_Answ._ This controversy hath so many full treatises written on it, that I cannot expect that so few words as I must lay out upon it should satisfy the studious reader. All the disputes about the name of usury I pass by; it being, The receiving any additional gain as due for money lent, which is commonly meant by the word, and which we mean in the question. For the questions, Whether we may bargain for it, or tie the debtor to pay it? Whether we may take it after his gain as partaking in it, or before? Whether we must partake also in the loss, if the debtor be a loser? with other such like, are but subsequent to the main question, Whether any gain (called use) may be taken by the lender as his due for the money lent? My judgment is as followeth.
I. There is some such gain or usury lawful and commendable. II. There is some such gain or usury unlawful and a heinous sin. I shall first give my reasons of the first proposition.
I. If all usury be forbidden it is either by the law of nature, or by some positive law of supernatural revelation: if the latter, it is either by some law of Moses, or by some law of Christ: if the former, it is either as against the rule of piety to God, or against justice or charity to men. That which is neither a violation of the natural laws of piety, justice, or charity; nor against the supernaturally revealed laws of Moses or of Christ, is not unlawful. But there is some usury which is against none of all these; _ergo_ there is some usury which is not unlawful.
I will first lay you down the instances of such usury, and then prove it. There is a parcel of land to be sold for a thousand pounds, which is worth forty pounds per annum, and hath wood on it worth a thousand pounds (some such things we have known): John N. is willing to purchase it; but he hath a poor neighbour, T. S. that hath no money, but a great desire of the bargain. J. N. loving his neighbour as himself, and desiring his wealth, lendeth him the thousand pounds upon usury for one year. T. S. buyeth the land, and selleth the wood for the same money, and repayeth it in a year, and so hath all the land for almost nothing; as if J. N. had purchased the land and freely given it him, after a year or two; the gift had been the same.
_Object._ Here you suppose the seller wronged by selling his land almost for nothing.
_Answ._ 1. That is nothing at all to the present case, but a different case by itself. 2. I can put many cases in which such a sale may be made without any wrong to the seller: as when it is done by some prince, or state, or noble and liberal person, purposely designing the enriching of the subjects, or after a war, as lately in Ireland. So that the question is, whether J. N. may not give T. S. a thousand or eight hundred pounds' worth of land, taking a year's rent first out of the land, or a year's use for the money, which cometh to the same sum.
Another: a rich merchant trading into the East Indies, having five thousand pounds to lay out upon his commodities in traffic, when he hath laid out four thousand five hundred pounds, lendeth in charity the other five hundred pounds to one of his servants to lay out upon a commodity, which when it cometh home will be worth two thousand pounds; and offereth him to secure the carriage with his own; requiring only the use of his money at six per cent. Here the taking of thirty pounds' use, is but the giving him one thousand four hundred and seventy pounds, and is all one with deducting so much of the gift.
Another instance: certain orphans having nothing left them but so much money as will by the allowed use of it find them bread and poor clothing; the guardian cannot lay it out in lands for them; and if he maintain them upon the stock, it will be quickly spent, and he must answer for it: a rich man that is their neighbour tradeth in iron works, (furnaces or forges,) or lead works, or other such commodities, in which he constantly getteth the double of the stock which he employeth, or at least twenty pounds or forty pounds in the hundred; the guardian dare not lend the money to any poor man, lest he break and never be able to pay it; therefore he lendeth it this rich man. And if he have it without usury, the poor orphans give the rich man freely twenty pounds or forty pounds a year, supposing their stock to be a hundred; if he take usury, the rich man doth but give the poor orphans some part of his constant gain.