_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?