_Answ._ True necessity hath no law: that is, a man is not bound to do things naturally impossible; but if he might have foreseen that necessity, or the doubtfulness of his payment at the day, it was his sin to promise it, unless he put in some limitation, If I be able, and acquainted the lender with the uncertainty. However it be, when the time is come, he ought to go to his creditor, and tell him of his necessity, and desire further time, and endeavour to pay it as soon as he is able: and if he be not able, to make him what satisfaction he can, by his labour, or any other lawful way.
_Quest._ VII. May I borrow of one to pay another, to keep my day with the first?
_Answ._ Yes, if you deal not fraudulently with the second, but are able to pay him, or acquaint him truly with your case.
_Quest._ VIII. Suppose that I have no probability of paying the last creditor, may I borrow of one to pay another, and so live upon borrowing; or must I rather continue in one man's debt?
_Answ._ If you truly acquaint your creditors with your state, you may do as is most to your convenience. If the first creditor be able and willing rather to trust you longer, than that you should borrow of another to pay him, you may continue his debtor, till you can pay him without borrowing, but if he be either poor or unwilling to bear with you, and another that is able be willing to venture, you may better borrow of another to pay him. But if they be all equally unwilling to stand to any hazard by you, then you must rather continue in the first man's debt, because if you wrong another you will commit another sin: nay, you cannot borrow in such a case, because it is supposed that the other will not lend, when he knoweth your case. And you must not at all conceal it from him.
_Object._ But it may be my ruin to open my full state to another.
_Answ._ You must not live upon cheating and thievery to prevent your ruin: and what can it be less to get another man's money against his will, if you hide your case, which if he knew he would not lend it you.
_Object._ But what if I tell him plainly, that I will pay him certainly by borrowing of another, though I cannot pay him for mine own, and though I be not like to pay the last?
_Answ._ If you truly thus open your case to every one that you borrow of, you may take it, if they will lend it; for then you have their consent: and it is supposed, that every one is willing to run the hazard of being the last creditor.
_Quest._ IX. May I lend upon pledges, pawns, or mortgages for my security?
_Answ._ Yes, so you take not that from a poor man for a pledge, which is necessary to his livelihood and maintenance: as the bed which he should lie on, the clothes which he should wear, or the tools which he should work with; and be not cruel on pretence of mercy.
_Quest._ X. May I take the forfeiture and keep a pledge or mortgage upon covenants?
_Answ._ If it be among merchants and rich men, an act of merchandise, and not of mere security for money lent, then it is another case: as if they make a bargain thus, Take this jewel or this land for your money; and it shall be yours if I pay you not at such a day: I am willing to stand to the hazard of uncertainty; if I pay you not, suppose it is for my own commodity, and not through disability. In this case it is lawful to take the forfeiture, or detain the thing. But if it be properly but a pledge to secure the money, then the final intent is but that your money may be repaid; and you may not take the advantage of breaking a day, to take that from another which is none of your own. Justice will allow you only to take so much as your money came to, and to give the overplus (if there be any) to the debtor. And mercy will require you rather to forgive the debt, than to keep a pledge which he cannot spare, but to his ruin and misery, (as his food, his raiment, his tools, his house, &c.) unless you be in as great necessity as he.
_Quest._ XI. May I take the bond or promise of a third person as security for my money?
_Answ._ Yes, in case that other be able and willing to be responsible; for you have his own consent; but great caution should be used, that you take no man that is insufficient, from whom mercy forbiddeth you to take it, in case the principal debtor fail; unless you take his suretiship but _in terrorem_, resolving not to take it of him: and also that you faithfully tell the sureties that you must require it of them in case of non-payment, and therefore try whether indeed they are truly willing to pay it: for if they be such as truly presume that you will not take it of them, or will take it ill to be sued for it, you should not take their suretiship, unless you purpose not to seek it (except in necessity).
_Quest._ XII. Is it lawful to lend upon usury, interest, or increase?