Usury; Or, Interest, Premium and Discount — John Shaqi
Usury; Or, Interest, Premium and DiscountCrittenden, S. H. (Salmon Hodges)
Philosophy
Usury; Or, Interest, Premium and Discount
Crittenden, S. H. (Salmon Hodges)
Usury
Puffendorf, whose treatise on the “Laws of Nature and of Nations,” was
published in England in 1710, says: “The arguments which are brought
against Usury are easily answered. It is urged that the loan of a
consumable commodity ought to be given gratis, because the loan of all
other things is so. But I answer that I have the power of granting the
use of my goods that are not consumable either gratis, or for rent:
whereof, the one is a _loan_, the other a _letting_. So what should
hinder me from granting the use of my money also, either gratis, or
for a certain recompense? When one man borrows to increase his wealth,
or improve his condition, why should another lend to him for nothing?
Nay, ’tis an unreasonable thing, when you vastly improve your fortune
with my money, not to admit me to some share of the gain. For I, in
the meantime, am debarred from making that advantage which I might
have otherwise expected, by applying it to my own use. Besides, I have
parted with something valuable, which ought therefore to be considered:
for in lieu of my money, I have only an action against your person,
which cannot be prosecuted without some trouble. It may also happen
by some accident that the debt may be lost. Nay, sometimes the debtor
must be courted and caressed, that it be not lost. And some borrow on
purpose to make their creditors dependent on them. As, the Marechal de
Rochelause, when he was taxed by Louis XIII. with taking part with the
Duke of Mayenne, pleaded in excuse, that he did not follow the Duke,
but his money: for his debt would be in a desperate condition if he did
not stick close to his debtor.
“Besides, it is not seldom that we lend to persons who are utterly
unable to pay; and therefore some are of the opinion that it would be
for the advantage of the public, to allow none but merchants to take
up money at use; for this would make the poor industrious, and force
them to frugality, who, some of them, are not afraid to pay Interest
for money to maintain their extravagancies. And monied men, rather than
let their money lie dead, would either take to merchandise themselves
or would put out their money to those who do: which would make trade
flourish to the great benefit of the commonwealth.
Grotius is of the opinion, “that the legal interest ought to be stated,
not according to the gains of the borrower, but the loss that thereby
accrues to the lender: as in buying and selling, and other contracts,
no regard is had to what the receiver may make of the commodity, but
what goes away from the seller.”
Public-domain text, read in full here on John Shaqi.
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