The speculation of vsurie

❧ Of the essence , nature , and definition of Vsurie .

The first Chapter .

BEfore I come to the precise description or definition of Vssurie , I must require thee ( gentle reader ) to obserue two things with mee . First , that it is one thing to speake of vsurie it selfe , an other thing to speake of the sinne of it . Secondly , that these words are fitly and plainely distinguished in the Latine tongue ; A distinction very necessary to be obserued . to wit , commodatum , locatum , and mutuum , which are confounded in our English tongue , and taken onely for loane or the thing that is lent . When therfore and so often as I shall speake of loane or the thing lent , my meaning euer is to speake of that loane , or of that thing lent , which is called in latine mutuum . which I heere admonish once for all ; to auoid confusion and tedious repetition , in this my discourse following .

The sinne of vsurie , The definition of vsurie . is the exacting , intending , or receiuing of the vsurie , or of that gaine which is giuen for the loane . Usurie it selfe is that gaine , which is exacted or principally intended for the loane of our money , or of other things estimable with money .

I say first , ( exacted , ) because a thing giuen voluntarily in the way of gratitude , A deformed adiunct . is not vsurie ; neither doth it make the receiuer to be an vsurer , if it haue not a deformed adiunct .

I say secondly , ( principally intended ) because gaine intended secondarily doth not make vsurie , nor him that desireth it to be an vsurer ; though the principal intention of it be inough for mentall vsurie , as shall appeare hereafter .

I say thirdly , ( of money , or things estimable with money ) because vsurie may be aswell committed in other things as in money , although many of the vulgar sort , and some also that otherwise bee learned ; seeme not so to conceiue the matter . This definition of vsurie , may be euidently prooued out of the holy Scriptures in the olde and newe Testament ; as also by the vniforme consent of the ancient Fathers , and by the constitutions made in councels of best approoued antiquitie . Which thing shal be prooued copiously , in the next Chapter following .

Of the deformitie and great sinne of Vsurie . Chap. 2.

WHen I consider Gods holy will reuealed in his sacred word , the manifold testimonies of the ancient fathers , and the decrees of approoued Synods ; I cannot but admire the condition of many in these our daies ; who are so farre from condemning vsurie , that they doe not onely practise it , but without blushing defend the same , as an honest and lawfull thing . I will therefore by Gods holy assistance , so discouer the curpitude of filthie vsurie by three seueral testimonies ; as euery childe may with facilitie , behold how grieuous a sinne it is .

The first distinction , of the testimonie of the holy Scriptures .

THe first place of my first proofe , is taken out of the booke of Exodus in these words : Exod. 22. v. 25. If thou lend money to my people , that is , to the poore with thee , thou shalt not bee an vsurer to him : ye shall not oppresse him with vsurie .

The second place is conteined in Leuiticus , in these expresse words : Leuit. 25. v. 35. 36. If thy brother be impouerished , and fallen in decay with thee , thou shalt relieue him : thou shalt take no vsurie of him , nor vantage , but thou shalt feare thy God , that thy brother may liue with thee .

The third place is taken out of the Psalmes , Psal. 15. v. 1. 5. and these are the words : Lord , who shall dwell in thy tabernacle , who shall rest in thine holy mountaine ? he that giueth not his mony vnto vsurie , nor taketh reward against the innocent .

The fourth place is in the Prophet Ezechiel , Ezek. 18. v. 13. who writeth in this maner ( He that ) hath giuen foorth vpon vsurie , or hath taken increase , shall he liue ? he shall not liue ; seeing he hath done al these abhominations , he shal die the death , and his blood shall be vpon him .

The fift and last place , Luke ● . v. 35. is taken out of the holy Gospel , in these expresse words : Wherfore loue ye your enemies , & do good , and lend , not hoping for any gaine , and your reward shal be great , and ye shal be the children of the most High .

Out of these texts I note first , that vsurie is a very great sin , as which is not only against charitie , but against iustice also .

I note secondly , that no vsurer loueth or feareth God , but seeketh the destruccion of his Christian brother .

I note thirdly , that it is not onely vnlawfull to take or require vsury , but also to wish or desire vsury in our hearts .

I note fourthly , that vsurers cannot dwell in Gods house , but that their blood must be vpon them , and they perish euerlastingly . These annotations are effectually contained in the textes of sacred Scripture alreadie rehearsed . Whosoeuer will peruse them seriously , cannot but conceiue it to be so .

The second distinction , of the testimonie of ancient Councils .

THe ancient councill Elebettine of some called Granado , decreed against vsurie , aboue one thousand , two hundred , and sixtie yeeres sithence , in the yeere of our Lord God 325. the words are these ; Conc. Eleber . can. 20. Si quis clericorum detectus fuerit vsuras accipere placuit degradari & abstinere . Si quis etiam laicus accepisse probatur vsuras , & promiserit correptus , se iam cessaturum nec vlterius exacturum , placetei veniam tribui , si verò in ea iniquitate durauerit , ab ecclesia sciat se esse proijciendum If any of the cleargie shall be conuinced to take vsurie , then we decree that he shall not onely surcease , but withall he degraded ( for his wicked fact . ) Yea if a lay man who is knowen to take vsurie , shal after admonition giue it ouer , and deale no longer therewith , the councill is content to pardon him . But if that lay man shall continue in that iniquitie , let him know that the church will excommunicate him , ( and deliuer him vp to satan , as the apostle terms it . ) By these words of this holy and ancient council we may see euidently , Joe , vsurie is flat iniquitie in all sorts of people . that vsury is a grieuous sinne in al sorts of people ; and that lay persons , who would not surcease from taking vsurie , were punished with excommunication , the most terrible and feareful punishment that can in this life happen ●nto man .

The famous council of Nice , which was holden in the yere of our Lord God 327. vtterly condemneth vsurie , as a thing prohibited by the expresse word of God . These are the words ; Quoniam multi clerici auaririae causa turpia lucra sectantes , Conc. Nicen. can. 18. obliti sunt diuini praecepti ( quo dictum est : qui pecuntam suam non dedit ad vsuram ) foenerantes centesimas exigunt , statuit hoc sanctum concilium , vt si quis innentus fuerit , post hanc definitionem vsuras accipere , vel ex quolibet tali negotio turpia lucra sectari , veletiam species frumentorum ad septuplum dare : omnis qui tale aliquid conatus fuerit ad quaestum , deijciatur a clero , & alienus ab ecclesiasticohabeatur gradú . Because many of the cleargie , Behold , vsurie is directly against Gods commandement . while they are couetous and folow after filthy gaine , do forget Gods holy precept ( which pronounceth him blessed that hath not giuen his money vnto vsurie , ) and giuing foorth vpon vsurie , require the hundred part ; this holy councell decreeth , that if any be found after this constitution , to take vsury , or to followe vnhonest gaine of any such marchandise , or els to giue to the seuenth part their kinds of corne ; let euery one that shall attempt any such thing for gaine , bee cast out from the cleargie , and be remooued from ecclesiasticall function .

Out of these wordes I note first , that vsurie is here pronounced to bee against Gods word , as it was before by the councell Elebertine .

I note secondly , that this holy Synod assigned sharpe punishment , for such as receiued vsurie .

I note thirdly , that the Fathers of this councell , terme vsurie an vnhonest and filthie gaine .

I note fourthly , that this sacred Synod acknowledgeth vsurie not onely in money , but euen in corne and other things .

The ancient councell of Arles the first , Conc. 1. celebrated about the same time , Arelat. with the former Synods , taught the selfe same doctrine in these wordes ; can. 12. de ministris qui foenerantur , placuit , eos iuxta formam diuinitus datam , a communione abstinere . concerning the ministers which are vsurers , we decree that they shall absteine from the holy Communion , euen as it is appointed by God . Lo , God himselfe doth so lothe and detest vsurie , that he will haue no vsurers to receiue his holy Communion .

The third councell of Carthage , Conc. 3. which was holden in the yeere of our Lord , 400. Carthag . condemneth vsurie as the other councels did before it . can. 16.

The third distinction , of the testimonie of the auncient fathers .

VSurie is so condemned by all approoued writers of antiquitie ; as no one auncient father can be named , who euer wrote one worde in defence of it : neuerthelesse , very many of the holy fathers , haue in large maner discouered that filthy lucre ; of which number , I will now content my selfe with a few .

Lactantius Firmianus of this matter writeth in this maner ; Lactantius lib. 6. diuinar . intit . cap. 18. Pecuniae , si quam crediderit , non accipiet vsuram ; vt & beneficium sit incolume quod succurrit necessitati , & abstineat se prorsus alieno . in hoc enim genere officij debet suo esse contentus , quem oportet ne proprio quidem parcere , vt bonum faciat ; plus autem accipere quam dederit , iniustum est quod qui facit , insidiatur quodammodo , vt ex alterius necessitate praedetur : If a man lend any money , he must not take vsurie for the same ; aswell to make the benefit safe and sound which relieueth necessitie , as to keepe himselfe free from another mans goods . for in this kinde of seruice , he must be content with his owne ; who is bound not to spare his owne , that so he may doe good ; but to take more then he gaue , Usuris is flat theft and extortion . is a thing vniust . which who so doth , worketh by deceit , that so he may make a pray of another mans necessitie . Out of these golden words of this auncient writer , who liued aboue 1200. yeeres agoe , I note first , that whosoeuer taketh vsurie , taketh another mans right from him .

I note secondly , that to receiue more then was giuen , is vsurie and iniustice . and consequently , that all surplussage which we take for the loane , is another mans and not our owne .

I note thirdly , that all vsurers deale deceitfully , and make a pray of their neighbours miserie .

Saint Basill , Basilius in Psal. 14. ser. ● , tom. 1. reputed so excellent a diuine that he was surnamed ( magnus ) the great , doeth so liuely paint out vsurers in their deserued colours ; as all hearts that are not of flint or iron wil be mollified with one only recitall of the same : these therefore are his wordes ; Nam Ezechiel in maximis ponit malis foenus , & plus quàm sortem accipere , & lex illud luculenter prohibet . Sequitur auarus autem videns inopem necessitate coactum ad genua sua supplicem procumbentem , ecquid non abiectum facientem ? quid non loquentem ? non miseretur illius , vtut praeter decorum se supplicem exhibeat , communem non cogitat naturam , humilibus supplicationibus nihil cedit , sed immobilis implacabilisque consistens , & nec precibus vincitur nec lachrymis mollitur , sed negando perseuerat : iurat insuper atque protestatur sese omnino carere pecunia , & quaerere si quem ipse faeneratorem inueniat , ac mendacio fidem per iuramentum faciens , iniquae & inhumanae mercaturae impudens periurium addit ; postquam vero conspicit miserum illum meminisse faenor in poeturamque sortis vltro offerentem , supercilium remittere ac subridere incipit ; tunc demum amicitiae paternae recordatur , & familiarem & amicum appellat . videamus inquit , si quid nobis restat depositi argenti : est n. amice hominis depositum quoddam apud nos , vnde quaestum ille facit , grauéque foenus nobis imposuit . nos vero ex hoc detrahemus , longéque minore tibi dabimus . For ( the Prophet Ezechiel ) placeth vsurie and all that is more then the principall , amongst the greatest sinnes ; and the Law doth expresly forbid the same . But the couetous man seeing the poore man enforced with necessitie , fallen prostrate at his feete , making humble sute vnto him , abacing himselfe in all kinde of seruilitie , doeth not for all that extend any compassion towards him , howesoeuer hee submit him selfe more then seemely order would require ; he remembreth not the nature common to them both , Beholde the expresse practise of vsurers . this day in England . he giueth no place to humble request , he remaineth immoueable and implacable , he is neither ouercome with prayers , nor mollified with teares ▪ but still continueth in deniall . Besides this he sweareth and protesteth that hee hath no money at all , but that himselfe seeketh , where to finde an vsurer ; and so swearing falshood to be trueth , he addeth impudent periurie to naughtie and cruell merchandise : yet so soone as the silly poore man maketh mention of vsurie , and willingly offereth the ouerplus aboue the principall , he abateth his sowre councenance , and beginneth to smile ; then at the length hee remembreth paternall amitie , and calleth him neighbour and friend . let vs see sayth he , if there remaine any money , O wicked greedines ioyned with falsehood and hypocrisie . of that which was left in our hands . For a friend of mine left a piece of money with me , whereof he vseth to make a gaine , and hath imposed a great interest vpon vs ; yet wee will subtract a piece of it , and let you haue it farre better cheape .

Out of these wordes of this holy , learned , and auncient father , I note first , that vsurie is prooued out of holy writ , to be one of the greatest sinnes . So sayth S. Basill , so sayth the holy Prophet Ezechiel .

I note secondly , that vsurers are vnmercifull and very cruell men , that they take pleasure in the miserie of the poore , and will haue no compassion on them .

I note thirdly , that vsurers be lyars and periured persons ; as who by ioyning periurie to leasing , seeke to increase their sauage and brutish dealing .

I note fourthly , that howsoeuer vsurers protest and sweare that they haue no money ; yet so soone as excessiue filthy gaine is promised by their needy neighbours , they graunt they haue inough in store : neuerthelesse , to hide their guilefully painted hypocrisie , they say it is their friends , and not their owne .

Saint Ambrose doeth no lesse exclaime against vsurie , then you haue heard already out of Saint Basil. Yea , he handleth no other matter throughout many Chapters of a large booke ; some fewe wordes onely I will alledge , by which the Reader may haue an indifferent coniecture of the rest : these are the wordes ; Ambrosius libr. dd Tobis , caa . 3. tom. 4. Numeratur pecunia , addicitur libertas , absoluitur miser minore debito , minore ligatur . Talia sunt vestra diuites beneficia : minus datis , & plus exigitis . Talis humanitas , vt spolietis etiam dum subuenitis : foecundus vobis etiam pauper est ad qu●stum Vsurarius est egenus cogentibus vobis habet quod reddaet , quod impendat , non habet . Misericordes plane viri quem alij absoluitis , vobis addicitis . vsuras soluit , qui victu indiget ; an quicquam grauius ? ille medicamentum quaerit , vos offertis venenum . Panem implorat , gladium porrigitis : libertatem obsecrat , seruitutem irrogatis . absolutionem praecatur , informis laquie nodum stringitis . Money is tolde , libertie is solde , the silly poore man is quit of the lesse debt , and fast bound to the greater . Such ( O rich men ) are your benefits , you giue lesse , O intollerable iniquitie . and exact more ; such is your humanitie , that while you seeme to helpe a man , you spoyle him vtterly . Your profit is wrought , euen by the poore man vnto your gaine . the vsurer is needie . by your exaction hee hath something to restore , but plaine nothing to bestowe . You are doubtlesse mercifull men . whom you make free to others , those you make bondmen to your selues . hee payeth vsurie , that hath not whereon to liue . can any thing be a more grieuous sinne ? hee seeketh for a medicine , you giue him poyson . he asketh bread , you giue him a sword . he prayeth to haue libertie , you bring him into seruilitie . he desireth to be loosed , you tye a knot on the corde .

Saint Chrysostome reputeth the vsurer , Chrysost. in cap. 21. Mat. hom. 38. tom. 2. p. 999. for the most cruell and abiect caitife in the world , thus doeth he write ; Qui autem comparat rem , vt illam ipsam integram & immutatam dando lucaretur ; ille est mereator , qui de templo Dei eijcitur . vnde , super omnes mercatores plus maledictus est vsurarius . si . n. qui rem comparatam vendit , mercator est & maledictus ; quantò magis maledictus erit , qui non comparatam pecuniam . sed a Deo donatam sibi , dat ad vsuram ? secundò , quia mercator dat rem , vt iam illam non repetat ; iste autem postquam foenerauerit , & sua iterum repetit , & alienae tollit cum suis. Hee that prouideth a thing to gaine , by giuing it entire and vnchaunged , is that merchant that is cast out of the temple of God . A fine epithiton for the vsurer . Wherefore more accursed is the vsurer then all merchants in the world . for if he that selleth the thing he hath , be a merchant , and accursed ; how much more shall he be accursed , that giueth to vsurie not the money he hath gotten , but that which God gaue him . againe , because the merchant giueth the thing neuer henceforth to receiue it againe ; but the vsurer after he hath lent his money , both taketh his owne againe , and other mens with his owne .

S. Augustine is in this point as in all other things , August . in psa. 36. conc. 3. briefe , pithy , and sweete : these are his words ; Nolo sitis foeneratores , & ideo nolo , quia Deus non vult : nam si ego nolo , & Deus vult , agite . si autem Deus non vult , etiamsi ego vellem , malo suo ageret qui ageret . Vnde apparet Deum hoc nolle . Dictum est alio loco , qui pecuniam suam non dedit ad vsuram . Et quàm detestabile sit , & quàm odiosum , quàm execrandum , puto quia & ipsi foeneratores nouerunt . I will not haue you to be vsurers , and therefore will not I , because God wil not . for though I will not , yet if God wil , yee may doe it . but if God will not then although I would , yet should he do it to his own harme , that would do it . But how do we know , that God wil it not : because it is said in another place ; He that hath not giuen his mony to vsurie . Now how detestable , how odious & execrable a thing it is , I thinke the vsurers themselues do know .

S. Hierome the most excellent and skilfull clarke , is in this point consonant to the rest , Hieron . libr. 6. in 18. cap. Ezee. these are his expresse words ; Respondeat nobis breuiter foenerator misericors , vtrum habenti dederit , an non habenti Si habenti , vtique dare non debuerat , sed dedit quasi non habenti . Ergo quare plus exigit quasi ab habente ? alij pro pecuniae foenerata , solent munuscula accipere diuersi generis ; & non intelligunt vsuram appellari , & superabundantiam , quicquid illud est , si ab eo quod dederint plus acceperint : Let the merciful vsurer 〈◊〉 answere me , whether he lent to him that had , or to him that wanted : If to him that had , he doubtles should not haue done it ; but he gaue it as to one that had not , therefore why doth he exact more , as of one that hath ? Others for lent money vse to take gifts of another kind ; and they vnderstand not that vsurie is termed that surplusage or ouerplus whatsoeuer it be that they take more than they gaue . To these Fathers , the testimonie of S. Bernard Guerricus shall be added for a complement ; Bernard . Guerr. in epist. 〈◊〉 . in fine oper. Bernas . Clareuall . these are his words : melius est grauem pati famen , quàm patrimonii venditionem : sed melius est partem vendere , quàm se vsuris subiicere . Quid est vsura ? venenum patrimonii . Quid est vsura legis ? latropraecedens quod intendit : it is better to suffer great famine , then to sell thy patrimonie , yet is it better for thee to sel a peece of it , then to liue in the bondage of vsury . What is vsurie ? The poison of our patrimony . What is the vsurie of the law ? A thiefe going before that that he intends to do . S. Bernard Clareuallensis compareth vsurers with theeues and hypocrites , and saith , that they be vnworthy the name of Christians ; Bernat . epist. 322 these are the words : Sicubi desunt Iudaei peius iudaizare dolemus christianos foeneratores , si tamen christianos & non magis baptizatos Iudaeos conuenit appellari : if the Iewes be wanting in any place , christians that be vsurers ( a pitifull case ) are found to surpasse them in Iudaisme ; if it be that we may terme them Christians , and not rather baptized Iewes .

Of the difference betweene Viurie and other lawful contracts of lending . Chap. 3.

FOr the exact vnderstanding of this chapter wee must obserue first , how commodatum differeth from locatum : commodatum is , when we lend a thing to a certaine day , not requiring any price or consideration for the loane .

We must obserue secondly , that locatum is , when we lend a thing to a certain day , requiring a certain price or consideration for the same .

We must obserue thirdly , that as I saide in the beginning of the first chapter these three wordes , commodatum , locatum , & mutuum , are confounded in our vulgar tongue , and that mutuum is euen as locatum , The difference betweene mutuum and locatum . when we lend a thing to a certaine day , requiring a certaine price or consideration for the same . But the difference is this , because in locato , we keepe still the dominion and proprietie of the thing which wee lend ; but in mutuo , the dominion and proprietie of the thing lent , 〈◊〉 translated from vs to him that borroweth the same . This obseruation ought neuer to be forgotten .

We must obserue fourthly , that of things some be consumptible , and some inconsumptible : inconsumptible things are those , in which we can separate the vse from the dominion and proprietie of the thing : consumptible things are those , in which the dominion is transferred together with the vse . Whereupon it commeth , that when wee lend thinges inconsumptible with the vse ; Things consumptible and things inconsumptible . as our horses , our oxen , our kine , our sheepe , and such like ; we may take competently for the loane , vse , or increase of the same ; because after the loane of such things , the dominion and propriety of the same , stil remaineth in our selues . Contrariwise it falleth out , in things consumptible with the vse ; because the dominion and proprietie of such things which before was in our selues , passeth from vs to the borrowers , ipso facto with the loane thereof . Such things are mony , wine , ale , beere , bread , oile , corne , and the like . For in these things it is impossible to separate the vse from the dominion of the thing it selfe : and consequently , whensoeuer ye lend me any such thing , ipso facto yee change the propertie of the thing , and make me the owner and lord of the same .

We must obserue fiftly , that money is a thing which of it owne nature is barraine and fruitlesse , and so can neuer yeeld any commoditie , vnlesse it be by the industrie of man .

We must obserue sixtly , that we may speake of mony two maner of waies ; to wit , materially and formally . It is taken formally , when it is vsed according to the first institution , for honest and necessarie permutation , Formally and materially . as the rule and measure of things to be solde . And when mony thus taken is lent , the dominion & propriety is euer altered with the loane . It is taken materially : when it is lent to be giuen for a pledge , for ostentation , & other like intents , so as the selfesame numero must be restored . The vse and commoditie of these obseruations & distinctions , wil appeare throughout the chapters folowing .

Of the obiect of vsurie , that is , of the matter and things in which vsurie is committed . Chap. 4.

MAny thinke that vsurie consisteth in the loane of mony only ; but they are grosely deceiued , in that their imagination . For it chanceth so often as any thing is taken for the loane in what kind of things soeuer . This I will proue manifestly , as well by the scriptures , as by the holy fathers .

Touching the Scripture , Ezech. 18. v. 17. the first place is in Ezechiel , in these wordes ; Neither hath receiued vsurie nor increase : where the word ( increase ) may be supplied as well to other things as to mony .

The second place maketh this matter a little plainer , Leuit. 25. v. 37. these are the words ; Thou shalt not giue him thy mony to vsurie , nor lend him thy vitailes for increase . Loe , not only the increase of money , but of vittailes also is prohibited .

The third place is in Deuteronomie , Deut. 23. v. 19. so plaine and so euident , as no man be he neuer so subtile , can by any colour auoid the same : these are the words ; Thou shalt not giue to vsury to thy brother ; as vsurie of money , vsury of meate , vsury of any thing that is put to vsurie .

Concerning the fathers , Hier. in 18. cap. Ezech. libr. 6. S. Hierom writeth in this maner , Putant quidam vsuram tantum esse in pecunia : quod praeuidens scriptura diuina , omni rei aufert super abundantiam : vt plus non recipias , quam dedisti . Solent in agris frumenti , & milij , vini , & olei caeter arumque specierum vsurae exigi , siue vt appellat sermo diuinus abundantiae . Some men thinke that vsury is only in mony ; which the holy scripture foreseeing , takes away the superabendance of euery thing ; that thou receiue no more then that which thou gauest . They are woont to exact vsury , or as holie Writ termeth it , ouerplus , of corne , millet , wine , Vsurie is onely in things consumptible with the vse . oile , and other things . Behold here , how vsurie is in al such thinges , as are consumptible with the vse . For in other things vsurie can haue no place . Let the Reader marke well my words , and vnderstand and perfectly what I say .

S. Austen hath these wordes , August in psal. 36. conc. 3. Non pecuniam solam sed aliquid plus quam dedisli , siue illud triticum sit , siue vinum , siue oleum , siue quodlibet aliud , si plus quam dedisti expectas accipere , foeneratores . If thou expect to receiue more then thou gauest , not only mony , but any thing more then thou didst giue , whether it be wheat , or wine , or oile , or whatsoeuer else , thou art an vsurer . Thus writes this holy & learned father , whose words are so plaine , as no glose is needfull for the same .

S. Ambrose writeth in this maner ; Ambros. libr. de Tob. cap. 14. Et esca vsura est , & vestis vsura est , & quodeunque sorti accedit . vsura est . Quod velis ei nomen imponas . vsura est . Si licitum est , cur vocabulum refugis ? cur velamen obtexis ? si illsicitum est , cur incrementum requiris ? quod peius est , hoc vitium plurimorium est , & maxime diuitum quibus hoc nomine instruuntur cellaria . Both meat is vsurie , and thy garment is vsurie , and it is vsurie , whatsoeuer is more than the principalll . Giue it what name thou wilt , it is vsury . If it be lawfull , why dost thou refuse the name ? why dost thou hide it with a vaile : if it be vnlawfull , why dost thou require more then thou gaues ? And which is worse , many haue this fault , specially rich men , whose storehouses are furnished with the name . Lo , not only mony , but meat , come , garments , and what things else soeuer , is flat vsury ; if anie thing aboue the principall be exacted for the loane .

Of the seueral kinds of Vsurie , and their proper adiuncts . Chap. 5.

THere be two kinds of vsurie , Vsurie mental and reall to wit , mentall vsurie , and vsurie reall .

Mentall vsurie is , when one wisheth or expecteth ouerplus for the loane , but doeth not exact the same by any externall word or couenant . This kind is not subiect to restitution .

Reall vsurie is of two sorts , to wit , manifest , and palliate : manifest vsurie reall is , when surplussage is exacted for the loane , by expresse words of couenant : and this kind is not only a damnable sinne , but also bindeth to restitution .

Palliate vsurie reall is , when more then the principall is exacted for the loane , yet not by expresse and plaine termes , but in a secret and bid kind of bargaining . This palliate vsurie is a very detestable sinne , and bindeth the receiuer to restitution , although it be this day frequent ( alas for pitie ) in all kind of bargaining . Note this point well . For , howe often soeuer the seller selleth better cheape , because he receiueth the money before hand ; or dearer , because he forbeareth his money till a day ; so often doubtlesse is this palliate vsurie committed , and the ouerplus indeede exacted for the loane of the money . Prouided euer , vnlesse the day be to his hinderance .

The example of the former , to wit , when things are solde better cheape for hauing the money before hand .

An honest poore neighbour being in great distresse , commeth to a rich couetous miser , & desireth to borrow some money for a time . The craftie dealing of the vsurer . Wel ( saith the couetous man ) you want mony , but you haue that which I would buy , and if not , you may prouide it to serue my turne . What shall I giue you for so many bushelles of corne , to be deliuered at such a day , and you shal haue present money to serue your neede ? and because the poore man must needs haue money in hand , such is his necessitie , the rich man , ( though he will not in precise termes exact more money and manifest vsurie , because he would not be reputed an vsurer ) yet doth he enforce his poore neighbour , on whome he ought by Gods lawes to haue compassion , to sell his goods at vnder value , and that he doth indeede for the very lone of his mony . For first the poore man might as well haue giuen him more mony in the kind , as for to prouide him come at his day and rated price .

2 Secondlie , the poore manwould not haue beene bound to prouide corne at his day and price to his great losse and domage , if by any reasonable meane , he could haue prouided mony in his need .

3 Thirdly the ouerplus of the corne indeed , Note that this corne is vsualy bought of them , that haue none to deliuer , which is too too abominable . was onely eracted for the loane of the money ( fle vppon al craftie vsurie . ) For otherwise , he should and would haue granted the lone of the money freely , vntil the day in which he should receiue the corne . And withal he ought to haue taken the corne by the current price of the market , and not as his couetous mind did designe . Some couetous wretches deale more subtil it , but no lesse wickedlie . For example , a poore man came not long sithence , to a rich man , whom my selfe know , and his vsual maner of dealing , ( the man shal here be nameles , though neither before God nor the world blameles ) and desiredt a borrow , 33. s 4. d. You haue a mare quoth the rich man , I wil giue ye so much for her : alas , saith the poore man , I may not forgoe her , for she is the best part of my poore liuing . Wel , the rich man concluded , What heart wil not lament such dealing ? he would buy the mare for fiue nobls , & sel her againe to the poore man for seuen nobles , with a yeere day for the payment , in which bargaine the poore man gaue no vsury , saue only two nobles for the loane of fiue : for which increase of money , the poore man kept still his owne mare in his owne hand : 1. Ioan. 3. v. 17. but alas , how did this rich man loue his poore neighbor as himselfe ? I wil say no more herein , but that which Christs Apostle said before me : he that seeth his brother neede , and shutteth vp his bowels of compassion from him , how dwelleth the loue of God in him ? this vsurer departed out of this life , euen while I wrote these things , whose sodain death with the circumstances thereof , may be a warning to all numerciful vsurers : the example of the latter , to wit , when thngs are sold dearer , for want of present payment .

A poore man commeth to his rich neighbour , God help the poore , and comforteth them in their miserie . to buy such things as he hath present neede to vse , here the richer sort , specially the marchants , take great pleasure in oppressing the poore , in their most pittiful neede . Wil yee buy of mee , saith the rich man , for present money , or to a certaine day ? and when the poore man answereth , that he must needs haue it til a day : then the rich man valueth his wares at such an high price , as he extorteth most grieuous vsurie for the loane : for the forhearance of the money , is the sole cause of the surplussage in the price .

The first obiection .

IF two rich men haue this yeere diuers opinions , concerning the price of corne , and he that thinketh it wil be dearer the next yeare , shall giue to him that thinketh it wil be cheaper xx . pounds presentlie for so much corne to be deliuered then , as he can now buy for the mony , that kind of dealing is no vsurie at all , albeit the corne may then perhaps be sold for xxx . pounds : therefore it seemeth lawful to sel corne at a lesser price , for the paiment of money before hand .

The answere .

1 I say first , that vsurie is neuer committed , ( as is already proued ) saue then onelie , when ouerplus is exacted for the loane .

2 I say secondly , that in the case mentionded in the obiection , there is no loane of money at al , neither expressed , nor yet palliate : the reason is this , because as well the buyer as the seller , exposeth himselfe to a meere casuall euent : for whether corn wil then be cheaper or dearer , neither of them twain can tell .

3 I say thirdly , that if he who receiueth the money , were in present necessitie , and yeelded to sell the corne onelie or principally for the vse of the money , the buyer 〈◊〉 the same at his hands , then were that kind of dealing vsurie indeede , A great disparitie , of a farre different contract . howsheuer the euent should afterward fall out : but when neither the seller respecteth the vse of the mony , nor the buier extorteth any thing for the loane of the same , as in this casual bargaine , but both the parties stand vpon their prouidence ●niectures , & politicke diuinacions , then doubtles , the formal reason of vsurie ceaseth , and the buying with the sale becommeth a lawfull contract .

The second obiection .

It is good reason , it cannot be denied that if my neighbour can gaine fiue pounds by the vse of my twentie pounds , then that he shal giue me three pounds for the loane thereof , for the delay and non-payment of my money , is the onelie and sole cause of his gaine .

The answere .

I say first , that howsoeuer the gaine fal out , yet may nothing be exacted for the loan , because god himself hath so appointed .

2 I say secondly , that the greater part of people are so farre from gaining thereby , as they are vtterly impouerished by the same .

3 : I say thirdly , that by the loane of money the propertie thereof is altered , and the dominion translated to the borrower , and consequentlie , that when the lender extorteth anie thing for the vse thereof , Melancth. in definit . theolog . ipso facto . he robbeth the borrower and despoyleth him of his lawfull goods : this among the latter writers hath Melancthon well obserued to his immortall fame .

4 : I say fourthly , that money is a thing so barren and vnfruitfull of it owne nature , as is cannot yeelde any commoditie without the industrie of man : Money is not fruitfull at it selfe . and consequentlie , since the whole fruit thereof preceedeth from mans laborious trauel , to exact anything for the vse thereof , must needs be flat extortion .

The third obiection .

MAny 〈◊〉 able neighbours are often greatly damnified by lending their money , and therefore it is good reason , that they should haue some consideration for the same .

The answere .

I answere that no consideration can iustly be exacted , No consideration for the loane . for or in respect of the loane . Neuerthelesse , in certaine cases ●●●●plus may verie lawfully , both bee giuen and required , which cases shal be made manifest , in the next chapter following .

Of the gaine ceasing , and losse insuing , by the loane of money . Chap. 6.

THere be two things , to wit , the gaine that ceaseth and the domage or losse that insueth to the londer , by reason of either of which ●●aine , surplussage may be required , and that without anie vsurie at al i the reason hereof is euident , because gaine ceasing & losse insuing for the loane of mony , are things essentialy and really distinguished , from the loane of the same : the example of the former , Lucrum cessans . I haue in ready mony an hundred pounds which I purpose presentlie to bestow in corne for honest and lawful gaine . Now it so falleth out , that my neighbor is very vrgent to borrow this hundred pounds of me , to whom I condescend to lend it with mine owne hinderance , yet vpon this condition , that he giue me so much ouerplus , as woulde be the iust gaine , that ceaseth by reason of the loane : this kind of ouerplus is no vsurie , because it is not exacted for the loane , but for the gaine that ceaseth thereupon : yet in this case two things must be required ; first that I intend in true meaning , to bestow my mony , as is already said , and thereby to seek honest & lawful gaine : secondly that I exact no more ouerplus , then that that is trulie deemed , Marke well my words , and iudge thee of accordingly to be my surceasing gain , the value of which gaine ought to be esteemed by indifferent men , which are expert in that kind of trade : for if I either exact more then the gaine ceasing , or in truth intend not to expose my mony for lawful gaine , in way of honest bargaining , then is the exacting of such surplussage , become palliate vsurie indeede . By reason of this surceasing gaine , A graue aduise to the seller of any thing . marchant men and other honest bargainers , may sundry times exact a greater price , when they sell their marchandise or goods to a certaine day : but heere I must require al marchants and other , especially the richer sort to marke well what I say : for although the seller may euer exact ouerplus for his truely surceasing gaine , yet may he not euer extort ouerplus , when he selles to a day : the reason hereof is euident , because to sel to a day , doth not euer preiudice or hinder his lawfull gaine , and so the formall reason of exacting ouerplus in this case lieth dead : for if the buier bring the money so soone , as the seller can and meaneth to bestow the same for honest gaine ; then to exact any higher price for the day , is palliate vsury indeed . The example of the latter : I haue a sum of money which : I am to bestowe in the necessarie reparation of my house , and that now in the summer season : for if I shall let my house stay til the winter season , Damnum emergens . it wil not only be hurtful , but also 〈◊〉 chargeable to me : in the meane time my distressed neighbour commeth to me , and in pittifull manner desireth to borrow my money , whose neede I cannot relieue but with mine owne losse , The iugement of men indifferent . as is alreadie saide : in this case , to exact so much as amounteth to my losse , is no vsurie at all , for the ouerplus is not extorted , by reason of the loane ; yet more may not be exacted then is or would bee deemed the iust losse , by the iudgement of indifferent men .

The difficultie .

THe debters do often disappoint their creditors , and wil not bring their money at the day assigned , in respect of which danger , it seemeth that a man may exact some reasonable ouerplus , and so value his saleable things at an higher price .

The answere .

I answer , To redeeme a mans vexation . that the seller may value his things at an higher price , when in true meaning he doubteth of the payment , because so to deale is but a prudent prouiso , to redeeme his iust vexation : yet here is to be obserued , that the creditors must alwaies giue the ouerplus backe againe , when the debters pay the money in due time .

That vsurie is flat theft , prohibited by the eight commandement , and also that it bindeth to restitution . Chap. 7.

ALl as w●l●lde as late Writers agree in this , The true meaning of the 8. commandement . that by the eight commandement is not only prohibited theft , but robberie also extortion , deceit , and al maner of dealings , by which we vniustly take or possesse another mans goods , this case is so plaine , as no ancient father or approued latter writer , can be alledged to the contrarie : for the definition of theft maketh the case euident , which by vniforme consent of al writers is this : Furtum est acceptio vel occupatio rei a lienae , iruito domino , theft is the taking or vsing an other mans goodes agaisnt his will . So then sith the surplussage in vsurie is another mans goods , and vniustly extorted as is alreadie proued , it followeth of necessitie , that vsurie is flat theft and manifest iniurie . Now that al vsurers are bound to restitution , it is a thing so consectarie vpon the ground alreadie laied , as none either learning or reason can denie the same : for the vertue of iustice ( as the verie ethnike Philosophers tell vs ) est reddere cuiquam quod suum est , 〈◊〉 19. v. l. is to giue to euerie man that which is his owne : therefore said good Zaccheus , that if he had done wrong to any man , hee would restore it foure folde : Iob , 2 , v , 13. therefore willed holy Tobias to restore the kid , that he heard bleating in his house : therfore commanded the lawe of Moses , that if any man did hurt field or vineyard , or put in his beast to feede in another mans fielde , the same should make recompence of his own field , Exod. 22. v. 5 . and of the best of his owne vineyard : therefore did the same law commande , that when anie mans corne or other goods was destroied by fire : he that kindled the fire should make full restitution : therefore said S. Augustine wisely and grauely , Exod. 22. v. 6. Non dimittitur peccatum , nisi restituatur ablatum : the sinne is neuer forgiuen , vntil that which is wrongfully taken away , be restored again , and the reason hereof is euident , which S. Augustine wel obserued : Aug. Maeed. . epist. 54. to wit , that when a man will not restore things wrongfully taken from his neighbour , when he is able so to doe , that man cannot be truely penitent , and so neither can he attaine remission at Gods hands . I say ( when he is able ) because if an vsurer , theefe , extortioner , or other deceitfull dealer , be so farre wasted and become so beggerlie , that he hath not wherewith to make restitution in part or in al , then it is inough for such a one to aske God mercie , and to haue a willing mind to make restitution , when he commeth ad pinquiorem fortuna , and is able so to doe .

Hereupon I infer first , The first corollarie . that all vsurers , as also the children or heyres of vsurers , who possesse any lands , tenements , or goods , gotten or bought with the gaine of vsurie , are bound to make restitution for the same : which if it were duelie and truely put in execution , many that now a daies are reputed rich , would be as poore as their needie neighbours : but how riche soeuer such seeme in their owne conceits , or howsoeuer they be esteemed by the eies of the world , yet are they most beggarly indeede , and will one day be so found , before the tribunall seate of our Lord Iesus .

I infer secondly , The second corollarie . that all iudges & lawyers , who for bribes , friendship , or other worldly respects , do wittingly and willingly further euil causes , and by their pleading or sentence do debar poore men , from their lawful title to lands or goodes , are bound to make restitution for the same .

I infer thirdly , The third corollarie . that al iustices of the peace , baylifes , constables , and other officers , who by reason of bribes or any other sinister respects , doe fauour the rich and mightie men against iustice , and thereupon do oppresse the poore and needy sort , are strictly bound to make restitution , for all iniuries and iniustice done in that behalfe .

I inferre fourthlie , The fourth corollarie . that al marchants , artificers , and others that vse to buy and sell , who in their marchandise , occupations , or in buying and selling , vse any fraud or deceit , are bound to make restitution , for al their deceitfully gotten goods .

I inferre fiftlie , The fift corollarie . that whosoeuer get their neighbours goods fraudulently , by carding , dicing , shooting , or other disporte whatsoeuer , are bound to make restitution for the same .

I inferre sixtly , The sixt corollarie . that whosoeuer will not make restitution of goods vniustly gotten , and for iniuries done to his poore neighbours , can not be the child of God .

Of the obiections made in defence of vsurie . Chap. 8.

The first obiection of the etymology of the word .

VSurie in the originall , and sacred hebrewe tongue , doth signifie nipping or byting : which etymologie doth flatly insinuate vnto vs , that so often as our neighbor doth gaine by taking our money to vsurie , so often is vsury lawful and no sin at al : yea , when our neighbour gaineth by giuing vsurie , hee cannot doubtles be oppressed by the same : and yet is oppression the sole and onely cause , why vsurie is prohibited by Gods law .

The answere .

I say first , that vsurie is called in Greeke 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 bringing forth or increase , comming of 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , which is to giue to vsurie or increase : and it is fitly so tearmed , because it multiplieth or breedeth beyond al measure , for I heard of one that began but with a shilling , and lent it for a penie in the weeke , and so became verie rich in a few yeares . I heard of another , that lent a hundred pounds for ten the first yeare , for xx . the second yeare , for xxx . the third yeere , for xl . the fourth yeare , for 50. the fift yeare , so that when he had payed the principall , hee remained 50. pounds indebted yearely for the same . But this matter is so runningly handled now a dayes , They must 〈◊〉 wares , that know not how to vse them . that the greatest vsurers indeede , would be thought no vsurers at all . For when one commeth to borrow money on them , they say they haue none , but yet they will let them haue wares , and procure a friend to buy the same , againe for readie money : which palliat vsurie , hath made some that I know , to sell their whole inheritance . I heard of another poore man , who came to a rich cormorant to borrow money , but receiued this answere , I haue no money to lend ( quoth the rich man ) but thou hast a good mare , for which I will giue thee fiue nobles , and so thou shalt haue money to doe thy needes : alas quoth the poore man I am not able to spare my mare , because shee is the greatest part of my poore liuing , wel saith the rich man , thou shalt presently haue her againe til a day , if thou wilt enter into bond , to giue me seauen nobles for her : to which lamentable extortion , the poore man was inforced to yeeld . The fact is notorious , my selfe knew both the parties right well , as I said before , this vsurer to the ensample of al others hath lately made a miserable ende .

I say secondly , that in Hebrew it is called Neshech of the roote Nashach , Leui. 25. ● . 36 , 37 which doeth signifie to bite , and that very fitly , because it biteth poore men pittifully , and as it were gnaweth al their silly substance from them .

I say thirdly , that the gaine of the borrower , cannot make vsurie without biting : the reason is manifest , because biting is included in the formal cause thereof : for as it is alreadie proued , in things consumptible with the vse , the dominion thereof is translated by the loane . & to exact surplussage for the vse of a mans owne , is meere iniustice and flat extortion . For example , if a rich Landlord should borrow of his poore tenant tenne pounds , & would not repay the same thankfully , neither at all without some gaine , if then the tenant not able without greater domage to recouer his money , should giue to his landlord 40. shillings for the peaceable payment thereof , in such a case the exacting of 40. shillings were mere iniustice and flat extortion : This ob●●●ct must be remembred . and yet for al that , the poore tenant should gaine by giuing the 40. shillings : ad hereunto that money of it owne nature is fruitles , and would yeeld no gaine at all without the industrie of man , that imployeth it to vse .

The second obiection .

God himselfe allowed vsurie in the Iewes , Deut. 23. 30 , when they took vsurie of strangers onelie , but not one of an other . Vsurie therefore is not simply euil , for God neuer approueth sinne .

The answere .

I say first , that as one Iew might not take vsurie of another , because they were al brethren , no more may one christian of another , as who are al brethren created by one and the same father , redeemed by one and the same sonne , sanctified by one & the same holy Ghost , three persons and one God : and therefore do we al ioyntlie pray , Our father which art in heauen .

I say secondly , that God dispensed with the Iewes for the hardnes of their hearts , that they might by vsury oppresse strangers , that is to say , the Amalechites and Ammorites , Gods enimies and theirs , because they had iustly deserued to be dispossessed , Diuine dispensation . not onely of their goods , but of their liues also : for God the eternal law maker is not so tied to his law , but that he may at his good will and pleasure dispence with the same : and therefore said Christ himselfe , to the Pharises , when they charged his disciples with the breach of the sabboth , Matt. 12. v. 8. that the sonne of man is Lord , euen of the saboth , and according to the common receiued axiome , priuilegium paucorum non facit legem communem , a priueledge granted to some few , cannot establish a common law : Ambr. in libr. de Tobia ca. 14. yea , S. Ambrose sheweth in a large discourse , that the taking vsurie of the Amalechites and Ammorites , cannot make vsurie lawfull amongst vs christians ; who so listeth may reade his words in his learned booke de Tobia .

The third obiection .

IT is lawfull for to take increase of money for the deliuerie of money at such a time in such a place : for example , I may take ouerplus in gold at Paris , to deliuer gold at Lions , Genua , Millan , or Rome : for this is daily practised and neuer reproued by any learned writer . I may therefore in like maner , for the deliuerie of present money in Ianuary , receiue increase of money in december , and not thereby sinne at all .

The answer .

I answere , that in these two cases great disparitie may bee found . For in your deliuerie of present money , increase is exacted only and solely for the loane . But in the other deliuerie , increase is required for assecuration sake : that is to say , the partie that deliuereth money or gold at Paris , is in feare to fall among theeues , and so to be dispoiled of all he hath : in regard whereof he commeth to a banker , who partly of charitie , and partly to get an honest liuing , keepeth seruants at Milan , Lions , and Genua , with a stocke of mony in euery place . To this banker the traueller giueth a competent consideration , that he may haue his ticket to receiue so much mony , when he comes to such a place , or to his iourneis end . Which increase this banker taketh not for the loane of his money ( for hee may rather be said to borrow then to lend ) but for the safe deliuerie of my mony at such a place , and for the charges he is at , by keping seruants to that only end . Which thing is so farre from being vsurie , that it is a very commendable and charitable act . Yea in those countries where these bankes be allowed , al vsurie is vtterly condemned . And such as die knowen vsurers without satisfaction to the parties damnified , cannot be buried among other christians .

The fourth obiection .

IF a man giue an hundred crownes in hand , hee may haue for the same out of the bankes at Rome , at Genua , and at other places , twelue crownes yeerly for the terme of his life ; or ten crownes yeerely to him and his assignes for euer . Which increase is giuen for paying the money before hand : and yet no learned man did euer reprooue this kind of dealing , but rather hath highly commended the same .

The answer .

I answer , that in these kinds of banks , there is no vsury at all committed , the reason hereof is this ; because these bankers haue lands in fee simple , out of which they graunt for so much in hand , either a yeerely rent of so many crownes for euer , or at least for terme of life . Which to do is a lawful contract , as which is nothing else but to sell for an hundred crownes in hand , the yeerely rent of ten crownes for euer . And the same thing may be proportionably verified , in all other like bankes and contracts .

Of certaine doubts or difficult questions , tending to the perspicuous explication of Vsurie . Cha. 9.

The first question .

THere is in sundrie countries , a banke called mons pietatis , the mountaine of pietie . This mount or banke was founded by certain deuout persons , so then and this day esteemed , for the honest help of poore and needy folke . And this mons pietatis is virtually practised , Mons pietatis no vsurie . in many famous vniuersities . The case thus standeth ; certaine men hauing a charitable care howe to prouide for the poorer sort , that they might borrow money in their neede , and not bee oppressed with vsury , gaue great summes of money to be kept in a banke , and appointed certaine chosen seruants , for the giuing out , and the taking in of the said money . Which seruants haue in charge , to lend to poore folkes such summes of mony as they neede , A prouident cautele and prouiso . vnto a very reasonable day . Yet , lest the mount should in time be spent and consumed , they haue prouidently made this double prouiso , First , that they which borrow the mony , shal deliuer some sufficient pledge for the repayment of the same , at the day or daies appointed . Secondly , that they which borrow the money shall giue some competent consideration to the saide seruants , who continually attend for the deliuerie and receiuing of the money . Now would I know , why this kind of dealing is not vsurie .

The answer .

I answer , that here I behold great charitie , but vsurie I can find none . For nothing at all is taken for the loane of the mony , but for the necessarie maintenance of the seruants , who attend continually for the conuenient helpe of the borrowers . To which consideration , if the borrowers shoulde not yeelde , neither could the banke indure , neither the pledges be kept in safetie and good order . For the pledges or guages are of sundry sortes , and oftentimes can not be kept , without both cost and care . Mary if they take aboue measure , I grant that it is hard dealing , and contrarie to the true meaning of the founders .

The second question .

You said before , that it is not vsurie , when one taketh consideration for his gaine ceasing : which if it be so , then may all vsurers be excused , for when the vsurer lendeth out his money , that gaine doubtles ceaseth , which he might make thereupon .

The answere .

I say first , that rich men , who haue great store of mony , are bound by Gods lawes , not onely to lend their money without gaine , but also to giue it freely , for the necessary reliefe of their honest poore neighbours : 1. Ioan. 3. v. 17 . for as S. Iohn saith , he that hath the wealth of this world , and knoweth his brothers neede , and shutteth vp his bowelles from him , in that man dwelleth not the loue of God . When thou commest to the Church to pray saith S. Chrysostome , Chrysost. hom. 9 in Matth. bring thy reward in thy hand : giue to them that want , and aske of him that hath , that thy prayer may be commended with good works : the hand of the poore faith Rauennus is the treasure of Christ , Rauen . and what the poore receiueth , that Christ accepteth , which saying our Sauiour Christ confirmeth in the gospel , telling vs , Matth. 10. v. 4● . that if one giue but a cup of cold water to the poore for his sake , it shal not be vnrewarded : why saith S. Basill , Basilius . is one made rich and another poore , but that God will reward the fidelitie of the one , and the patience of the other ▪ It is the bread of the hungrie which thou hast , the coate of the naked , which thou lockest vp , the shooe of the barefooted , which thou holdest , the mony of the needie , which thou possessest , wherfore thou killest so many as thou canst relieue and wilt not . Ambr. This saith S. Ambrose , is to kill a man , to denie to help him in his need : beware lest thou shut vp in thy bagges , the life of the poore : wilt thou be a fine marchant and rich vsurer , August . saith S. Austen ? then giue that thou canst not keep , to receiue that thou canst not lose , giue a little to receiue much : giue temporall possession , to attaine eternal saluation . I neuer read of any man saith S. Hierome , Hier. that made an ill end , who in his life time , cherefully exercised the works of charitie . And Christs holy Apostle confirmeth al this , Iac. 1. v. 27. when he pronounceth it to be the pure and vndefiled religion before God , to relleue the fatherlesse and widdowes in their necessitie , 〈◊〉 cruell vsurers , then , are of a new no religion , and god wil one day vomit them out of his mouth : Note wel this point . for the which cause such vsurers as will not make restitution before their death , of al goodes gotten by vsurie , cannot be permitted in many christian countries to be buried in christian mans buriall , for such sharpe punishment seemeth detested vsurie to deserue .

I say secondly , that when ouerplus is taken for game truely ceasing , no vsurie is or can be committed , albe it the partie that taketh the ouerplus being a rich man may sinne grieuously against the rule of charitie . I say ( truely ceasing ) because marchants and other bargainers , do often fain to cease , when there is no such true ceasing at al.

I say thirdly , that the notorious vsurers , who will no way employ their money , but to get gaine by the loane thereof , ( of which sort are they , that haue sold their lands to get money to lend for gaine ) can neuer truely pretend the ceasing of gaine , for since money is fruitles of it owne nature , as is alreadie said , there can no gaine truely cease to him thereby , who neuer meant to put it to honest vse .

I say fourthly , that other rich men , who vse honest bargaining for honest gaine , cannot for al that truely pretend the ceasing of gaine , when they lend money to their needie neighbors , at such time and times , as they neither would nor could bestow the same , during the time of such their loane .

The third question .

What say you to those marchant men , that sell their wares continually for more when they giue a day , and take lesse when they receiue money in hand : for this is a thing most common nowadayes , not onlie with marchants and mercers , but euen amongst al other bargainers .

The answere .

I say first , that albeit the greater part self dearer for the day , ( the mane is the pittie ) yet god be thanked for it , many well disposed persons , ( of whom my selfe and wel acquainted with some ) are so farre from that kind of dealing , as they vtterly abhorre and detest the same .

I say secondly , that when the forbearance of the money till such a day , is truely and without fraude preiudicial to the seller , because he cannot vse his money in due time , then for that end , and in that respect , he may take 〈…〉 , for his lawful 〈◊〉 game : but when his money is so paid , and in such time , as the seller is no way damnified thereby , them and in such a case , he can take nothing for the day , without the crime of vsurie .

The fourth question

What say you to those merchants and others , who are so rich , that they haue alwayes good store of gold and money locked vp in their coffers , and yet sel dearer to the day , & to those who though they be not so rich , yet neede they not the money , before the day , and yet for al that sell their wares and goods dearer for the day .

The answere .

I say first to the former sort , that they are not only vsurers , but also extortioners , and cruel murderers of their christian neighbours : neither is this my bare doome , but the flat iudgement of Christ himselfe , and of al the holy fathers .

I say secondly to the latter sort , that they are tangled with the crimes of vsurie , and consequently bound to restitution .

The first question .

Is it vsurie to lend our kine or sheep after a competent rate , and to receiue the stocke againe .

The answere .

I say first , that kine and sheepe ve things fruitfull of their owne nature , and therefore may be lent out for gaine , and that without vsurie or other iniustice at all .

I say secondly , that when kine , shrepe or other cattell , are lent out or set ouer for gaine , with couenant in bond to restore the principall , or the iust price thereof , what euent soeuer befall , then the gaine taken in that order , and with those cricumstances is flat vsurie , He that hath no horse can lose Horse . it cannot be denied : the reason heereof is euident , because ouer and besids the ouerplus taken for the fertalitie of the rattel , the lender requireth securitie for the principall , and thatby reason of the loane , and consequently the dominion of the principall is translated , which is the formall reason of vsurie : for when anything perisheth it perisheth to the owner , and not to him that hath no title thereunto .

I say thirdly , that he , who lendeth or setteth ouer to his poore neighbours , kine , sheepe , or other cattel , after a reasonable and competente rate , without couenant or bond to deliuer the principal againe , in as good case , state , and order as it was receiued , both a very charitable art , but committeth no vsurie at al.

The replie .

Mary fie , if this he so , then must I be at great charges , and sustein no final losses at his hands , who hired my horses , sheep or kine , and so for doing good to my neighbour , be vtterly impouerished my selfe , but I wil none of that , I thanke you .

The answere .

I answer , that the case is farre otherwise : for if your goods be hurt or miscaried any way , by the negligence or default of him that borroweth or hireth them , then both in conscience and by the course of the common law , he is bound to make satisfaction for the same : and thus much you may draw into couenant if you list , without anie suspition of vsurie at all : but if 〈…〉 your horse , kine , or sheep ; and do to them that which an honest man ought to do , then if they die , or otherwise miscarrie , your selfe must stand to the losse , and not I , for the goods are yours , and not mine , they must perish to you the owner , & not to me the hirer : if you defend the contrarie , you fall into the flat case of vsurie .

The sixth question .

A friend of mine gaue me an hundred and twentie pounds freely , so as I must neuer pay the principall againe , but yet with this prowish , that I must giue to him during his naturall life , twentie pounds by yeere . Now would I know if this be vsurie .

The answere .

I answere that it is no vsurie indeede , The cont●nes called in latin , Do vt . but a verie lawfull contract or bargaine , termed of the Latines , do vt des : the reason is euident , because here is nothing taken for the loane : ouer and besides this , it is a meere 〈◊〉 contract , putting the receiuer in farre better state , then he was before : for the giuer may die the next day , and so the receiuer haue the principal for nothing at all . Againe , if the giuer should liue as long as the common sort of men do , yet could the receiuer be at no losse , vnlesse his owne negligence were in default .

The replie .

Then it is no vsury if I lend my neighbor twenty pounds , vpon this condition , that he shal giue me thirtie pounds , if I be liuing at the end of the halfe yere , and if I die before , he shal be bound onely to pay the twentie pounds againe : indeede many good men vse this kind of dealing , and I am glad to heare you say , it is no vsurie .

The answere .

I say first , that you seeme to interpret my instruction according to your owne best liking .

I say secondly , that there is great disparitie , in these two proposed cases : for in the former , the principal must neuer return to the giuer , neither is there anie thing exacted , in respect of the loane : but in the latter , the principall must euer be restored , and that which is exacted , is in respect of the loane , for no other consideration can be yeelded : and therefore this filthie lucre , is detestable palliate vsurie .

I say thirdly , that the dealing is plaine diabolicall , howsoeuer the worldlings esteeme thereof : yea , the practitioners are so far from being good men , that they are thereby become the catchpolles of satan : Ambr. in libr. de Tobia . for as S. Ambrose hath wel concluded out of the holy writ , if they be blessed that giue not their money to vsurie , as the holy Prophet of God auoucheth plainly then doubtles are they accursed , Psal. 15. that practise vsurie and reioyce therein .

The seuenth question .

It was euer thought lawfull , to set ouer the portions of infants for gaine , neither to this day hath any learned man reproued the same : what therefore must be thinke therof ?

The answere .

I say first that many things haue beene often by learned men reproued , which were seldome or neuer wholly reformed .

I say secondly , that the least sinne may not be committed , to gaine the whole world vnto vs : for as the learned men haue collected out of S. Paul , Rom. 3. v. ● . non sunt facienda mala , vt inde eueniant bona : euill may not be done , that good may come thereupon . We may not steale from a rich man , for the reliefe of the poore : the causes and cases of infants and poore folks , are to be fauoured indeede , but yet euer with iustice , and neuer with sinne : The portions of infants . and therefore we must iudge of lending or setting ouer the ouerplus of infants , euen as we doe of other things , that is to say , if the portions be in mony , then to take any thing for the loane , as the maintenance of the infants , or some consideration to that end , is flat vsurie indeede : if the portions be in lands , or other goods that be fruitfull of their owne nature ; then competent consideration may be had , for the increase of the same . Alwaies prouided , that if the goods miscarrie without the negligence or other default of the borrower , that then as is alreadie said , they perish or miscarrie to the lender , who onelie and solely hath the dominion thereof .

The replie .

If the poore infants may haue nothing , in consideration of the vse of their portions , then wil their portions often be consumed , or at left much wasted , euen during their non-age and minoritie .

The answere .

Neither law , By the way of gratitude , but not of compulsion . conscience , nor reason , doth or can make a man in worse condition for bestowing a benefit , then he was before the gift thereof : and therfore , as he might afore accept of a free donation , so may be much more after his good deseres , receiue that which is freely giuen him , in the way of gratitude . My answere now is , that since , as the common prouerbe saith , ( one good turne deserueth another ) and since ingratitude as wel by the law of nature , as by the lawe diuine , is reproued for a grieuous sinne , it followeth consequently , that whosoeuer reapeth commoditie by taking an infant , with his portion , and will not to his power make thankfull conspensation for the same , may iustly be condemned of ingratitude : yet as he is to be condemned of ingratitude , if he render not thankfully of his owne accord , so if he be compelled by bond of couenant thereunto , then by and by is committed the sinne of vsurie : yet in things fruitful some consideration may be had , according to the true sence alreadie touched .

The eight question .

If vsury be so grieuous a sin , what shall we say to the lawes of this Realme , that this day approue and allow the same :

The answere .

I say first , that they who seeke thus to defend their abhominable vsury , commit no small trespasse against the Queenes most excellent maiesty , & the godly setled laws of this realme .

I say secondly , that the lawes of this realme do not approue vsurie for good , but barely tolerate the same punishment in some degree , so to auoid and eschew a greater euil . I proue it by a double reason : first because the common law doth punish al vsurers , that take aboue ten in the hundreth : secondly because the common law referreth al vsurers from the highest to the lowest , to be punished by the ecclesiasticall censures of the church : Where the least vsurie may this day be sharplie punished in this Realme of England , if due information be made thereof : and if such faults in some places at sometimes , Good lawes are somtimes slowly put in execution . passe vnpunished after information giuen , ( of which kind of dealing and the like , the poore people make pittifull complaints God wot ) that truely must bee imputed to the iniquitie of the inferiour Magistrates , who now and then are corrupted with flatterie , friendship , or gifts , and not to the iust and godly lawes of this Realme .

The replie .

Sundrie learned men do hold , that the ciuill Magistrate is appointed by God to punish male factours , and therefore may not tollerate or leaue any sinne vnpunished .

The answere .

I answere , that albeit some otherwise learned indeede , doe hold the contrarie opinion , yet do I repute it for an vndoubted truth , that Kings , Queenes , absolute Princes , and independent Magistrates , may in certaine cases vpon godly considerations , either tollerate sinne vnpunished , or pardon malefactours : for otherwise we must not onely condenme her excellent maiestie , Note the practise of al christendome . that now happilie raigneth ouer vs , but also all her most noble progenitors , yea and al other kings at al times in al ages , throughout al the christian world : for when was the King , and where is the kingdome , in which kings vpon good causes , haue not pardoned malefactors & the time cannot be named , the kingdome is vnknowne . Now for the exact handling of this point , ( because it is not onelie perti●ent to my present theame , but necessarie also for many other respects ) I thinke it to the purpose , to lay downe some strong foundations in that behalfe . The first foundation . First , this is a constant maxime , approued by vniforme consent of all learned diuines ; cessante fine legis cessat lex ipsa ; when the finall cause or ende for which the law was made , ceaseth , then doth the law euen of necessitie also cease . This foundation is grounded vpon the holie Scripture in the 15. of the Acts. Whereby the flat decree and setled law of the Apostles , Act. 15. v. 28. 19. we are bound to abstaine from bloud and strangled meates . This notwithstanding , no man hath this day anie scruple of conscience to eate the same : and yet hereof no other sound reason can be yeelded , saue onely that the end for which that law was made , did long sithence cease . For euen at that time there was no precise necessitie to abstain from bloud and strangled meates . Let this point be welmarked But this law was only made in respect of the state of that time , that the Gentiles and the Iewes might liue more peaceably together , and thereby auoyde al occasion of quarrelling . And therefore as soone as that end ceased , this law also ceased with it ; and so we this day are freed from the same . Yea this maxime is euident lumine naturali , euen by natural reason . For euerie law is made for some end ; which end how ofte soeuer it may be accomplished without the law , so often the execution of the law is needelesse .

Secondly , The second foundation . we must hold this for a constant foundation , that albeit the ciuil magistrate be commaunded to punish malefactors ; yet is neither the kinde of the punishment , nor the quantity thereof taxed by the law of God ; but it still abideth indifferent , to be determined by the supreme ciuill magistrate . For although there were speciall punishment prescribed in the indiciall law of Moses , The vsuall punishment of malefactors may bee changed . for transgressors of the sabboth , for adulterers , for murderers and such like ; yet neither by the lawe moral , neither by the law of the new testament , to which laws only we christians are this day bound , is any such punishment determined . And therefore the ciuil magistrate ( if it so seeme good vnto him ) may change the vsual punishment of theeues , ( which with vs is to be hanged ) and cause them to be cast into the bottome of the sea , with milstones about their necks . And the same may be said , of the punishment for other malefactors .

Thirdly , The third foundation . we must repute this for an vndoubted foundation , that the end for which Gods lawe appointeth malefactors to be punished , is the publike peace and good of the whole common-weale . For this is so euident by the course of the whole scripture , as it can neither with learning nor reason be denied .

Out of these three foundations thus firmly stablished , The first corollarie . these two corollaries may euidently be inferred . First , that whensoeuer any member of the common-weale committeth any capitall crime , for which he ought to die by the lawe , whose life notwithstanding is more profitable to the weale publike , than his death , in such a case the prince may pardon such a malefactor , 〈…〉 thereby sinne at all . Which thing christian princes seeme to respect , when in the time of warres they set such felons at libertie as are able to doe seruice in defence of the realm . The second corollarie . Secondly , that when any malefactor is so mightie or so strongly seated , that the prince cannot without probable daunger of his royal persm , or great domage to the commonweale punish the said malefactor ; in such a case the prince may tollerate such a malefactor vnpunished , and not thereby sin at all . These foundations and these illations once well vnderstoode and marked , this important controuersie can not but be manifest : neuertheles I wil adioyne certaine sound reasons herevnto for the better confirmation of the same .

The first reason .

It is a common atiome receiued of all as wel Ciuilians as Diuines ; The first reason . quod lex ron obligat vitra intentionem legislatoris , that the law doth not binde a man beyond the intention of the law-maker . Whereupon I inferre first , that the ciuill magistrate may dis●●sre , with his owne law . I inferre secondly , that the prince being Gods minister , may tollerate or pardon malefactors ; when and so often as such tolleration or pardoning tendeth to the common good of the publike weale . The reason is euident , because the intention of God the supreame law-maker , was euen that and none other , when he appointed his ministers to punish malefactors .

The second reason .

Prodigalitie is a great sinne , The second reason . condemned aswell in philoso●● as in , it neither will nor can be denied . It is the exceeding extreme , of the vertu liberalitie . This notwithstanding , al christian kings , as far as I can learne , haue euer tolerated the same unpunished at least in some degree ; neither were they for such tolerations reproued at anie time , by any ancient approued writer or learned father whosoeuer . Which doubtlesse is and ought to be so deputed , an argumental no small importance . For although emperours , kings , 〈…〉 do sin aswel as others of meaner calling yet neither haue they , neither euer can they liue vnreprooued , if at anie ende they 〈…〉 either by stablishing wicked lawes publikely ; or by suffering their 〈◊〉 to 〈…〉 of Gods lawes dissolutely : Matth. 3. v. 9. For God 〈…〉 of stones to Abraham , and neither is he , nor euer 〈◊〉 he be destitute of faithful couragious seruants , who wil constantly and without all leare , Esai . 2. v. 6. reproue al such as 〈◊〉 his holy laws . He hath watch men on the walles of his Ierusalem , who will reproue sin 〈…〉 He is not without his Elias , 1. Reg. 18. v. 18. that will stoutly reprooue at wicked Achabs . He hath in store a Danie 〈…〉 al naughtie iudges , Dan. 13. v. 61. and to acquit his faithfull Susannes . He will find a prophe●●● 〈…〉 out against ●ool any , and to teach euery Ieroboam his duely . He can and will prouide another Iohn Baptist , Matt. 14. v. 4. to speake boldly to all bloody Herods . And yet in so many hundred yeeres , such tollerations haue not beene reproued to my knowledge , by any learned writer .

The third reason .

It is a generall axiome , The third reason . receiued not only indiuinitie , but in philosophie also , ex 〈◊〉 mali● mique eligend●m , of 〈…〉 the lesser is to be chosen . And to spea●●● more plaindey , that which is often sin , Marke well this point . if it be absolutely considered ; the same done respectfully , wil be no sin at al. For example sake , murder is against the law diuine , and yet to kill one neighbour in our owne defence , both is and euer was reputed lawfull . S●t for a man to cut off his arme or leg , lest the whole body put●●efie or perish is a very lawful thing . Which thing all 〈◊〉 , kings seeme to respect , when they in sundry cases , tolerate 〈◊〉 vnpunished : for they thinke that 〈…〉 their realmes by punishing , than by 〈…〉 in such cases . Yea , if kings should at all times punish all malefactors , the church of God should often thereby want many most excellent and profitable members . For which respect our Sauour himselfe telleth vs , that when the ●ares can not be seuer 〈◊〉 the good corne , vnles both be pulled vp together , then may they tolerate the tares or weeds with the good corn euen 〈◊〉 the haruest : Matth. 13. v. 30. as if he had said ; when the wicked can not be punished , but with great domage to the good ; then may the magistr●t tolerate such malefactors vnpunished , and not therby sinne at all .

The fourth reason which is insoluble and irrefringible .

The blessed man Moses so highly renowmed in holy writ , The fourth reason . and so great in the fauor of God , pardoned great malefactors , in the heinous crime of diuorce . And this hee did to auoide a greater euill , that is , lest they vpon euery light cause shoulde poyson those wiues , whome they did not loue . For that such light diuorcement was onely permitted , but neither by God nor Moses approoues , I will demonstrate by these important reasons . First , because these are Christs owne words ; Moses because of the hardnes of your hearts , Matth. 19. v. 8. suffered you to put away your wiues , but from the beginning it was not so . Secondly , because the marriage after such light diuorce , was indeede vnlawfull by the law . Rom. 7. v. 1 , 2 , 3. For thus writeth S. Paul , know ye not brethren ( for I speake to them that know the law ) that the law hath dominion ouer the man , as long as he liueth ? for the woman which is in subiection to a man , is bound by the law to the man , while he liueth ; but if the man be dead , she is deliuered from the law of the man . So then , if while the man liueth she take another man , she shal be called an adultresse . Out of these words I note first , that marriage cannot be dissolued , ●●ring the life of the former husband . I note secondly , that 〈◊〉 was so euen in Moses law , because S. Paul saith he speasath to them that know the law , I note thirdly , that to be ma●●d after diuorce for a light cause , during the life of the former husband , is 〈◊〉 and flat adultery . I therfore conclude , that at idlerate sinne vnpunished vpon good cause , is 〈◊〉 at all . 〈◊〉 this mine assertion of diuorce , is not only grounded vpon the scriptures , but also confirmed by the best approued fathers , and eke by the late writers of this our age .

The fift reason .

We haue many examples in the holy scriptures , The fift reason . of blessed kings who haue often pardoned malefactours , and to this day were neuer reproued for the same : King Dauid a man full of the holy ghost , pardoned wicked Nabal at the petition of his vertuous wife Abigail . 1. Reg. 25. 35. The same king Dauid pardned Abner , who rebelled against him for the house of Saule : the same king Dauid tollerated Ioab in his naughtie dealings , 2. Reg. 3. 6 , 22. albeit be was more then a little offended with his manners : the same king Dauid tollerated cursed Shemei , ● . Reg. 3. though he commanded his son Salomon doe executian on them both , 3. Reg. 2. v , 8 , 9. after that himselfe was dead .

The sixth reason out of Saint Austen .

Saint Austen saith plainely , The sixt reason . that the church doth tollerate many euills , Aug. epist. 119. which she doth not approue : and the same saine Austen in his epistle to Macedonius , proueth by the ensample of Christ , that not onely secular magistrate may giue pardon to offenders , but also that clergie men may require the same at their hands : Aug. epist. 54. ad Macedon . Ioan. 8. v. 11. our Lord saith he , made sute that the woman taken in adultery , should not be stoned , and by that fact commended to vs the office of intercession : yea , Saint Austen was greatly offended with the Magistrates of Africa , if at anie time they denied his request therein : the difference is onely in this , that we must do that by prayer , which he did by terrourr for he was the Lord , & we are his seruants : this and many other reasons S. Austen vseth , which whoso listeth may reade at large , in that lerned epistle which he wrote to Macedonius . Hereunto agreeth S. Paules intercession vnto Philemon , Paulus ad Philemonem . for Onesimus his seruant .

The seuenth reason out of S. Ioseph his holy fact .

The blessed virgin Marie , The seuenth reason . was found to be with childe b●t the holy ghost , before Ioseph & she came together : wherefore Ioseph bicause he was a iust man & would not put hir to ope● shame , Matth. 1. v. 19. was minded to put her away priuily : thus recordeth 〈◊〉 holy scripture . Out of the which words I note first , that Ioseph knew the holy virgin to be with childe . I note secondly , that he knew himselfe not to be the father of the childe . I note thirdly , that Ioseph knewe no other , but that Mary his wife was an adultresse . I note fourthly , that he thought to haue put her away secretly , so to keepe her from shame and punishment . I note fiftly , that Ioseph was euen then iust , when he sought to keepe her from shame , although in his iudgement she deserued death by the law .

The first obiection .

No inferiour , hath power to alter the law of his superiour , and therefore man can not pardon or tollerate malefactours , whom God appointeth to be punished .

The answere .

I say first , that precepts deliuered to vs in holy writ , are of two sorts some affirmatiue , othersome negatiue : the negatiue binde vs at al times , euerie houre , and in euerie place , but the affirmatiue , though they be euer apt to binde , Precepta sunt duplicis generis . yet doe they not actually kinde vs , saue then onely , when the due circumstances of time , place , and persons do occurre : hereupon it comes , that it is neuer lawfull to steale , neuer lawfull to commit adulterie , neither lawfull to beare false witnesse , neither at any time nor in any place : the reason hereof is this , because these be precepts negatiue . This notwithstanding , it is sometime lawful to omit the precepts affirmatiue : for example sake , it is lawful sometime to smite him that smiteth vs , and yet it is Gods commandement , Matth. 5. v. 39. 40 , 41 , 42. that whose shal smite thee on the right cheeke , to him thou turne the other also . Againe , it is Gods commandement to giue him thy cloake , that wil sue thee at the law , & take away thy coat , and yet maiest thou at sundry times for sundrie respects , denie him both thy coate and thy cloake : thirdly , it is Gods commaundement to goe with him miles twaine , that wil compel thee to go one , and yet maiest thou sundrie times denie , to go with him either more or lesse : fourthly , it is Gods commaundement neuer to turne away from him , that would borrow money or other goods of thee ; & yet maiest thou sundrie times for good respects deny to lend thy mony or other things : fiftly it is Gods commandement not to aske thy goods againe , of him that taketh them away from thee ; and ●et doth euerie man know , Luc. 6. v. 30. that we may sundrie times not only aske our goods again , which are vniustly taken from vs , but euen with sute of law , seek to recouer the same : sixtly , it is Gods commandement to confesse our faith openly , as a thing most necessary to saluation : Rom. 10. v. 10. and yet we are not bound to confesse our faith openly and vocally , at al times and in euerie place , but where and when the glorie of God , or the vtilitie of our neighbour , shal so require : for example sake , then we are bound to confesse our faith vocally , The like may be saide of praying alwaies . when by our silence and taciturnity they that demand vs of our faith , would either beleeue that we had no faith , Luc. 18. 1. or that our faith were not the true faith , or otherr would thereby be altered from the faith , and so forsake the euerliuing God . Al which and other the like , haue this only ground and foundation , to wit , that they bee precepts affirmatiue , which neither binde vs at all times nor in all places . For precepts affirmatiue to vse schoole tearmes : Modus loquendi scholarum . obligant semper , sed non ad semper .

I say secondly , that the ciuil magistrate , had authoritie , to mitigate many punishments ordained for malefactors , euen in the time of the old testament : for though he were appointed to punish them that vsed false weights and measures , Deut. 25. 13 , 14 , 2 , 3. yet was the punishment to be determined , euen at his owne discretion . Againe , when the wicked was worthie to be beaten , the iudge might designe him to haue many or few stripes , according to the qualitie or quantitie of his trespasse : Leuit. 25. 53. thirdly , he that solde himselfe to another man , might iustly be afflicted , but yet how and in what measure that shuld be done , was to be determined by the ciuill magistrate .

Thirdly , that by the law of the new Testament , the Prince is only ●harged in general termes , to punish malefactors , for the com●●n good of his faithful people , in regard wherof , he may lawfully cease from punishing them , when the common intended good of his subiects , cannot or will not insue thereupon .

The second obiection .

Achab was punished with death , ● . Reg 20. because he granted pardon to Benhadad king of Ara●● . 1. Sam. 28. King Saul was deposed from his kingdome , 1. Sam. 15. because he spotted Agag king of the Amalekites .

The answere .

I say first , that Achab was precisely designed , to do executi●●● 〈◊〉 vpm Benhadad , Vbi supra . and so was also Saul appointed in precise termes , to put to death king Agag . Secondly , that in the new testament Princes haue no such speciall commandement , but are only charged in generall to punish malefactors . Thirdly , that affirmatiue precepts bind not in euerie season , but when the due circumstances , of time , place , persons , and the good of the common weale shal so require , as is alreadie proued : for otherwise , In epist. ad Philemonem . I see not how S. Paul can be excused , who made earnest sute to Philemon , not to punish his seruant Onesimus , who vniustly had departed from him : and the like may be said of S. Austen , who so often made intercession to the princes of Affrica , to pardon the Donatists , and Circumcellions , who did not onely disturbe religion , but also spoiled the christians of their lawful goods : yea , it was the vsual custome of the Iewes , as the Gospel beareth record , to set some one prisoner at libertie euerie Easter ; which custome I find not reprooued , in anie place of holy Writ : yea , the sinne is vsually practiced , in euery Christian Parliament . I say fourthly , that it is so cleare by S. Paul , that malefactors may sometime be pardoned , as it is without al crime and reason , to denie the same : for what can be 〈◊〉 offence , then such fornication as is not once named among the Gentiles , to wit ; that one should haue his fathers wife . 1 Cor. 5. v. 1. And yet when the partie that did this horrible fact , seemed to giue signes of true remorse , then S. Paul himselfe both pardoned him , 2. Cor. 2. 8 , 9 , 10. & willed the Corinthians to do the same . So did the fathers of the Elebertine councill , Conc. Eleb . can. 20. pardon the vsurers of the Last al sort , who promised to surcease from vsurie , and to deale no longer therewith , which counsel was holden aboue 1200. yeares ago .

The replie .

Saint Paul did not pardon the crime of fornication , but did speedely excommunicate the incestuous person for the same , whose pardon was nothing else , but a relaxation of that seuere correction , which hee had imposed vpon him , for his deformed fact .

The answere .

I say first , that the ciuill magistrates among the Corinthins , ought to haue put to death the incestuous person , vnlesse we grant indeede , that Princes may sometime pardon malefactors .

I say secondly , that if Princes might not in some respects at some times , pardon malefactors without offence , S. Paul who knew gods minde better then any this day liuing vpon the face of the earth , would neuer haue requested the Corinthians so to do , but would haue charged them to cut off , and to haue taken such a fellow out of the way .

I say thirdly , that as S. Paul first excommunicated the person afterwards he receiued to mercie , euen so do Princes first punish malefactors by imprisonment , attaignment , &c. whom aftherward they pardon .

I say fourthly , that S. Peter smot Aananias and Saphira , his wife with sodain death , for their hypocrisie & deceitful dealing , and yet did S. Paul pardon the incestuous Corinthian , Whereby we haue to vnderstand , that Princes may pardon malefactors , when it seemes expedient for the common weale I therefore now conclude , that ( in my iudgement ) they want due consideration , who denie that Princes may pardon malefactors , and I heartily wish and earnestly pray , that al such as do not or wil not condescend thereunto , A verie reasonable request . would take the paines soundly and directly to solue such reasons and authorities , as I haue made in that behalfe . Which , ( if anie such can be yeelded ) I shall no sooner vnderstand , then I wil willingly with heartie thanks , subscribe vnto the same .

The ninth question .

Some politike persons wil lend their mony as they say grati● and without any gaine for the loane , yet the borrowers must this do , or else they can haue no mony at all : that is forsayth , they must make a lease of a peece of ground , worth 20. or 30. pounds by the yeere , which lease must be to the vse of the creditour , for paying twelue pence or two shillings or such a trifle yeerely , so long as the lent mony is in their hands . Now would I knowe , if this be vsurie or no : it seemeth vsurie 〈◊〉 seme , and to othersome it is thought otherwise , because th● ground indeede , is set ouer for a yeerely rent .

The answere .

I say first , that this is most execrable palliate vsurie , and proue it , because the iust rent of the ground is cut off , for the sole and onely loane of the money .

I say secondly , that if the borrowers woulde make earnest complaint hereof , to the zealous executors of her maiesties lawes , then doubtles would these cruel vsurers , these murderers of their honest needie neighbours , he sharply punished according to their deserts .

I say thirdly , that the like deceitfull dealing , is this daie common to our symonists , Symonie is the ruine of Christs church and bringeth the greatest ruine that can be to the church of God : for blinde bussards and idle lubbards possesse the fat liuings , and worthie learned men in the Vniuersities can get no preferment at al. Now the patrons either prefer such as wil giue them money , or else the vnworthie persons whom they prefer to the liuings , must make them a lease of a great part of the tithes , for a yeerely rent of no value : but I hope our good Byshopes , ( who of late dayes God be thanked , are farre better then they haue beene ) will shortly looke more warily to this matter . My selfe know sundrie in the North parts , who are parsons of fat liuings , and yet so vtterlie vnlearned as they can scarsely reade the English bible . Others I know to be so poore , by comming to their benefices by symonie , as they haue not wherwith to buy them books for their studies : by meanes hereof the people liue in ignorance , poperie is fostered still , the weake are scandalized , and the free passage of Christs gospel is more then a little hindered .

The tenth question .

A certaine man lately deceased , gaue to the chamber of a Cittie in this land , one hundred pounds in money , which sum he gaue with this limitation and condition , to wit , that the said citie should , in consideration therof , giue eight pounds yearely to a preacher for euer . Now would I know , if this bee the sinne of vsurie : for to find a preacher is a worke of charitie .

The answere .

I answer , that this Citie , if it haue lands in fee simple ( as I said before of banks ) out of which it granteth a perpetual rent of eight pounds by the yeare , for the hundred pounds paid in hand , Marke these words well . then it makes a lawful contract and committes no vsury at all : but if the same citie haue no yeerely reuenewes , out of which it paieth the said summe , then is it flat vsurie giuen only for the leane : note what was said before of the portions of infants during their non-age and minoritie : for euil deedes are not therefore good , because good followeth thereupon .

The eleuenth question

Some deuout persons giue at their death , certaine summes of money to towneships , out of which they appoint something to be giuen yeerely , partly for the reliefe of poore folks , and partly for the maintenance of the common highwayes , which gifts haue euer beene reputed the works of pietie , and neuer once deemed to smell of vsurie . I would therefore know , what is to be said therein .

The answere .

I say first , with Christs Apostle , that such donours had indeede a kind of zeale , Rom. 10. v. 10. but not grounded vpon knowledge , a good worke indeede is done , but not by a lawful meane .

I say secondly , that the answere to the question aforegoing , is the flat resolution hereof .

I say thirdly , that it is flat vsurie , because whatsoeuer is allotted to the poore or high wayes , is onely giuen for the loane of the money , if the case be wel marked this cannot be denied .

The twelfth question .

What must the heires , and such as possesse the lands and goods of vsurers do ? and what are they bound vnto ?

The answere .

I say first , that the heires , and such as haue the lands and goods of vsurers by discent or donation , stand bound in solidum and totally , to make restitution for the vsurie , so far forth as the lands and goods will extend .

I say secondly , that others who haue bought lands or goods of vsurers , and pa●ed the iust value thereof for them , are not bound to restitution : yet if either such goods and lands remain in their proper kind , as they were gotten by vsurie , or were bought at an vnder value , then as wel the things that remain in their proper kind , as the ouerplus by which the buyer is inriched , must be restored to him or them that were oppressed with the vsurie : and if he or they cannot be knowne , so much must be giuen to the poore : Matth. 25. v. 40. for in such cases the poore succeede in Christs roome , Psal. 14. v. 1. the 〈…〉

The thirteen 〈…〉

If an 〈◊〉 buy an horse 〈…〉 vsury , and giue or sel the same horse to another man , what is that man bound to do , who hath the horse by free donation , or by way of sale ?

The answere .

I say first , that if the vsurer left not goods sufficient for restitution , then is he that had the horse gratis , bound to restore him to the oppressed partie .

I say secondly , that he that bought the horse bona fide , and gaue the iust price for the same , is not bound so any restitution .

I say thirdly , that the man who bought the horse mala fide , is doubtles bound to restitution . First , because hee concurred to an vnlawfull act . Againe , for that he bought the horse at an vnder value , & so made the partie impotent in way of restitution .

The replie .

By this it seemeth , that they who eate of stolen mutt●●● are bound to restitution , although they know nothing , of the vnlawful taking thereof .

The answere .

I say first , that they onely are not bound to restitution , who eate of stollen mutton , but euen they also who eate of stollen venison .

I say secondly , that they who eate thereof and are priuie to the stealing , are not onely bound to restitution , but withal are guiltie of a greeuous crime .

I say thirdly , that they who eate thereof , bona fide , are indeede free from sinne in respect of that eating , although they remaine bound in way of ciuill satisfaction .

The fourteenth question .

What if a partie damnified , will freely remit the ●estitution of the surplussage vniustly taken ?

The answere

I answere , that so soone as the partie grieued granteth relaxation , the vsurer is by and by freed from all restitution , although he be not free from sinne , by reason of his impenitent heart that will not giue to euerie man his owne .

〈…〉

THus 〈…〉 and painful 〈…〉 paint out fitly in her 〈◊〉 colours , the deformed and impudent ladie Vsurie . First I haue shewed exactly , the essence , nature , and definition of vsurie : secondly the heinous sinne and irksome deformitie of the same : thirdly the difference betweene vsurie , and other lawful contracts of lending : fourthly , the obiect of vsurie , and things in which it is committed : fiftly the seuerall kindes of vsurie , and their proper adiuncts : sixtly , the gaine ceasing , and losse insuing by and through the loane of mony ; seauenthly , that vsury is flat theft , and also that it bindeth to restitution . Eightly , I haue solued sundrie important obiections , made in defence of vsury . Ninthly , I haue proposed certaine difficult questions , with euident and plaine resolutions of the same : by which my labour if thou canst reape any emolument , then see thou be thankfull to God for the 〈◊〉 , the principal workman of euery good worke : to whom with the Sonne and the holy ghost , be all 〈…〉 , and glory now 〈◊〉 euer , Amen .

〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 .