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IT seemes M. S. Saint Austin is in some request with you; for you place Him in the Front of your Treatise, which you might easily have contrived into a few lines, telling us: so saith Iewell, Perkins, &c. in such a Booke, such a page: But will you stand to that Ancient Fathers Authority in your Point of Usury? Heare Him I pray you: In Psal. 36. Nolo sit is faeneratores, & ideò nolo, quia
Deus non vult. I would not have you to bee Usurers, and therefore I would not have you to be so, because GOD would not have you to be so. A little after: Vnde apparet Deum hoc nolle? Dictum est alio loco. Qui pecuniam suam non dedit ad Vsuram. Et quam detestabile sit, & quam odiosum, quam execrandum, puto quia & ipsi faeneratores noverunt. How appeares it, that GOD would not have you to be Usurers? It is said in another place. Hee that putteth not His money to Vsury. How detestable a thing it is, to give money upon Usury, how odious, how execrable, I suppose, the Usurers themselves are not ignorant. And upon Psal. 128. Audent etiam faeneratores dicere non habeo aliud unde vivam. Hoc mihi & latro diceret, deprehensus in fa••ce, &c.—Hoc mihi & leno di∣ceret emens puellas ad prostitutionem, &c. The Usurers also, saith Saint Austin, dare say, they have not whereupon els to live: so (saith He) may the Robbers say, taken in the Theeves Haunt, &c.—So may the Bawde say, who buyeth young Women for prostitution, &c.
Or will you stand to the judgement of those Worthy Men, (for so you call them at the bottome of your first page) which Saint Au∣stin produced against Iulian? Heare them also. Saint Basil: in Psal. 14. An ignoras, inquit, quòd major tibi peccatorum exurgat acervus, quam sit accessus opum, quem ex usuris venaris? Knowest Thou not, that a greater heape of sinnes growes upon Thee, then is the accession
of riches, which thou hunts after by Usury. Saint Gregory Hom 4. in Ecclesiast. Aiatis, inquit, dixit Deus; Crescite & multiplicamini: Auri autem faetus, nempe faenus, ex quonam consistit ma∣trimonio? &c.—Hic est ille partus, quem parturit qui dem avaritia, parit autem iniquitas, & obstetri∣catur inhumanitas. This is that young One (spea∣king of usury) with which covetousnesse tra∣vailes; Iniquity brings forth; and Inhumanity playes the Mid-wife.
Saint Ambrose, an other of those Worthy Men, hath detested and discoursed against usury very excellently, and eloquently in a whole Booke de Tobia: in the 9. Chap. whereof, Hee compares the Divell and an Usurer together. Chap. 14. Silicitum est: cur vocabulum refugis? cur velamen obteris? Si illicitum est: cur incre∣mentum requiris? If usury be lawfull, why doest Thou decline the name? Why puts Thou a vaile over it? If it be unlawfull, why receivest Thou any increase?
Saint Hierom, In Psal. 54. In lege usurae accipi prohibentur. Vsura est, plus accipere, quam dare. Taking of usury is forbidden in the Law. And usury is to take more, then was given. And in Ezek. Chap. 18. page 538. Repetens ab his qui∣bus tribuit, (meaning in the case of usury) ampliùs quam dederat, vivere non poterit, sed in suo sanguine morietur. Chrysost. Hom. 5. in Mat. pag. 38. Nihil praesenti usurâ turpius, nihil{que} crudelius. Si quidem hujusmodi faenerator negotiatur discrimina, & uberiores (ut putat) quaestus de al∣terius
infaelicitate consequitur, at{que} insuper quasi pietatis mercedem reposcit, velut metuens ne immisericors fore videatur: cum profectò pretextu miserendi, at{que} opem ferendi, majorem misero foveam crudelitatis effoderit, speciejuvandi atterens inopem, ac manum porrigendo deijciens: & quasi inportum, ex tempestate suscipiens, sed improviso turbine in multò magis crudele naufragium, velut inter scopulos, ac latentia saxa demergens.
I have given you a taste of those Worthy Men, how worthily, They cut the throate of your usury. I might quote many more of the Fathers to the same purpose: but that it is not my purpose, but onely to let you seee how you have wounded your selfe at unawares, by wri∣ting those passages out of Saint Austin. I meane in this respect: As Iulian the Pelagian became Saint Austins and their Opposite, in Point of Pelagianisme: So you proove Op∣posite to Austin and the same Worthies in Point of Usury.
But you have, as you suppose, some late Divines on your side. And I will also suppose so for the present: And oppose against them three hundred and eighteene, the learnedest and greatest Divines in the whole Christian world, congregated at Nicaea in the more * 1.1 pure and primitive times, * 1.2 In the yeare of our Lord 325. or thereabouts condemning usury, from those words Psal. 15. Qui pecuniam suam non de∣dit ad usuram: Hee that putteth not His money out to usury. Can. 18. I could name them eve∣ry
One unto you, and so make a farre larger Catalogue then yours. For here are 300. odds. Yours being but 18. Nay in a word; for any thing I can learne, or know, I may oppose in this Point all other Councells, that ever mentioned it, Fathers, all the Learned of former Ages, the whole Current of the Christian World from CHRIST unto our age. None of which have stood for Usury, for the space of fifteene hundred yeares after CHRIST.
But these, you will say, are Humane authori∣ties. And so are yours. Yet mark the odds. I op∣pose to your few supposed Patrons of Usury of late times, the generall judgement of the Church for this fifteene hundred yeares. For the cove∣tousnesse of these times hath made a contro∣versie, which in former ages was never doubted of. * 1.3 Nay, (I imagine you know who hath made it good) Authority of all sorts, divine, and humane; Ecclesiasticall, and prophane; naturall, and morall: Of all Ages, old, new, midling: Of all Churches, Primitive, Romane, Reformed: Of all Common-Weales, Jewish, Christian, Heathenish: Of all Lawes, Forraine and Domesticall.
Nay M. S. Will you heare the words of one of your own Men, whom you muster up in your Catalogue as One of yours: I meane B. Iewell. These are his words: upon 1 Thess. Chap. 3. ver. 6. pag. 80. But what speake I, saith He, of the an∣cient Fathers of the Church? (having produ∣ced many against Vsury) There was never any
Religion, nor sect, nor state, nor degree, nor Profession of men, but they have disliked it: Usury sc. Philosophers, Greekes, Latines, Lawyers, Divines, Catholicks, Hereticks: All tongues and Nations have ever thought an Usurer as dangerous, as a Theefe. The very sence of nature prooveth it to be so. If the stones could speake, they would say as much. These are the very words of One, whom you pretend to be on your side.
But let us come to the Scriptures. And dare you indeed M. S. stand to the triall of that pure and Heavenly Touchstone?
Consider then these places:
Exod. 12. 25. Levit. 25. 35, 36. Deut. 23. 19.
Psal. 15. 5. Ezek. 18. 13, 17. And 22. 12.
Pro. 28. 8. Luke 6. 35.
Now M. S. against these many Places con∣demning Vsury; bring you so much as One, to allow it. You are not able to bring One rightly understood. Here is then as great odds in Di∣vine, as Humane Authorities. What will you doe now? Fall to your shifts.
In the Scriptures, say you,
1. Mention is made of the poore expressely;* 1.4 and therefore you conceive, and conclude, that if you forbeare the Poore, you may be an Usu∣rer to the Rich. And for this purpose Usurers urge Exod. 22. 25. Levit. 25. 35.
1. May you not M. S. as well reason thus from* 1.5 ver. 22. of the same Chap. Thou shalt not afflict any Widow or Fatherlesse Childe: Here mention
is onely made of the Widow and Fatherlesse: therefore, if these bee forborne, Thou maist afflict a married woman, or a childe that hath a Father? May you not by the like reason proove it no sin to rob a rich Man: because Prov. 22. 22. It is said: Rob not the poore, because He is poore. Then all robbery is not forbidden, but onely that towards the poore, (may you say) and therefore we may rob the rich, because He is rich, and may well spare it? You may clearely see the poorenesse and weakenesse of your col∣lection, by these three absurd paralell inconse∣quences.
Moses forbiddeth to oppresse an hired ser∣vant, that is poore and needy: Deut. 24. 14. therefore, if He be rich and wealthy, you may oppresse Him. This is Usurers Logique. See Psal. 82. 3, 4.
2. In other places of Scripture, as Psal. 15. 5. Ezek. 18. 13, 17. And Chap. 22. 12. Prov. 28. 8. Which are as it were Commentaries, and Ex∣positions of the Law, there is no mention of the poore, but Vsury is absolutely forbidden without respect of Persons. Nay to prevent this shift, and to demonstrate this evasion to be very frivolous. In the very Text Deut. 2••. 19. there is no mention of the poore at all, but the Law is delivered in generall termes: Thou shalt not lend upon Vsury to thy Brother. Now He is your Brother whether He be rich or poore. The partition wall is now taken away, and both Jew and Gentile, rich and poore are
Brethren; and therefore we must exact Usury of none, except we would be worse then Jewes. Our Saviour Christ Luke 6. 34. gives this testi∣mony to the very sinners of His time amongst the Jewes, that they would lend One unto an Other, that they might receive so much, as they lent. And therefore not so much, as the least Usury was lawfull towards a Brother, whether He were poore or rich. If the Scriptures had put such a difference betweene the poore and the rich, as betweene the Israelite and Cananite: To the rich thou maist; but to the poore Thou shalt not lend upon Vsury: Then the case were cleare. But Deut. 23. 19, 20. GOD makes op∣position, not betweene the poore and the rich: but betweene an Israelite and Cananite. For by stranger in that Place, is meant the Hittites, the Gergashites, the Amorites, the Cananites, the Perisites, the Hivites and Jebusites, and no other stranger as may be collected, Levit. 25. 35. So al∣so doth Saint Ambrose De Tobia, cap. 15. Paulus Fagius Annot. in Cald. Paraphras. in Deut. 23. 20.* 1.6 Iun. Annot. Ibid. expound it. What these the Jewes were commanded to destroy, Deut. 7. 12. And Usury was as teeth given them, and al∣lowed by GOD to eate them up withall: Whence that of Saint Ambrose De Tobia, cap. 15. Ab hoc usuram exige, quem non sit crimen occidere. Seest thou a man, whom Thou maist lawfully kill? take use of Him, but not of thy Brother.
3. In the lawes of Usury, and other prohibiti∣ons
of oppression, expresse mention is made of the poore and helplesse, Because 1. The poore are soonest, and easiest oppressed of the Rich; as the lowest hedge is oftnest stepped over. 2. It is a more grievous sinne to oppresse the Poore. 3. Those onely who have need, have just occasion to borrow.
4. Shall a speciall Instance in some one Object, which makes the sinne forbidden ex∣treamely hatefull, abridge and restraine the ge∣nerality of a law? Will the exageration of a sinne in the highest degree make all those acti∣ons no sinne, which come not to that degree? Because it is an heinous offence to steale a Cow from a poore man, is it not a sinne to steale a Sheepe from a rich man, that can spare it full well, and perhaps never misse it?
5. Nay M. S. will you stand in this excep∣tion to the verdict of your owne Witnesse in the very Point for which you produce Him; I meane of the rarest Iewell, that ever the English Church enjoyed. These are His words upon 1 Thess. Chap. 3. pag. 86.
Thus much saith He, I thought expedient to speake of the loathsome, & foule Trade of Usu∣ry—I call GOD for a record unto my soule, I have not decived you, I have spokē unto you the truth. If I be deceived in this matter, O GOD Thou hast deceived me. Thy word is plaine. Thou saiest: Thou shalt take no Vsury. Thou saiest, He that taketh increase shall not live. What am I, that I should hide the words of my GOD, or
keepe them backe from the hearing of this peo∣ple. The learned old Fathers taught us, It is no more lawfull to take Usury of our Brother, then it is to kill our Brother, &c. Marke the last words. And then looke backe, upon pag. 78. lin. 22. Where He saith: He is thy Brother, whether he be poore, or rich: And then con∣clude plainely, that the worthiest of your pretended Patrons, condemnes Usury-taking, either of rich or poore.
Aspidis morsui similis est pecunia usuraria. Qui ab Aspide percutitur quasi delectatus* 1.7 vadit in somnum, & sic per suavitatem soporis moritur. He that is bitten by Usury, (saith Chrysostome) is as He, that is stung of a Serpent: it lulls Him asleepe so sweetly and secretly, that the poore man is undone before he be aware.
6. If Usury finde a man rich, * 1.8 yet it brin∣geth with it a paire of Canniballs chops, and many cruell teeth, to eate out the very Heart of His estate, except He cunningly heale Himselfe by some other covetous way, or unconscionable course. Hence it is that Saint Chrysostome compares Usury to an Aspe, which together with the poyson infufes a delightfull sleepe, but in that sweete insensiblenesse takes away life: So the Usurers money refreshes for a time, but by little, and little, sucks out the very life-bloud of a mans estate. And that of Saint Basil to to those, that objected, That many by the im∣ployment
of money borrowed upon Usury, grew rich: But I thinke, * 1.9 moe saith He, have come to the Halter. His meaning is, by paying Usury they have growne poore, and so fallen a stealing, and at last come to hanging. To speake more fitly to these sinnes: But I thinke moe have prooved Bankerupts. And againe, How many of your Usurers are free lenders to the poore, except it be in cunning, out of a deepe Hypocrisie to colour their usurious cruelty?
7. If the law of lending to the poore, with∣out usury, should inferre the lawfullnesse of lending to the rich upon usury: How should GODS purpose in those places, for the benefit of the poore have place? Because by this meanes, it would come to passe, that the poore should very hardly, or not borrow at all. For how few would lend to the poore for nothing, when as they might lawfully lend to the rich upon usury. Now it were better for the poore, that He might borrow upon Usury, then that He might not borrow at all.
The Scripture, saith the Usurer, forbids* 1.10 onely byting Vsury: 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Morsury, which com∣meth of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Mordere, to bite. There is, thinkes He, a certaine toothlesse, or not byting Usury, which is tollerable.
1. What will not Covetousnesse catch at, to* 1.11 nourish its greedy, and cruell humour? Nesheck is the common, and ordinary name whereby all Usury is signified in the Hebrew Tongue.
And doth Metaphorically intimate, and import the aggravation of the sinne, not a distinction of the kindes of Usury. Epithets and Origi∣nals serve more to amplifie and exaggerate, then to distinguish. See T. pag. 53. Hence it is also that Usury in the Chaldee is called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Chabulia, i. e. Perditio, quòd omnes opes perdat & devastet.
2. The Scriptures condemne not onely Nesheck, but also Tarbith. And that not onely in the Comments of the Prophets: Ezech. 18. 17. And 22. 12. Prov. 28. 8. But in the very Text of the Law it selfe, Levit. 25. 36. Vetar∣bith. And v. 37. Vbemarbith.
Nesheck is the ordinary word in the Scrip∣tures, to signifie Usury. Which the HOLY GHOST useth to expound by other two words Tarbith and Marbith, both derived from the same roote 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to increase, So that he which exacteth an increase, or gaine above His principall, or requireth more by covenant, then He lent, He taketh Tarbith, or Marbith, that is Usury. Which is condemned also, saith that most worthy Calvin, (whom you produce as a Patron) in Pentateuchum, pag. 355. That He may cut off, saith he, such cavills as these: Vtrum{que} nomen conjungit—ac generaliter damnat quamlibet sortis accessionem: He cou∣ples both the words together—And gene∣rally condemnes any addition, or increase above the principall. For why should Tarbith bee added unto Nesheck, both in the letter of
the Law, and the Prophets? It must be added: either 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, to make a gradation; as if not biting Usury onely were forbidden, but any increase whatsoever: Or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is by way of exposition, and so of equall latitude with Nesheck, onely declaring what GOD meant by biting Usury, namely any increase in that kinde whatsoever. And therefore let not us distinguish these words which the HOLY GHOST confounds, saith a worthy man; and much lesse upon this frivolous di∣stinction, let us build our practise or hazard the eternall salvation of our foules. For we know* 1.12 who hath said: He that putteth forth to Vsury, or taketh increase; shall He live? He shall not live, He shall die the death; and His bloud shall bee upon Him.
3. All Usury biteth. Money so lent com∣meth not empty home: but biteth off, knaweth away, and bringeth with it some part of the borrowers wealth, and substance. Who if He cannot licke Himselfe whole againe, or heale His wound by biting others, (as commonly they doe) He findeth and feeleth in the end, that Usury hath teeth.
Biting is individuall, and essentiall both to the name, and nature of Usury. It ever bites, and stings one, or other, lesse, or more, either the Borrower, or the Common-wealth. Either like the morning Wolfe, it sucks out the life, the bloud, and the marrow of a poore man: Or like a Mastive it snatches a peece and portion
out of the Borowers substance: Or like a Waspe or the Dog-flie, it stings Him, one way, or other in His estate. All sorts of Usury, even from that Centesima the hundreth part monethly, which Nehemiah complaineth of, which is twelve in the hundred; unto that semi∣uncianum Foenus ten shillings in an hundred pounds, hath teeth. Some more empoisoned, bloudy Fangs then other: but all bite. In eve∣ry Tarbith there is a Nesheck, 〈◊〉〈◊〉 in every Usury.
But suppose the Borrower sometimes in re∣spect of the event, or by accident, be not so bitten, or damnified: yet the Common-wealth, and especially the Communalty pay for it. Our Divines expresse the Point thus:
If money be lent to spend upon necessaries, there is no question made, but the Borrower is sore bitten in paying Usury, when he hath spent the principall: If it be lent to lay out for gaine, then must the Borrower first be sure of so much cleare gaine, as will pay the use; which is a reasonable gaine of it selfe: For the Usurers of nine, or ten in the hundred doe live richly of that accursed trade: yea many honest Tradesmen, will confesse, that if they could with their owne free stock, raise the like gaine, one time with an other, that the Usurer doth with his money; and with the like security of the principall, they would think, they had made a very good market, notwithstanding all their care, and travell. This reasonable gaine then,
must first bee raised by the Borrower, to pay the Usurer; and over and above, He must ex∣ceed this reasonable gaine, to maintaine Him∣selfe, and His Servants, because this gaine is none of His. If He doe not exceed then, and that in some proportion, Hee hath lost His la∣bour, and shall feele Himselfe sore bitten. And if the Borrower doe exceed the Usurers gaine, to maintaine Himselfe; I demand then who paieth this excessive gaine over and above that reasonable gaine, of ten in the Hundred? Who but the Common-weale? Not so, saith the Usurer; For the Borrower must sell, as the Market goeth. It is very true. Therefore, say I, If He and His fellowes be not able to raise the Market, to their owne price, they shall bee loosers: If they can inhaunce it, (as they may the more easily, because the number of such Borrowers is great, and because the rest desi∣ring to sell as deare as they can, will most willingly joyne with them) then the Com∣mon-weale must needs beare the burthen, and especially the poorer sort, who buying all by peece-meale, at the last hand, must bee sore bitten, though they know not by whom.
It is incredible, to consider how great the bi∣ting and burthen of the Common-wealth is in this Case. For who doubts, but that many millions of pounds are put out to Vsury in this Land yearely: partly in money borrowed upon Vsury; partly in wares taken on trust, whether by Merchants themselves, or by
retailers from them, or by the particular buy∣ers from the Retailers: the Usury of every million, which are many, after ten in the hun∣dred, being an hundred thousand pounds. Of which biting and burthen the Common-wealth might be eased, If Vsury were abolished.
Heare your owne Man, whom you produce as a Patron of Vsury, that Reverend and Wor∣thy Iewell: upon 1 Thess. 4. pag. 83. A Merchant taketh up of his Neighbour an hundred pounds, and must answer againe an hundred and ten pounds. He bestoweth it all in corne, and buy∣eth for his hundred pounds, an hundred quar∣ters of corne. He sendeth it to the Market, the people have need of it, and buy it. If He sold it for eight groats a Bushell, he might make up his hundred pounds, and be a gainer. But un∣lesse He make up an hundred and ten pounds to discharge his Vsury, He must needs be a looser, and undone. But undone He will not be: Hee will rather undoe many others. Therefore He setteth price at three shillings, and so ma∣keth His money, and paieth the Usurer, and saveth Himselfe, and is no looser. Who then paieth the ten pounds? Who is the looser? Any man may see. The poore people which buy the corne. They finde it and feele it in every morsell they eate. Thus, saith He, if the Merchant Borrower be not hindred by the Usurer: yet the people that buyeth His wares are plagued. Thus it is no hard matter to finde, that howsoever Vsury bee used, it is alwaies
dangerous, and beguileth the people, and is therefore the destruction, and overthrow of the Common-wealth.
4. M. Dike tells us pag. 211. How full of subtle and sophisticall wit our hearts are in cun∣ning distinctions for the confusion of our soules.
He instanceth in some Particulars.
But what, as he there intimates, if these, and the like, proove to bee rotten distinctions, and false Glosses upon their Beds of death, as in∣deed they are; whats then their Case? As they have leaned in their life time upon such broken staves of reed: Their confidence in that dreadfull houre will be but as the Spiders House.
The Law of Moses concerning Vsury is ju∣diciall* 1.13 not Morrall; Politicall onely, and pro∣per
to the Jewish Nation; not perpetuall, and binding all.
.1. Prohibition of Biting Vsury, Usurers will* 1.14 confesse, is Morrall, but, it appeares in answer to the second Objection; that, that Vsury which is forbidden in the Law, is biting, Ergo, &c.
Or thus: That which is unjust and unchari∣table is forbidden by the Morrall Law: But when out of the uncertaine negotiation of the Borrower, the lender covenanteth for certaine gaine, and accordingly exacteth His covenan∣ted gaine; as well out of the Borrowers losse, as out of His gaine, which is the practise of the Vsurer, (For in the contract of actuall Vsury there is an absolute covenant for certaine gaine, which the Borrower, whether He shall gaine or loose is absolutely bound to pay together with the Principall) is unjust and uncharitable, Ergo, &c.
Great and certaine gaine accrewes to the Vsurer: sometimes out of little gaine; some∣times out of no gaine; sometimes out of losse; alwaies out of uncertainties; alwaies out of la∣bour and paines, out of care and cost, out of hazard and perill to the Borrower. Is this con∣scionable?
2. The Law of free lending is Morrall, re∣newed by our Saviour, Mat. 5. 42. Deut. 15. 8. Luke 6. 35. Therefore the Law, which forbid∣deth Vsury, or lending for gaine, is Morrall: For the same Law, which commandeth the
Affirmative, condemneth the Negative.
3. The Holy Prophets raunge it amongst the greatest abominations, and most hainous trans∣gressions of the Morrall Law: with lying, back∣biting, deceit, wrong, bribery: Psal. 15. with Idolatry, oppression, adultery, cruelty, unmer∣cifullnesse to the poore, bloud-shed, and mur∣ther: Ezek. 18. With the profanation of holy things, with the abomination of uncleanenesse, with the unnaturall sins of incest, Ezek. 22.
So doth the Doctrine of our Church: Verily so many as increase themselves by Vsury, by extortion, by perjury, by stealth, by deceits and craft; they have their goods of the Divels gift. Homily For the daies of Rogation weeke, p. 2. p. 3.
Excep. GOD permitted the letting out of Vsury to the stranger, Therefore the prohibition cannot bee Morrall: For GOD is not wont to permit any trans∣gression of the Morrall Law.
Rep. Nay. Sith the same Vsury, which is forbidden in the Law is permitted to∣wards a stranger, therefore this permission of Vsury is prooved to be judiciall, and the Prohibition Morrall. This permission rather prooves it to be unlawfull in it selfe: For if it were lawfull in it selfe, it should not need to be permitted. The putting away of a mans innocent wife, being a thing simply, and in it selfe evill; was not∣withstanding permitted to the Jewes.
If by stranger, wee understand stranger at large: I answer thus: As that permission which gave leave to the Jewes to put away their inno∣cent wives with a Bill of divorcement, doth not disprove the Law forbidding Adultery to bee morrall, but prooveth it selfe to be judiciall: so permission of Vsury towards strangers doth not proove the Law forbidding Vsury to be Mor∣rall; but it selfe is evidently prooved to bee Judiciall.
And there may bee reasons also of this tol∣leration.
1. The hard-heartednesse, and covetousnesse of the Jewes might be such, that if they were not permitted to practise Vsury towards stran∣gers, they would exercise it against their Bre∣thren.
2. And the injustice of the Gentiles with whom they did traffique, such, as they would be sure to exact Vsury of the Jewes.
Therefore, that neither the Gentiles, by in∣equality of negotiation should eate up the Jewes, nor yet the Jewes should oppresse one another by Vsury, it might be, that in these ci∣vill respects the LORD permitted it towards the Gentiles. Which tolleration in civill re∣spects might absolve the Jewes in the externall Court, but not in the Court of Conscience: no more then the toleration of divorce did dispence with that hardnesse of their hearts before* 1.15 GOD.
But if by stranger be meant onely, the rem∣nant
of the Cananites, as * 1.16 Saint Ambrose, and * 1.17 Saint Hierome amongst the ancient: Iunius, and Tremelius of latter time have expounded it: which I take to be the righter sence: See before pag. 2. Dow. pag. 210. I answer thus: Per∣mission of Vsury towards the Cananite doth no more proove the Law against Vsury not to bee morrall, then the allowonce of Man-slaughter in warre doth proove the Law forbidding murther to be judiciall. For although the Law cendemning Vsury be never so perpetuall, or morrall; yet notwithstanding as other Com∣mandements of GOD; so is it to bee under∣stood with this limitation, and restraint; name∣ly, unlesse GOD otherwise appoint. All other Theft, as well as Vsury, is forbidden in the morrall Law, but if GOD, by speciall war∣rant allow the Israelites to spoile the Aegyptians at their departure out of Aegypt, they may lawfully doe it. It is a fearefull morrall trans∣gression, for a Father to kill His onely Sonne: but if the LORD bid Abraham kill His owne Sonne; Hee is authorized to doe it. Mortall Princes dispense with their Lawes, who then dare abridge this royall prerogative in the mighty LORD of Heaven and Earth? Whose Holy Will is the Rule of justice.
GOD appointed His people to destroy the Cananites, Numb. 33. 51. And it was fittest by litle and litle. See Exod. 23. 29, 30. Deut. 7. 22. Vsury therefore was a fit Consumption so to eate them out. Whereupon saith S. Ambrose.
Ab hoc usuram exige, quem non sit crimen oc∣cidere.* 1.18 Thou maist lawfully take Vsury of Him, whom Thou maist lawfully kill.
But howsoever, the Partition wall is now broken downe: And there is no such difference of Brother and stranger. I am sure amongst those, that professe the name of CHRIST: And therefore, it is execrable amongst us, with∣out all contradiction.
These three precedent, are the most ordinary starting Holes, the Vsurers haunt: Others are sometimes urged; but not with that pertinacy, and confidence. Such as these:
I deale, saith the Vsurer, as I would be dealt* 1.19 with; and doe as I would bee done by: And therefore all that while, I hope I doe no wrong. I would willingly pay ten in the hundred, if I had need, and then why may I not take so.
1. That royall Principle of Nature, Doe as* 1.20 thou wouldst be done by: must be expounded and understood according to the Grounds of a good Conscience, Dictates of right reason, and Rules of a just and rectified will: not out of the mists and miseries of a depraved and exorbitant judgement. Otherwise, Abimelech, Saul, and others of that desperate Ranke, and resolution, might conclude that it were lawfull for them to kill other men, because they were willing to be killed themselves: See Iudges 9. 54. 1 Sam. 31. 4. For they might say: They did but as they would be done by. It would also follow very absurdly:
The Magistrate being in the Malefactors case, would gladly be pardoned; therefore He must pardon the Malefactor. Some man would be content, villanously to prostitute His wife, whom He cares not for Himselfe, to others; therefore He may abuse an other mans wife, whom He loves better. These and the like absurd, and abominable non-consequents demon∣strate the vanity of the Vsurers inference: And that, that Royall Law, and Rule of our SAVI∣OVR CHRIST is not generall, but re∣straineable to that will of man, which is ruled by nature, and GODS Law.
2. We must then have recourse to this ge∣nerall Fountaine of the second Table, and fetch light and direction thence, when we have no expresse and speciall word in GODS Booke: but the Scriptures have clearely and directly determin'd and resolv'd the point of Vsury.
3. If the Vsurer were in the Borrowers Case, He would not willingly, as He pretends, give ten in the Hundred; I meane with an ab∣solute and free will; but of force and constraint; because without paying after that rate He cannot have it.
If a man would borrow upon Vsury, either to ingrosse or forestall, or to compasse some un∣lawfull matter; that were a corrupt will, and no* 1.21 Rule. But if His desire so to borrow were just and lawfull, (as in some cases it may be) then it is no entire will, but mixt and forced by some necessity, for the avoiding of a greater Evill;
and therefore deemed in the eye both of Law and reason to be no will at all. He that would borrow; should have need to borrow; for a needlesse desire is unlawfull: And hee who hath need to borrow, would not willingly borrow, but for need; much lesse, would He pay Vsury, if with convenience He might bor∣row freely. Therefore the will of the Borrower, in this case, is either corrupt, or no will at all; and so consequently without the compasse of CHRISTS Rule.
The will of the Borrower in this Case, is like the will of an honest traveller, in giving His purse to the Arrant Thiefe, for feare He should loose both purse, and life: Is this man willing, thinke you to loose His money? Or like the will of a man, whose House being on fire, plucks downe part thereof to save the rest. Willingly indeed as the Case stands with Him, yet not simply but upon necessity. So the Borrowers will is not free, but forced: and so will against will.
Vsury is not forbidden in the New Testa∣ment,* 1.22 therefore in all likely-hood no such sinne, as you say it is.
1. Though it be not forbidden by name in* 1.23 the New Testament, yet that prooveth it not to be lawfull. An argument drawne from the Testimony of some one part of the Scripture negatively, doth not hold. It is sufficient, that it is forbidden in the Old Testament, and namely, in the Morrall Law of GOD
which is common, and perpetuall.
2. Biting Vsury is not mentioned in the New Testament, and yet condemned, by the Vsurers themselves.
3. Neither are remooving the Neighbours marke, Polygamie, jealousie, treason, tyranny, &c. by those very names censured in the New Testament, and yet are manifest and grosse transgressions of the Morrall Law.
4. Though Vsury expressely and by name, be not censured in the New Testament: yet by necessary consequence it is, which is sufficient. 1. Sometimes under the affirmative, Mat. 5. 42. 2. Sometimes under the Generall, Ephes. 4. 28. 1 Thess. 4. 6. 3. Sometimes by an Argu∣ment drawne from the greater, Luke 6. 35. For if I must lend without respect of mine owne profit, or without expectation of any benefit, or gaine thereby; as they most expound that place, then much more must I lend without a Covenant, especially without an absolute co∣venant for gaine. And if I must lend without expectation of the principall, as others under∣stand it, then much more without expectation of an over-plus above the principall. 4. Some∣times by an Argument drawne from the lesse, Luke 6. 34. Doe sinners lend one to an other without Vsury? And shall not Christians much rather?
May not aman, as well take use for His mo∣ney,* 1.24 as the Land-lord rent for the ground which He letteth? No. For:
1. The Land hath a fruitfull use in it selfe,* 1.25 answerable to the Rent: Both without mans helpe, as in Meadowes, Pastures, Woods, Mines, &c. As also with, as in arable grounds, where∣in the rent is proportioned according to the fruitfullnesse thereof. But money being spent in the use thereof; * 1.26 the gaine that is raised thereby, is not the fruit of the money; but of His skill, and industry, that doth imploy it, and therefore must needs be uncertaine. And what gaine is raised, ought to belong to Him, by whose paines, and industry, it ariseth. So Thou demandest thy gaine out of the fruit of His paines, and industry; not out of the fruit of the money. And it is a strange Thing, that where∣as an 100 lb. worth of land, which is fruitfull by nature of it selfe, will scarcely yeeld 6 lb by the yeare: yet an Vsurer will have out of His money, which hath no fruitfull use in it selfe 10 lb. &c. Thus He wofully requires gaine for an other mans paines, industry, hazard, cost, and charge.
2. The property of the ground belongeth to the Land-lord; And therfore the profit belon∣geth partly to Him; in respect of the fruitfull use, of that which is His owne, partly to the Tenant, for his labour and charges.
3. In things let, the Letter alienating the use, and not the property is to receive the selfesame particular, and individuall Thing, after it hath beene used, being for the most part, the worse, and impaired by using. And therefore receives
profit for the Thing hyred. As in the letting of an house, wherein they often instance, Saying, why may not a man, as well take 10 lb. for an hundred in a yeare: As 10 lb. for an House in some great City, which cost Him an 100 lb. The use of the house is habitation; And though it bee kept Tenant-able: yet it growes worse, and towards ruine in the more substantiall Materialls. But in money it is otherwise. The very same is not to be restored, but so much in value. Whence M. Greenham reasoneth: Recompence is to bee made, where the thing is the worse for using: but money is not the worse for lending; therefore nothing is to bee taken, for the lending of it.
4. He that letteth any thing, beareth the ha∣zard of the thing He lets. As the Land-lord of the ground; not onely of the Title: but also of all casualties, and calamities any way incident: as overflowing by Sea, Invasion by enemies, &c. In which Cases, He is as well to loose His Rent, as the Tenant His labour, and charges.
A thing that is hired, if it perish without the* 1.27 default of the Hirer it perisheth to the Owner: 1. Because He is the Owner. 2. Because it went for the hire. According to the equity of GODS Law, Exod. 22. 15. If the Owner thereof stand by (to wit, that it may appeare, not to be the Borrowers default) the Borrower shall not make it good. For if it be an hired thing, it came for the hire.
But i•• money, the Borrower standeth to all the
hazard, in common equity: because the Bor∣rower* 1.28 is the right Owner for the time, and in all right, every thing perisheth to the right Owner.
But if there were nothing els, it is more then sufficient: That letting Land to Tenants is not disallowed by GODS Word, or any other learning; in any time or age, &c. But lending for use is condemned by GODS Booke, and all other learning; and in all ages.
But as the world goes now, saith the Usurer,* 1.29 & as mens manners now are, Common-wealths cannot stand; Trafficke cannot be maintained, Tradesmen cannot live without it, Ergo, &c.* 1.30
1. By this Argument saith * 1.31 Chemnitius, may the whole Scripture be overthrowne. For the world will not walke in the waies of GODS Commandements: Must we therefore say, that those are not sinnes, which are manifestly con∣demned in Scriptures?
2. How then did the state of the Jewes con∣sist without it, which was of Gods owne consti∣tuting? To say absolutely, that Common∣weales cannot stand without it, is to derogate from GODS wisedome, in ordering His own
people, amongst whom He would suffer no Usury.
3. If the Jewes had thus pleaded in those times of that toleration: that their Com∣mon-wealth could not stand without the Bill of divorce: yet notwithstanding, if any had put away His wife, save in the Case of Adultery, though He might have escaped in the externall Court: yet was He not absolved in the Court of Conscience, and before GODS Tribunall. So though an Usurer were now able truly to say, (which He cannot) that the Common-weale could not stand without Usury: yet for all that, Woe unto them that put their hands unto that cursed and cruell Trade.
4. If it were so; the Argument prooves no more then this; That Usury is a necessary Evill: And this necessity argueth not the law∣fullnesse of Usury, but the wretchednesse of the world, which as Saint Iohn saith, lieth in Evill.
A Drunkard hath brought His Body into such an Habit, that unlesse Hee drinke abun∣dantly, even to the turning of His braine, Hee is sicke againe. Is not drunkennesse in that Per∣son sinnefull, because so necessary?
A Sonne of Belial, by prophane education, and continuall haunting wicked company, hath brought Himselfe to that passe, that it is almost, as necessary to Him to sweare as speake: is Blasphemy in this man no iniquity, because cu∣stome hath brought upon Him this cursed neces∣sity?
Some men according to Saint Paul have so* 1.32 hardened their hearts, that they now cannot re∣pent: Is impenitency in them no sinne, because their owne corruption, and custome have made it necessary?
If this necessity, they talke of, were im∣pos'd by GOD, this reason were good: Usury is necessary, therefore lawfull. But sith men and states have drawne it upon themselves, by their corruptions, and custome of sinne, it doth rather aggravate, then extenuate the fault.
And certaine it is, Cities, Incorporations, and Townes have drawne upon themselves this ne∣cessity by such Ca••t-ropes of iniquity, as these:
Now if a pretended necessity springing from the hardnesse of mens hearts, and corruptions of the times bee sufficient to justifie Usury;
then by the same argument may any other sinne be defended.
GODS Law did ever intend, that men* 1.33 should lend One unto an other: In charity to the poore; In friendship to their equals, to receive the like curtesie againe. Which Duty, if men would performe, there were no necessity of Usury.
5. It may be, without taking up money of the Usurer, the Tradesman cannot live in that bravery, and fashion, nor drive His Trade to that height, nor purchase so much land, keepe such a Port, and state, &c. But let Him know, that it is a thousand times more comfortable to carrie a lower saile, to content Himselfe with mode∣rate and lawfull meanes of getting, to keepe a good conscience; then to inrich Himselfe by such practises, as be either forbidden, or doubt∣full. Better is a little with the feare of the Lord,* 1.34 then great treasure with trouble; trouble of con∣science, at the houre of death. Whosoever laieth this for his ground; that He will be rich: worth so many hundreds within such a time, &c. must needs ensnare His conscience with many ne∣cessary evills, whereof Usury is one. For they that will be rich, saith the Apostle, fall into temp∣tations* 1.35 and snares, which drowne men in perditi∣on, and destruction.
But the Law of the Land allowes it, saith the* 1.36 Vsurer therefore I hope it is lawfull.
1. I denie the consequent, No Law of man* 1.37 can abrogate, or disanull the Law of GOD. It
is not the Law of man, but the Law of God,* 1.38 which is the Rule of our Conscience. The Law of Man may cleare Thee from civill penalties in the outward Court, and before the Magi∣strate: but it cannot free Thee from the guilt of sinne in the Court of Conscience, and ven∣geance due by the Morrall Law.
2. But the truth is, the Vsurer doth grossely mistake. For Vsury is branded, and censurable both by 1. The Common Law. 2. Statute Law. 3. Ecclesiasticall Law.
1. The Common Law did anciently ex∣pose the Vsurer wholy to the Censure of the Church. But if the Vsurer died in this sinne, so that the power of the Church could extend no further, because He died out of the Church: yet then the Common Law discover'd and dis∣chargt its edge and hatred against this cruell sin; by taking vengeance upon Him in His goods, and posterity. Omnes res mobiles, & omnia catalla, quae fuerunt Vsurarij mortui, ad usus Domini Regis capientur, penès quemcun{que} inve∣niantur res illae. Haeres quo{que} ipsius hac eadem de causâ exhaeredatur secundum jus regni, & ad Dominum, vel Domines revertetur haereditas. Ran∣dulphus de Glanduilla, Hen. 2. lib. 7. cap. 16. His goods were all forfeited to the King, and His Lands returned to the Lords of the fee. Nei∣ther was this meant of any immoderate Vsury above ten in the hundred. For the same Glanvile, who was Lord chiefe Justice of Eng∣land, in the daies of Henry the second, teacheth,
that Vsury is committed, when a man having lent anything, that doth consist upon number, weight, or measure, doth take anything over, and above His loane, lib. 10. cap. 3.
Edvardo Rege. 1042. 37. De Vsurarijs.* 1.39
Vsurarios quoque defendit Rex Edvardus, ne re∣maneret aliquis in toto regno suo. Et si quis inde convictus esset, quod foenus exigeret, omni substantiâ propriâ careret, & posteà pro Exlege haberetur? Hoc autem asserebat ipserex, se audisse in curiâ regis Francorum, dum ibidem moraretur, quod Vsura radix omnium vitiorum esset
So detestable was an Vsurer in the eye of the Common Law, before any thing was provided by Statute.
2. As concerning the Statute-Law now in force; Men (looking onely upon the practise of Usurers, and connivency of Magistrates; not upon the Act of Parliament it selfe made Anno 13. cap. 8.) very much mistake, when they con∣ceive that Vsury hath any approbation thence.
For how can it be said to allow it? 1. Sith the Title of it, is an Act against Vsury. 2. And the statute it selfe calls it a sinne, and detesta∣ble, and forbidden by the Law of GOD. These are the words: For as much as all Vsury being forbidden by the Law of GOD, is sinne, and detestable: What security then hast Thou to thy conscience out of this statute, for thy practise of Vsury?
Nay how doth it permit it? Sith all Vsury above ten in the hundred is thereby to be puni∣shed
with the forfeiture of the triple valew of the principall: Nay, any at all, whether it bee after the rate of ten in the hundred, or under, though it were but of one in the hundred, is to bee punished with the forfeiture of the Vsury or increase.
Heare the Proviso of that noblest Parliament of late. Iacob. 21. in their Act against Vsury.
Provided, That no words in this Law contai∣ned, shall be construed, or expounded, to allow the practise of Vsury, in point of religion or conscience.
3. Even the latest Canons, Can. 109. ranke Vsury amongst notorious Crimes. Would have Usurers presented; severely pu∣nished; not admitted to the Holy Communion, till they be reformed.
Heare Our Churches Doctrine. Verily so many as increase themselves by Vsury, by ex∣tortion, by perjury, by stealth, by deceits, and craft; they have their goods of the Divels gift. Hom. For the daies of Rogation weeke. P. 2. P. ppp. jjj.
But both are gainers, may the Usurer say,* 1.40 both the Borrower, and the Lender. Here then is no breach of Charity, &c.
1. By the same reason, may a man justifie the* 1.41 Officious Lie to keepe His friend out of dan∣ger. But the truth is, both lying, and Vsury, whatsoever good, or gaine come by them, are starke nought, because forbidden in the Booke of GOD. Wherein, It is a constant Rule.
That we may not doe evill, that good may come there∣of.* 1.42
Suppose a fellow sell an 100. stollen sheepe to some of His Customers for 40 lb. Here they are both gainers: But yet for all that, there is notorious villany.
A Minister comes to a covetous Patron; gives Him an 100 lb. for a presentation to a li∣ving of an 100 lb. per Annum. Here, they are both gainers: But yet for all that, Here is execra∣ble Simony.
2. If the Borrower gaine by accident, in re∣spect of the event, or any accidentall concur∣rence; It is no thankes to the Usurer: For His contract neverthelesse is unequall, and un∣conscionable: Because Hee covenanteth for certaine gaine, out of the Borrowers uncer∣taine traffique, from that, which hath no fruit∣full use in it selfe, but is spent in using, (I meane money:) alwaies out of labour and paines, care, and cost, hazard, and perill to the Borrower. Whether He gaine, or loose, whether He sinke, or swimme; or whatsoever become of the principall, whether it be lost by fire, or be ta∣ken away by theeves, or perish by shipwracke, or miscarry by any other calamity; He having made an absolute covenant for the restitution of the principall with Vsury, is ready by vertue of the same to demand it, as well out of the losse of the Borrower, as out of His gaine. Now thus, Out of the uncertaine negotiation of the Borrower to covenant for certaine gaine, is not
onely uncharitable, but also unjust, and un∣equall.
Exc. But the Borrower, will the Usurer say, is in a manner sure to gaine.
Rep. Why then (say I) will you not adven∣ture with Him? For if the Lender will be content to hazard His principall; so that, He will not onely looke for no gaine, but when the Borrower gaineth; but also will be content to beare part with Him in His losse, He shall not deale by Vsury, but by partnership.
3. Where there is no justice, there can be no* 1.43 charity: but Usurious contracts are unjust, therefore uncharitable.
An usurious contract including an absolute covenant for gaine, provideth for the lenders certaine gaine, as well out of the Borrowers losse, as out of His gaine, which is very un∣equall, and unconscionable. But see the in∣justice of Vsury punctually and plentifully prooved by M. Fenton. pag. 98, 99, &c.
It is against justice, because there is a certain∣ty of gaine exacted, where no gaine is, or can be certaine.
4. There is a breach, and violating of chari∣ty, where an Act of charity, liberality and mer∣cy is turned into an Act of selfe-love, and cove∣tousnesse and cruelty: But in the exercise of Usury, The contract of mutation, which the Lord hath ordained, to be an Act of charity,* 1.44 and liberality, is turned into an Act of selfe∣love,
and covetousnesse and cruelty, therefore it cannot be denied, but charity is thereby violated, and liberality set to sale.
1. Into an Act of selfe-love: For whereas by the ordinance of GOD, and by the Law of nature, lending is free, and charitable, intending the good of the Borrower, and not of the Len∣der: Vsury hath made it illiberall, and uncha∣ritable, intending the lenders profit chiefly, if not onely, and seeking, yea covenanting for the lenders gaine, as well out of the losse of the Bor∣rower, as out of His gaine.
Lending was not ordained to be a contract of negotiation, but an Act of charity, and liberali∣ty, wherein the Lender should not respect His owne gaine, but the Borrowers good; Lending therefore upon Vsury is made an Act of selfe∣love, wherein the good of the Borrower is sought either not at all, or but in a secondary re∣spect, as it serveth or furthereth the Lenders gaine.
2. Into an Act of covetousnesse: For len∣ding hath these three fountaines:
3. Into an Act of cruelty. A good man,
saith David, is mercifull and lendeth. He then that perverteth this Act of Bounty and mercy to prey upon the want and necessity of His Bro∣ther, by covenanting absolutely for gaine by lending where He beares no hazard, is unmerci∣full. He that increaseth His riches by Vsury and interest, gathereth them for Him, that will be mercifull to the poore. By which Antithe∣sis, it seemes that Salomon sets mercy in oppo∣sition unto Vsury. See D. Fent. pag 106. And* 1.45 therefore Luther doubted not to call the Vsurer a Blood-sucker of the people.
Neither doth Usury onely deprave the Du∣ty of lending, but quite drie up the Fountaine of love, for all free loane. Whereupon saith Bucer, A man may seeme now adaies, to be ve∣ry* 1.46 impudent, That shall desire to borrow freely: for he that lendeth freely, doth for the most part make this account of His benefit, that besides the forbearance of His money, wherewith He doth pleasure the Borrower; He doth as much for Him besides, as if He gave Him the tenth part of the principall, out of His purse.
There are two Acts of liberality: Dono dare, & mutuo dare. To give freely, And To lend freely. And this latter, whereby one man doth supply the necessities of an other, is so necessa∣ry, that humane societies cannot stand without it. Usury having stept into the roome of free lending, you shall have Vsurers, and Patrons of Usury not ashamed to say, that Common∣wealths cannot stand without Usury. Without
lending indeed they cannot, but without Usury, they both might, and ought.
See before more particularly, how Usury offendeth, both against private, and publike charity: And is ever hurtfull either to the par∣ticular men that doe borrow, or els to the Body of the Common-wealth, whose common profit is in all contracts especially to bee regarded, pag. 4.
5. Charity is kinde, 1 Cor. 13. 4. Vsury cruell. Charity seeketh not her owne, vcr. 5. Vsury seeketh an other mans: what conjunction then be∣tweene Charity and Vsury?
6. Suppose the Borrower be sometimes hol∣pen by Vsury, yet notwithstanding all Vsury is against charity: for the practise of it cannot stand with charity, and our allegiance to GOD, who hath forbidden it, denounced His judge∣ments against it, made gracious promises to them that will doe the contrary: Nor with our charity, and duty to our countrey, unto which Usury is in many respects noy some: nor with that love, which wee owe to our owne soules; for whosoever putteth forth to Vsury, or taketh increase, He shall not live, but die the death. Nay Vsury is ever repugnant to charity, if not as a hurtfull thing to our neighbour, yet as an unjust thing in it selfe. As hath beene prooved.
But I hope, saith the Usurer, I may take use* 1.47 of One, that is richer, and wealthier then my selfe, &c.
1. If thy Friend be rich and wealthy, and* 1.48 have meanes of His owne, to supply His wants,* 1.49 He ought not to borrow. The HOLY GHOST in the Borrower presupposeth need. And by lending in such a case to agreedy dealer in the world, that seekes to ingrosse, and forestall commodities, and covetously to compasse great matters, Thou approoves thy selfe no good steward of GODS blessings; and may so make thy selfe in some sort accessary to His ambitious, covetous, and irregular humour, and practises; and maist give Him weapons to doe hurt withall.
But if thy wealthy friend have some present occasionall need, (as the richest may have) then if Thou canst spare it, lend in kindnesse, and neighbourhood, to receive like curtesie againe an other time. This in such a case, is considera∣tion enough for a Christian, because the Hea∣thens desired no more but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: For even sin∣ners,* 1.50 saith CHRIST, lend to sinners to receive the like: the like kindnesse an other time upon the like occasion. Humane society cannot stand without lending, and borrowing, saith Basil. And wherefore hath GOD made men sociable creatures, but to helpe one another upon such occasions?
In a word, To those, who have no need to borrow, we need not lend. But if we do lend, we must lend freely: or if we will looke to gaine, by those, which need not our help, we must deale with them, by some honest contract
of negotiation. For loane is such a contract, as GOD hath appointed to be free; and where it is not free, He hath condemned it with feare∣full* 1.51 termes under the name of Vsury. In hu∣mane societies, saith Ch••mnitius, GOD would not have all things set to sale; but He requireth that some duties should be free, which are de∣formed, and depraved, if either they be sold as things saleable, or set to hire as mercinary du∣ties.
2. Thou must wrong neither rich nor poore: but out of the uncertaine negotiation of the bor∣rower to covenant for certaine gaine in that manner, as I have said before; and to com∣pound for profit onely, and to pluck thy neck and shoulder from all perill, and losse-bearing is unjust; Ergo, &c.
3. Thou shalt not lend upon Vsury to thy Brother, saith the Law, Deut. 23. 19, Now saith Iewel, He is thy Brother, whether He be poore or rich. See before pag. 3. And He is against you a wit∣nesse of extraordinary validity, because you pretend He is for you.
Is not the use of money for a time worth mo∣ney?* 1.52 And therefore if no more be taken, then the use is worth, there is no iniquity.
1. So money which was ordained to bee the* 1.53 price of all wares, and the measure of all bar∣gaines, is made a ware, contrary to the nature of it. For Quod est medium venditionis, non potest esse terminus. Kockermans distinction therefore of 1 Mensura acqu••rendi: and 2. Modus acquirendi,
is idle, & petitio principij: A begging of the thing in question. For the question is whether money may be a modus acquirendi.
2. The Rule holds in buying and selling, but not in Acts of Charity; therein it is no good Rule. Thou bidst, for the purpose, thy poore neighbours to dinner: This is money worth, for it cost thee money, and saveth them money at home: yet Thou wilt not set a price upon it. Why? because it is a worke of charity. Thou bidst thy rich neighbour sometimes; that which He eateth is worth money: yet thou wilt take none, but think foule scorne it should be offe∣red. Why? because it is an Act of kindnesse, of neighbour-hood, of friendship. These things may not be bought or sold, the nature of them is to be free. Lending is a worke of mercy to the poore, of kindnesse to thy neighbour, and therefore is ever f••ee. It is an unjust thing to sell charity, or friendship, as it is to sell justice: both are naught; this is bribery, and that is Usury.
3. I insinuated before, the reason why mo∣ney cannot bee lawfully let, as well, as other things: none of those respects are incident unto money for which hire is lawfully required. For
But may not the Usurer as well receive 10 lb.* 1.54 for His 100 lb. in a yeare, as the Merchant by imploiment of His 100 lb. perhaps 20 lb. or above, nay I know not how much sometimes.
I justifie none iniquity, or exorbitancy in* 1.55 Traffique, or any other Trade. But for the pre∣sent instance, there is great difference. In the Merchants negotiation there is considerable: 1. Necessary cost. 2. Industry. 3. Hazard. For all which, or any one of them, a proportionable gaine may be allowed. But in Vsury none of these are to bee found, and therefore no gaine should accrew thence.
Doth the Vsurer take any paines for the gaine of His money? Nothing lesse. Vsury is a gaine∣full* 1.56 idlenesse, whereby men doe eate of the
sweate of other mens browes. For whether they eate, or drinke; sleepe, or wake; worke, or play; be sicke, or whole, &c. Their gaine by Vsury commeth in alike.
Is He at any cost for the bringing in of His gaine? Not of a halfe-penny.
Doth He beare any hazard? It is no part of His meaning. He requires a covenant of the Bor∣rower for the paiment both of the principall, and also of the use, at a certaine time. For perfor∣mance of which, before He will lend His mo∣ney, He will have what security He please: By bonds, statutes, pawnes, sureties one way, or other: so that if the principall, or any part there∣of be lost, it is lost to the Borrower, but it is safe to the Usurer, by the very contract of Vsury, ra∣tified by other securities.
But the use I take, may some of them say, is* 1.57 moderate, and more reasonable, I take not above 8. in the 100. or under, &c.
1. Why then I say, Thou art like a kind Thiefe,* 1.58 who having taken 40 s. from a man by the hie∣way, throwes back perhaps some ten groates to beare His charges home.
2. By so doing, Thou sin'st lesse indeed then those cruell, and cut-throat Cannibals that be∣sides after 10. in the 100. must have a loade of Coales or some other gratuity. But for all that, thou art not freed from usurious guilt, and greedi∣nesse. Suppose a malefactour at barre should cry out unto the Judge; that whereas His fellow-pri∣soners, some of them had stolne Horses, others
broke houses, others rob'd by the hie way, others killed men; He onely had but stolen a few sheepe: would this acquit Him? Nay He would be burned in the hand for a rogue at least.
Let no man blesse Himselfe in the willing practise of lesser sins: Any lien in willingly and delightfully will ruine the soule eternally. A Pen-knife thrust unto the heart will dispatch a man as well, as all the daggers that stab'd Caesar in the Senate House.
Modica sunt, saith one, quae perdunt nos. They be those little Ones, that undoe us. A moate in the eye, if it be not got out in time, may grow to a pin and web. A mans conscience may suffer shipwrack as well upon a sand, as upon a Rock. A Rock is a great One, a sand is a heape of little Ones. See my Exposition upon the Creed, pag. 134.
3. When men make question of moderate* 1.59 Usury, whether that be lawfull or not: They might as well make question, saith Chemnitius, whether moderate adultery, or moderate lying, or moderate theft is lawfull: For as Adultery, as lying, as theft are things in themselves and unlawfull, so is Usury.
But the Borrower, saith the Usurer, holds* 1.60 Himselfe much beholding unto me, tells mee that I very much releeve His necessity, that I helpe, and pleasure Him exceedingly, and that He could not tell what to doe without his money.
1. Even so, suppose a poore man lying by the* 1.61 high way, ready to die for hunger, and there comes a Baker by; from whom He intreates a penny loafe: The Baker meaning, (as Usurers commonly doē) to take advantage of the poore mans extremity, seeemeth unwilling to sell Him any; will not the poore man in this extreme ne∣cessity, bee most willing to give twelve pence, for that which is not worth two pence? Yes undoubtedly, He would in such a case with all His heart give six pence for a penny loafe, and thanke Him too, and tell Him perhaps He saves His life by it. But for all this, the cruelty of the Baker were much to be condemned, that would prey so unmercifully upon the bleeding misery of His dying Brother. Semblambly, A poore man in danger to be driven out of home, and har∣bour as they say, or in some other heavy distresse, would be ready to tell the Usurer, that He doth Him an high pleasure, that but for His money, He should be undone, &c. Yet for all this, the mercies of the Usurer in such a case, were but cruelty, as Salomon saith somewhere of all the wicked.
2. Thou easest and pleasures Him indeed with the principall for a time, but thou eatest Him up and plaguest with the use. Thou art in this point like Ioab, who took Amasa by the beard to kisse Him; but secretly thrust His sword into the fifr rib, and dispatcht Him: Thou comforts Him for a while with the loane; but by little and little, cuts His throat with the usurious lucre.
There is a worme in Latine called Teredo, that useth to breed in wood; which is very soft to touch, yet hath such steely teeth, that it eates into the hard timber: So the Usurer is a soft Beast, at first to handle, but in continuance of time, His Canniball chops devoure both flesh and bone, marrow and life of the Borrowers estate. The Ivy claspes about the Oke, as a lover and a friend, as though it would keepe it warme, and cherish it; but thereby it growes up, overtops the Oke, and sucks out the juice and sap, that it cannot prosper: So just doth the Vsurer plea∣sure the Borrower. See before pag. 3. And pag. 1.
3. The kindnesse and good Thou doest to the Borrower in this case, is like that, which Thou shouldest doe to a man in a burning Ague, in giving Him cold water to drinke: for the* 1.62 present it refreshes Him, but after it doubles His paine, and increaseth His danger. Where∣upon saith Saint Ambrose, The offering of the money is flattering and pleasant, but the exacting of Vsury is most cruell and unmer∣cifull.
4. Heare Saint Chrysostome in His time: (For the same cunning, and cavilling did also colour Vsurers covetousnesse then.)
Noli m••hi dicere, quaeso, gaudet, & gratiam habet, quod sibi soenore pecuniam colloces: id enim crudelitate tuâ coactus fecit.
Doe not tell me, saith He, that He is glad, and gives Theethankes, because thou wilt let Him
have money to use: For He is constrained by thy cruelty to doe so.
But what say you to the case of Orphans?* 1.63 What shall become of Fatherlesse Children, Widowes, and distracted men of their wits? Suppose all these, for their maintenance, have a stock of money left them: They being not able to imploy it, How shall they be maintai∣ned, but by the use of it? For if they spend of their stock, what will become of them when their stock is gone?
1. I might well bee excused from answe∣ring* 1.64 this Objection, at this time, because our common Vsurers, against whom, I now pur∣posely deale, and dispute are not Babes and mad men, except it bee spiritually, but many times of great understanding and wisedome in worldly matters.
2. If Vsury be sinnefull in it selfe, it is evill in all, though in some more, in some lesse. If it bee forbidden in GODS Booke, as it is in many places directly and clearely, what circum∣stances, good meanings, Motives, End, or any thing can make it lawfull? Except the royall* 1.65 Prerogative of the mighty LORD of Heaven and Earth, who is the Lawgiver, and whose holy Will is the Rule of Justice, interpose and declare it selfe otherwise, as in the present point, in the ••ase of strangers for a time.
Though therefore, the reliefe of the father∣lesse, and widowes be good, yet must it not be done by Vsury: For that is to do evill that good
may ensue, which is condemned by the HOLY GHOST, Romanes 3. 8.
3. The Usurer should rather aske what shall become of those Orphanes, and Widowes which have not stocke; for whom not withstan∣ding God doth graciously provide, though they use no unlawfull meanes.
4. There were Widowes, Fatherles, and men distracted amongst the Jewes; in that ex∣cellent Common-wealth, constituted by GOD Himselfe; and yet no allowance of Vsury unto them. If Almighty GOD in Wisedome had thought it meete to have tolerated Vsury in these persons, He might as well have men∣tioned the same, as He doth the toleration of lending to strangers. But it seemes to have beene so farre from GODS meaning, that in the very same place a 1.66 where He maketh a Law for the safe-guard of Orphanes, and Widowes, presently, and b 1.67 immediately upon it, is an∣nexed the Law against Vsury. Shall these then, who are so well provided for, by a speci∣all Law of GOD, bee transgressors of the ve∣ry next Law unto it?
5. Widow-hood, and Fatherlesnesse, in respect of the former state of having Husband and Parents, are a state of Humiliation, for the outward condition of this life: But by this un∣happy Trade of Vsury, they are made a state of exaltation. For whereas, in the daies of Husband and Parents, their stocke by honest, and lawfull negotiation, was subject unto mani∣fold
perills; and by perill unto great, and daily losses: The practise of Vsury now, doth pro∣vide by sufficient Bonds against all these, with great increase of gaine: bonds so sufficient, and absolute, that except GOD dissolve them beyond all expectation, they are strongly secu∣red against any disaster, or danger. So against GODS Ordinance, and intention, labour to turne a crosse into Blessing.
6. The LORD hath vouchsafed to Or∣phanes, and Widowes a singular priviledge of many very gracious promises peculiarly made unto them: * 1.68 let them therefore, or their friends for them, depend upon the gracious pro∣vidence, and promises of GOD, in the use of lawfull meanes: let them imploy their goods in some honest Trade, or negotiation, wherein they have as good cause to expect a blessing from GOD, as any other; Or let them deale by partnership: or by annuities for their lives; or purchase Lands, or Rents for ever; Or let some other honest course be taken, which wise men can easily devise, if they list, and were as hearty for GODS glory, as earthly gaine. And let not children bee tainted and maintai∣ned with the contagious, and insinuating sinne of Usury.
Exc. Well then, saith the Worldling, suppose for instance, the stocke bee imploy∣ed in Partnership, or any other course of Traf∣fique, in which the Orphanes stand to the ha∣zard of the principall; I would know in such
a case, what would become of the Fatherlesse Children, if the principall perish; were they not quite undone?
Rep. I answer, who are wee, that wee should exempt Orphanes from being subject to GODS providence, and ordering. Doe not all mens goods in the world depend upon GODS disposing and blessing? Doe not all men stand to His providence, and must be sub∣ject thereunto? Shall Orphanes then onely be exempted, that GOD shall have nothing to doe with their stocks; but blesse He, or curse He; they must be sure to be provided for, to have still so much certaine yearely; and to have their principall secured? This ought not to be. Especially, sith they are honoured with so ma∣ny excellent particular promises of GODS providence, and singular protection.
But some learned men allow it, &c. And so* 1.69 M. S. I come to survay your Hold for Usury, the weakest of many rotten Ones. You have marshal'd together eighteene.
1. Suppose all these were on your side, I* 1.70 oppose against them, many moe, very Wor∣thy, and Learned men in this Age, the testimo∣nies of all the learned in former Ages both Christian and Heathen, the censures of Coun∣cels, the authority of the Word of GOD. See before, page 1, 2. Nay heare your owne Man, as you pretend. Worthy Iewell: But* 1.71 what speake I, saith He, of the ancient Fathers of the Church, (having produced many
against Usury) There was never sect, nor state, nor degree, nor profession of men, but they have disliked it: Philosophers, Greekes, Latines, Lawyers, Divines, Catholicks, He∣reticks: All tongues, and nations have ever thought an Usurer as dangerous, as a Theefe. The very sense of nature proveth it to be so, if the stones could speake, they would say as much.
The generall Current, and consent of the Church for above this fifteene hundred yeares without Opposition, hath condemned it: what a weake hold then is your Handfull M. S.?
2. Divines pretended for Usury deale with it, as the Apothecary doth with poyson, wor∣king and tempering it with so many cautions, and limitations, that in the end, they make it no Vsury at all. See in this point, Dow. posit. of Usury pag. 53. Dow. pag. 273. &c. Fent. pag. 62.
After they have examined the point, and an∣swered the reasons, as they think, which are usu∣ally brought against Usury by the Schoole; yet in conclusion put all their limitations together, they agree upon no Usury at all, as it shall be defined by and by. Single them out one from an another; there is not any one of them, who dares defend any such ordinary Usury, as is amongst us practised with greatest modera∣tion. Fent. pag. 144. And therefore in the third place, I say:
3. Though some have somewhat declined
the beaten way in this point: 1. Transpor∣ted perhaps with some prejudice against the Truth, by reason of some weake * 1.72 Argu∣ments they have met with in the point. 2. Or because in detestation of Usury, some lawfull contracts also have beene condemned by some for Usury, which doe but coast upon it: Yet where dwelt that Divine, that to this day durst ever appeare in print, a Patron of Usury pro∣perly and truly so called, commonly practised at this Day in this Land, and condemned in the Booke of GOD: Which onely I ordinarily preach against, and at this time oppose. And thus define: (For upon purpose, I deferred the definition to this place, as fittest and most seasonable.)
Usury is a gaine above the principall, ex∣acted* 1.73 by covenant, meerely for liew of len∣ding. Or thus: Usury is gaine upon covenant, for loane. Or thus: A lending for gaine by compact. See how this definition distingui∣sheth Vsury from all other contracts: F. pag. 16, 17. Dow. pag. 157. &c.
This I say, is Vsury truly and properly so called, commonly practised now adaies; for∣bidden in the Booke of GOD, questioned by Covetousnesse, onely in this last Century past: And which I censure in my Book, and Sermons, and oppose in this Discourse.
There is, as some call it,
1. A liberall Vsury: Which is onely a gratuity or free Gift, which the Borrower
finding Himselfe much benefited by the Len∣ders* 1.74 curtesie, doth of His owne accord, in te∣stimony of His thankefullnesse freely give to the Lender, who neither intended when Hee lent, nor expected whiles Hee forbore, any gaine, much lesse covenanted for it.
But in this Case, although the Lender re∣ceive some allowance, above the principall, yet He committeth not Vsury: Because neither the contract, which He made, was lending for gaine: neither is the over-plus, which He re∣ceiveth againe, either covenanted, or intended, or required for loane: But a gratuity, or thank∣full curtesie, which may with good conscience bee given and received from an able and wil∣ling Giver.
There is also, as some call it;
2. A recompencing Usury, Which is no∣thing els, but a just recompence, which the Debtour, having through His default beene the effectuall cause of the Creditors hinderance, doth owe unto Him by the Law of nature. Un∣derstand it thus:
A man lendeth for a time freely; that time being expired, His money is retained longer
against His will; for want whereof. Hee is damnified. If the Lender receive an over-plus in this case above the principall, answerable to the dammage, which Hee hath suffered; this is no Vsury, but due and just satisfaction. No Usury, because increase is not taken for the loane. Forloane is a voluntary Act: whereas this money was not willingly lent, but retained by force after the time, it was due. If the Len∣der had beene damnified, by the forbearance of His money, during that time, which Hee lent it, He could in strict justice have exacted no satisfaction, because it was His owne volun∣tary Act: Volenti non fit injuria. But the time being come out; to receive over-plus for His losse sustained, is no Usury; but a just recom∣pence, Which is properly termed interest: Which may grow due, say Divines two waies:
Now in these two Cases, I may lawfully pro∣vide for mine indemnity, by exacting an equall recompence at thine hands: and thou art bound in conscience to make good this losse, or hinde∣rance, which through thy default I sustaine. But herein observe such cautions and conditions as these.
Such conditions as these, attended, and ob∣served, It is lawfull for the Creditor, in the forenamed Cases, to require an over-plus be∣sides His principall: which over-plus notwith∣standing, is not Vsury.
For there is great difference betwixt them:
When as therefore men pretend the honest* 1.75 name of Interest to their gainefull Vsury, it is pernicious Sophistry, saith Melancton.
Exc. But 1 may not I, may some Vsurer say, expect consideration for the gaine which I might have raised from the imploiment of my money, all that time, which I lent it; as well as 〈◊〉〈◊〉 recom∣pence post moram as they say after de∣lay, &c. 2 I might have imployed it my selfe, and perhaps have beene a good gainer: 3. And therefore I have forborne it to my hinderance, and by consequent deserve recompence even for the time of lending before delay.
Rep. I answer in order to the three bran∣ches of this Exception: To the
First: By no meanes. For by the ordinance of GOD, and Law of nature, lending is free and charitable, intending the good of the Bor∣rower and not of the Lender: and therefore ought not at all to become saleable and merce∣nary. An Act of charity should not be bought and sold. See before in divers pages: and Luke 6. 34, 35. Where lending is commanded, without providing for indemnity, in receiving the principall, if so their Brothers need truely require: much more without requiring an over∣plus above the principall: Which CHRIST saith in the same place even sinners would doe.
Now therefore, if there could no other reason be given, why men should lend freely, and not for gaine, yet this alone were sufficient, because GOD would have us lend freely, and not for gaine. It ought to have beene argument suffi∣cient to our first Parents, to restraine them from the forbidden fruit; That GOD had forbidden it; though they had had other rea∣sons to induce them to eare thereof. And as in that case, so in this, it is sinne, and folly, to enter into disputation against the Word of GOD, ac∣cording unto which, we shall be judged in the last day. The will of GOD, is the Rule of justice, and whatsoever He willeth, it is there∣fore good, and just, because He willeth it; and consequently simple, and absolute obedience must be performed thereunto, whatsoever ar∣guments, impediments, or inconveniences can be pretended to the contrary.
Secondly, Thou mightest, saiest Thou, have imployed it thy selfe. But how? By negotiati∣on and traffique? That's not likely. Usurers love not to be Adventurers; there is too much hazard in Traffique. But suppose Thou had∣dest, it may be thou shouldest have beene a loo∣ser: And therefore, set Thy feare of losse by adventuring, which Thou escapest by not ha∣zarding the principall, against thy hope of gaine, which Thou looked to receive, if thou haddest adventured: And let thy possible game, which Thou hast missed, bee recompenced with the possible losse, which thou hast esca∣ped.
And know this, that the hinderance of uncertaine gaine is not to be allowed after delay, much lesse before: Neither can uncertaine hopes be sold with a good conscience for cer∣taine gaine, especially to those that doe not buy them.
Thirdly, But thou forbearest thy money to thy hinderance. Lay aside usurious pretences. Canst Thou not indeed without thine hinde∣rance forbeare thy money? Consider then the state of Him that is to borrow.
1. Is He a prodigall, or riotous person? feed not His sensuall humour and vanity.
2. Is He a covetous dealer in the world, that seekes to compasse great matters; and to be an engrosser, or forestaller of commodities to the prejudice of the Common-wealth? Make not thy selfe accessary to His covetous practises: To such, thou oughtest not to lend.
3. Hath the party no great need to borrow? To such, Thou needest not lend: or if Thou doest; thine, hinderance, if Thou sustainest any, is meerely voluntary, and of such an hinderance, Thou canst require no recom∣pence of Him, who hath not beene the effe∣ctuall cause thereof.
4. Is the Party an honest man, and hath need to borrow? Then if the LORD hath* 1.76 enabled Thee to lend, Thou art bound to lend, Though thou shalt sustaine some hinde∣rance: yea sometimes, though thou shouldest
hazard the principall, Thou must willingly* 1.77 yeeld unto both, as imposed of the LORD: Neither must Thou seeke gaine out of His need, but lend freely for the LORDS sake, who requireth this duty at thy hand. See Deut. 15. 8. Psalme 112. 5. Matth. 5. 42. Luke 6. 35.
But before I passe out of this point, let mee acquaint you with an Hypocriticall Tricke of some cunning Usurers. Who if they heare a man preach, or argue against Vsury; and feele themselves toucht: They presently labour to dawbe and divert, by asking, whether Hee meane all Vsury: And they hope all Vsury in generall is not to be dislikt, &c. Is there not some Usury allowed by some Divines, as libe∣rall Usury, Recompencing Usury, &c. Where∣as they cannot but know in their owne consci∣ences, except they wilfully blind themselves, that this is nothing to the purpose; that they meddle not these waies, that hence, they get no patronage, or defence at all for their wret∣ched Trade, and practise of Vsury truely so called; poysoned by the covenant for certaine gaine, where it is uncertaine, whether the Bor∣rower shall gaine at all or loose. Which differs formaliter as they say, from these now mentio∣ned. For they are onely called so improperly, and equivocally, as we speake in the Schooles: * 1.78 As a dead man is called a man.
I say the 〈◊〉〈◊〉, (which is not to bee found in liberall, or recompencing Usury) empoisoneth. For it is said, Exod. 22. 25. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Non imponet is super cum Vsuram, you shall not impose, or lay upon Him Usu∣ry. And workes of mercy, bounty, or favour, as giving, and lending; are in their owne na∣tures not any waies capable of bargaine, and sale. See before many reasons to this pur∣pose scattered here and there, as occasion was offered.
But lest any mistake, and deceive them∣selves, and others: Consider the Latitude, which Divines give to this terme of Cove∣nant in the definition of Usury truely so cal∣led.
It may bee either 1. Reall, by pawne laid in both for principall, and Vse. 2. Or literall, by writing without pawne, as by Bill, Booke, or Bond. 3. Or Personall, without writing, in taking an other Man for surety be∣sides the Borrower. 4. Or verball, either by promise without surety before witnesse, or by secret stipulation, betweene themselves with∣out witnesse. 5. Or silent, without word, witnesse, writing, or pawne. And this silence: either 1 Of one Party, thus: An Usurer saith: I will lend you thus much money; but so much use you shall pay mee: The Borrower takes it in silence: this silence is a promise; and that promise a covenant. 2 Nay where there is silence on both sides, there may
bee an Vsurious covenant. A common Bor∣rower comes to a common Vsurer, to take up an hundred pound for three moneths: there is neither Bill, bond, promise, nor de∣mand for any use: Onely this: The Bor∣rower knowes, how that Vsurer never len∣deth▪ His money but for 10. in the 100. Like∣wise the Usurer knowes, how that Borrower never taketh up, but upon use. The very Act of borrowing, and lending in these two Parties, by common intendment, is a covenant for Vsury: And every cove∣nant whatsoever, whether it bee silent, or expresse; whether it bee bare, and na∣ked in promise; or invested by further se∣curity, if it bee a covenant for loane, it is Vsury.
I know in this point of Vsury, the wit of man, which will worke like a Moale, to get into the earth, is set on foote by Covetous∣nesse to spin out many fine and suttle threds, and to put forth many curious, and intricate Cases, which may seeme at first proposition, to promise nothing but faire dealing and conscionable contract, and so upon the sud∣daine puzel and perplexe a good Divine, not so experienced in worldly dealings, (For it is an easie matter to cast a stone into a Poole, which seven wise men will hardly get out.) But such Spiders webs, upon exacter search, proving envenomed with some ufurious bane, are so farre from disingaging, that they ensnare
their covetous, consciences in more deepe, and damnable Hypocrisie.
Some Instances in cunning contracts palliated with honest pretences, but upon true search, and due inquisition poysoned with usurious cruelty.
I. A man having no charge to leave be∣hind Him, or little care of them, lends out an hundred pound upon condition to receive a 110 lb. at yeares end, if He be then living; but if He die, His Executors shall receive but fourescore. This cunning case is corrupted with Vsury, say good Divines:
In a word, His case standeth thus: Hee* 1.79 hopes to live many yeares; and when Hee dies, Hee is sure to die but once: then shall His Executors pay twenty in the Hundred, of such summes onely, as then shall be abroad
at use. Under colour of this adventure, Hee lends His money, and lives upon the 〈◊〉〈◊〉 while Hee liveth. And so takes a course, by this covenant, to bee an Vsurer, if He live. No condition shall barre Him from it, but onely death. Then of necessity, He must die an Usurer by vertue of the same Covenant. And doth any such brainelesse Worldling thinke, that His Executors, after His death can redeeme His soule from that sinne, where∣in he died, by paying so much in the hun∣dred, of His wealth, which then shall be none of His? What suttle snares are twisted by greedy wits, to strangle their owne foules, more unobservedly? For in this case Usury is masked under the Habit of hazard, and adventure.
Or let the same Case bee put in respect of a mans Childe: besides proportionable ini∣quity, as in the precedent. It were seven to One, the Childe should bee living at the yeares end. And where the adventure i•• not sensible and proportionable, it is but a mockery.
II. A man ashamed of open, and visible Vsury, doth sometimes practise it mystically, under the colour of selling, thus: When the Seller exacteth an over-plus, more then the just value of the ware, onely for the time of forbearance, which Himselfe granteth to the Buyer.
By just value] I meane an equality be∣tweene
the wa••e, and the price, according to the common estimation, at the time of the sale. Which equality notwithstanding hath His latitude: Neither must wee thinke pre∣sently, that price to bee unjust, which is but a little under, or over the precise Arithmeticall equality. And therefore, the Seller who granteth time, so long, as He keepeth Him∣selfe within the latitude or compasse, of an ordinary, and equall price, may not be thought guilty of Vsury. And sometimes it may so fall out, (But in such Cases let men take heed, lest the deceitfullnesse of their owne hearts ensuare them) that the Buyer will not bee brought to give the equall price, unlesse Hee have time for paiment: In which Case, Though the Buyer may perhaps thinke, that He payeth the dearer for the forbearance, yet there is no Vsury; because the Seller doth not sell the dearer for time.
Onely for the time of forbearance] I speake so, because there may bee some other reasons, why the Seller granting time, may sell the dearer:
1. When He knowes, that, the value of the thing, will bee more at the day of pai∣ment, then at the day of sale; He may sell it for so much more, as in all likelihood, it will be clearely more worth; His charges, and hazard, (if there shall be any) and the impai∣ring, or diminishing of the thing, (if it bee subject thereunto) for the meane time being de∣ducted.
2. If the Thing which Hee selleth, hath a fruitfull use, and yet notwithstanding, that use shall bee in all likely-hood of no lesse price at the day of paiment, then it was, at the day of the sale, Hee may take so much the more, as the fruitfull use of the Thing, is in the meane time clearely worth, the esti∣mation of the hazard, and charge, being de∣ducted.
For the time, which Himselfe granteth to the Buyer] I add this; because if the Buyer detaining the price longer, then the appointed time, shall bee an effectuall cause of losse, or hinderance, to the Seller, Hee is to allow Him Interest, properly so called: And the Seller may with good conscience exact it of Him, especially, if not through want, but through negligence, and unfaithfullnesse, Hee useth delay.
But when a man selleth His ware, for more then the just price, onely because Hee giveth time to the Buyer, Hee doth indeed sell time, which is not His to sell: and so under the contract of selling, Hee committeth Vsury: For when the Seller is content to grant time to the Buyer for the paiment of the price agreed upon, it is all One, as if He lent that money, for such a time: For the volun∣tary forbearing of money due to Him for His ware, is all one with loane: And upon such forbearing the Buyer becomes a Debtor, and the Seller a Creditor. For example:
Thou sellest 〈◊〉〈◊〉 for 11. pounds to bee paid at the end of sixe moneths, which Thou wouldest have sold for 10 lb. in present mo∣ney. This men may call what they will, but it is Vsury, after the rate of twenty in the hun∣dred.
Some Divines more briefly thus: To sell wares for time, and in respect of time, to fell dearer, may bee free from Vsury.
1. Either in respect of the rising of the commodity so sold; if by the ordinary course of seasons, it will bee worth more, at the day of paiment of the money, then it was, at the time of sale, and delive∣ry.
2. Or in Case, a man can neither vent His commodity for present money, nor keepe it longer without corruption, or detriment to the ware; nor forbeare the money, without sensi∣ble prejudice to Himselfe. These may seeme valuable considerations, without compasse of this Teane.
But admit a man will sell dearer of pur∣pose, for the forbearance; and forbeare of purpose, onely, that Hee may sell dearer; without pregnant likely-hood of the market rising, at the time of paiment, or of damnify∣ing Himselfe by keeping His ware, or such like valuable considerations; that is Vsury. For it is all one, as if He lent so much money for lucre upon covenant.
III. Sometimes Vsury masketh under
the colour of buying, thus: A 〈◊〉〈◊〉 〈◊〉〈◊〉 unto an other 100 lb. The principall to 〈◊〉〈◊〉 〈◊〉〈◊〉 by 10 lb. a yeare in ten yeares; and ten pound a yeare over-plus, for the use of that money: This were extreame Vsury within the Statute. If therefore purposely to avoide the Statute, Hee should agree with the Borrower, to alter the nature of the con∣tract, thus: With the same 100 lb. He will purchase an Annuity of 20 lb. foe ten yeares of the same partie: This is * 1.80 bargaine and sale, yet is it the very same Thing, in Truth; differing onely in the parchment, and manner of covenanting; subject to the same iniquity, and inequality; poysoned with their joynt purpose of avoiding the penalty of Usury, by other conveiances. For if their purpose could by any precedent communication of borrowing or other pregnant circumstances be discovered, the same Statute would con∣demne them of Vsury. But yet, if simply, without any pretence, such Annuity of rent bee bought, and sold, wee cannot condemne it for Vsury. Howbeit, if it be an unreasona∣ble bargaine, or bee injurious unto any by circumstances, it may bee a breach of justice, and charity in an other kinde. See ••. pag. 120. Down. 173.
I will give you a taste of the truth of my two latter Answers to the last Objection, in some of the Worthiest of your supposed Wri∣ters of Usury.
1. Concerning your first Author, T. C. His Manuscript is punctually and exactly an∣swered by an Orthodoxe Learned Divine, who was ten * 1.81 yeares Professour of the He∣brew Tongue in Cambridge, D. Pie; in His Booke called, Vsuries Spright conjured: pub∣lished 1604. To which, for any thing I could ever heard, not any Vsurer, Eccle∣siastique or Laick, or any of their Proctors, Brokers, or Dependants any way, have re∣plied any one word. And therefore that Answer stands authenticall, and impregna∣ble, untill some man say something against it.
2. Concerning Bishop Iewell; I wonder at their foreheads, who offer to ranke Him amongst the Patrons of Vsury. J never read in Papist or other a more grosse and uncon∣scionable falsification. For Iewell, reade Him upon 1 Thess. 4. 6. You have Him here, or ought to have Him in your Churches: is as resolute, plentifull, and mighty against Usury, as ever any I read in my life. He is so punctu∣all, and precise; so universall and absolute a∣gainst it; that heare His owne words, Ibid. pag. 84. in the point of letting out the money of Widowes, Orphans and Men distracted.
He that taketh money to Usury, saith He, whether He gaine, or lose, or whatsoever hap∣pen unto Him, He must answer the whole stock He borrowed. And this is it that undoeth so many, and maketh them bankrupts. But this
happeneth not in this Case▪ He that occupi∣eth the Orphanes money or stocke, is changed onely to use it as His owne, and no other∣wise. If it perish or decay, or miscarry with∣out His fault, hee is not bound to answer it. Therefore as I said it is no Usury.
In the Sect. next before, thus: This is not Vsury (saith He) Why? Because Hee that taketh the stocke of the Orphan, or of the mad man or of the diseased Merchant i•• not bound to answer all adventures, and casualties that happen. As, if to like use I take a stocke in cattell, and they die without my default: or a stocke in money, or wares, and the wares be burnt by fire, or the money stollen without my default, I am not bound to answer the prin∣cipall: therefore it is no Usury.
Here now M. S. come you in with your owne wofull glosse: and will needs make M. Iewell, (for so you call Him here) the most noble, resolute, powerfull confuter and con∣founder of Vsury, that ever J read, to bee on your side.
If a man bee not bound, say you, to answer it, (as M. Iewell saith) I pray you in what case shall the poore Orphane, Mad man, or sicke Merchant be in, if their stocke bee gone? It had beene better for them, to have had their stocke lying still in their hands, and to have li∣ved of it, then when it is gone to starve for hunger.
These are your owne words M. S. Iewell
makes no such Quere; therefore Iewell is of none of yours; whom notwithstanding you put in your Catalogue, by such a trick of fal∣sification as I never read.
But what shall become of the Orphans, &c. say you if their stocke be gone? And what shall become of those, say J, that have no stocke at all? whom notwithstanding GOD graciously provides for, though they use no usurious, or injurious waies of getting. Who are we that we should exempt Orphans or any from being subject to GODS providence, and ordering? Let this bee the pestilent proper∣ty of Usurers, to sow, as Saint Chrysostome said, without land, plow, or raine; upon the matter not to trust GODS providence: See Fent. pag. 95. And further about Orphans; See before pag. 48. &c.
3. As concerning Perkins. His third condi∣tion Vol. 1. pag. 63. upon the eight Commande∣ment: which is this: Hee must sometimes be so farre from taking gaine, that Hee must not require the principall, if His Debtor be by in∣evitable and just casualties brought behind, &c.
In the place quoted by you in His Expo∣sition of CHRISTS Sermon in the Mount: Hee onely approoves liberall and recompen∣cing Vsury, which I handled before; not Usury truly and properly so called, common∣ly practised in this Kingdome, and that which J ever preach against and here oppose.
4. Willet is an other in the Catalogue. Heare His owne words cutting the heart of Usurers, and Vsury properly so called, com∣monly practised amongst us.
This consideration, saith He, given for the loane of money must not be ex pacto: it must not be agreed upon by any certaine compact, and covenant: as the words here are lo cesimun: non imponet is: you shall not impose, or lay upon Him Vsury. As it is not lawfull to co∣venant with a man certainely to pay so much: Hee may loose by using this money; He may be in hazard also of the principall: For the Lender then to receive a certaine gaine, where the Borrower is a certaine looser, were not iust: Such indifferency must bee used, as that the Lender bee contented; as to bee made partaker of the gaine that commeth by His money, so also proportionably to beare part* 1.82 of the losse. Upon Exod. 22. pag. 52.
5. Iunius is an other in the Muster. But Hee also so tempers Vsurious poyson with Cautions, and Conditions as Hee calls them; that He breakes the neck of the common Vsury practised amongst us.
The first is in respect of the manner (The Transcriber saith measure, falsely, if not cunning∣ly)▪ And what is that? That the Creditor doe not impose it unhonestly: but the Debtor ho∣nestly offer it.
In his third Caution He hath this passage: If no profit bee reaped by the Debtor, let the
Creditor take heed lest Hee cruelly covet and feeke after His owne commodity, from the unprofitable labour and losse of the Deb∣tor.
6. Zanchius is also urged. But heare Him also so farre from approoving our common Usury, that Hee utterly confounds in these words: Imo hoc aio esse debes O Creditor, ut si debitor non solum non fecit lucrum, sed etiam accepit damnum, tu quo{que} damni aliquid cum illo patiaris: hoc enim postulat aequitas & charitas. Jn 4. Ad Eph. pag. 446.
Nay thou oughtest saith He, O Creditor to bee of this resolution; that if the Debtor, not onely make no gaine; but also hath received losse, thou also must suffer with Him some part of the losse. For this equity and charity require.
7. Your Virell allowes that gaine for len∣ding, which is taken according to order of Law. But our Lawes, as appeares clearely before, pag. 32, 33, &c. take no order to take any Vsury; Nay our Common Law abominates it; Our Statute Law calls it a detestable sinne and forbidden by the Law of GOD; Therefore we of this Land must take no Usury.
8. That Polanus doth not approove, but condemne Usury properly and truly so called, commonly practised in this Kingdome, seemes manifest, by divers passages:
He makes three kindes of it: 1. Gainefull. 2. Recompensing. 3. Punishing.
The first, which is the same with our com∣mon Vsury, practised in this Kingdome, Hee thus defines:
a 1.83 Gainefull Vsury is theft, which is com∣mitted, when any receives gaine, onely in liew of lending, having received no dammage, by any fault of the Borrower.
Under this kinde He compriseth all b 1.84 kinde of Usury, which either oppresseth the poore; or makes men poore. How Vsury bites, and makes men poore; See before, page 10. &c.
His reasons for which Hee damnes this Vsury are many: The sixt declares His mea∣ning against that Usury which we pursue with just indignation, and is commonly and cursed∣ly practised almost now every where. It runs thus:
This gainefull Vsury is wicked; sith by it, the Vsurer seekes gaine out of that thing, the losse, or hazard whereof belongeth not unto Him; but to the Debror. It is an un∣just thing to gape for gaine, out of an other mans losse.
Mutuatio debet esse gratuita: i.e. abs{que} ali∣cujus lucri exactione, & captatione, aut doni accep∣tatione. Ibid. pag. 4473.
Borrowing ought to bee free, without ex∣action, and captation of gaine, or receiving of gaine.
It seemes by such passages as these; that Pola∣nus was no Patron of Usury properly so called.
At the Close, let me speake unto you; as Saint Austin did sometimes unto His Hearers: Haec fratres charissimi, si vobis ego non dixero ra∣tionem pro animabus vestris in die judicij redditurus ero. Quicun{que} autem magis mihi irasti, quam se emendare voluerit, non habet unde per igno∣rantiam se possit ante tribunal aeterni judicis ex∣cusare, ut dicat se non fuisse admonitum, nec a malis prohibitum, nec ad ea, quae sunt DEO placita castigatione, & admonitione frequentissi∣mâ provocatum. Sed credimus de Domini mise∣ricordia, quod ita negligentibus quibus{que} inspira∣re dignabitur, ut sibi magis, vel peccatis suis, quam medicamentis sacerdotatibus irascantur. Et quomodo aegrotantes a carna libus med cis requi∣runt sanitatem corporum, sic a spiritalibus medi∣camenta desiderent animarum. August. De Tem∣pore Serm. 243.
Beloved Brethren, if I admonish you not of these things, I must give an account for your soules at the day of judgement. But who∣soever will rather bee angry with mee, then amend himselfe, hath no excuse for his ig∣norance before the tribunall of the eternall Judge: as that hee was not prohibited from evill, or provoked to good. But our trust is in the mercy of GOD, that by His holy in∣spirations Hee will so worke upon all negli∣gent hearers, that they will bee angry rather with themselves and their sinnes, then with the wholesome medicines of the Priest: And as sicke people desire health of body from
their carnall Physitions, so they will earnestly desire the health of their soules from those that are spirituall.
Of whom Beza some∣where pro∣fesseth, that the Sun never beheld a more divine mee∣ting since the Apostles times.
See the same also in corrup∣ter Times. Wet. Book pag. 61.
〈◊〉〈◊〉 pag. 7••.
Ob. 1.
Answ. 1.
See Fenton pag. 45.
Chrys. Hom. 12. Ope. imper.
Hence that of Iunius. Nos ita{que} dam∣nandam esse, & intolerandā omnem Usuram non possumus adfirmare, sed eam solùm quae pauperes, egen∣tes opprimit, aut pauperes facit. Appen. ad Expl. Levit. pag. 115.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Basil, Hom adu. Usur.
Ob. 2.
Answ. 1.
Ezek. 18. 13.
Ob. 3.
Answ. 1.
Mat. 19.
Lib de Tobia. cap. 15.
Lib. 6. in Ezek. 18.
Lib de 〈◊〉〈◊〉 obia. cap. 15.
Ob. 1.
Answ. 1.
Hottom. de Usur. 85. Arist. Eth. 1. 1.
Ob. 2.
Answ. 1.
Ob. 3.
Answ. 1.
How money is unlawfull. See Fent. pag. 93, 94. Because it may be subject to cavill. Ibid. pag. 65.
Commodatorius non tenetur de casu fortuito, nisi se adstrinx∣erit. Cod. lib. 4. Tit. 23. Leg. 1.
See Dow. How usury differs from the lawfull contract of Location. pag. 158.
Ob. 4.
Answ. 1.
P. 2. Loc. Com. pag. 462. Hoc argumento posset tota Scriptura ever∣ti. Mundus enim non vult in viâ Manda t••rum Dei am∣bulare. Num igitur ducendū est, non esse peceata, quae in Scriptura ma∣nifestè dam∣nantur?
Rom. 2. 5.
Luke ••. 34. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
Pro. 15. 16.
1 Tim. 6. 9.
Ob. 5.
Answ. 1.
Accusatio enim potius, quam executati••, vbi mand••ti est a perta trans∣gressio Aug de Civit, Lib. 14. 14.
Leges boni Re∣gis Edvardi▪ qui regnare coe∣pit Anno Sa∣lutis 1042. Pro Exlege For an Out∣lavv, and so de∣prived of the Kings protecti∣on, and of His Lavves.
Ob. 6.
Answ. 1.
Rom. 3. 8.
It is unjust to exact any mo∣ney, where there is no cō∣mutation: But the Usurer the principall be∣ing safe doth exact Vsury, not for any thing els, but for the Duty of lending on∣ly.
Ergo, It is un∣just to exact Usury.
Psal 37. 26. & 112. 5.
In Decalog.
Append. in Psal. 15.
O••b. 7.
Answ. 1.
Deut. 15. 7, 8, 9
Luke 6. 34.
Loc. Com. de pauper. cap. 2.
Object. 8.
Answ.
Object. 9.
Answ.
See F pag 95.
Object. 10.
Answ. 1.
Vsura est pec∣catum non so∣lùm in se, sed etiam secundum se, & ideo ex nullâ circum∣stantiâ benè potest fieri. Schoolemen.
Object. 11.
Answ.
Oblatio quidem blanda, sed im∣manis exactio. De Tobia Cap. 12.
Object. 12.
Answ. 1.
Deut. 23. 19.
Exod. 22. 22, 23, 24.
Ver. 25.
Exod. 22. 22. & 23. 24. Deut. 10. 18. Chap 14. 29. Chap. 18. 11. 14. Chap. 24. 17. 20. Psal. 94. 6. Psal. 146. 9. Esa. 1. 17. 23. Chap. 10. 2. Jer. 5. 28. Chap. 7. 6. Chap 22. 2. Zach 7. 10. Mal. 3. 5. 2 King 4. Mat. 23. 14. Jam. 1. 27.
Object.
Answ. 1.
Iewell upon 1 Thess 3. 6. pag. 80.
As that ta∣ken from bar∣rennesse of mo∣ney 3 and the unnaturall brood of Usu∣ry, &c. See Fen. pag. 64, 65.
Usura est lu∣crum ex mutuo pactum.
Si debitor usu alieni aeris mul∣tum lucratus est, vel mag∣num aliquod damnum evasit, certè ex grati∣tudinis Officio, & mutuo re∣spectu Charitatis obligatur ad antidora. Rectè enim dititur in officijs charitatis, primo loco illis tenemur obnoxij, a quibus nos beneficium accepisse agnoscimus. Nec peccat Creditor accipiendo, quia differunt officia charitatis, & Usura. Sed sic levissima occa∣sione quaeritur praetextus Usurae. Si enim vel pactum, vel intentio precedit, quòd alias non erat mutuaturus, nisi ultra sortem gratitudinis loco aliquid accipere••, revera est Usura, quocun{que} nomine appelletur. Chemnit. Loc. Com. de paup. pag. 458.
Lib. de definit. appellat.
Wee are not bound to lend to any but to such as be in want:
And to such, if we be able, we must lend free∣ly.
If a man should set out the excellency of a man, dis∣coursing of the admirable fa∣culties of the soule, the goodly stru∣cture of His Body, &c.
Were not Hee ridiculous that should step out and say: But I hope He meanes not all this of man in generall. For a dead man hath no such thing, &c So, &c. The venome and poyson of the unconscionable covenant and by consequent that life of iniquity is not found in liberall, or recompencing Usury.
See for this purpose, Clay∣tons case ad∣judged to be Usury. L. Cooke p. 5. of Reports.
Though it be bargaine, & sale: yet upon the matter, the very same, un∣der an other forme of cove∣nant: The very in∣tention ma∣keth it Usury.
See his Book against Usury. pag. 46.
Nempe si Cre∣ditor saenus non imperat turpi∣ter, sed debitor bonestè offert. Sin autem uti∣litas ad ipsum nulla redierit, ut caveat Cre∣ditor, ne ex la∣labore inutili debitoris sui, aut etiam dam∣noso suam ipsius utilitatem in∣humanè captet. Appen. Ad Expl Levitici. pag. 115.
Usura lucra∣toria, est surtū quod committi∣tur, cum quis lu∣crum accipit so∣lius mutuation is causâ, nullo dā∣no accepto cul∣pâ ejus, qui mu∣tuò sumpsit. Pol. Syntag. Tom. 2. cap 63. pag. 4476.
Hujus species est Usura Usu∣rarum, &c. item omnis Usura, quae pauperes opprimit, aut pauperes facit. Ibid. Quia est ini. qua, quum per eam Usur arius quaerat lucrum ex eâre, cujus damnum, aut periculum ad eum non spectat, sed ad debiterē. Injustum est exalterius dam∣no lucrum cap∣tare Ibid pag. 4477.