In the Table-Talk a friend, in 1542, raised an objection: If a man trades
with the money lent him and makes 15 florins yearly, he must surely pay
the lender something for this. Of this Luther, however, will not hear.
“No, this is merely an accidental profit, and on accidentals no rule can
be based.”[279] That the profit was “accidental” was, however, simply his
theory.
In spite of all this Luther did make exceptions, though, in view of
his rigid theory and reading of the Bible, it is difficult to see how
he could justify them.
Thus, he is willing to allow usury in those cases where the charging
of interest is “in reality a sort of work of mercy to the needy, who
would otherwise have nothing, and where no great injury is done to
another.” Thus, when “old people, poor widows or orphans, or other
necessitous folk, who have learned no other way of making a living,”
were only able to support themselves by lending out their money, in
such cases the “lawyers might well seek to mitigate somewhat the
severity of the law.” “Should an appeal be made to the ruler,” then
the proverb “Necessity knows no law” might be quoted. “It might
here serve to call to mind that the Emperor Justinian had permitted
such mitigated usury [he had sanctioned the taking of 4, 6 or 8 per
cent], and in such a case I am ready to agree and to answer for it
before God, particularly in the case of needy persons and where usury
is practised out of necessity or from charity. If, however, it was
wanton, avaricious, unnecessary usury, merely for the purpose of trade
and profit, then I would not agree”; even the Emperor himself could
not make this legitimate; for it is not the laws of the Emperor which
lead us to heaven, but the observance of the laws of God.[280]
It follows from this that even the so-called “_titulus legis_” found
no favour in his sight in the case of actual money loans, for it is of
this, not of “purchasable interest,” that he speaks in the writing to
the pastors. A real, honest purchase, so he there says quite truly, is
no usury.[281]
A remarkable deflection from his strict principles is to be found
not only in the words just quoted but also in his letter to the town
council of Erfurt sent in 1525 at the time of the rising in that
town and the neighbourhood. The mutineers refused among other things
to continue paying interest on the sums borrowed. For this refusal
Luther censures them as rebels, and also refuses to hear of their
“deducting the interest from the sum total” (i.e. the capital). He
here vindicates the lenders as follows: “Did I wish yearly to spend
some of the total amount I should naturally keep it by me. Why should
I hand it over to another as though I were a child, and allow another
to trade with it? Who can dispose of his money even at Erfurt in such
a way that it shall be paid out to him yearly and bit by bit? This
would really be asking too much.”[282]
Public-domain text, read in full here on John Shaqi.
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