The death of vsury, or, The disgrace of vsurers. Compiled more pithily then hitherto hath beene published in English. Wherein vsury is most lively vnfolded, defined, and confuted by divines, civilians, canonists, statutes, schoole-men, olde and new writers. ; With an explanation of the statutes now in force concerning vsury, very profitable for this present age..

❧ VSVRA .

IT is so called because it doth Constare dere .

The word Vsura is taken in two senses or significations : properly . improperly .

Properly it signifieth the vse of a thing , as Erasmus hath well observed , that the name of Vsurie is taken from vsing , and is to be applyed not onely to this but to all other things : the very Etymologie of the worde sheweth it ; the Latines have these tearmes , Vsura Solis , Vsura Lunae , Vsura Terrae , &c. Hereof M. Bullinger said well , The name of vsurie is not euill , but the abusing of it in applying it to ill trades and actions .

Improperly the name of Vsurie is so taken Causa pro effectu when we take vsurie for the increase and augmentation that arise of it , it is called vsurae of the Latinistes , because there is received a certaine recompence for the vse of the mony , the Graecians call it 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , as it were a certaine thing bred of the principall , the Haebricians call it 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 of biting .

There be three kindes of Vsuries , 1. Foenus naturale . 2. Foenus spirituale . 3. Foenus politicum .

1. Foenus naturale , is that which come and increase by tillage of the ground . This vsurie is lawfull , because it is the ordinance of God in the beginning . Cain is called a tiller of the ground , many of our fore-fathers haue growen rich by this vsurie as Abraham , Lot , and others . It is so necessarie that no common wealth can stand without it ; Menander doeth call the land-iust , because in yeelding fruit it doeth the dutie of a good ground and therefore we were vniust if we shoulde not reape it .

2. Foenus spirituale , whereof be two sortes , 1. Giving of Almes . 2. Imploying of Gods gifts .

Giving of Almes , is generally commended in the Scriptures , and he that giveth is as it were foenerator Domini and shall be well rewarded : for Salomon saith , he that giveth to the poore shall not lacke .

The imploying of the giftes and graces of God doeth yeeld in the ende a spirituall increase , and that is meant by the Talent in Matthew .

3. Foenus politicum , wherof there be also two sorts , Foenus actuale . Foenus mentale .

Foenus actuale , is committed when one doth any act for gaine or increase , wherof there be two kinds Foenus liberale . Foenus ex pacto .

Foenus liberale , is , when he that borroweth , desireth to make some recompence , the same which is received above the principall is Vsurie , and is not to be condemned in two respectes . 1. because it is a duty of thankfulnesse to make amends for a benefit received . Tully could say , Ingratus est qui gratiam bene merenti non reponit : the Scriptures in many places condemne vnthankfulnesse . 2. because it proceedeth of the givers free-will : & volenti non fit iniuria , saith Tho. Aquinas : for what is more free then gift .

Foenus ex pacto , whereof there be two sorts vsura explicata . vsura palliata .

Vsura explicata , is such as it is indeede as when one doeth covenant to take 10. in the hundreth for a yere .

Vsura palliata , is a close and cloked vsurie , as when one lendeth money and shroudeth it vnder some other bargaine .

Foenus mentale is when one lendeth and doth not compact but hopeth for increase or gaine . Sole hope maketh a man an vsurer saith one of the Canonistes ; he that lendeth ( saith Camisius ) vnder the hope of gaine is an Vsurer : S. Augustine vpon one of the Psalmes saith , If thou doest but expect to reciue more then thy owne thou art an Vsurer .

What Vsurie is .

THe civill Lawes in the Code de Vsuris doe call that Vsury which is received above the principall .

Aretius saith , whatsoever is taken above the principall is Vsurie .

Rodulphus saieth whatsoever in lending is taken above the principall is vsurie .

D. Kimhus writing vpon the 18. of Ezek. doth say that vsury is expressed by this addition of the prophet , and receive no increase . This definition may stand so farre forth as it doth not condemne foenus liberale or gratuitum .

In the Decrees cap. vsur. 14 caus . & 3. quaest. that is Vsurie when more is required then was delivered or given .

Melancthon saith , vsurie is a gaine demaunded aboue the principall only for the pleasure or benefit shewed in lending .

Consilium Agathense say , when there is more required then is lent , that is vsurie .

This definition differ from the former , here gaine is required , there but offered or taken . And this definition doth cut off Interest , which Melancthon saith is a debt one owe to another by the law of nature , & it is due by the opinion of Hemingeus two manner of waies : 1. ex damno habito , 2. ex lucro cessante .

Ex damno habito , as when I borrow money for another and enter my bond for it , and take the like of him that receiue the mony . I may lawfully recover that I loose by the meanes of that mony . Bishop Iuel is of this mind also .

Ex lucro cessante , as if a shop-keeper lend mony freely to his neighbour till such a day , having then occasion to vse it at some faire to lay it out in wares , if he breake touch the shop keeper may lawfully take so much as he sustained losse for want of his money to lay out .

Brentius saith , when men require a gaine of the office of lending it is Vsurie . This definition is imperfect : for Hemingeus gives an instance , If I lend a marchant 100. pound vnder these conditions ; if he gaine , I will have the moiety of the gaines : if he loose , if it be not ex culpa larga , I am content to beare halfe the losse : here is gaine required of office but this contract is not offensive .

The Divines of Wittenberge say , when a man require but an halfe penny or a droppe of water for the money he lendeth it is vsurie .

S. Ambrose saith , that a dish of meate , a garment , or whatsoever commeth aboue the principall is vsurie .

From the opinions and iudgements of most writers Actuall vsurie is thus defined .

It is a lending for gaine by compact .

So that there doth concurre necessarily 3. things in this kinde of described vsurie .

There must be a lending . a lending for gaine . a compacting for gaine .

That the truth of this may pregnantly appeare , every severall point must of necessitie be prooved .

1. Vsurie is a lending .

THat Vsurie is in lending it appeareth in the 22. of Exod. If thou lend mony to my people , &c. and in Deut. 23. vnto a stranger thou maist lend vpon vsurie . Bullinger intreating of this argument saith , that vsurie is committed only in lending . Brentius vpon Lev. 25. saith as much . D. Wilson saith , there can be no Vsury where there is no Lending . I had thought to haue alledged that saying in the 6. of Luke , Lend looking for nothing againe : but that M. Bucer and M. Calvin say it is not meant of vsurie at all .

What Lending is .

HEmingeus in his treatise vpon vsury defineth lending thus . Mutatio est contractus , &c. Lending is a contract which transfer the right & dominion of a thing to another without interposito praetio , but with promise to have the same thing delivered in specie . As if I end a man 100. pound for a yere , I do not only yeeld the use but the propertie of it , only to haue that I lend in the same kind without gaine , or if I lend oyle or wine or any thing subiect to lending ( which be such things as consist in Waight , Nomber , and Measure ) I must observe the like course ; yet Hesiodus speaking hereof willeth the borrower to deliver iust measure & amplius siquidem possis that he may finde his neighbour ready to pleasure him againe si alias indigeas , or as Heming . saith , pertinebit ad gratitudinem . The Latines make a difference betweene Mutatio and Accommodatio , when any doth mutuum dare he lookes but for his owne in eadem specie , but when he doth Accommodare he lookes to receive it in individuo , as if he lends his horse to haue the same againe and not an other , or if he lets his house , to haue the same , and none other .

2. Vsurie is a lending for gaine .

THat vsury is a lending for Gaine it appeareth by the prophets repetition : Thou hast taken vsurie & the increase , Ezek. 22.12 . this worde increase , is as much as gaine ? as when a man lendeth 10. pound & take 11. pound : or 20 combs barley and take 22. for a yere , he hath not incrementum ex vsu . S. Ambrose commends him to be a good man that doth lend and take no increase . Nehemiah did lend corne , and mony to his brethren without looking for gaine .

What it is to lend for gaine .

GAbriel Biel saith , that gaine is the increase of mony , or the value of any thing that may be prized and measured for money . Whosoeuer lendeth his money , corne , wine , oyle , and receiue any thing for the vse of it , is an Vsurer . S. Ambrose and Hierome say there are many that will not take money , but certaine other gifts , this is Vsurie : whatsoeuer it be they receiue more then they lend , it is Vsurie , Musc. 579. Most writers condemne him which take money or monies worth for lending . Hemingeus giueth some instances ; one man borrowes a hundreth pounds and offereth vse for it , the lender refuse to take it , but tels him if he will bestow a gowne-cloth of his wife , or the pasturing of a horse , or some of S. Austens workes , or such like , he will let him haue his money , this is Vsurie though it be cloaked .

3. Vsurie is a lending for gaine by Compact .

THat there is a compacting for Gayne , it appeareth Exod. 22. the Lord saith , Non impone vsuram , &c. thou shalt not impose vsurie vpon thy brother , by which appeare to be a kinde of compact . M. Beza tearmes him to be foenerator pacti , which take or exact any thing by lending , hereof the Statute made in anno 11. Henr. 7. chap. 8. did forbid vsurie of contract or couenant .

What it is to Compact .

THe Civilians tearme that a Compact , when as two men or moe , doe conferre and consent together of a matter .

The Lawyers say there are two kinde of Compacts : Pactum tacitum . Pactum expressum .

Pactum tacitum is this , when as consent or agreement is intended ; an instance hereof appeares in Numb. 30. as when the parents of two children doe debate of a mariage betweene their children , the children stand by and heare all , but say nothing , by silence in the children intenditur consensus . Silence is many times to be taken as an answer betweene the Vsurer and the borower : as for example , if a man comes to an Vsurer to borrowe money , and tels him he will allow him after ten in the 100. although the vsurer saith nothing , this is a kinde of compact : or if one comes to borrowe money , and the vsurer saith he will take after ten in the 100 , albeit the borrower saith nothing , but takes the money , it is a kinde of Compact : and it is so vsuall , that M. Bucer saith , he is counted an impudent man that doth not offer vsurie .

Pactum expressum is either Nudum . Vestitum .

Nudum , the bare compact is , when one comes to borrowe money , the vsurer asketh him if he will giue vse for it , the borrower saith he will , this is so called , because the vsurer depends vpon the borrower what he will giue .

Vestitum , the certen or shrouded compact , is either in Verbis . Scriptis .

In verbis , when the borrower passeth his promise for the payment of vse .

In scriptis , when the vsurer takes specialty for the vse of his money .

How farre Vsurie extendeth .

VSurie is not onely cloked , but also committed as well in many other things as in money , and therefore the Lorde doth not onely condemne vsurie of money , but also vsurie of meate , vsurie of any thing is put to vsurie , Deut. 23.19 .

S. Hierome saith , some suppose there is no vsurie but in money . This did the holy Scriptures foresee , which take away increase in all other things . M. Bullinger saith , that vsurie is committed in the vse of cattell , house and ground .

Hemingeus saith , that vsurie is committed in lending of all things , and doth hide it selfe vnder diuers kind of contracts , as buying , selling , lending , letting , exchanging , giuing to paune , &c.

By the opinion of the Schoolemen , vsurie is taken so largely that it comprehendeth buying and selling .

M. Calvin saith , Multi contractus ab hominibus vafris excogitati sunt , quibus inopes expilarent , sine ignominia vel dedecore , atque hodie nulla crudelior estir apacitas quàm vbi ab sque mentione foenoris vectigal debitoribns imponitur . Calvin . in Harmo .

So that this generally toucheth Merchants , Shop-keepers , Corne-mongers , and all others that haue any trading and traffique in the common-weale . Yet we must take heede that we doe not condemne all profitable and lawfull contracts , as Hemingeus saith , praetextu vsurae propter similitudinem : for that in no wise is iust ; no contract is to be condemned qui charitati proximi non aduersatur .

Sithence vsurie is committed in so many things , it weare necessarie to knowe some of the greatest vsuries that the worse might haue his appearance .

Which is the greatest Vsurie .

IF our Vsurie in money were all one with that of the Iewes , the question were soone answered : for they tooke after 60.70.80 . in the 100. It appeares in Graftons Chronicle that about the yeere of our Lord 1264. and in the 47. yeere of the raigne of Henry the 3. King of England , fiue hundreth Iewes were slaine by the Citizens of London , because one Iewe would haue forced a Christian man to pay more then two pence for the vsurie of twentie shillings the weeke : as for our vsurie in money after the rate of 10. in the 100. it comes not to an halfe-penny a weeke for twentie shillings : and therefore I take it to be the least vsurie that is vsed this day in the land .

1. Wares and Marchandize .

HE that puts forth money dare not exceede the rate of 10. in the 100. but he that vttereth ware doth make his rate to his owne contentment . In money they rest vpon the conscience of the borrower what he will bestow ( for our laws allow nothing for vse : ) In ware they vse their owne discretions in taking what they can get .

In money there may not be taken after 10. in the hundred , but within the time without trebble losse in ware they care not what they gaine , nor howe soone they make sale , so they may take money .

In money , the allowance is seene and knowne to others after 10. in the 100. In wares , the gaynes that are got be secret and concealed to them selues . One will not let to boast he hath saued aboue 30. in the 100. when the other durst not say he hath taken aboue 10. in the 100. for money .

It is ordinarie with occupyers to proportion the price of their wares according to the time of payment as well as vsurers .

Many occupyers will often vse these shifts whereof they haue no vse in money .

They will mixe their wares if they be ill with better , if good with worse , and so by chopping both away togither deceiue the buyer .

They will giue bad measure , and vse false waights , whereof the Prophet Micah complaineth , Are yet the treasures of wickednes in the house of the wicked and the scant measure that is abhominable , shall I iustifie the wicked ballances and the bagge of deceitfull waights , Micah 6.10 , 11.

To set a fayre glosse for gayne of their counterfeit ware , they will vse Lying and Swearing , they are so carried with the sauour of gayne , that they make no conscience of a lye , but as the Prophet saith , They haue taught their mouthes to lye . Ier. 9.5 . and that they may be the better beleeued when they lye , they will vse swearing ; for custome hath made it so common that they thinke periurie no impietie but worldly pollicie , and therfore it is true the same Prophet saith , As a cage is full of birds , so are there houses full of deceit , thereby they are become great and waxen rich , Ier. 5.27 .

2. Corne or Grayne .

HE that puts out an 100. pound for a yeere , may not take aboue 10. pound for the lone , albeit the borrower may peraduenture gayne aboue 30. or 40. pound with the money , but he that laieth out 100. pound in Corne doth sometime gaine aboue 50. yea sometime 100. in the 100. for not long since the price of Corne so increased , that necessitie willed many rather to pay the penaltie of their bonds , then to make deliuerie of their bargains ; hereupon some vnreasonable Corn-mongers , Malstars , and such like were grieued because they tooke no bils , as discontent of double gaines by their bonds .

It is a common practise in this countrey , if a poore man come to borrow money of a Malster , he wil not lend any , but tels him if he will sell some barley he will giue him after the order of fore-hand buyers , the man beeing driuen to distresse , sels his corne farre vnder foote , that when it comes to be deliuered he looseth halfe in halfe , oftentimes double the value .

I haue heard many of these fore-hand sellers say , that they had rather allowe after 20. pound in the 100. for money , then to sell these fore-hand bargaines of corne .

These are most extreame Vsuries , and they haue no colour to excuse it , but a reason of Gabriell Byel : for that the price of Corne is casuall in rising and falling : this is soone answered , howsoeuer it may seeme casuall at the buying , the commoditie being deliuered , it is certen at the receipt , and therefore this can be no excuse to warrant excessiue gayne .

Malsters and Cornemongers may vse more deceit then Mony-masters .

IF money be not put forth there come no increase by keeping of it , that appeares in the idle seruant by the Talent , but they cannot be content to make present sale of their corne for a reasonable price , but many doe hoard and keepe their corne of purpose to inhaunce the price , and so oppresse the poore , as the Prophet ( speaking in their person ) saith , That we may buy the poore for siluer , and the needie for shoes , Amos 8.8 . and by keeping of it they doe not onely raise the price , but impaire the corne , making it vnsauorie at the sale : therefore in the same place it followes , Yea and sell the refuse of wheate .

In money they cannot be deceiued of their iust some , if they haue their sight , but in Corne they will abridge the measure many waies by deceit , when one least suspects , or can best see , which the Prophet well perceiued : for he saith that they make the Ephah small , and the shekell great , and falsifie the waights by deceit , Amos 8.5 .

In money they may not exceede the rate of 10. in the 100. In corne they gaine by buying , and by giuing day in the sale to others they will gayne by the time .

Aristotle saith well , foenus est quasi foetus : for I take this to be one of the most extreame Vsuries in the land . Therefore M. Calvin saith , Vsura nihilo deterior erit quam emptio . in 8. praec. 375.

3. Lands and Tenements .

THere are some that hire house and lande after 20. pound the yeare , and are good gayners by it , and yet they let the same to others and make after 60. pound the yeare , this case is too common .

I haue knowne others that haue laid out some 800. pound in purchase , and in lesse space then a yeere haue sold the same again for 1100. to another and readie payment .

I note these but by the way , but indeede if we would knowe the reason why Corne , Cattell , and such other commodities are so deare at this day , more then in other times before passed , we shall finde this to be the cause ; the racking and vnreasonable rents of house and lande : for it is nowe come to this passe , that Farmars can not afford their commodities at indifferent prizes , for if they should , their extreame rents would inforce them to runne away .

The Rents of house and land are almost come to the rates of money , which is very vnreasonable if but in this respect , because Landes are immooueable and certen , but money is subiect to many casualties and aduentures , as shall appeare vpon the handling hereafter of the Statute 13. Elizabeth .

To speake generally of all kinds of vsurie were too tedious , but these may giue a light to the rest , notwithstanding this is to be noted as an vniuersall obseruation , that he which hath but 100. pound , and puts it forth , shall hardly maintaine his family with the lone of 10. pound , & yet many an one maintaineth him selfe and his charge with lesse then 40. pound by imploying the same in trading and traffique in other things .

If the Lord will not permit any Vsury in money , much lesse will he suffer others in their severall callings to exact vnresonable gaine : for he doth not onely forbid one but the other . Deut. 23.

How and in what sort Vsurie is condemned by the word of God .

THere be many places of proofe for this purpose , some whereof follow . Exodus . 22. Levitic. 25. Deuter. 23. and Psalm . 15. Prov. 28. Ezek. 18. & 22. Some adde these Psal. 55. Psal. 72

The whole Law is divided into three parts Morall . Iudiciall . Ceremoniall .

It is much disputable among writers which of these three should apprehend Vsurie ; it were in vaine here to expresse their variable opinions : but I will briefly deliver the iudgements of the learneder sort .

The matter of vsurie is Politicall or Iudiciall .

So say M. Calvin in Octav. praeceptum . 375. Harmon . in Exod. Levit. &c. Philip. Melancthon in Epitom . Philosophiae moralis . Danaeus Aethic . super praecep . octav . and many others .

That we are not tyed to the Iewes Policies or Iudicial lawes ,

Appeares by M Calvin . in Institut. lib. 4. cap. 20. sect. 15.16 . D. Pet. Martyr . sup. 1. lib. Samu. cap. 25. sect. 42. M. Beza . in decima Epistola , and many others .

So that from hence is to be observed , that the approbation , disprobation , tolleration , and moderation of Vsurie , depend vpon the Magistrate . Hereof saieth M. Calvin , The Vsurer must take heede that he exceede not that rate of the Countrey where he liveth . Bullinger saith , The Magistrate must keepe the Vsurer in with good lawes . Labother is of that opinion . Zwinglius de dupl. Iustic . saith , I thinke of Vsurie thus , when the lawes of a Magistrate doe permit it , it may be vsed , but if the Magistrate forbid it , it must of all sortes be obeyed . Hemingeus is of that mind .

Lawes made aginst Vsurie .

THe Emperour Leo did make a Law against vsurie that whatsoever any man did take , shoulde be received into the principall . Hermenopol . lib. 3. tit. 7.

Pope Martin in the counsell he called did forbid Vsury , and centesimam vsuram , and that gaine which was got by any filthy trade . Ex concil . Ma. Papa .

Pope Leo did likewise forbid the same as sorry any Christian man should be an vsurer .

In the Synod of Nicen , wherein were assembled three hundred and eighteene fathers , in a Canon they made did condemne all vsurie . in Decret. 47.

There were many decrees to forbid vsurie in the Clargie .

If he did put out money to vsurie he should be none of the Clargie . 33. d. Martis d. 46. seditio .

If he tooke 12. in the 100. more or lesse he should be degraded and made irreguler . Concil. Nicen. 18.

There were Canons made for the Laiety , being an vsurer he was suspended from the Communion . excommunicated out of the church . not capable to make a will of his goods . not to be admitted to Christian buriall .

Yea , the Canon Lawe saith , No man need to care what become of an vsurer .

Lawes made to moderate Vsurie .

SOlon made a law among the Athenians and he did allowe de centum aureis singulis mensibus aureus vnus . Heming .

The Romane Emperour Iustinius ordeined a law in his time for the tollerating of 4.6.8.12 . in the 100. according to the degrees of men . Heming .

Tully maketh mention in his time of another Lawe , how at the first there was graunted 1. in the 100. afterward 4. in the 100.

The Civill lawes in the Code de vsuris doe permit the hundred and halfe hundred part .

By the law of Pandect and Constantine , Vsury is tollerated in some sort .

Statutes and Lawes made by Kings and Governours within this land concerning Vsurie .

IN and before the Raine of King Henry 3. the Lawes for Vsury did consist in the holy Canons of the Church and were punishable by them . I read of Iustinius the Emperour how in his Constitution he did ordaine that the holy Canons of the Church should haue power and authoritie against the Lawes of Vsury .

These Lawes being so straight and generall , the saide King Henry in the 20. yeere of his raigne cap. 5. did make this proviso for the benefit of Orphans only .

IT is provided and granted by the King that from henceforth vsuries shall not turne against any being within age from the time of the death of his Auncestour ( whose heire he is ) vnto his lawfull age . So neverthelesse that the payment of the principall debt with the vsurie that was before the death of his auncestour ( whose heire he is ) shall not remaine .

Musculus saith , that our predecessours vsed the order of pupils and orphans before the pestilent plague of Vsurie had prophaned and defiled the Church , and were contented to permit that in them , and in none else .

It appeareth by this braunch that all Vsury is condemned save in orphans .

14. Edward . 3. Chap. 5.

KIng Edward made this Lawe . The King and his heires shall have the Conusance of Vsurers dead , and the ordinaries of holy Church shall have the Conusance of vsurers on liefe as to them appertaineth to make compulsion by the Censures of the holy Church for the sinne to make restitution of the vsuries taken against the lawes of holy Church .

This is the first law at large that I can finde for Vsurie in the Statutes since Magnacarta , wherein all vsury is generally condemned .

3. Henry . 7. Chap. 5.6 .

THis King made a strict law , especially for these damnable bargaines of vsury coloured by the name of new chenisance , such as dealt corruptly in it were to pay an hundred pound . Also if any man did lend 100. pound and tooke 120. more or lesse in money or marchandise &c. was to loose his principall . Here hee condemned all vsurie , but in the 11. yeere of his raigne chap. 8. he repealed the former act and inacted an other to this effect .

All maner of person or persons lending monie to and for a time , taking for the same lone , any thing more besides or above the money lent by way of contract or covenant at the time of the same lone ( saving lawfull penalties for default of paiment ) was to forfeit the moiety or one halfe of the principall there be other branches therein concerning corruption by way of chenisance , &c.

I observe from this how no vsurie is condemned but that which is imposed vpon the borrower by way of contract or covenant at the time of the lending , if there were no contracting for gaine there was no breach of the Lawe , so that the borrower was not barred by this , but that he might gratifie the lender at his owne election .

37. Henry . 8. Chap. 9.

KIng Henry repealed all the Lawes and statutes made concerning vsurie before , and doeth enact , that if any man take above 10. in the 100. for a yere or more or lesse money after that rate , he should loose treble the value of the summe lent , it is so likewise in chenisance and wares , divers other clauses and branches be therein .

This Statute is intituled an act against vsurie , it doth not perswade any to take Vsury , but restraine him to certaine orders , the husbandman suffereth many weedes to grow in his ground he likes not , so this law doth tolerate that it allowes not , it remits men of punishment that take but 10. in the 100. but it doeth not warrant them to take any at all . Therefore M. Beza well noted , that the civill lawes of Princes by reason of the impiety of the people are often times tollerated when they cannot be taken away .

5. & 6. Edward . 6.

KIng Edward repealed the former act of King Henry 8. and forbiddeth generally all vsurie . He that tooke any should not onely loose the principall with the vse , but also be punished with imprisonment and make fine and ransome at the Kings pleasure .

The common saying is , some will take an ell where is given an inch : that liberty which that man of famous memory , King Henry 8. gave was abused , therefore his sonne to avoid an inconvenience did cut off the occasion : but as water being pent doth strive more vpward , so the vsurer being restrained he waxed worse , and therefore this Statute of King Edward continued not long .

Of all these Statutes before mentioned none remaine in force , but some of the braunches of the Statute of K. Henry 8. now I think it very necessary to handle more copiously some of those particular and speciall clauses which be included in the last act against vsurie as a matter very expedient to be published , that many which knowe not how farre it extende may thereby avoid many extremities .

13. Elizabeth Reg. Chap. 8.

OVr gratious Queene Elizabeth repealed the former act of her brother K. Edw. 6. and doth revive the Statute of K. Henry 8. in this sort , that ( whereas it is the honour of English lawes to be favourable ) the acte of K. Henry should be most largely and strongly construed to the repressing of vsury and punishing offenders therein .

In the rest of that Statute which is now in most force there be 4. clauses or braunches most specially and necessarily to be noted and explaned .

1. Braunch . All bondes and contractes &c. for money or other things whereupon shall be reserved or taken above 10. in the 100 , shall be void , &c.

This is a dangerous clause in two respects , & may happen to a man 1. by his owne fault . 2. by the negligence of others .

If a man for gripplenesse will reserve more then 10. in the 100. although he never takes it his principall is lost . And this I deeme his owne fault .

If the writer deceiue a man in the making or dating of a bond , without the lenders privitie , his mony is lost although he had no such meaning . And this may happen to many a simple man through the negligence of others .

2. Braunch . He that takes above 10. in the 100. for mony , wares , &c. shall forfeit thrise as much , besides imprisonment , fine , and Ecclesiasticall correction .

There is difference betweene reserving and taking Vsurie , he that reserues it , neede not take it vnlesse he will , but if he take it , he is sure of that he reserued : it is a lesser sinne to promise , then performe ill , and a lesse hurt to reserue , then to take Vsurie : therfore this clause is more straight then the former . A man may hazard himselfe and his goods herein many waies .

1. If a man takes aboue 10. pound in the 100. directly , he is conuicted by this branch .

2. If a man takes aboue 10. pound in the 100. indirectly , he is in great daunger .

Indirect taking , is many waies to be taken : but I will note 2. especially .

The taking of money but a day lesse then a yeere , may indanger one , &c.

There was one indebted to an Vsurer in a great some of money , the borrower dwelling farre off , came a day or two before his day of payment , and ( with a friend of his ) requested the Vsurer to take his money , saying that he came farre , and was at charges , and therefore would gladly giue him his whole allowance ; after many intreaties the Vsurer tooke his money , but the borrower procured him a trebble mischiefe afterward .

He that takes but 10. pound in the 100. in money , and the borower bestows some other gift of him , I cannot see how safely the Vsurer may take it without offence to the Law , if the borrower be not the better man . I heard it credibly reported of one that lent 200. pound to two men for a yere ; the day being expired , and they vnprouided to pay the money , brought not onely the consideration , but to perswade the lender to let them haue the money an other yeare , they would needs inforce vpon him as a free gift a gown-cloath which he refused , neuerthelesse vsing apt perswasions , that they had gained greatly by the mony , at length by their importunitie , he tooke it , but how he was vsed afterward by the meanes of these men which gaue the gift , it were too odious to open . It were pitie that the othe of a borrower should be any way beneficiall to himselfe about the thing he borrowes , there are many will not sticke to bestow an othe if their creditours doe but crosse them , or call for their owne .

3. One mistaken worde of a writer , or false othe of a borrower , may hazard a man herein .

3. Braunch . He that takes aboue 10. in the 100. for money or wares , shall forfeit so much as shall be reserued by way of vsurie , &c.

THis branch is more fauourable then the former for two causes .

1. Because the Vsurer shall be punished but with the losse of that he receiue without perill of the principall .

2. Because he shall haue no temporall or ecclesiasticall correction , though he loose that which he taketh aboue the principall , so it be but , or vnder 10. in the 100.

When K. Henry 8. did tollerate 10. pound in the 100. many abused that libertie vnder the colour of the Law , and when K. Edward 6. had vtterly taken away all vsurie , this inconvenience came , fewe or none would lend because they might haue no allowance , whereupon her Maiestie to auoyde this euill , made this remissiue clause .

This Braunch doth allowe no Vsurie at all , but doth leaue it after a sort to the curtesie and conscience of the borrower : for as the Lawe doth conuict no man without proofe , or take knowledge of this offence without information , so it is to be presumed , that none can so fitly be an approouer as he that findeth himselfe grieued , which of necessitie must be the borrower because he payeth the vsurie .

The borrower hath this libertie by this branch for his owne benefit .

1. If hee promise vsurie , he neede not to pay it vnlesse he will . 2. If he pay vsurie , he may recouer it againe if he be grieued . 3. If he be willing to pay vsurie , he is at his owne choice to complaine .

Most of these common , or rather cunning Vsurers , are come to this passe , because the law alloweth no vsurie , they will put in no vse in their bonds , but leaue it to the courtesie of the borrower , if he giueth vse they will take it , if none , they will note him another time when he standes in neede , and for this cause , because they are doubtfull of mens dealings , they will not put forth their money aboue 3. moneths , that the borower can hardly make any profitable returne of it in so short time .

4. Braunch . This Statute doth not extend nor shal be expounded to extend vnto any allowances or payments for the finding of Orphanes according to the auncient rates or customes of London , &c.

IT is a godly act , that those should be prouided for that cannot prouide for themselues ; the Scripture willeth that the fatherlesse should be prouided for . K. Hen. 3. K. Hen. 8. and our gratious Queene Elizabeth , haue for good causes graunted and continued this allowance : their allowance is 5. in the 100. which Hemingeus prooues to be lawfull , because it doth not fall into the contract of Vsurie : his reason is this , Nam nec tutores de alieno obligantur mutuare , nec qui mutuum accipiunt , vbi nulla , nec diuina , nec naturalis praecessit obligatio seu debitum , iustè gratitudinem pro accepto beneficio recusare possunt .

There is great reason why allowance may be graunted to orphanes , and not to men .

Men haue wit and discretion to imploy their money in many things , though they lend not vpon Vsurie . With their money they may buy house and land , and saue by a reasonable rent , or wares , and make a reasonable gaine , or come or cattell , or other commodities , and reape a reasonable commoditie .

The orphan as he is yong in yeares , so he is in discretion , and wants that fore-sight in trading & traffique in the world , which experience of more yeares may bring at mans estate .

But it may be obiected , that the orphans money may be imploied by an other , some other way then by allowance , so it may be alledged , vnlesse the tutor or gouernour be an honest man , it will neuer be improoued , but he may impaire it vnder colour of many losses without iust cause , and so defeate the pore orphan of his portion , therefore very conuenient is this proviso ; for whatsoeuer gayne is got by the orphans money by others , yet the orphan shall be sure to haue some allowance towards his education during his noneage , and his stocke to be safe at mans estate for his maintenance .

I haue dilated this whole Statute for two causes : 1. The knowledge of the ignorant . 2. The benefit of the Vsurer .

There be many simple men which hauing no insight into this Statute , are not ashamed to say that it alloweth 10. in the 100. which indeede is a meere scandall and slaunder : for it inflicteth a kinde of punishment , by the losse of the least Vsurie that is taken : therefore such as be ignorant of this Statute may now know it .

The Vsurer may see by this Statute , how many aduentures he is subiect to by lending his money to Vsurie ; although he doth not quoad eventum like the husbandman that soweth his seede , or the merchant that crosse the seas , aduenture : yet for all he doth quoad media vse all the best meanes to saue his owne , he may be intercepted , and therefore he may learne to imploy his money otherwise to his benefit as well as others , and albeit his gaynes be greater many waies therein then after 10. in the 100. it wil be lesse noted , and himselfe better esteemed .

The chiefe ende I aymed at in the distribution of this Statute is , to draw an argument from the same to this effect ,

Those which write and speake most for Vsurie , say it depends vpon the positiue Law of the land .

But the positiue Law of our land admits no Vsurie , but allowance for orphans .

Therefore no Vsurie may be taken of any but allowance for orphans .

Whether Vsurie may be taken of Rich-men .

MAny are of the opinion that Vsurie may be taken of the Rich without offence to the word of God , by permission of the Magistrate .

M. Calvin writing vpon that place in the 22. of Exod. If thou lend money to my people , that is , to the porre with thee , thou shalt not be as an Vsurer to him , maketh this exposition : Non nisi de pauperibus haberi sermonem , ideoque si cum diuitibus negotium sit , liberum ius foenerandi permitti : his reason is this , Quia legislator rem vnam notando , alter am de qua subticet , videtur non damnari , he saith by all necessarie consequence , the expresse and speciall prohibition of the poore by name , doth giue an intended and intellectual permission to others : insomuch as he flatly affirmeth in another place vsuras quaslibet absque exceptione damnare nulla patitur ratio . octa . prae . 375.

M. Bucer giues many instances to this effect , which for brevitie I will omit .

Hemingeus approoues this kinde of vsurie euen from the very lawe of lending : for he saith , Indigentibus solis gratuita mutuatio debetur : & non auaritiae insatiabili servire debet .

Euery contract which in his kind or by circumstances ought to be free , if there be a compact to receiue any thing besides the principall est Vsurarius contractus , & properly this is called Vsurie . Gersonis regula . From hence Hemingeus saith , non esse vsurarium contractum , which by circumstances ought to be free . The free contract of lending concernes the poore , but if the Rich borrow , he saith , dico Vsuram hic propriè non committi propterea quod beneficium istud fuit liberum ad quod nec diuino nec natur ali iure eras obligatus : and in another place he saith , Quid enim peccat qui pro beneficio expectat gratitudinem , and affirmeth that it is naturall equitie , that for a good turne quod non iure debemus another be done , that there may be equalitie .

That the libertie may appeare to be lawfull for vsurie of the Rich , you shall heare the learned opinions of some vpon the 15. Psalme . Lord , who shall dwell in thy Tabernacle ? He that hath not giuen forth vpon Vsurie .

M. Calvin saith , that the name of Neseck which Dauid vseth , beeing deriued of byting , declareth sufficiently that vsurers are condemned so farre forth as they draw with them a libertie to pill and poll . In another place he saith , Si obijciant foeneratores à Davide & Ezech. in totum damnari , sententias illas ad normam charitatis exigi debere arbitror : ideoque non damnari nisi improbas exactiones , quibus creditor , posthabita aequitate , debitorem suum oner at , ac premit .

D. AEpinus writing vpon the 15. Psal. doth name 3. kindes of men , Mendicantium , Indigentium , & eorum qui sunt Locupletes , and after he hath learnedly and largely handled the matter , he concludes thus , in tertio or dine non committi vsuram .

Hemingeus vpon the 15. Psal. saith , that it is manifest that the Psalmist doth there speake of biting vsurie , because he doth vse this word Neseck . quod à mor su nomen habet : further he saith , that in this Psalme is forbidden but that vsurie quae ante in Mose fuit interdicta , and this is his reason , Prophetae enim nullam nouam doctrinam afferunt sed tantum Mosis sunt Interpretes . fol. 958.

S. Augustin hath a sensible saying , where things are more plainly vttered in the Scripture , there must we learne how they are to be vnderstoode in obscure and darke places . August . lib. 83. quaest. from hence some frame a reason thus ;

If all parts of the Scripture expound one an other ( as they doe by the opinion of Chrysostome 2. Gen. homil. 13. ) then ye must consider , that as all riuers runne they neuer so crooked , haue recourse from the fountaine as the head , so all future places of proofe concerning vsurie , seeme they neuer so obscure , haue reference and doe rely vpon the former , which M. Calvin and Hemingeus haue expounded before to concerne the poore .

These learned men are to be reuerenced for their opinions , because they reconcile themselues after a sort in their owne sayings : for whatsoeuer they approoue in particular & respectiuely for vsurie , they condemne generally by their conclusion .

M. Calvin saith , Praeceptum mutuandi absque foenore , politicum est , and doth no further allow of vsurie then the lawe of the Magistrate permitteth .

Hemingeus prooues some vsurie lawfull , but how ? si servatur aequalit as quam Magistratus statuit .

D. AEpinus though he saith in tertio ordine non committi vsuram , yet he addeth this , modo alioqui ab aequalitate non decedatur , which is to be appointed by the Magistrate .

These men doe no further defend vsurie then they referre their iudgements to the law of the Magistrate , we hauing no law to approoue it , their opinions are satisfied .

Certaine reasons why some rich men ought not to borrow vpon Vsurie .

What should mooue a Rich man to borow mony , hath he not corne to make mony of , yet he perceives that markets are litle worth , and therefore he doth reserve it to that ende the Iewes did at Ierusalem , Amos 8. to make a dearth , and not as Ioseph did in Egypt to relieve the famished .

Another hath great store of cattell , and may sell some of them for money , but it may be , that cattell beare no price , or his grounds be vnderstored .

Many haue divers other things which they may well forbeare and sell in respect of any want which they doe spare and reteine vpon some covetous fore-casts : for they presume they shall loose lesse by allowing after ten in the 100. for money , then by present sale of any of their commodities at those ordinary prices .

Rich-men I confesse may somtime want money and borrow for good and necessary considerations , but most commonly what cause doth constraine most of them to borrow ? alas , it is lamentable to expresse .

One seeth an house and ground of his neighbours that were fit to be laid to his owne , he will vse all the meanes that may be to have it , ( as Ahab did by Naboth hee would needes have his peece of ground to make him a garden , because it was neere his house 1. King . 21.2 . ) if he wants mony to purchase it , he will take it vp at Vsans .

Another hath entred into a great purchase which hath a common appendant to it for the benefite of the poore , which he meanes to aprone to his owne vse ( a thing too common in these daies : ) the Prophet could see this in his time : for he saith , They covet fieldes , and take them by violence : and houses , and take them away , so they oppresse a man and his house . Micah . 2.2 . If he wants money to wade through withall , he will non sticke to visit the vsurer

There be others which be the cormorants of a Common-weale that borrow mony of purpose to buy corne , to hoord it vp to inhaunce the price , to ship it away to make it scarse , vsing all pollicie against Gods providence to make a famine and thereby procure the curses of the poore , Prov. 28.

There be others that borrow mony to consume in prodigall maner , in bravery , banketting , voluptuous living , & such like : they consume that in wast which many poore doth want , the costly apparell on their backs do so stick in the mercers bookes , and the dainty cates for their bellies , doth so soake their purses , and the riotous company they keepe is such a moath to their mony that they are inforced through folly to resort to the vsurer as their best friend , and very glad are they if they may get mony : though they obtaine it by pawning their iewels , plate , or landes .

If any of these or others like these do borrow mony for these or the like purposes . He that doth lend them any doth procure a great mischiefe , or if he hath any foreknowledge of it or suspicion of such a pretence , he is partaker of the sinne and curse whereof the borrower is culpable . Heming . saith , we ought not to lend to such neither by divine , natural , or humane law , which do abuse mony to theirs and others destructions , his reasons followes . Nam qui occasionem damni dedit , damnum dedisse videtur , quamobrem fit reus alieni peccati ac sisiuum proprium onus sibi non satis esset . And it appeareth in the Roman. 1.31 . that not onely the followers but such as were favourers and furtherers of evill were reprooved and punished .

This inconvenience hath growen by reason of lending to the Rich , since they began to borow the law of free-lendidg to the poore hath bin laid aside : for it is now come to this passe that the poore man shall sooner begge then borrow , because the Vsurer thinke all lost that is lent to him , or litle to be got by lending vnto him . He that will lend to the rich to serve his sinister commoditie , when he ought to lend to the poore to satisfie his necessitie , such thrift is a braunch of theft by the opinion of D. P. Martyr vpon the 2. Rom. and all his mony will but turne to his own misery .

The Vsurer is taught generally in the word to lend , most especially to his neighbour in the time of his necessity Syrac . 29. Hemingeus writing vpon this place , saith . Hic aperte sapiens restringit mutuationis debitum ad necessitatis tempus . It is commanded by Moses , Thou shalt lend him sufficient for his neede which he hath . Deut. 15.8 . It is commended by David , The righteous is mercifull and lendeth Psal. 112.5 . It is imitated of the godly ; I my breethren and servants ( saith Nehemiah ) doe lend them money and corne . Nehem. 5.10 .

Sithens we ought especially to lend to the poore , euen from the very nature of the law of lending it selfe , it were very necessary to distinguish the estates of men , that the poore man may be the better knowne , thereby to take away all colour of excuse from the Vsurer .

A description of some such poore men as WE ARE COMMAVNDED TO lend vnto without Vsurie .

THe begger that liveth of Almes , such an one as is blind , lame , or having other defectes of nature , to this man we are precisely inioyned to give & not properly said to lend , vnlesse it be to the Lord. He that hath mercy on the poore , lendeth to the Lord , Prov. 19. for he cannot restore that which he receive . Hereof saith the Preacher , Cast thy bread vpon the waters . Eccl. 11.1 . as a thing lost , this is none of those poore-men properly to whom the scripture willeth any great summe of mony to be lent , but otherwise to be relieved .

These are to be noted Artificers Labourers Husbandmen Young mariedmen in the number of the poore .

Artificers .

THe Artificer which hath nothing but his bare fingers and tooles to get his living respecting his charge is to be deemed a poore man : for as cunning without tooles can do nothing , so tooles without wherewith can not be set on work , and without worke the man shall soone begge , yet having worke he may live in want . To this man we must not only lend without vsurie , but ( if we mistrust him ) we must take such a pledge as he may well spare : it appeareth so in Deuter. 24.10 . Thou shalt not goe into his house to fetch his pledge , but thou shalt stand without , and the man that borrowed it of thee , shall bring the pledge out of the dores to thee . And this standeth with great reason : for if a man should take his tooles to pledge , he shall not save so much by borrowing as he shall loose by his worke for want of his tooles .

Labourers .

THe Labouring-man that hath neither house or home of his owne to hold his head in but liveth onely of his bare & bodily labour is to be accounted a poore man , whose necessitie is such sometime as he must needs borrow , and vpon such a pledge as he cannot well forbeare , as his garment or such like , therefore we must neither take vsurie of him nor deteine his pledge ; for it is written , If it be a poore body thou shalt not sleepe with his pledge , but shalt restore it when the Sunne goe downe that he may sleepe in his raiment . Deut. 24.12 . Exod. 22.26 . and it is an horrible thing to withold it , it is this that make the Prophet cry out against the Rich , They lie downe vpon clothes laide to pledge , Amos 2.8 . & Iob describing the impiety of the wicked saith , They take the pledge of the poore . Iob 24.9 .

Husbandmen .

THe Husband-man that hath but a simple cottage of his owne and keepeth a beast or two upon the common to maintaine his charge , is to be esteemed a poore man , whose estate is such as ministreth occasion to borow ; to whom we ought to lend without vsurie , and yet we must not take his cattell for a pledge : for it is reprooved , You take the widowes Oxe to pledge . Iob. 24.23 . lest in so doing we sooner impoverish then pleasure him : and it is no more tollerable then to take the nether or the vpper milstone to pledge . Deut. 24.6 . for this gage is his living .

Young married men .

THe Young married man that is bare to begin the world and wants wherwith to furnish and follow his trade , is to be esteemed a poore man : the originall of the custome of money-mariages was made as a meane for the benefit of new beginners , to the end they might gather some stocke to set vp withall , ( which offrings are now commonly abused amongst the better sort . ) For this cause many godly men have giuen great summes of mony to remaine as a stock for ever in the cities and townes where they dwelt , that it might be freely lent to benefit such poore beginners , therefore Hemingeus noteth this to be one , to whom we ought to lend without vsurie .

Generally He is to be deemed a poore-man which hath need to borrow and hath nothing that he may conveniently forbeare to make money of . He is a rich-man ( in respect of the other ) that borroweth when he hath somwhat which he might very well spare to make money of .

To take Vsurie of these men or such like whose poverty appeares either in our conscience or acquaintance , it is a most odious act : for not only the word of God but all Writers do especially condemne this . The places of Scripture are before expressed , the opinion of some auncient writers follow .

An crudelior est , saith S. Augustine : Is he more cruell that taketh any thing by force from the rich , then he which doth crucifie the poore with vsurie .

Nihil vsuris turpius . S. Chrysostom saith , there is no vsurie more filthy then that which is taken of the poore .

Vsuras quaerere , saith S. Ierome . To take Vsury of such it is all one to deceive or drawe away by violence .

Sine ferro dimicat . S. Ambrose to that effect saith he doth revenge him selfe without a sword that taketh vsury .

A praemonition for poore men .

AS you are desirous to borrowe when you neede , so you must be carefull to pay when you borrow , although you ought to pay no vsurie at all , yet I cannot finde in all the scriptures but that you ought to pay your debts . The Psalmist saith , The wicked borroweth and payeth not againe . Psal. 37.21 . the poore widow made a conscience to pay her debts that had but a pitcher of oyle , for this cause the Prophet did increase her oile , and willed her first to go sell some of it to pay her debts , & shee and her children to live of the rest . 2. King . 1.2 . there is now no fruition of the 7. yeere of freedome vnlesse the Creditours of their conscience will release their debts .

The opinion of Writers concerning VSVRIE .

S. Barnard calleth vsurie , venenum patrimonij , the poyson of a mans inheritance , he saith in another place , Quid est vsura legalis ? latro praedicens quod intendit scilicet rapere . S. Chrysostome saith , that vsurie in his time was accompted an extreme impudencie . hom. 57.

S. Hierome saith , vsurie is a speciall cry of sedition .

S. Basil vpon the 14. Psalm . saith that vsurie have beene the meanes to bring many an one to the halter , his meaning is by paying vsurie they haue growen poore , and so fall astealing , and at last come to hanging .

Iustinius the Emperour in the civill law saith , that to take vsurie is to rob by order and sufferance of law .

M. Beza saieth , Christian charity forbiddeth a man to put forth mony to vsurie .

Bish. Iuell saith , that vsurie hardeneth the heart : it is the curse of God and the people .

S. Ambrose vpon the 22. of Ezek. saith , See how the Prophet hath coupled Idolatry and Vsurie together that one might counterpoise the other in euill .

Pomerianus saith , that vsurie is the present poyson of the Church and common-wealth .

Musculus saith , graunt vsury and then take away the law of loue : he tearmes it in another place , the fire of Vsurie as a thing that consumes .

Lactantius saith , let a Christian take this course , that in lending he take no vsurie , for that is against the law of lending . lib. 6. cap. 18.

Vnaprincipalis ratio Bartholomei Sepolitani . against vsurie , if a man should pay for that he borrow , he should give increase for his owne , for he that lendeth doth transferre the dominion and the vse together .

Melancthon doeth alledge the like reason , lending to Vsury fighteth with aequalitie : for the rule of aequality saith it is not lawfull to make againe of another mans goods .

Luther complained in his time that Vsurie had overthrowen whole countries .

The auncient Romans for a time abhorred Vsurie as a speciall enormitie , but after they gave entertainment to it , it turned to to their destruction . Hem.

Egypt was overwhelmed with vsury , and so were the Iarmyns .

The Persians abstaine it as a practise of lying and deceit .

The Indians can not abide it , nor the French-men .

The English-men have loathed it as Chronicles record before the Danes and Saxons .

Most countries haue contemned vsury , as a thing very odious and against nature , therefore many which were led but by the light of nature haue inveyed against it .

Aristotle saieth , that vsury is against nature : his reason is this , Pecunia natura non potest parere ergo vsuram expecunia capere pugnat cum natura .

Plutarcke saith , that it is against nature to take vsurie , for this cause Ex nihilo nihil fit .

Alphon sus saith , that vsurie is the very death of nature .

Cato beeing demanded what it was to take vsurie , answered , Quid hominem occidere ?

Plato made a law , that he which tooke vsurie , he should lose both the principall and the vsurie . And for that it was so execrable , he did expell all vsurie out of his common-wealth . in quinto de legibus .

I could repeate many others to this effect , but we may perceiue how vsurie hath beene esteemed by these ; although it be a principle in reason , that the practise beeing ill reputed of , the practitioner can haue no better , yet it shall not be amisse to set forth the discredible account hath beene made of Vsurers in most ages and times .

How Vsurers haue beene accounted of .

HEmingeus beeing a boy , saith he could not remember aboue 2. knowne Vsurers in the lande he liued in , they flourished a while , but their children after them came to pouertie and reproch , so true is that verse ,

Ex male quaesitis non gaudet tertius haeres .

In the 12. Centuries 4 chap. it is reported by those that wrote that ecclesiasticall Storie , that there was not an Vsurer to be found in all the countrey , and if an vsurer came to be knowne , his houses were called the deuils houses , his fields the deuils croppe , &c.

Brunnion preaching vpon a time to his people in the presence of some vsurers ; he demanded if any vsurer were present , not an vsurer would speake : insomuch as he asked if any Scavinger were there : a Scavinger made answer he was one : hereupon the preacher said , the scauinger was of better account then the vsurer : for the Scavinger was not ashamed to heare and answer to his name and title when he was called , but the vsurer was .

The Vsurers are ashamed at this day of their title , more then other men : some write themselues gentlemen , merchants : others , grocers , mercers , but they will not write themselues Vsurers : for indeede they are ashamed of the name and word of vsurie , and therefore they haue got these fine tearmes : they will not say , let their money to vsurie ; but to interest , or put it to vsans , or they take consideration , rent , or an honourable rewarde . If they did thinke well of vsurie , they would neuer cloake it vnder other contracts .

Dauid praying against his enemies , Psal. 99. wisheth them this plague , Let the extortioner take all his goods . The Septuaginta , Pagne , Tremellius and Iunius translate this word extortioner , Vsurer .

Musculus commenting vpon the same place saith , see howe Dauid praies that his enemies might light in the vsurers hands ; noting thereby what a curse it was to goe to an vsurer , and howe the vsurer was the meanes to convey the same curse to others .

The Prophet Amos chap. 8. cryeth out against such as solde the poore for old shoes . Gualter writing vpon that place saith , it is common to all , but specially to the vsurers .

S. Ambrose complained in his time , that by the meanes of vsurers , parents were inforced to set forth their children to sale , or binde them to captiuitie , for the payment of their debts , and yet neuer came to possesse their inheritance .

Luther reports that Caesar commanded that an vsurer should not be counted and iudged by law an honest person .

M. Calvin saith , it is rare to see an honest man and an vsurer .

Baldus saith , an vsurer is a defamed person , and shall not enioy such goods as are giuen him .

Hemingeus saith , the vsurer might not make an offering at the altar , neither was he preferred to dignitie or called to offices .

Those which trauell the low Countries say the vsurer is so basely accounted of , that no man will be in his companie , and you shall sooner get one to goe to a brothel-house then to an vsurers house .

The celebration of a masse would neuer suffer the vsurer to kisse the paxe ; none would fetch fire at an vsurers house ; the boyes wondred and all men hist at an vsurer .

A thiefe was better esteemed then an vsurer : for a thiefe was to make but double restitution , the vsurer quadruple . Heming . Iac. 5.

Licurgus would not suffer an vsurer to dwell in Sparta , nor Plato any to dwell in Graecia .

If the Scripture willeth vs to shunne things of ill report , what account shall we make of an vsurer that hath so bad a report .

Epiphonema .

WHether we are to regard in these Writers , the time , because it is many yeres since some of them wrote ; or the place , because most are forrain writers , where the generation of the Iewes are hardly rooted out ; or any such like circumstances . Certes I would not wish the Vsurer to stand vpon such cauils , but seeing not onely the word of God , but all ages , nations , lawes , and sects of persons doe condemne vsurie as a sinne most odious and opprobrious , I would haue him obserue that same fast in Esay 58.6 . to loose the bonds of wickednes . S. Hierome writing vpon that place , vnderstands by it the extreame bonds that Vsurers wrappe others in , So getting his goods in the feare of God , they will be to his comfort while he liueth , & without pricke to his conscience when he dieth .

FINIS .