The arraignment and conuiction of vsurie That is, The iniquitie, and vnlawfulnes of vsurie, displayed in sixe sermons, preached at Saint Edmunds Burie in Suffolke, vpon Prouerb. 28.8. By Miles Mosse, minister of the worde, and Bacheler of Diuinitie. Seene and allowed by authoritie. The especiall contents of this booke, are declared in the page next before the treatise it self. Reade all, or censure none.

To the Christian Reader.

IT is a sound position both ofa 1.1 the elder, and the b 1.2 latter Diuines, a∣gainst the Stoicke Philosophers, and Iouinian heretikes; Peccata non esse paria: that all sinnes are not equall but that there are some greater, some smaller, some ligh∣ter, some heauier offences. For, as all sinnes are not of the same na∣ture: so all men sinne not in the same measure and degree. Among other degrees, and diuersitie of offences, some sinne of ignorance and know it not: and that is naturall weakenes. Others know that they sinne, and excuse it: and that is little better then presumption. Others cannot excuse their sinne, but rage and storme against those that reproue it: and that differeth not much from malice. Dauid sinned often, and knew it not, therefore he desireth to be c 1.3 clensed from his se∣cret faults. Adam saw his sinne and excused it: d 1.4 The wo∣man gaue me, and I did eate. e 1.5 Ieroboam could not ex∣cuse his sinne, and yet he stretched out his hand to offer vio∣lence, to the Prophet that reproued his Idolatrie.

Now all these degrees, and differences of sinne, are in no one more pregnant or euident, then in this euill of Vsurie. For, some commit vsurie, not knowing it to be sinne: either because they haue not the word, or they vse not the word for the enlightning of their hearts. Those that be ignorant for

want of the word, are without question much to be pitied: and yet is their want that way, the iust punishment of sinne. Those that are ignorant for not vsing the word, are sharplie to be reproued as those whose ignorance acrewing from their owne negligence, is meere sinne vnto them. f 1.6 In vtrisque non est iusta excusatio, sed iusta condemnatio, sayth Au∣gustine: Neither of both can iustly be excused: nay, either of both is iustly to bee condemned. Others commit vsurie, and stand to excuse it: alleadging for themselues, either the authoritie of men, which is little, or the example of others, which is lesse. Or againe, either endeuouring to proue the thing good which is fearfull, or pretending that they cannot otherwise liue, which is miserable To them that obiect other mens authoritie, I answer, as Lactantius did to the Gentiles, who grounded their religion vpon the authoritie of their an∣cestors: g 1.7 Id solum rectum est, quod ratio praescribit: Not that which men say, but that which reason warranteth, is right and to be approued. To them that alleadge examples, I answer with the ancient prouerbe, Viuitur praeceptis non exemplis: We must liue by precepts, and not by examples. And with that of Moses in Exodus, h 1.8 Thou shalt not fol∣lowe a multitude to doe euill. To them which iustifie vsu∣rie to be lawfull, I stand not here to make answer: for to that end serueth the treatise following. Only, I applie vnto them, that which Cypriā spake of some teachers of his time, i 1.9 Am∣bulantes in tenebris, habere se lucem existimant: Walk∣ing in darknes, they suppose they haue the light. Asserentes noctem pro die, interitum pro salute: They hold the night for day, and destruction for saluation. Vt dum verisimilia mentiuntur, veritatem subtilitate frustrentur: That while they faine and deuise an opinion, somewhat like to bee true, they may adnihilate the trueth it selfe by their subtilties. To them that pretend, they cannot otherwise liue, I replie, that either they must accuse nature for an vniust stepmother, (which one of the Fathers k 1.10 counted a poynt of great follie:) or they must accuse their parents for want of frugall educa∣tion,

which were vndutifulnes in a child: Or rather them∣selues of sloth and idlenes, (which indeede is the vsurers sin:) Or lastly, they must say as those that excuse themselues by destinie, l 1.11 Fatum m••••m ••e duxit▪ It was my destinie, I was borne, or I was ordained to liue by vsurie. Others, yet there are, who knowing the practise to be euill, and themselues not being able to excuse it, they turne their nose vpon the very winde, like the weathercocke, and like mad men rage at those that would binde them for their benefite: and are like the swine of which Christ speaketh in the Gospell, m 1.12 who when they haue pearles throwne before them, turne againe, and all to rent those that cast them.

This third kind of Vsurers, as they are the worst in nature, and in the highest degree of sinne: so are they those of whom I haue most cause to complaine▪ There is no Vsurer about vs (that I knowe) so simple and ignorant, but he can relate what is sayd against vsurie in the word. And on the other side, there is none so well learned about vs, (I dare auouch) that is able to iustifie and defend it by the word. And yet haue they so raged and stormed at me since the preaching of these sermons: that I had almost waxed proude with conceit that I had spoken much against them. For▪ as it is the nature of the greater and stronger beasts, to despise the barking whelpe and then only to turne againe when they feele them∣selues bitten and touched indeede: so I began to conceiue of these Vsurers, that because now they stormed therefore they were stung: and because they fretted earnestly, therfore they were touched throughly. If that be true which is reported, (for I haue not vouchsafed to fift and examine the cause) some haue vowed the answere of my booke before it com∣meth forth: some are sayd to haue many a reason alreadie deuised against it in their braine▪ some haue threatned that I shall neuer borrowe: some haue slandered mee behinde my backe: some haue spoken foule things to my face: yea, I haue been bitten and backbitten, as one sayd of me publikelie of late,* 1.13 in mine owne pulpit. The best and most temperate men

of that trade, though before they seemed desirous to heare the cause debated: yet since that time they haue dealt with me, as Laban dealt with Iacob, when he sawe how God had blessed him: n 1.14 their countenance hath not been towards me, Sicut heri & nudiustertius. So dangerous a thing was it to charme a serpent, and to rouse the slumbring lion: and so truely was it sayd of Hierome, o 1.15 Amara est veritas, & qui eam praedicant replentur amaritudine: The trueth is bit∣ter and vnsauerie vnto the corrupt tastes of men: and they that preach it, are filled with bitternes. Veritas odium pa∣rit.

Yea, whereas I thanke God, I may say without boasting, as did the Prophet, p 1.16 I haue neither lent nor taken vpon vsurie: (for I haue followed my calling, and not busied my self much with the affayres of the world, which Tremellius rightly noteth to bee the sense of that place) yet haue there not wanted some, that haue charged me with both, and haue vnder that name censured me as one most vnfit to deale in this argument: because (as they say) I haue lent and taken vpon vsurie. Now, God bee mercifull vnto me in mine other offences: but had he no more in other, then they in this sinne to say against me: I might lift mine head full high, & car∣rie mine heart full merri••▪ The ioyning of issue with them in this poynt, I deferre, till 〈…〉〈…〉 in a further declaration. All that I will say for the present is this. If I were guiltie of ta∣king vsurie, I protest I would not iustifie it: If I were guiltie of giuing vsurie, I would sweare, and vow it was against my will. But, say I were guiltie of the former, and had lent vpon vsurie when my iudgement was lesser, q 1.17 The time of this ig∣norance God regarded not: And what I haue been in times passed, maketh nothing to them. Say I were guiltie of the latter, and had taken vpon vsurie, when my necessitie was greater: they know the case is ouerruled by the Philosopher, r 1.18 Qui iniuriam patitur non peccat: He that suffereth the wrong, offendeth not. And the great Schooleman hath de∣termined in this poynt, s 1.19 Vti peccato alterius ad bonum,

licitum est: It is a lawfull thing to vse another mans sinne, to good end and purpose. But the summe of that poynt is this: If I haue done both, or either of both, that helpeth not their cause: If I haue not done both, nor neither of both, the grea∣ter is their sinne.

Two things I require of the good Christian reader. The one: that thou stumble not at the title of this treatise. So many hauing written of this argument, it was not the easiest thing to finde a name whereby to distinguish it from other mens labours. All that I haue aimed at therein is, that no∣men might be rei notamen, (as t 1.20 S. Augustine speaketh) that is, that the title of the booke might deliuer the substāce and matter therein contained. Other quilitie or new deuise I haue affected none.

The other is this: that thou hold it not strange to see, that after The Death of Vsurie, published the last yeare by one man, thou hast now the yeare following his Arraignment and Conuiction by another. For first, many times it falleth out, that malefactors are executed before their examina∣tion, Arraignment and Conuiction bee published to the world. Secondly, The death of Vsurie came foorth from Cambridge, where I hope no lesse but it is dead indeede. Schollers haue not so great store of money that they can, nor so little store of learning that they will be practisers of V∣surie.

—Ingenuas didicisse fideliter artes Emollit mores.

But this Arraignment and Conuiction of Vsurie, com∣meth forth from London: where though it hath in former time been pleaded against by D. Wilson, concluded against by M. Caesar, and now of later times reproued by M. Turn∣bull, and examined by M. Smith: yet is it not hetherto tho∣rowly conuicted in the consciences of the people, much lesse put to death and executed as it should. Thirdly, wee see that Iudges of life and death, doe not all hold their Sessions or Assises at one and the same time. But when some haue exe∣cuted

fellons in one shire: some begin their arraignment in another. And therefore what shall let me to follow their ex∣ample, and after the Assises ended, and vsurie executed at Cambridge, to proceede on to The Arraignment and Con∣uiction thereof, in the citie of London.

This I speake not, as if I could speake nothing els in this case, but as sparing and pitying the Author of that treatise, who hath ploughed with my heifer, and whose bookes haue been published vnder my name, to my great preiudice and discredit. But I remember what Salomon sayth: u 1.21 A foole powreth out all his minde: but a wiseman keepeth it till afterward. All therefore that I will adde is this, If this booke benefite thee, thanke God that gaue the meanes. If it offend thee, yet know that I ment well, and aimed at thy good, and haue written without gall vn∣to any mans person. And so I bid thee farewell in Christ. This 6. of Februarie 1594.

Thine in the Lord, Miles Mosse.

Notes

• a 1.1

  August con∣tra mendaciū ad Cōsent. cap. 15 Hieron. contra Iouin. lib 2.
• b 1.2

  Tho. Aquin. 12^ae. quaest. 73. art. 2. Bulling. De∣cad. 3. ser. 10.
• c 1.3

  Psal. 19.12.
• d 1.4

  Gen. 3.12.
• e 1.5

  1. King. 13.4.
• f 1.6

  August. ad Sextum Rom. presbyt. epist. 10••.
• g 1.7

  Lactant. de Origine erro¦ris lib. 2. cap. 7.
• h 1.8

  Exod. 23.2.
• i 1.9

  Cyprian. de Simplicitate praelatorum.
• k 1.10

  Lactant. de Opificio Dei. cap. 3.
• l 1.11

  August. in Psal. 91.
• m 1.12

  Matth. 7.6.
• * 1.13

  M.K.
• n 1.14

  Genes. 31.2.
• o 1.15

  Hierom. con∣tra Iouin. lib 2
• p 1.16

  Iere. 15.10.
• q 1.17

  Act. 17.30.
• r 1.18

  Aristot. Ethic. lib. 5 cap. 11.
• s 1.19

  Tho Aquin. 22^ae. quaest. 78. art. 4.
• t 1.20

  August. de Genesi ad lite∣ram cap. 6. tom. 3.
• u 1.21

  P••o. 29.11.