11.4 Cafes about IJ3orrowing. ~ej!.t. !f<:!efl. 4· !f<:!efi. 5· ~eff.6. Tit. 4· C&jes of Confcience about Lmding and IJ3orrowing. §• t • Q1efi. 1. M. Ay a poor m12n horron1 money, JPbo k._norvttb thaJ he is 'mable to repay it, and hatb 110 rattontJl pronf tbat he is very lik._ely to be able bereafter.? ' An[w. No: ~~~lefs n b~ whrn he te11eth the lender truly of his cafe-, and he is willing to run the hnard : ~lfc: tt.1s rnecr thievery covered with the cheat ofborrowing: For the borrower defireth that of another, wh1ch he would not lend him, if he expected it not again : And to take a mar.s money or goods againfi his will, is robbery. Object. But I am in great neccffity. Anfw. Begging in nccdfity is lawful: but fiealing or cheating is not, though you call it borrowing. Objdf. But _it it a ftume tv btg. Ailfrv. T he fm of thieviili borrowing is worfc th<ln llume. ObjeCt. But JtoJte will give me, if I beg. Anfw. 11 they will give but to fave your life at the prefent, you mu(\ takeit, though they give you not what you would have: The.poorcO beggars life isbetter than rhe thiefs. Object. But I hape God may enable me to pay hereafter. • Anfw. If you havt: no rational way to rnanifcfl the foundnefs of that hope to another, it is but to prercnd faith and hope for thievery and deceit. Object. God bath promifrd, that tbofe tha.t fear him jhaU want Ho good thing 1 and tlmrfore I hope I may be able to repay it• . An(w. If you want not, Why do you borrow> If you have enough to keep you alive by beg– gt~tg, God makcth .goo~ all his promifes to you: Yea, or if you dye by famine. f'or he only pro· mtf<th you that whtch IS befi; which for ought you know may be beggery or death. God break· ech not promife with his fervants who dye in common famine, no more than with them that dye in Plagues 01' Wars. Make not God the Patron of fin. Yea, and your faith a pretence for your di~ flrull. 11 you trufl God, ufe no (inful means: If you trufl h)m not , this pleading of his promife is hypocrifie. , 9· 2• ~ell. 2. May a1radrfma>l drive a 1rade with borrowcJ money, wlun hit fuccr[t and [o bi< repayment i1 utterly au uncertain thing? An[rv. There are fomc Trades where the gain is fo exceeding probable, next to certain, as may warrant the borrowing of money to manage them, when there is no rational probability of failing in the payment. And there ate (ome Tradefmen, who have ellates of their own, {Ufficicnt to repay all the money which they borrow. But otherwife when tht mqney is rationally hazardous, thebor~ rower is bound in confcicnce to acquaint the lender fuiiy with the hazard, that he may not have it againfi his will. Ocherwife he Hveth in Conllant deceit oi thievery! And if he do happen to repay it, it excufeth not his fin. 9· 3· Q!d\. 3· If a borrower be •tterry u•ahle to p•y, and [o brrak, wbile lu batb [omr~l>ing, ma_- be not retaj., jomewhat for hi1 food or rayment. Anfiv. No : unlefS it be in order to fet up again in hope to repay hls debts : For aB that he hath being other mens, he may not cake fo much as bread to his mouth, out of that which iS thtirs, without their confent. §· 4· Q!Jeft. 4 But if a man bavt biJund bimfelf to IJis Wivu friend! upon marriage to fwle fo much upon hrr or her children, and thit obii_(!,ation waJ anttcedent to bi1 debts, may be not jfwre th.:u to 1Ji!lf7ife ~nd Childrrn, without any injury to his Creditor1l An[w. The Law of the Land mufi much decide thi,scontroverfie: If thepropriety bcacrually before transferred to Wife or Children, it is theirs, and cannot be taken from tht:m: Bur if it were done after by adeed of gift to defraud the Creditors, than that deed of gift is invalid, till debts be paid. If it be but an Ohlig~tion and no collation of propriety, the Law mull: determine who is to be firfi: paid: and whether the Wife be fuppofed to run the hazard of gaining or lofing with the Hus– band : And though the Laws of feveral Countreys herein differ, and fame give the Wife more pro~ priery than others do, yet Jbufi they in each placo be confcic:ntiouny obfervcd, as being the Rule of iit<;h propriety. But we mufi fee that there be no fraudulent intent in the tranfiction. ~· 5· Q!_ell. 5· May 1101 a brol<,en1radefinan rttainfomervbat to [tt upagai11, if hi-t creditors be wil· ling tocompound for a certain p.1rt of the debt ? An[w. lt he truly acquaint them with his whole efiate, and they voluntarily allow him put to him· fclf, either in chuity, or in hope hereafter to be fatisfied, this is no unlawful courfe : But if he hi~e part from them, and make thembelieve that the rcfi is all, this is but a thievi01 procurement of their compcfition or confc:nt. 9· ~. Q!cH. 6. May a borrower lawfully break, hi1 day, of promiftd payment , in cafe of nectffit)l? . . An[w. True ncccffity hath no Law: that is, aman is not bound to do things natunlly unpofl1ble : But it he might have forcfeen that ncccffity, or the doubtfulnefs of his payment ar.cheday, it was his fin to prornife it, unlefs he put in fame limitation [If I be able, J and acqua~ntcd t~e lender with the tmcertainty. However it be, when the time is come, he ought to go w h1s Cr(dltor, and . tell
RkJQdWJsaXNoZXIy OTcyMjk=