A TREATISE OF usury, DIVIDED INTO THREE BOOKS: The first defineth what is Usury. The second determineth that to be unlawful. The third removeth such motives as persuade men in this age that it may be lawful. By ROGER FENTON bachelor of Divinity. Chrysost. super Matth. Foenerare, non fratri, sed Domino. Hae enim usurae regnum; illae Gehennam praeparant. AT LONDON Imprinted by FELIX KYNGSTON, for William Aspley. 1611. TO THE RIGHT HONOURABLE SIR THOMAS EGERTON, KNIGHT, Baron of Ellesmere, Lord high Chancellor of England, one of his majesties right Honourable privy Counsel, and my singular good Lord. RIght Honourable: the questions and controversies wherewith the Church is in continual travel, and which do make our pens so rheumatic in this writing age; be for the most part, matters of speculation, residing in the brain, the coldest region of the little world; and dissolving Religion into matter of discourse, not of devotion. For every man's Quaere is, not as of old, in the days of a Luk. 3. 10 John Baptist, of b Luk. 10. 27. Christ, of his c Act. 2. 34. Apostles, What shall we do? but what shall we think? As if the Gospel were not Christiana lex, but Christianum dogma. Whereas cases of conscience, do sleep with conscience, which of all questions are most profitable, and least regarded: so loath are men to restrain affection, and limit their actions. Yet of all such cases this of Usury hath most need to be revived. For in this, the custom of sinning doth not only take away the sense, but the acknowledgement of sin: so as the mere practice of it, hath made an apology for it; without either sound reason, or good authority. This very inducement which persuadeth others that usury is lawful, hath moved me to write against it, fearing the loss, not only of so much truth (which I would willingly help to redeem:) but of so many souls amongst whom I live. So far therefore I do presume in this business to trouble Israel, as to tell the people what 1. King. 18 18. is the truth in this point, and the peril of their practice. Wherein they have so entangled themselves, that they know not well how to leave it. If we than cannot devise to make that good, which they have made necessary, they will be angry. Seeing them then thus securely to lull their consciences, I am bold a little to disquiet them. A business so thankless, and distasteful as this must needs be, (right Honourable and my singular good Lord) doth require a worthy Patron. And of whom may I desire the patronage of my labours, but of your Honour? whose I am, and to whom I owe all duty and service. Of whom should I desire the patronage of these labours, but of your Honour? who are in place to reform this sin, more by the very countenance of Authority, than we can with all our endeavours. From whom can I receive more encouragement in these labours, then from your Honour? whose integrity hath manifested itself with zeal against this sin: whose judgement will not be blinded with those forged distinctions of poor and rich borrowers: of toothless and biting usury, etc. Let these poor endeavours than find favour in your eyes; not for their own sake, being unworthy: but for the cause which I have in hand. It is the cause of God, and the common good, worthy so honourable a Patron. Whom I beseech the Almighty long to preserve, a protector of good causes in conscience and equity. Your honours most bounden and dutiful Chaplain, Roger Fenton. THE PREFACE TO THE CHRISTIAN READER. GEntle Reader; thy gentleness and patience is much exercised in these times, with the multitude of books; which men say they be commonly forced to put upon thee by the importunity of their friends. This to me is no reason at all, for the publishing of this Treatise: and indeed they whom it most concerneth do least desire it. Yet three motives I have which may make sufficient apology for me. 1 First, seeing the harvest of Usurers in these parts to be great; at S. Stephens in Walbrooke, the heart of this City, I began to labour in this point. By their flocking to those Sermons, they seemed to be ripe, and even a joh. 4. 35 white unto the harvest. But when men assemble after the b Act. 17. 21. Athenian fashion, it commonly proveth a solemn hearing, and a solemn forgetting. Notwithstanding, perceiving afterwards those poor labours to have made some little impression in the minds of the better sort; I was moved to make this impression. Wherein after my plain manner, I have somewhat, not as I would, refined that which then was more rudely delivered: cast it into a new mould and method, that thou mayst carry the whole frame in thy view, and pass more easily from point to point: and added much more, then in the throng of other business I could, at that time, think upon. 2 A second motive hath been the mistake of some which have occasioned misreports; as if in the end I concluded nothing, or defended some kind of Usury. Which censures I may impute unto two causes. The first is ordinary upon these occasions, where the most attentive may say, as wise and learned Eliphas said of himself: * job 4 12. Mine ear hath received a little of it: for part of that which is only spoken, must needs vanish in the air, before it can be fully fastened in the mind, and fitted to the whole frame and current of speech. 2 Another cause is, the narrowness of the point in question. For every question, as the learned know, hath a point which is scarce divisible. Coming therefore precisely to cut an usurious act from such lawful covenants as do next adjoin upon it, the passage is so narrow, that we might easily mistake, or be mistaken. Notwithstanding thus far I must appeal to the auditory which then was; that when I came to those straits at the conclusion and determination, of the question, purposely to avoid these misconceites; I did often iterate and beat upon the main conclusion, that, all Usury properly so called, is simply unlawful. But howsoever it was either not so exactly delivered, or distinctly taken, as it should: the only remedy which now remaineth, is to exhibit the effect of that in writing which then was said; that such as make scruple, may at their pleasure, and best leisure, pause upon it. 3 Last of all, after that by the handling of this point in public, I had troubled the waters, and stirred up the minds of men to give censures according to their several apprehensions; I have taken time to observe what yet could further be urged for Usury; or objected against that which then was delivered: whereby being better furnished by reason of matter newly ministered, then at the first I could; I thought it part of my duty to give better satisfaction in this kind, and to meet with such probabilities as are, or may with any colour be suggested. Amongst which, if I could find any ground of reason, for the defence of any Usury at all, I would most willingly either acknowledge it, or be silent. Hitherto I have found none; but discharged my conscience according to my simple knowledge. My reward shall be manifold censures no doubt: for what other can be expected in so unpleasing a matter, and amidst so many adversaries? Adversaries, I say, not in affection or argument, but in action. So as being thought over busy in this business, I fear I shall be occasioned to take up that text of Scripture, though I hope in a far other cause: Thus was I wounded in the house Zac. 13. 6. of my friends. Be they friends, or be they strangers, who are any ways touched in this point; let them strike with the tongue, and wound at their pleasure; I shall think myself well paid, if I can cause their but to feel those wounds which they have made in their own consciences, by this sin. This Treatise (Christian Reader) is not so large as to require a table, though it be tedious. Howbeit to give thee some direction (besides the order of the general heads before the book) the last chapter being a brief of the premises, with reference in the margin to the several places, where the points be more fully handled; may serve in stead thereof. So wishing that thou mayest read with a single eye; judge of what thou readest without affection; and conform thy affection to right judgement: I commend thee to the spirit of grace, whom I beseech, according to the right, to guide and sanctify the actions of thy life. Graise Inn, August 20. 1611. R. F. A TABLE OF THE CONTENTS. The first book declareth what is Usury. Chap. 1. An entrance into the matter. Chap. 2. Describeth Usury by the names. §. 2. Of the Latin and Greek names. §. 3. Of the Hebrew names, with the difference which hath been thence taken. Chap. 3. Propoundeth the definition of Usury. Chap 4. Explaineth the first term of the definition, Loane, or mutuation. § 2. Of the first conclusion thence inferred, to the present purpose. §. 3. Of the second conclusion. Chap. 5. Describeth the second term Covenant. Chap. 6. Describeth the third term lucre. Chap. 7. Arecapitulation of the premises. The second book; whether it be lawful. Chap. 1. Propoundeth the places of proof from authority. Chap. 2. The testimony of Scripture, proving it simply unlawful. §. 2. The first exception against that proof, answered. §. 3. The second exception answered. §. 4. The third exception answered. §. 5. The degree of sin wherein Usury is placed, in Scripture. Chap. 3. The testimony of Fathers. 1. Of the East. 2. Of the West. Chap. 4. Of the later times of ignorance. Chap. 5. The testimony of the Church assembled in Counsels. Chap. 6. The testimony of Divines in reformed Churches. §. 2. The bitter innectives of Master Calvin against usury. Chap. 7. Of their assertions who have most favoured usury. §. 2. Of the point of difference amongst Divines. Chap. 8. Of the testimony of the Heathen. 1. Philosophers. 2. Historians. Chap. 9 Of the three laws: 1. Canon. 2. Civil. 3. Common. Chap. 10. The first reason from the nature of this question. Chap. 11. The second reason from scandal. Chap. 12. The third reason from the statute law now in force. Chap. 13. The fourth reason proveth it to be unnatural. Chap. 14. The fifth reason proveth it to be ungodly against the first table. Chap. 15. The sixth reason proveth it unjust against equity. §. 1. In respect of the three terms of the desinition. 1. Loane. 2. Covenant. 3. Lucre. §. 2. In respect of the three parties whom it concerneth. 1. Lender. 2. Borrower. 3. Commonweal. Chap. 16. The sixth reason proveth it unchristian against charity. The third book answering such motives as persuade some to the lawfulness of it. Chap. 1. Propoundeth the motives and reasons which persuade men in this age that Usury may be lawful. Chap. 2. Answereth the first motive, from custom and connivency. Chap. 3. Answereth the second motive from pity concerning 1 Orphans, 2 Widows, 3 Old men past trading. Chap. 4. Answereth the supposed necessity of Usury. Chap. 5. Of such cases as seem usurious without appearance of unjustice or breach of charity. Chap. 6. Answereth reasons brought in defence of Usury. 2. Proofs wrested from Scripture. Chap. 7. Arecapitulation and enforcement of the premises. §. 1. From authority. §. 2. From Reason. §. 3. The Conclusion. A TREATISE OF usury, DIVIDED INTO THREE BOOKS: The first defineth what is Usury. CHAP. I. An entrance into the matter. WHen the Son of God spoke unto us in his own person conversing as man amongst men, his preaching was with that majesty and authority, that it was evermore admired, but never derided, saving only when he spoke against the service of Mammon; then, and only then, a Luk. 16. 14 the pharisees which were covetous mocked him. Small encouragement therefore and little fruit of their labours are simple sinful men like to have, who presume either to preach or write against so gainful a trade as Usury is. Notwithstanding though we seem to labour in vain and catch nothing; let us at the b joh. 21. 3. vers. 16. Lords commandment cast out again on the right side of the ship. For jesus standing upon the shore may happily perceive some school of fish coming on that side, whereof there is some hope. And verily by their coming there should be great hope: for they will resort in great multitudes to hear these points discussed in pulpits. They will suffer us to cast the not over them; but alas they run themselves so deep into the mud, that it cannot get under them to drag them out. Son of man (saith God to c Ezek. 33. 31. Ezechiel) they come unto thee as the people useth to come, and my people sit before thee, and hear thy words, but they will not do them: for their heart goeth after covetousness. Besides this, the gain of usury is a sweet gain, without labour, without cost, without peril; omne tulit punctum; it is so pleasant and so profitable a sin, as I persuade myself we shall never be able to persuade, though we do persuade, that it is a sin. Add moreover unto this, that supposed necessity which the custom of usury hath brought upon us, in so much as city and country is not only stained with this sin (for stains may be got out) but it is so woven and twisted into every trade and commerce, one moving another, by this engine, like wheels in a clock, that it seemeth the very frame and course of traffic must needs be altered before this can be reform. d Mar. 16. 3 Quis removebit nobis hunc lapidem? That we may forsake this sin and come unto Christ by repentance, who shall remove this great difficulty, which the iniquity of times by the continuance of this practice hath laid in our way? For if the wise Sages of the Parliament in the 13. year of Queen Elizabeth, utterly condemning all usury, in the preface, as unlawful; were fain notwithstanding, in the end of that Statute, to tolerate the same in the case of Orphans, according to the custom of Cities; and to pass it over unpunished; because they knew not conveniently how to reform it: how much more may it seem in many other cases necessary to be tolerated in these days? since it hath eaten deeper into the hearts of Mammonists, and spread further in all commerce betwixt man and man, than ever, amongst us, in any age before. And if law or Magistrate by dispensation or connivence, shall seem but to suffer it; it will presently be conceived of, as a thing allowed. For vulgar conceits make but small difference betwixt a toleration and an approbation. This advantage than hath the devil gotten against us in the practice of this sin; that usury being a trade so gainful in respect of others, so easy, so cheap, so secure without all labour, cost, or peril: being also so common, behoveful, and requisite in these times for all occasions; it hath bewitched even the consciences of those who are most tender in other matters. For if the heart and affection be once won and possessed, it is an easy matter even by slight proofs to turn the brain. e Senec. in Hercules surens. Quod nimis miseri volunt hoc facile credunt: Strong affection giveth great credit to weak arguments. Whereas indeed it ought to be chose; that our natural proneness, and the general inclination of the world to this practice of Usury, should move a well tempered judgement the rather to suspect the lawfulness of it, and the soundness of such reasons as are brought for it. Perit omne judicium cum res transit ad affectum: Men looking by affection look through a mist, or a painted glass; to whom nothing appeareth in his native colour and due proportion. But were it not for these gross fogs, which vapour out of the neither part of the soul, and from that which the Apostle calleth the f 1. Tim. 6. 20. root of all evil; those fallacies and sophistications which the patrons of usury have cast upon us, I conceive might easily be dispelled, both by the beams of God's law, and by the twilight of nature. Let us therefore do our poor endeavour to inform the understanding by evidence of argument; desiring God, by his spirit of grace, to reform the affection, which is the greatest work in this business. What that usury is whereof we dispute; and Whether it be of itself simply unlawful; be the two points wherein the understanding desireth to be resolved. And it is a question which of these two questions is the greatest. This is certain, both are necessary. The former therefore must not be omitted, or slightly passed over: neither in respect of the name, nor of the nature, seeing it may be somewhat enlightened by the very name, though more fully determined, by the received definition of usury. CHAP. II. Of the names of Usury. WHen Adam in Paradise did first give names unto things, they were so significant and expressive, as if nature herself had spoken. But since the fall, a liberty remaining in the sons of Adam to term things as it pleased them to conceive, God likewise and his Angels vouchsafing to speak with the tongues of men, to the end that men might conceive them: ever since, I say, names have been no definitions. Yet notwithstanding they may hold the candle, and give some light unto that whereof we are to entreat: which in our English tongue is most properly termed by the name of Usury. But whatsoever the matter is, the more that men have been in love with the thing itself, the more have they purposely declined and avoided this name. They will not call it Usury, lest the word should be offensive, or make the thing odious. But it shall be termed Use or Usance in exchange, which are smooth words as oil, never abiting letter in them. Or it shall be called Interest, or Consideration, which are civil and mannerly terms, though by them they mean indeed nothing else but plain Usury. This device was not first hatched amongst us in England; for it is the very same which Master Calvin hath observed before among the French. His words be these: g Calvinus in Ezek. 18. Quia nomen foenoris Gallis fuit incognitum, nomen usurae etiam, detestabile fuit. Galli ergo excogitarunt novam astutiam quasi possent deum fallere: nam quia nemo poterat ferre usura nomen, posuerunt interest. I am quid significat interest? omne genus foenoris: Because the proper Latin name of Usury (foenus) was uncouth to the French, therefore the name even of usury was detestable. The French therefore have devised a new trick, as if they could beguile God himself. For because no man could endure the name of usury, they have put in place thereof, interest. Now what doth interest with them signify? All kind of usury. Men be never good who use to change and shift their names; but are ever held for suspected persons and shifters themselves. For he who is ashamed of his name, his name commonly may be ashamed of him. So is it proportionably in professions. He that is an Usurer, if you ask what he is, or of what profession; he would not be so termed: what shall we call him then? Some call him a man that putteth out his money. That is ambiguous. He may put it out, as the Lion putteth out his claw; and then well is he that cometh not near his grate. But most commonly he is termed, one that liveth upon his money; which is without all exception. For as the Gentleman liveth upon his rents; the poor labourer upon the sweat of his brows; the Merchant and Tradesman upon their adventures, skill, and industry; the Husbandman and Grazier upon the increase of the earth, and breed of cattle; so doth the Usurer live upon his monies: which do yeane, and foal, and calf unto him once in six months at the furthest. And because the name of Usury doth trouble men's consciences much more than the thing itself; some have devised a new trick of learning, as if there were some real and material difference between the gain of usury, and of the use of money; imagining that usura in Latin is derived ab usu rapiendo, and that the Latin condemneth snatching only, as the Hebrew doth biting: insinuating thereby that such usury only is forbidden, which is a greedy catching and snatching of gain by hook or crook. Whereas usura in truth is nothing but usus rei, primitively taken for the use of h Vsura lucis: Cicero. uxor usuraria. Plaut. other things as well as money. And so was usura originally a good honest word, until usury did mar it: as we may observe it doth in time disgrace any term or name that is put upon it. §. 2. The proper Latin term for usury is foenus, so called in the judgement of Grammarians, as if it were foenus pecuniae, the brood of money And in the same sense did the greeks call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth to breed, or bring forth. I am not ignorant how some would derive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of the Hebrew Toc, which signifieth oppression; as if usury were not to be misliked for it own sake, unless it might be convicted of some sensible oppression. And I must needs confess that in the 12. Psalm, vers. 14. I find Toc translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Greek Interpreters. But they are not constant therein: for in the 10. Psalm, vers. 7. vatoc is by them translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And therefore let us rather follow the general consent of Grammarians, who fetch it nearer hand, taking the noun from the verb. For it is a safe rule for Etymologies, when there is so near affinity at home in the same tongue, never to travel abroad, or take so much pains to fetch it from strange languages: like some great spirits of our time, who will have their names derived from some ancient famous Roman, though originally they were taken from some notable hillock, or mossy quagmire, before their great grandsires door. Etymologies and Metaphors be alike in this, if they be too far fetched they are unkind. Besides, the primitive signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is, birth. As appeareth by i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ili. 2. Homer and k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polit. 7. Aristotle. Next it signifieth the issue itself, as the first borne is called * Luk. 2. 5. Ambros. lib. de Tobia, cap. 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. According to these two significations the learned have given a double reason of this name. S. Basil and S. Ambrose amongst the ancient; Aretius and others of the later writers, fetch it from the pains, and sorrows of travel. Graeci appellarunt usuras 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eo quòd dolores partis animae debitoris excitare videantur: The Grecians (saith S. Ambrose) call usury 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, birth, because it brings the pangs of travel upon the soul of the debtor. Metaphora ducta à parturientibus; qui soluit enim, soluit summo cum doloro & sudore, etc. A woman in travel (saith l Problem. de usuris. Aretius) doth not sweat and labour to bring forth with greater anguish of mind, than a debtor compelled to bring home the principal with increase. n In suplem. Psal. 15 S. Basil maketh months the only fathers to beget, and borrowers, the mothers to bring forth this unnatural brood of usury. Unnatural (saith that Father) even as the brood of vipers which eat through the entrails of their mothers: so doth the borrower being forth for the Usurer, to the destruction of himself and his family. But the most general conceit is, that the greeks and Romans gave the names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and foenus unto usury, because of the ancient opinion which the learned had amongst them: namely, that this usurious increase of money, which is neither fruitful by nature, as land and cattle: nor fit for any other secondary use, as to feed, or to cure, or to cloth, or to shelter; but only to procure such things as have increase and use in themselves: that such increase (I say) of so barren a thing, as they conceived money to be, is unnatural. Which position of theirs, though it be not the plainest demonstration that we have against usury; yet I conceive we shall find much more in it, than they that make the lightest account of it, are ware of. §. 3. Come we in the last place to the head spring and original of all names. For if names can express the nature of this sin, doubtless those names of all others must do it which God himself hath used in the primitive tongue, and especially in his law: where he ever useth the best congruity of speech. In the first law given against usury it is forbidden under the most significant term of n Exod. 22. 25. Neshec derived from a word which signifieth to bite; because money so lent cometh not empty home, but biteth off, gnaweth away, and bringeth with it some part of the borrowers wealth and substance; who if he cannot lick himself whole again, and cure his wound with biting others, (as commonly they do) he feeleth in the end to his greater grief that which at the first he could not perceive. o Auctor operis imperfecti in Homil. 12. Aspidis morsui similis est pecuna usuraria: qui ab aspide percutitur, quasi delectatus vadit in somnum, & sic per suavitatem soporis moritur: He that is bitten by usury (saith S. Chrysostome) is as he that is stung of a serpent: it lulls him asleep so sweetly and securely, that the poor man is undone before he be aware. It is well compared (by Baldus) to the little worm that breeds in wood with a soft body and hard teeth, which gnaweth secretly the very pith and inward substance of the tree, the bark and outside standing entire. What gallant shows do many men make in these days with other men's money thus borrowed? who, if every bird should fetch his feather, would be as naked as Aesop's Crow. For when death heweth them down, their estate proveth like a hollow tree; no sound timber for posterity to build withal. For why? this worm of usury hath gnawed away their substance. Verily money thus taken up is like a new piece put into an old garment, which being taken away, the rent is made worse. It patcheth up his necessity for the present, but after leaveth his estate so ragged and rend, that he is in worse case and more beggarly than ever he was before. This biting or gnawing, because it is not always sensible, much less mortal, (for there be moats as well as beams in all sins which cannot so well be discerned) therefore some subtle wits have devised a new distinction to please the world. As if there were some toothless and harmless usury without the compass of the word Neshec, and without the meaning of the law of God: as if God had never meant to condemn Usurers, but only to muzzle them for biting. So as, if lender and borrower be both gainers, who hath cause to complain? and why may not Christians then practise so harmless and innocent a trade? and for that usury which is condemned by the name of Neshec, if these men had the christening of it, they would have called it by the name of Morsura, not Vsura. One point then in question (when we come to the matter) will be, whether it be not the nature of all usury to bite? though with great difference; some like the English mastiff, some like the dogge-flye; some scarce sensibly, and therefore not perceived to be a sin. 1. First, because many are content to moderate themselves in this gain, and then, if it be a sin, it is but a little one. As Let said of Zoar, p Gen 19 20. Is it not a little one, and my soul shall live? Modica sunt quae perdunt nos: They be those little ones that undo us. A moat in the eye if it be not got out in time, may grow to a pin and web; and a man's conscience may suffer shipwreck aswell upon a sand as upon a rock. A rock is a great one, a sand is a heap of little ones. He that once or twice hath taken extreme usury to the sensible and apparent oppression of his brother, hath run his conscience upon a rock. But he who to avoid that Scylla, will take but a reasonable moderate conscionable usury, (like an honest kind robber, who alloweth a man part of his own money back again to bear his charges) and thus resolveth to live upon this practice; he by heaping up moderate sins, wreaketh his conscience upon a sand; and so sinking into this sin by little and little, his soul is at length easily swallowed up, without sense or feeling at all. 2. Secondly, it is not ever so sensible, because as the Usurer moderating himself doth not seem to bite the borrower: so the borrower relieving himself by others, hath no cause to complain. Yea many borrowers concurring in this practice, by their very multitudes, are able to sway and enhance the market, in such manner, that they may live themselves and pay the Usurer beside. So that in conclusion those do all set upon the Commonwealth: which being a great body, is able to bear many dogs, before she need to complain; and feeling the wound (as in time she must) she knoweth not well of whom to complain. Burdensome therefore it is to the Commonwealth: yet Multorum manibus grand levatur onus. so dispersed amongst many, that it is the less sensible, but never a whit the more allowable. For these and the like causes the biting of usury being sometimes not so sensible to particular persons, Almighty God in his wisdom foreseeing how ready men would be to cavil at the word Neshec, hath of purpose expressed his meaning more fully by the exegetical addition of another term, which simply signifieth any increase at all. And this hath he done, not only in the Comments of the q Ez●k. 18 17. Cap. 22. 12 Prophets, but in the very text of the Law itself, Leuit. 25. 36. vetarbith, and vers. the 37. ubemarbith. Which word r Pro. 28. 8. Solomon forgetteth not to add: for Salomon's days being both peaceable and rich in silver and gold, men would be then more ready in all likelihood to devise any cavil, or colour to maintain that sin. While the people of God were traveling in the deseit, or troubled with wars in the land of Canaan, there was little borrowing of money, but only by the poor, for the supply of their want. And of them to take usury was a more sensible biting and oppression: in that they borrowed not to lay out for commodities, but to spend for necessity. Therefore David in his troublesome days useth the word Neshec only, for usury, as best fitting those times; where the poorest were most bitten by this sin. But in King Salomon's days, being days of peace and plenty, plenty of money and merchandizing, both by sea and land, for all manner of commodities; those men who were then rich in moneys, might sit still at home and lend forth their money to such as by their skill and pains in traveling and trading abroad, might return them usury for their money, and be many times gainers themselves. In which case because there is no such apparent personal biting of the borrower, as when money is lent to the poor to supply present wants; therefore Solomon to prevent these cavils at words might add to the word Neshec, that word also which signifieth Increase, or overplus. Thereby teaching men that it was the direct meaning of Almighty God simply to forbid all manner of increase whatsoever. Neither are these my private conjectures, against the groundless distinction of biting and toothless usury; but Master s In Comment. in Ezek. cap. 18. vers. 8. Calvin himself (upon whom they seem to rely as a chief patron of usury) doth not only condemn it as frivolous; but addeth further that it was the purpose of the Holy Ghost, by adding that other word, to prevent such cavils. Quia homines hac in part nimium sunt acuti & versuti, & excogitant subterfugia, quibus crudelitatem suam tegant; ideo addit: Et incrementum non acceperit: Because (saith Calvin) men in this kind be over acute and subtle, and devise evasions how they may more cunningly cover their cruelty, therefore he addeth in the text; usury or increase. And for the distinction itself, Calvin his censure is: Ludunt homines suis cavillis, sed Deus non admittit tales versutias: Men cavil and play with words, but God admitteth no such sleights. His meaning is simple and plain, that all increase above the principal is forbidden. I should idle the time too much, and weary the reader, if I should dilate upon the fond conceits of some to avoid the word Tarbith or increase. Because that word in his native and usual sense directly forbiddeth all usury whatsoever; therefore they bend their wits against it. Some would have Tarbith, being joined with Neshec, to signify excessive increase, or multiplication beyond measure. Another sort refer Neshec to money, and Tarbith to victuals only, as if it were lawful to take some increase for money, but no increase for victuals at all. These fantasies we find in certain blind Manuscripts, without name or author, which walk under hand like t Psal. 91. 6 the pestilence in the dark, to infect the minds of simple men, who are very prone to embrace every thing for Gospel, which some men write in private, or preach at their tables, in maintenance of their profit. But tell us, in good sooth, is Tarbith to be referred to victuals only, and not to money? so that it shall be lawful to take Tarbith for money? then doth not Tarbith signify excessive increase, or multiplication beyond measure; for I hope it shall never be accounted lawful to take excessive increase for money, or to multiply usury beyond measure. Doth Tarbith signify multiplication beyond measure? then verily both Tarbith and Neshec are forbidden in money as well as victuals. See how fitly these conceits do agree, one overthrowing another directly: and both being overthrown by the text, and constant interpretation of all authority both modern and ancient. The text as it doth not appropriate Neshec unto money, but applieth it unto any thing which passeth for usury; (as in Deut. 23. 19 Usury of money, usury of meat, usury of any thing that is put to usury) so doth it use Tarbith for the usury of money, aswell as of any other thing. For the Prophets, who be the true expositors of the law, do join both words together, applying them both indifferently, evermore to one and the same thing. Ezek. 18. 8. cap. 22. 12. Prou. 28. 8. and that Tarbith being joined with Neshec, should signify any excessive increase, it hath neither ground in the text, nor any authority at all. The Greeks translate it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: the Latins incrementum, augmentum; that is, simple increase. So others use words to the same purpose: Plus, amplius, supra, accessio; any more, any overplus, any thing above or beside the principal. That is to say (as the ancient Latin translation readeth, Leu. 25. 36.) Thou shalt not take usury of him, nor more than thou gavest: or as u Lib. de Tobia, cap. 15. S. Ambrose readeth the 37. verse: In amplius recipiendum; to receive more: ubi omne sortis excludit augmentum, where it excludeth all increase above the principal (as he observeth upon the same place.) The x Ezek. 18. 8 Geneva translateth it, any increase. So that even Tarbith, that is, simple increase. (the best name, and the most innocent, that ever usury had) is by the law of God utterly condemned. And therefore bad is the best. I confess as yet I have proved little or nothing at all; but only told you what usury is called. And if names be no definitions, than arguments taken from names be no demonstrations. Yet thus much I dare presume to conclude, even from the very name of usury in Hebrew, Greek and Latin; signifying, cruel biting, painful traveling, unnatural brood; that the nature of the thing itself is therefore greatly to be suspected. For certainly it is ominous and very suspicious to have a bad name. CHAP. III. Of the desinition of usury in general. THat which y Offic. 1. Tully observed as defective in Panaetius, may not be tolerated in this treatise. For if we should omit the definition of usury, whereupon the whole state of the question doth depend; we should write at random in this whole discourse, and fight with our own shadow. The two properties of a definition according to the parts thereof, are, to express and distinguish. First to express the nature of what kind it is: and next to distinguish it perfectly and essentially from all other things of the like nature. And in truth to define, is nothing else but to express by distinction. First to express the general nature by some proper term, which distinguisheth it from all other kinds. And secondly to determine the special nature, how it standeth different from all other things of that kind. And so much the very name itself doth notify. For to desine is nothing else but to limit a thing within his own proper and peculiar bounds. First therefore all metaphors and borrowed speeches are to be excluded from the definition of usury. And we are to deal only with that usury which properly is so called. We must not therefore meddle with the usury of nature, that most innocent and primitive increase which the earth yieldeth in fruit unto man for his seed sown; some thirty, some sixty, some an hundred fold. Terra nunquam sine vsurareddit quod accepit: The earth (saith z De senectute. Tully) never returneth that which it hath received, without usury. Neither are we to meddle with that supernatural usury which passeth between God and man: where sometimes man playeth the Usurer, lending unto God, by giving to the poor that he may receive an hundred fold. a Prou. 19 17. Foeneratur domino qui miseretur pauperis: He dareth in that kind to the Lord, who is merciful to the poor. Our God (saith S. b In Psal. 26. serm. 3. Qui probibet te esse foeneratorem, ille jubet te esse soeneratorem. Augustine) who forbiddeth thee to be an Usurer, he commandeth thee to be an Usurer. For it is said unto thee; Lend unto the Lord upon usury. Sometimes God himself is the Usurer; lending talents unto men, to lay out that he may receive his own again, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, with advantage, as we translate it The vulgar saith, cum usura; Beza, cum foenore. For the word is properly, with usury. So it pleaseth the holy Ghost in Scripture sometimes to resemble the works of light to the works of darkness: that we might learn to gather wisdom even from Serpents, and to leave the poison behind. Those delicate wits then, who have from hence extracted conclusions, as if God, by such parables and allusions, did somewhat favour usury; they must by the same reason justify unrighteousness, because the example of the unjust Steward is commended unto us; and withal conclude that even theft itself is therefore sanctified, because Christ hath compared himself unto a thief in the night. So must we then in this business pass by all parabolical and borrowed speeches; and only betake ourselves unto that which is homebred, proper, and natural. Of which there be two kinds; mental and actual usury. The first consisteth only in the intention of the heart. For he that dareth so freely to his brother, that he doth not indent either by word or deed, for any usurious gain: yet if any hope or expectation of gain was to him a motive of lending, that man in the Court of Conscience standeth guilty of this sin before God. Howbeit the other party may be innocent in borrowing. c Mat. 5. 28 As he that looketh on a woman, to lust after her, hath committed adultery with her already in his heart; though the woman be never so clear from that sin. But in actual usury there must be a mutual consent of two parties at the least. It is my purpose to write of this second, as being more sensible than the former; yet including the former. For every intention of the heart is determinable by the act itself, to be good or bad. If actual usury therefore prove unlawful, thereby shall the very thought and intention of the mind be condemned. And if we look upon the usual practice of the world in this kind; mental usury is but a little moat, but we are now haling at the beam itself. Hoc opus, hic labor est: It is no time to pick moats. Actual usury is of divers described diversly (a variety tedious to relate) but the pith of all is briefly contracted in three words, to be, pactum ex mutuo lucrum. Lucre for loan upon covenant: or The Covenant of lucre for lending: or Lending upon Covenant for lucre. So that these three words, mutuum, pactum, lucrum, that is, loan, covenant, lucre, do define and circumscribe the entire nature of that usury whereof the main question is made, whether it be lawful or not. Therefore whatsoever is without the compass of any of these three terms, though it carry the name of usury, yet it is none indeed. And of whatsoever all these three severally and jointly may be affirmed; howsoever it may pass disguised under any other lawful act, yet is it that actual usury whereof this question is moved. These three terms therefore must distinctly be handled and rightly conceived, before it can appear plainly what usury is. CHAP. FOUR Of the first term, loan or mutuation. THe proper object of usury is that which is lent For so is the text: d Exod. 22. 25. If thou lend money to my people, to the poor, thou shalt not be as an Usurer. That therefore is usury which is taken for loan: yet must we here understand a special kind of lending, which for the penury of words and narrowness of our English tongue, wanteth a proper term. In Latin it is called mutuum, in which, two words are briefly contracted into one, meum, tuum, into mutuum. If I lend thee my money, of mine I make it thine for a time. Thine to do withal what thou wilt: Thine in use and property both: So thine, as during that time, I will not own it, nor call thee to account what thou dost with it, because it is thine. But if I lend thee a horse, or a house, I will so pass it over, as it shall be mine still and not thine. I will be the owner still, even for the time that I have lent it. And if thou use it not well, I will have an action against thee; for this is not, mutuum, but commodatum, lent to use, but not to spend or bestow. That lending therefore which is meant in usury is defined to be, The free passing over both of use and property for a time, at the time ended to receive the like again. By which description it is plainly distinguished from all other contracts. From giving, letting, selling, exchanging, commodating, or lending to use. 1 From giving it is distinguished, because a gift is for ever: loan is only for a time. Both are a free passing over of use and property: but that the one is temporal, the other perpetual. So that this lending or mutuation differeth from a gift only in time. It is a free gift for a time: for which time it is not the lender's, but the borrowers, to do withal what he list; only at the time appointed that he return the like again. 2. It differeth also from letting: because in letting we pass over the use only, and that for hire: in lending we pass over both use and property, and that freely. These differ therefore in two things. First, lending in it own proper nature is free; letting is for hire. And therefore wheresoever the Scripture mentioneth lending, it speaketh of it as a work of mercy and free liberality. e Psal. 37. The just is merciful and dareth. f Luk. 6. Lend looking for nothing again, etc. 2. Secondly, lending passeth over the property with the use, for the time it is lent: letting passeth only the use, reserving the property, even for that time it is let. Hence it ariseth, that in a thing freely lent, the borrower standeth to the hazard for that time in equity, (though there be no such covenant made:) because the borrower is the right owner for the time; and in common right every thing perisheth to the right owner. But in an hired thing it is otherwise: if it perish, the owner standeth to the hazard, unless it perish by the default of him that hired it. It perisheth, I say, to the owner. First, because he is the owner: and secondly, because it went for the hire. According to the equity of God's law, Exod. 22. 15. If the owner thereof stand by, (to wit, that it may appear 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. 3 From selling doth this lending also differ, because sale is a perpetual alienation of the property for a price. Lending is a free alienation for a time. So that though lending and selling do agree in this, that both do alienate the property with the use; yet in these two things they differ, that the one is liberal, the other for a price; the one temporal, the other for ever. 4 It differeth from exchange. Not only in time, as giving and selling doth; but in the object; because exchange is the giving and taking of one certain thing for another. But in this kind of loan, only the like in the same kind is required at the time appointed to be restored. Besides, in things exchanged, there is some difference respected, either of kind, quality, or use; which moveth us to make an exchange. But in simple lending or mutuation, both the same in kind, money for money, oil for oil, corn for corn; the same in quantity, and the like in quality, so much and so good, without respect of difference, is required. 5. Last of all, this lending or mutuation, in the definition of usury, differeth from that which is called commodation, or free lending to use. Because mutuation is only of such things whereof use and property cannot be severed: but they are evermore spent or bestowed in the first use. As he that dareth his neighbour a loaf of bread, he dareth it him to use and spend both; because the use of bread is in spending of it. But he that dareth his servant, to work for a day with his neighbour, or his horse to travel; he dareth the use, but reserveth the property to himself: Therefore if they do hurt or abuse that servant or horse, the owner or lender hath just cause to complain. From the same ground also doth it arise, that in this loan of money, of victuals, of Corn, or the like, we do not require the same thing in particular, the same grains of corn, but only the like in kind: because the same particulars be spent or done away. But in commodation, or lending to use the same thing in particular is required: the same servant, the same horse, the same vessel which was lent only to use. Hence therefore it proceedeth, that such things only be thus lent, which do pass betwixt man and man by weight, number, or measure. For seeing he cannot possibly receive the particular things again (which if they be used, cannot be restored) therefore he must in equity have so many in number, so much in weight or measure, as was lent. Thus much for the description of the first term in the definition of usury, mutuum, that is, loan; from which there are three conclusions for this our present purpose to be derived. § 2. The first Conclusion. Out of the premises it is gathered, first, That money is not the only subject of Usury, but whatsoever passeth by number, weight or measure: for all such things are subject to mutuation. To which the very words of the g Deut. 23. 29. text do accord, Usury of money, usury of meat, usury of any thing that is put to usury. If a woman should lend her neighbour two eggs, to receive three again; were it not damnable usury? because there is an increase or gain above the principal, only for that which yieldeth no profit to the borrower, beside the first use. A poor man wanteth money to stock his ground. His rich neighbour dareth him no money, but twenty sheep: for which he shall pay him twenty shillings by the year, in the name of hire. And so making good the whole flock of sheep, he shall take lamb and wool, both for their keeping, and for that twenty shillings which goeth for the loan. So that those sheep which rot or miscarry are none of the rich man's, he will not own them; they be the borrowers, he standeth to the hazard, and maketh up still the number of twenty sheep. Here then is mutuum the use and property both are passed over to this poor man: to the end that with the property, the hazard also may pass upon him. Now these immortal sheep which never die, do bring an annual increase or gain to the rich man; for the mere loan of them: which is plain usury, howbeit not of money. § 3 The second Conclusion. IN the loan of money (of which principally it is my purpose to write, being the most usual and proper for these parts) be it thus concluded out of the premises; That gain or lucre which cometh not merely for loan; (such loan, which is before described) is no usury. For the object of usury is mutuum. It is no usury, I say, if it be for other respective considerations, and not merely for loan. A man unskilful in trading hath a stock of money, which he delivereth to a merchant or tradesman to employ: receiveth part of gain, and beareth part of hazard proportionably. This is no usury, but partnership. No usury, because his money is not lent by mutuation, so long as he reserveth a property in it himself, in contractu societatis cessat obiectum Molinaeus de contract. usurar. initio. usurae, mutuum. In like manner the stock of a widow or an orphan is in trust committed to a friend to employ and use it in charity, only to their use: they have the benefit of the increase; which is no usury; because the money is still theirs, it prospereth or perisheth to them, as to the right owners. A man dareth for a time freely; that time being expired, his money is retained longer against his will, for want whereof he is damnified. If the lender receive an overplus in this case above the principal, answerable to the damage which he hath suffered; this is no usury, but due and just satisfaction. No usury, because increase is not taken for the loan. For loan is a voluntary act: whereas this money was not willingly lent, but retained by force after the time it was due. If the lender had been damnified by the forbearance of his money during that time which he lent it, he could in strict justice have exacted no satisfaction, because it was his own voluntary act: Volenti non fit iniuria. But the time being come out, to receive overplus for his loss sustained, is no usury, but a just recompense, which is properly termed interest. A great man by his authority, doth wring from an inferior person the loan of such a sum, which he cannot spare without sensible detriment; and yet perhaps, in regard of the man's greatness, he had better lose the principal then deny the loan. To receive interest, that is to say, recompense for the forbearance of this money, is no usury, because it was not voluntarily lent by him, but by some violence extorted from him. As if a man should command a poor man's tools, without which he cannot earn his living, if he give him not satisfaction, he committeth extortion. The moneys of a tradesman, be his tools, by which he getteth his living. If therefore they be either retained, or forced from him to his sensible detriment, satisfaction is due in justice and equity, without touch of usury. To sell wares for time, and in respect of time to sell dearer, may be free from usury: Either in respect of the rising of the commodity so sold, if by the ordinary course of seasons, it will be worth more at the day of payment of the money, than it was at the time of sale and delivery. Or in case a man can neither vent his commodity for present money; nor keep it longer without corruption or detriment to the ware; nor forbear the money without sensible prejudice to himself: these may seem valuable considerations without compass of this term. But admit a man will sell dearer of purpose for the forbearance; and forbear of purpose, only that he may sell dearer, without pregnant likelihood of the market rising at the time of payment; or of damnifying of himself, by keeping his word, or such like valuable considerations; that is usury. For it is alone as if he lent so much money for lucre upon covenant. § 4. The third Conclusion. IF it be a gain covenanted merely in respect of loan, it is condemned as usurious. For than is it Vimutui, for the loan before described, though it come never so disguised under the colour of a lawful contract, as many times it doth. 1. Sometimes under the colour of buying. If I should lend one hundred pound; the principal to be repaid by ten pound a year in ten years, and ten pound a year overplus for the use of that money: this were extreme usury within the statute. If therefore purposely to avoid the statute, I do agree with the borrower to alter the nature of the contract, thus: With the same hundredth pound I will purchase an annuity of twenty pound for ten years of the same party. This is bargain and sale; yet is it the very same thing in truth; differing only in the parchment and manner of covenanting; subject to the same iniquity and inequality; poisoned with their joint purpose of avoiding the penalty of usury by other conveyances. For if their purpose could by some pregnant circumstances be discovered, the same Statute would condemn them of usury. 2. Sometime it passeth under the colour of selling. A merchant dareth his chapman one hundred pound freely, but with condition that he will in am of his courtesy take a commodity that lieth upon his hand at such a price, paying for the purpose eight or ten pound dearer than he might have bought elsewhere; had he not as good have paid ten pound for the loan of his money? Or more cunningly thus: A country Gentleman would borrow one hundred pound of his dear friend a Tradesman. Answer is returned, That he hath no money, but rather than fail, for old love and acquaintance, he shall have 100 pounds worth of ware even out of his shop presently to make money of. The Gentleman cannot make it: therefore he doth him yet a further kindness, in sending to a friend that shall sell it for him (note by the way, that friend is his broker:) who after long discourse what a prejudice it is to proffer ware, and after much seeking, he hitteth upon a friend who will give the Gentleman fourscore and eight pound, present money, for his ware (and that friend is the brokers own master, who lent the ware.) The poor Gentleman glad of present money giveth the broker for his pains. Now this tradesman that hath twelve in the hundredth, is in expectation beside of as great kindness as the free loan of one hundred pound is worth, (whereof this Gentleman will not fail him, because he would keep such a friend in a corner for a pinch:) and he hath beside pleasured his broker for doing nothing, for the ware was never stirred out of his place. This under colour of selling is direct usury, and somewhat else beside. 3. Sometime it is committed under the colour of letting. A man dareth his neighbour such a sum of money, conditionally, that he will take such a house at such a rent: provided always, that the rent of the house shall pay for the use of the money. More cunningly, thus: A country Farmer cometh to an Usurer, and telleth him of such a lease for years to be sold, for three hundred pound. If it please you (quoth the Farmer) to deliver me so much money, I will buy that lease in your name with your money; you shall sit still, never trouble yourself to look after it; let me be your tenant for thirty pound a year, and I will put you in good security for the payment of three hundred pound, when the lease shall expire. This is usury under the colour of letting. 4 Sometime it passeth under the colour of free loan or mutuation. A poor man desireth a Goldsmith to lend him such a sum, but he is not able to pay him Interest. If such as I can spare (saith the Goldsmith) will pleasure you, you shall have it for three or four months. Now, he hath a number of light, clipped, cracked pieces (for such he useth to take in change with consideration for their defects:) this sum of money is repaid by the poor man at the time appointed in good and lawful money. This is usury, that is, gain for loan, under colour of free loan. Or thus: A young Gallant would borrow an hundred pound for a year; the Usurer in kindness will lend him so much freely for three months. The Gentleman glad to finger the money, accepteth his kind offer. The Usurer takes sure bonds, knowing that he who is so hungry for a year, will not be in case to pay at three months; then shall the forfeiture of the bond pay the Interest of the money with advantage; only, forsooth, because the Creditor is exceedingly damnified in being disappointed at the time. This were usury, if the crafty purpose of the Usurer were discovered. Or thus: One dareth ten pound upon a pawn of bedding or linen, and he dareth it freely: but as the other useth his money, so he likewise useth his pawn. This is usury; for the bedding or linen is sensibly worse for the wearing, so is not the money. 5 Sometime under the colour of Merchant's exchange, delivering money upon bills at home, to be paid in other countries: A practice which some would utterly condemn; but considering the great use of it, I would not rashly condemn it: but will imagine rather how it may have his grounds in equity and justice. 1 Either because the office of transportation is therein implied. For he who delivereth money here to be repaid beyond the Sea, performeth the same office, and doth the borrower no less benefit, then if he conveyed his money for him out of another country home; and somewhat more, because this is done instantly, that could not be done but in longer time. 2 Or else, because money present is more worth than absent, not in any usurious respect, but in a lawful estimate; for there is no present use of that which is absent. And beside, that which is in another country, cannot be made present without some cost, labour, or peril. 3 Or in respect of the value of money in the place where it is paid upon bill: for though the value of coins remain one and the same, yet sums of money may rise and fall in exchange (woe be to them who conspire to raise them) yet scarcity of money at some times may make great sums more precious, and harder to come by; and then every man drawing as much as he can home, it maketh the transportation from foreign places to be of greater difficulty. This Real Exchange though it may stand justifiable upon his own grounds, yet, under it, is cloaked a mystery of iniquity, that is, of usury; either by that usance and double usance, used only to an usurious intent: or specially by that counterfeit Exchange, termed by the name of Cambium siccum, or, dry Exchange; because it hath no more juice or sap then a painted tree, either in charity or equity: but being a griping usury under the title of Exchange, it drieth up the fountain of both. 6 Sometime it masketh under the habit of hazard and adventure. For because in that which is mutuum, he that dareth passeth away together with the property, all hazard and adventure of the principal. A man therefore to prevent this, will deliver thirty pound the sixth of December, to receive 33. pound for it the second of june next following, if the son of the said lender be then alive. If he die before the day, that then the debtor should pay but 27. pound of the principal. This was h L. Cook in 5. part of Reports. Claytons' case, adjudged to be usury. For that this hazard or uncertainty of life is not to be accounted of: because by the same reason that he may add one life, he may add many. If it be not sensible and proportionable, it is but a mockery. But put the case of a man's own life, and make the adventure more sensible and proportionable. As thus: A man having no charge to leave behind him, or little care of them, useth to lend out his money for ten in the hundred, if he shall live until the days of payment; provided always, that if he the said Creditor die, than his executors shall receive but four score pound for the hundred pound. His case then standeth thus: First, he hopeth to live many years, and when he dieth he is sure to die but once: then shall his executors (who those shall be God knows, and not he): his executors, I say, shall pay twenty in the hundred, of such sums only as then shall be abroad at use. Under colour of this adventure (which self-love in many maketh no adventure) he would lend his money, and live upon the loan, while he liveth. But tell me, in good sooth, wilt thou take ten in the hundred if thou live? then by this covenant thou wilt be an Usurer if thou live. No condition shall bar thee from it, but only death. Then, verily of necessity, thou must die an Usurer by virtue of the same covenant. And tell me in thy conscience, dost thou think thy Executors after thy death can redeem thy soul from that sin wherein thou diedst; by paying so much in the hundred of thy wealth, which then shall be none of thine? filii huius seculi; how witty and subtle are the children of this world in twisting snares to entangle their own consciences at the hour of death? Qui volunt esse divites: They that will be rich (saith the i 1. Tim. 6. 9 Apostle) not they that would by lawful and direct means; but, they that will be rich fall into temptations and snares: such snares as the more they struggle to get forth, the faster do they entangle themselves. CHAP. V. Of the second term of the definition, Pactum, Covenant. ALbeit an overplus or increase be given and received for the mere loan, either of money, or of any thing which passeth by Number; Weight, or Measure; yet it is no usury, except it be by some covenant or contract before. This also is essential, and expressed in the very letter of the law of God, Thou shalt not impose usury, etc. So do Vatablus, Pagnin, Exod. 22. 25. and Tremellius read it, Non impones. So likewise the Greek Interpreters, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Now there can be no exaction or imposition upon a free person but by way of covenant. A covenant is a mutual agreement upon a certainty. First it must be an agreement, that is, a voluntary consent, presupposing both liberty of will to give assent, and ability of understanding to know the thing agreed upon. Secondly, it must be mutual. For though one party agree unto it, yet it is no covenant unless both give consent mutually. Thirdly, that mutual agreement must be reduced unto a certainty, else it is void. If both parties do not understand one certain thing, it is no covenant: and therefore we see, that a conditional covenant, because it dependeth upon some future uncertainty, is no covenant at all; but upon this condition, that, that uncertain thing do prove certain. If a man's money freely lent for a time, be by force retained past that time, to the sensible detriment of the lender; we have before concluded that a recompense is due. But in case a covenant be made of free loan for such a time, and if it be not repaid at such a time, then so much to be allowed for Interest: this covenant maketh usury, which before was none. A man dareth his neighbour a sum of money to trade withal, and that freely. This borrower becometh a gainer: out of his thankful mind he doth gratify the lender with some part of his gain. This is no usury, but a thankful gratuity, termed by the name of foenus liberale; and it is lawful to give and take, where it is not lawful to covenant or contract before. For as to gratify a Patron for preferment, a judge for justice, upon any precedent stipulation, promise, or demand, is Simony in the Church, Bribery in the Commonwealth: so is it usury in any fashion to contract before the time of the loan. The reason of all this is, because neither justice, which God and nature have made free for all; nor sacred things sanctified and set apart for the service of God; nor works of mercy, bounty or favour, as giving and lending; are in their own natures any ways capable of bargain and sale. Covenant therefore is that which poisoneth the nature of them, and turneth them into sin; the sin of Simony, Bribery, Usury: let them go together. But that men deceive not themselves in mistaking this term of Covenant, understand briefly the latitude of it: It is either real, by pawn laid in both for principal and Interest: Or literal, by writing without pawn, as by bill, book, or bond: Or personal, without writing, in taking another man for surety besides the borrower: Or verbal; either by promise without surety before witness, or by secret stipulation, between themselves without witness: Or silent, without word, witness, writing, or pawn: and this silence either of one party, or both. Of one thus: An Usurer saith, I will lend you thus much money, but so much Interest you shall pay me. The borrower takes it in silence: this silence is a promise, and that promise a covenant. Nay, where there is silence on both sides, there may be an usurious covenant. A common borrower cometh to a common Usurer to take up an hundred pound for three months; there is neither bill, bond, promise, nor demand for any Interest: only this; the borrower knoweth how that Usurer never dareth his money but for ten in the hundred. Likewise the Usurer knoweth how that borrower never taketh up, but upon Interest. The very act of borrowing and lending in these two parties by common intendment, is a covenant for Usury: and every covenant whatsoever, whether it be silent or express; whether it be bare and naked in promise, or invested by further security, if it be a covenant for loan, it is Usury. CHAP. VI Of the third term, Lucrum, gain. ALbeit there be a covenant merely for loan, yet if there be no lucre, it is no usury. I use the word Lucre, rather than Gain, because it is more proper for this purpose in the English. a 1. Tim. 6. 6 Godliness is great gain, but godliness is no lucre. Lucre is clear gain in money or money worth. That which is covenanted or agreed upon for mere loan, must also be clear gain. For where equality is, there can be no usury: Clear gain either in money, which is a certain price, or else in money worth, which is valuable and to be rated at a certain price; for (as b Lib. de Tobia, cap. 14. S. Ambrose saith) Et esca usura est, & vest is usura est, & quodcunque sorti accedit usura est; quod velis ei nomen imponas, usura est: Be it meat or apparel, or any overplus above the principal, what ever you call it, it is Usury. A man dareth money to his neighbour freely in his need, (for though he be a rich neighbour, yet upon occasion he may want a sum of money for lawful and necessary employments:) promise passeth to requite his kindness another time in lending him as much again for his occasion. Here is a covenant for loan, yet no usury: because no covenant for clear gain, but one good turn for another. And where there is equality there is no usury. Christ alloweth c Luk. 6. 34 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in this kind. A man oweth me ten pound. I wot not how to come by it: He cometh to me for ten pound more: I condition with him that he shall put in good security for the whole debt of twenty pound: which if he do willingly yield, this is to me, as the case now stands, a profitable covenant for the loan of money; yet it is no usury, because no clear gain, but only a recovery of mine own due debt, with out wrong offered to any. A man dareth money to get the friendship of such a person as may stand him in stead. A friend in Court is worth a penny in the purse. But because his friendship cannot be valued or set at a certain price, therefore it is no lucre, and consequently no usury. A shopkeeper dareth money freely to a Chapman, covenanting with him that he will not balk his shop, but that he may take his money before another. This is gain to the shopkeeper: but it is not valuable at any certainty, so long as he may be served in that place for his money as well as elsewhere. But in case he make him pay dearer for his ware, because he lent him money, that is usury. I lend a poor labouring man money freely, but conditioning that he shall work so many days with me in harvest freely; this is usury: for a days work is valuable at a certain price: therefore is it lucre and money worth. There is an Office or Lease fallen void of such a yearly value: I lend my Courtly friend a sum of money for such a time, freely without usury; only covenanting that he will procure the said Lease or Office: This is usury; for though his friendship at large was not valuable, as is aforesaid, yet now being reduced unto a certainty, in this particular, it may be valued at a price. Therefore is it lucre, and so consequently direct usury. CHAP. VII. A briefe recapitulation of that which hath been said. BY that which briefly hath been delivered, it may in some sort appear, how usury hath been called, and what it is. The Gentiles, both Romans and Grecians, led by the light of nature, termed it the unnatural brood or generation of that which by nature is barren. The spirit of God in Scripture hath branded all increase and overplus, whatsoever above the principal, by the name of a biter or gnawer; as appeareth by the exegetical joining of Tarbith with Neshec, in the Law and the Prophets. Which increase and overplus coming for the loan, either of money, or any thing which passeth by number, weight or measure, if it come merely for loan, without any other valuable consideration: and merely for that loan which passeth over the property, and with the property the peril and adventure of the principal: and if it come for this loan, not by way of gratuity afterward freely given; nor in the name of satisfaction for damage suffered by the lender without his own act and consent; but by former covenant and voluntary contract betwixt the borrower and the lender: and if this covenant be for lucre and gain, clear gain, valuable gain, rateable at a certain price, either in money or money worth; then is it that usury whereof the question moved is now to be discussed: Whether it be a thing indifferent in it own nature, in any kind allowable; or, whether it be simply to be condemned as a sin before God. In this defining of Usury, and distinguishing of it from all such practices as be only like unto it, and do border upon it; we ought so near as we can, to cut it by a thread; and in the examining of the several branches we shall meet with much finer and subtler threads, than hitherto we have: (over fine, I confess, for so blunt an instrument.) Notwithstanding this caveat I would gladly commend unto you before hand; that if this usury thus described, do prove to be a sin of that nature and degree, as I am afraid it will; men would not enure themselves in their commerce to coast over near upon it, lest by little and little they be enticed by so sweet and pleasant a bait, as this kind of lucre is: for the sweeter bait the devil useth, the more dangerous is the hook. It was the wisdom of God in the training up of his Church at the first, to make Ceremonial laws, as a pale to hedge in and compass his Moral law, like the rails about Mount Sinai; to the end that by the observing of the Ceremonial, men might be kept aloof from the transgression of that which is Moral; as the abstaining from the blood of beasts taught them how far they should be from blood-thirstines and cruelty towards man. A point so easy that it is observed in matters most trivial. A man will not ride so near the brink of a pit or ditch as he can, for fear of falling, but keep a certain distance off, that he may be the more secure. It is wisdom in journeying, I would to God it were so in living. For as in nature, opposites meet not without a middle nature, so in morality, Virtue and Vice touch not without some indifferent thing. There be certain brackish qualities which savour of vice, yet cannot absolutely be condemned; even so for usury: there be some contracts near upon it, which notwithstanding being filled and refined with many distinctions and cautions, may happily prove indifferent and lawful: yet sure it is, those men who will not abstain from some things which are lawful, shall of necessity commit many things which are unlawful. The end of the first Book. THE SECOND BOOK PROVETH usury, AS IT IS BEFORE DEFINED, TO be unlawful: First by authority; next by reason. CHAP. I. Wherein are propounded places of proof from authority. ALL proof is reduced generally to two heads: Authority, and Reason. In the former we see with other men's eyes: In the second with our own. And though it be a wise man's part to see with his own eyes; yet must we be fools first, that we may be wise; Cisterns, before we be Conduits: for he that will not suffer himself to be led first and guided by others, shall never be able to find the right way himself: and certes, good authority, never had adversary but pride and singularity: I mean the authority of the most and the wisest. Let us consider then in the first part of this book, what they have thought in former ages of this point, who have been much wiser than ourselves, and have had as just occasion to look into it: for Usury is no new device, but an ancient sin, which hath been continually practised in all ages, and in the most famous and flourishing nations of the world. The authority therefore of the wise and learned in former times ought to be a great motive to sway our judgements in this point; and if there be any goodness or lawful moderation in usury, doubtless some of them have found it out. 1 But before we come unto them, we will first lay that divine authority for a foundation to the rest, which is beyond all exception. For the testimony of authority, which of all arguments in Logic is the weakest, is the strongest in Divinity. Let us see therefore in the first place, what the Scripture saith of usury, for it, or against it. For where that Oracle vouchsafeth to speak, there is not any need of further authority for confirmation. They are therefore over simple, who do imagine that human authority is alleged to add authority unto Scripture; as if that were defective: Sola sufficit ad omnia satis superque: a Vincentius Lirinensis. It is alone all-sufficient for authority, if it be not mistaken. The Church therefore doth comment upon the Scripture, only for explication of the text. The text is absolute in itself, but obscure unto us, in regard of the weakness of our understandings, and variety of apprehensions. We must therefore of necessity borrow light from others, especially in these difficult cases of conscience, which subtle wits have spun into so many fine threads, and which depend upon so many circumstances. 2. And because consent of Churches doth add great validity unto authority, it will not be amiss first to see what the Fathers of the East Church thought among the Grecians; and how the Western Church hath seconded the same among the Romans in her purity, before such time as corruption had overgrown her. 3. Afterward when corruption both in doctrine and manners had spread over, and blemished the face of the Church, it will be observable, how this doctrine concerning usury did preserve her ancient integrity. 4. But because all these are but the testimonies of several learned men in their writings, that which may be added as the voice of the Church jointly assembled in Counsels, will carry more weight with it. 5. Moreover, because a dwarse set upon a Giants shoulders, having the vantage of his whole body, may happily see further than the Giant himself; we will see what our modern writers have added unto the authority aforesaid; and whether our reformed Churches have reform any thing concerning this point. All these put together (if they had a good Collector) would make so sufficient a comment upon the law of God concerning usury, as a man of learning and modesty would not easily gainsay. 6. But we have yet a larger field to walk in: for this is a question of that nature, as is not only determinable by the law of God in Scripture; but also by the law of Nature, those maxims and principles of common equity, which are written in the hearts of men by the finger of God. Those students of Nature therefore, the Philosophers, may of right challenge a voice in this business. And because the experience and practife of States and commonwealths doth add much to the twilight of Nature, especially in these matters of negotiation and commerce between man and man; it will not be much out of the way, to observe by the way, what such writers have observed in their politics, for the public good; which in this point is especially to be observed, even for conscience sake. 7. Last of all, because we have not a better rule to proceed by, in the searching of what is good and lawful in a well governed estate, than those wholesome laws which have been established upon sage advice and deliberation, out of long experience, and the received grounds of common equity: it will be behoveful and material to listen a little to the Canon and Civil laws, which have governed so many Nations, both Christian and Heathen: and finally, to return home and note (though briefly, as becometh Divines) what the Municipal, or Common law of this land, unto which we are subject, hath decreed concerning this matter. Now if these authorities shall join in one against usury, they who shall oppose themselves in defence thereof, had need to come well appointed with strong arguments and sound reasons, or else me thinks we should hardly believe them. CHAP. II. The Testimony of Scripture. IF we take our Saviour Christ his division of the Scriptures, which he made to his disciples going to Emmaus, into b Luk. 24. 44. Moses, the Prophets, and the Psalms; these be all three against usury. Moses wrote five books, two of history, and three of law. In every one of his law-books, Exodus, Leviticus, and Deuteronomie, there is an express law against usury. Exod. 22. 25. If thou lend money to my people, to the poor with thee, thou shalt not be as an Usurer unto him, thou shalt not oppress with usury. Leuit. 25. 35. If thy brother be impoverished or fallen into decay with thee, thou shalt relieve him, and as a stranger or a sojourner, so shall he live with thee; thou shalt take no usury of him nor vantage, or more than thou gavest. Thou shalt not give him thy money for usury, nor lend him thy victuals for increase. Deut. 23. 29. Thou shalt not give to usury to thy brother, as usury of money, usury of meat, usury of any thing that is given to usury. Unto a stranger thou mayst lend upon usury, but thou shalt not lend upon usury to thy brother, that the Lord thy God may bless thee. Thus far is the letter of the law, which is vehemently urged by the Prophet c Chap. 18 13. 17. Cham 22. 12 Ezechiel, by the d Psal. 15. 5 Psalmist, and his son e Pro. 28. 8 Solomon. Against which law three exceptions have been devised. § 2. The first is verbal (which we touched in the second Chapter of the first book) in laying hold upon the biting word Neshec, avoiding the other word Tarbith; as if that would bite the cause. This verily is hard dealing, when the holy Ghost joineth two words of purpose together, both in the law and Prophets, to make his meaning full; that we should press the one, and leave the other. When God is not content to forbid biting usury only in Neshec, but all increase in Tarbith and Marbith, doubling the second from the same root, as if he would set the Emphasis purposely upon increase; these will have it set upon Neshec, biting usury. What is it then which they would so gladly wring out of Neshec? Forsooth that no usury is forbidden in God's law, but only biting usury. And that there is no biting usury, but when it is felt and known to bite (for we must give them that in, beside, or else they be never a whit the nearer.) Alas good simple widows, who are taught to live securely in the fear of God upon usury; can they tell when, or whom, or how many their usury doth bite? Nay can the wisest usurers of them all tell? For if the borrower be bitten, he had best to keep his own counsel, and to set his best face upon it: otherwise if the Usurers do once smell him to be down the wind, he shall seldom find them within. Can they tell when the Commonweal is bitten? Can they discern how many poor people shall pay a penny in the pound the dearer for them and their fellows? No, no, usury walketh in the dark, it biteth, few know, when, where, or how. Only thus much in general we must needs know, that the borrowers upon usury cannot afford their ware so good cheap by nine or ten in the hundredth, as if their stocks were free; and yet must they needs sell as the market goeth. Therefore if there be not a sufficient number to raise the market to their price, and so to cast the burden upon the people, they themselves shall feel the weight of it. To make this more plain by the most accustomed and modederate usury of these times. If money be lent to spend upon necessaries, there is no manner of question made, but the borrower is sore bitten in paying usury, when he hath spent the principal. If it be lent to lay out for gain, then must the borrower first be sure of so much clear gain, as will pay the use, which is a reasonable gain of itself. For the Usurers of nine or ten in the hundredth do live well of their trade and grow rich by it. Yea many honest tradesmen will confess, that if they could with their own free stock raise the like gain one time with another, that the Usurer doth with his monies; and with the like security of the principal; they would think they had made a very good market, notwithstanding all their care and travel. This reasonable gain than must first be raised by the borrower, to pay the Usurer; and over and above he must exceed this reasonable gain, to maintain himself and his servants, because this gain is none of his. If he do not exceed then, and that in some proportion, he hath lost his labour, and shall feel himself sore bitten. If the borrower do exceed the usurers gain to maintain himself; I demand then who payeth this excessive gain over and above that reasonable gain of ten in the hundred? Who but the Commonweal? 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 fellows be not able to raise the market to their own price, they shall be losers: If they can enhance it (as they may the more easily, because the number of such borrowers is great, and because the rest desiring to sell as dear as they can, will most willingly join with them) than the Commonweal must needs bear the burden, and especially the poorer sort, who buying all by piecemeal at the last hand, must be sore bitten, though they know not by whom. One of the biting dogs which pincheth them sore, is usury. Yet gladly would they persuade us, that usury in some other respect by way of amends, doth lick them whole again. Because by this means (forsooth) money is more stirring, and so by a quicker turn and return, every commodity is more plentiful: for charity and friendship in these days be not so common, that men would lend out their money so freely, if they had not gain for the use. This is very true, it cannot be denied. And the reason hereof is, because the common practice of usury hath taught men to set a price upon charity and friendship; as if he, who lent his friend or a young beginner one hundred pound for a year, did in effect give him ten pound clear out of his purse. But admit this dog were tied up; would rich men prejudice the Commonweal in these days, by imprisoning their monies in their coffers, think you? Verily if usury were not, men would tenter their wits, either in trading themselves, or employing others; rather then so current and necessary a thing as money is, should take rust in these peaceable and getting days. But who would rack his brain, and moil himself in the world, if he may sit idle at home, and receive so sweet a gain without labour, cost, or adventure? So that if borrowers escape, the Commonweal must bear it. If the Commonweal go free (as seldom it doth) the borrowers are bitten. Sometime the burden is divided betwixt them; and still the Usurer is the gainer. Usury then biteth one or other, little or much, according to the degree of the interest: from the biting of the morning wolf to the flea-biting: from that Centesima, the Zeph. 3. 3. hundredth part monthly, which Nehemiah complaineth of, which is twelve in the hundred (the most that we find tolerated Nehe. 5. 11. ever amongst the Heathen) unto that semiuncianum foenus, ten shillings in a hundred pounds, scarce sensible: So that in every Tarbith, there is a Neshec, a tooth in every usury: which because it cannot be always felt, or perceived, it hath pleased God to add that other term, which is more sensible, usury or increase. The devisers therefore of this distinction, of biting and toothless usury, forced out of the word Neshec, have discovered two errors, whereupon they seem to build as upon a sure foundation. 1. First, they presuppose, that if usury do not bite the borrower, it biteth none at all; as if the public good were not to be regarded, but every man were for himself, and his private commodity. Which if it might be granted, than a man of credit might take up money enough at interest to buy up a whole commodity, to sell it after his own price and pleasure. The Usurer & borrower here be safe enough; for the poor people shall pay double, and make both gainers. This is too plain. 2 Next they do imagine, that except the biting of usury be sensible and apparent, there is no iniquity at all. But there be mysteries of iniquity, which are not discernible to a vulgar eye at the first sight. There may be injury without damage, and damage without sense. Therefore as the holy Ghost hath expressed the sensible biting of usury in Neshec: so hath he forbidden that which is more secret and covered in the word Tarbith; else wherefore should Tarbith be added unto Neshec, both in the letter of the Law and the Prophets? either it must be added by way of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to make a gradation (as if not biting usury only were forbidden, but any increase whatsoever;) or else it must be an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, added by way of explication, and so of equal latitude with Neshec: only declaring what God meant by biting usury, namely, any increase in that kind whatsoever. It is the manner of holy Scripture after that a law is given and a sin forbidden in a sensible term; by the addition of a more general term, to express God's meaning more fully; lest men should seek liberty in restraining the former term more narrowly. The Commandment against theft is set down in the sensible term of stealing: the iniquity whereof is apparent and sensible, discerned at the first sight to be injurious. But lest men should restrain the meaning of God's law to that theft which is so sensible; the holy Ghost addeth, dealing Leu. 19 11. falsely, or circumventing: teaching thereby, that the over reaching of our brethren in bargaining and contracts, by any cunning and crafty dealing, is included in theft, though the iniquity of it be not so apparent as that which is properly called stealing. In like manner, lest men desiring to get themselves some liberty in this sin, should restrain Neshec unto that palpable biting and oppression which hath no colour of equity, God hath therefore added a more general term, forbidding all increase: adding that term ever in the second place, as an explication of the former. If any man therefore doubtful of this branch already handled, concerning the very words of God's law, be desirous to resolve his own conscience; let him frame his case aright on this manner, and he may easily resolve himself of the safest way. Seeing the Law and Prophets have simply and directly forbidden usury, under the proper terms both of biting, and increase: and seeing on the other side, that usury is a delicate gain desired of many; the question is no more but this, whether we should labour by distinction to restrain the words of God to our desires, that we might practise some moderate usury: or endeavour to conform our desires to the words of God, that we might keep a safe conscience. §. 3. The second exception is personal. We are forbidden (say they) to take usury of the poor, but not of the rich; for so Exod. 22. 15. runneth the text: If thou lend money to my people, that is, to the poor, thou shalt not be as an Usurer unto him, thou shalt not oppress him. Again, If thy brother be impoverished or fallen into decay, thou shalt take no usury of him. Whereupon they would infer, therefore of the rich thou mayst take. These two answers be current in every one's mouth. First, that God for bad only biting usury. Next, that we must not lend upon usury to the poor. Are we forbidden then to bite the poor only? and is it lawful to bite the rich? If thou lend money to my people, that is, to the poor, thou shalt not be a Noshec unto him; that is, a biting Usurer. Mayst thou then be Exod. 22. 15. a Noshec, a biting Usurer to the rich? See then how unsuitable these conceits are, that one overthroweth another. Is it only biting and oppressing usury which Gods law forbiddeth? then surely there is no respect of persons, we must not bite or wrong any, be he rich or poor. But what is their reason, why we may lend upon usury to the rich? because there is mention of the poor only in the text, therefore it is likely the rich are not meant. It is true the poor are mentioned, and for that God saw great reason, because they be most likely to borrow, and readiest to be oppressed. And in the wilderness where this law was given, there was none borrowed but only for need: therefore are the poor only mentioned. Immediately before this law of usury in Exod. 22. 22. is there a law for widows and fatherless children: Thou shalt not trouble any widow, or fatherless child. Doth it therefore follow that thou mayst trouble a married woman, or a child that hath a father? This Logic were no good Divinity: those are named only which are most subject to oppression. Yet this difference is urged by the most learned of them, who seem any ways to favour usury: f Calvin. Epist. de usura. Quiamelius potest carere absque damno: Because the rich cannot feel the biting so well; he may spare it better than the poor. If this were good reasoning, what sport might thieves and robbers make with Salomon's words; g Prou. 22. 22. Thou shalt not rob the poor, because he is poor? Therefore we may rob the rich because he is rich, and may well spare it. Observe further in the very text, as if God of purpose would prevent this cavil. In Deuteronomie there is no mention of the poor at all, but the Law is delivered in general terms, h Deut. 23. 19 Thou shalt not give upon usury to thy brother, but to the stranger thou mayst. There is no limitation or toleration to any, but only to the stranger. If he be thy brother thou mayst not take usury of him. Is not the rich thy brother, as well as the poor? Add moreover, that as when the Law was given, there was none that borrowed but only the poor upon necessity: so afterwards in the i Ezek. 18. 13. 17. Cham 22. 12 Psal 15. 5. Prou. 28. 8. Prophets, when there might be usury among the rich also, there is no mention of the poor: but usury is absolutely forbidden without respect of persons. If the law of God should extend no further then to the persons mentioned at the first giving of it, we should make it very defective. For being given in the wilderness before the peaceable establishing of Commonweals or king domes, it was then directed unto particular families, k Exod. 20. Honour thy father and thy mother: yet by virtue of these words, do Kings and Emperors of due challenge obedience, though at the first giving of the Commandment there was neither King nor Emperor in Israel. So likewise though the poor only were mentioned at the first, because none but they did then borrow, notwithstanding this intent of the law is to be extended, even as usury shall extend itself to all persons whatsoever. Last of all, it shall appear that there may be as unlawful and as biting usury in lending to the rich, because he is rich; as to the poor, because he is poor. Therefore personal difference cannot distinguish lawful and unlawful usury. Because thou wilt not oppress the poor, thou wilt lend thy moneys to a rich Merchant, who shall take no hurt, but gain largely both for himself and thee. I demand then to what end doth he borrow, being of so sufficient wealth? Forsooth that he may compass greater matters than his own stock will reach unto. I ask then, what warrant there is in equity and conscience, either for him to borrow, or thee to lend? If God hath blessed him with a stock of his own, by which he may live in good fashion, shall he out of a covetous and vain humour to become a Royal Merchant, reach beyond his reach? Let him plough with his own heifer, and m Pro. 5. 15 drink of the water of his own well: else he bewrayeth a covetous and ambitious mind, contrary to the Apostles rule: n Heb. 13. 5 Be content with those things which you have. He tempteth God in venturing more than his own: whereas a Christian man's resolution should be, that whatsoever befalleth, though jobs calamity fall upon him, yet so near as he can, he should lose no more than his own. God's law did intend that none should borrow but for need. A rich man, I confess, may need upon occasion, and thou mayst lend him freely to receive the like courtesy from him another time: but to lend him that he may get double or treble gain for thee and himself, with thy wealth (who perhaps is of Master o Dr. Wilson, fol. 5. Gromelgainer his opinion, who thought in his conscience that a Merchant's gain is not to be stinted;) to lend to such a one, I say, is to feed a greedy and ambitious mind in another, for which thou standest answerable; because thy money if it come to thee on God's name, is God's blessing, and God hath made thee a steward of his blessings; thou must therefore give an account, when thou givest up thy stewardship, how thy money hath been employed. Lend not then to the rich, because he is rich. For as to lend him freely is no charity, because he needs it not; so to lend him upon usury is no equity, because thou dost thereby enable, yea and encourage him the more to fat himself by feeding upon the Commonwealth: who will be sure with thy money to pay thy usury; to be a sweet gainer himself, and to supply all by-losses beside, or he will want of his will. It was not therefore the meaning of God in his law to make any such personal limitation of lending to the poor only, seeing that by this kind of loan even to the rich also, there may be biting and oppression in great measure: which cases though they be not essential to the act of usury, yet are they sufficient to demonstrate that the personal difference of poor and rich, doth make no real distinction betwixt lawful and unlawful usury; which is to the purpose of this second exception. Let us see further if there be any other shift which the wit of man hath devised to avoid this law of God. For neither of these two can stand by itself: and if we join them together one overthroweth another. For shall we stick close to Neshec, and condemn only biting usury, as if there were some which did not bite? Then must we respect no persons, but give over this distinction of poor and rich: for verily we must bite none. §. 4. A third exception is real, against the obligation of the law itself. For that which is chiefly pressed, by Molineus and his fellows in this assertion, is this: That usury is no further forbidden by that law of God in Moses, than it is opposite to the rules of justice and charity. Which we do grant them most freely. For no more is theft, adultery, murder, or any other transgression of the second table forbidden any otherwise, then as it standeth in opposition to justice and charity. For charity (saith the Apostle) is the fulfilling Rom. 13. 10. of the law. So that whosoever transgresseth the law, transgresseth justice or charity; though not all alike, nor in the same degree of evidence to be discerned; but some more obscurely than other: which thing begetteth so many difficult cases of justice in laws, and of conscience in Divinity. Amongst which this case of usury is not the least, because the iniquity of it cannot so easily be discerned, as of theft and bare faced robbery, whose malice and injustice doth open itself to the first sight. And that usury is a thing in itself inordinate, and so consequently opposite to justice and charity both, shall be more fully expressed when we come to the arguments drawn from those places. But our present business in this Chapter is to deal with the very text of Scripture, the written law of God. Their meaning then who would patronize usury is this: that God's express law against it is not moral binding Christians; but judicial or politic only, framed peculiarly for that Commonwealth of the jews. Which conceit likewise overthroweth that former distinction of biting usury: for if God in that law do forbid biting and oppressing usury only, then is that law moral binding Christians as well as jews: except they would muzzle the jews, and give Christians liberty to bite and oppress their brethren. These groundless conceits are built likewise with untempered mortar, they overthrow one another and themselves. When we look into the consent of Interpreters, we shall find no question made, but the law against usury is moral and as binding as may be. Look into the Prophets, and they ever combine this sin of usury with the transgressions of the Moral law in the highest degree, with lying, backbiting, deceit, wrong, bribery; Psalm 15. with Idolatry, oppression, adultery, cruelty, unmercifulness to the poor, bloodshed and murder: Ezek. 18. with the profanation of holy things; with the abomination of uncleanness; with the unnatural sins of incest, Ezek. 22. Usury (saith S. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Supplem. vers. 14. Basil) is placed among the greatest abominations; all of them transgressions of the Moral law. It is true indeed there is a judicial and politic toleration annexed unto this law, q Deut. 23. 20. that the Jews might take usury of strangers; but that maketh not the law itself judicial, but rather moral. The jews had a divorce permitted unto them r Deut. 24. 1. in the same book of Moses, the next chapter, and yet the 7. Commandment, to which that belongeth, is moral notwithstanding: In like manner the jews might take usury of strangers, which was a peculiar toleration for that nation, yet the law against usury is moral. Of which peculiar permission there was special cause: whether we take it for all strangers in general, or for the Canaanites and those who dwelled among them in particular. 1. If it was lawful for jews to exact usury of all strangers that were not jews, that was permitted of God, as a wise lawgiver to prevent the greater oppression of his own Church and people. For if the jews had not had power to have made their part good with the wicked Gentiles, the Gentiles would have eaten up God's people. Besides, such was the hardness of jewish hearts, that if they might not have taken usury of strangers, they also would have made a pray even of their own brethren. Which toleration in civil respects might absolve the jews in the external Court, but not in the Court of Conscience; no more than the toleration of divorce did dispense with that s Mar. 10. 5 hardness of their hearts before God. 2. If by stranger in that toleration be meant only the remnant of the Canaanites, as t Lib. de Tobia, cap. 15. S. Ambrose and u Lib. 6. in Ezek. 18. Hierome among the ancient, junius and Tremellius of latter time have expounded it: then is there a more special reason of it, that they might devour them by piece meal, whom they could not overcome at once. Whereupon saith S. Ambrose, x Lib. de Tobia, cap. 15. Ab hoc usuram exige, quem non sit crimen occidere: Thou mayst lawfully take usury of him, whom thou mayst lawfully kill. Now when the Canaanites were once suppressed, we find all usury ever after simply forbidden without any such limitation. So the Hebrews understood the 15. Psalm, as if it were unlawful for a jew in David's time to take usury of any Gentile. Which y In Exod. 22. 15. Lyranus reporteth to be the opinion of Rabbi Solomon, and which z De arcanis Cathol. veritat. lib. 11. c. 4. P. Galatinus noteth to be the judgement of the Rabbins in general. To which assertion S. Hierome upon Ezekiel subscribeth: * Lib. 6. in Ezek. In the beginning of the law usury is forbidden towards thy brethren, in this Prophet towards all. Which special permission of lending to a stranger (be it Cananite or stranger in general, which for the present conclusion I leave as a thing indifferent) doth rather confirm that law whereto it belongeth to be moral, then otherwise; and so consequently usury to be simply unlawful. For lawful things have no need of permission. Last of all, let that permission of lending to a stranger pass as nothing concerning Christians, because the partition wall being taken away, we are all brethren: and then the question for the interpretation of the law dependeth chiefly upon this point, how far that law of Moses against usury did bind the jews among themselves? If all increase above the principal then was simply forbidden to the jews, as is granted by them who make this exception; I demand what warrant Christians have in assuming greater liberty herein unto themselves, than was granted unto the jews? Our Christian liberty I confess is much greater than theirs was for rites and ceremonies, which were shadows of things then to come, as the Apostles do warrant us. But for matter of equity and charity among brethren, God did use more toleration and connivency towards them, than he doth toward Christians, of right looking for more fruit at our hands then theirs, in regard of that Gospel of grace which we do enjoy. If that usury alone which hath a Neshec or oppression in it was forbidden in the Law, as opposite to the rules of justice and charity, than was not that law judicial or peculiar for the jews, but obligatory and standing in as full force and virtue amongst Christians, as ever it did amongst them. So that grant them whatsoever they will demand, let them wind themselves which way they list, yet the law of God maketh strong against them both in letter and sense, condemning all usury for a sin. §. 5. As usury is a sin in itself by the censure of the text, so is it branded by the holy Ghost for a sin of that nature and degree which doth make shipwreck of conscience: the continuance of which sin cannot stand with the grace and favour of God. For God hath in his law noted this sin, amongst others, with some special marks of impiety, & hath sealed his law against usury with his own signet and great seal. The same motive which God useth by way of preface for the keeping of all his Commandments of both tables, he hath singled cut and annexed it to this law against usury: Thou shalt not give him thy money to usury, nor lend him Leu. 25. 38. thy victuals for increase. I am the Lord your God, which brought you out of the land of Egypt, etc. And again, Thou vers. 36. shalt not take usury of him, nor advantage, but thou shalt fear thy God. As if usury and the fear of God could not stand together. Ezechiel also concluding all the abominations therein mentioned with usury, he sealeth it up with that fearful censure, Shall he live? he shall not live, he shall die the Ezek. 18. 13 death, his blood shall be upon him. And as David doth excommunicate the Usurer out of Psal. 15. the Tabernacle of God's Church, and deprive him of eternal rest in the holy hill; so doth his son Solomon menace a curse upon his wealth so gotten, and upon his posterity, who hoped to have enjoyed the same. He that increaseth Prou. 28. 8. his riches by usury and interest, gathereth them for him that will be merciful to the poor. That is to say, the usurers children shall never enjoy them. How true that is which the painful Preacher Master Smith observed concerning the children In the Sermon of Usury. of such in London, who grow wealthy by interest; and that which the penitent Merchant in D. Wilson remembreth of usurers issue, I leave to them who out of longer experience can speak of that point. Let every one therefore who desireth to resolve his conscience for this matter by Scripture (the only true ground of a Christian resolution) let him consider, I say, how neither usury nor interest, biting usury nor increase is ever once named in the book of God, but it is condemned; condemned amongst such abominations as bring a curse in stead of a blessing: an eternal curse upon the soul of the Usurer, and a temporal curse upon his wealth & posterity. Let some of these tender consciences, who are so urgent to call for warrant out of the book of God for every ceremony and matter of form in the Church, seek a warrant for this their practice, which so nearly concerneth them; and let them seek it at the Oracle of God, who hath not left it, as he hath many other things, either to the discretion of the Church, or wisdom of Commonwealths; but hath vouchsafed to determine it in his own book to our hands: to set down an express law against it in Exodus; to renew and revive that law again and again in Leviticus and Deuteronomie; to ratify and confirm it with no other words than himself used at the publishing of the whole Moral law; to specify the only limitation which he meant to tolerate for a time; to add the promise of blessing to the keepers of this law; and to denounce such fearful judgements against the transgressors of the same, upon their wealth and posterity in this world, upon their own souls in the world to come. Since it hath pleased the Almighty God thus fully and exactly to express his will for our resolution in this point; let us not be so ready to fly from his express word to human inventions; I mean those devised distinctions which favour the service of Mammon more than the service of God; which savour the things that be of men, to wit, the profit, the ease, the security, the sweet gain of Interest; a trade which flesh and blood must needs affect and be greatly inclined unto. CHAP. III. Of the testimony of ancient Fathers. THere be a sect of spirits in the world, who can not with patience endure to hear any authority alleged save only Scripture: as if the very bare text itself did speak so evidently to their understanding, that there were no need of an Interpreter. And it falleth so out in this business, as it doth in few points of question beside; that I could be very well content they would retain their opinion still, and put all Interpreters to silence; so might we spare further labour, and the question were at an end. For the text never mentioneth any kind of usury, but with detestation, without distinction, difference, qualification; condemning it, cursing it, denouncing plague upon plague upon it, as upon a sin most odious. But see how strangely it is come about of late times, that even those spirits which are most nice in these points, now the question is come to a matter of profit and gain, are of all others most ready to avoid the text, by new devised tricks and inventions of men. Against these let us ask counsel of the ancient and holy Fathers of the Church. So doth God by his Prophet direct his people of that time: a jer. 6. 16. Ask for the old way which is the good way, and walk therein, and you shall find rest for your souls. The way of these ancients, next to the Apostles, was the old way, and no doubt the good way, if we had grace to walk in it. We think ourselves wiser than they; but I am sure they had more religion than we. Of this new learning for the defence of usury, I confess they were altogether ignorant. Though they were fathers, yet concerning naughtiness b 1. Cor. 14. 20. they were children, as the Apostle wisheth them to be; they did simply and plainly take the holy Ghost as he spoke, conforming themselves to the Scriptures in this point most exactly; never mentioning usury, but condemning of it with so many invectives, as would fill a whole volume of themselves. But it shall be sufficient for us only to give a taste of some few, resting ourselves upon this general observation, as for this point unanswerable, that we find not any of them which writeth of it, but writeth against it, without any mincing or qualifying of the matter. If we reverence the judgement of reverend men, both for their learning and sanctimony of life, let us begin with that ancient holy Father, who hath fully expressed himself for this point: S. Basil the great, that little spark of Religion, as c In Epist. ad Basil. Nazianzen calleth him, left alone in the East, when all true professors seemed to be extinct. In his Supplement upon the 15. Psalm he taketh this point in hand, grounding his censure first upon the Law and Prophets, which in his understanding do clearly forbid usury, and account it amongst the most hamous transgressions. To exact of the poor which borroweth for need is inhuman; yet such inhumanity was practised in his days. Which thing though it be not the point now in question, yet the relation which that Father maketh of it, doth directly strike at the nature of all usury whatsoever. Take Salomon's rule (saith Basil to the borrower:) drink of the waters of thine own well, sell thy cattle, thy plate, thy household stuff, thy apparel, sell any thing rather than thy liberty. Worthily is usury termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, (as the same Father continueth his speech) for it breedeth and bringeth forth so many mischiefs one in the neck of another: an unnatural brood, like the generation of vipers, which eateth through the entrails of the mother. An unnatural and monstrous brood: for whereas all fruits and cattle have their appointed times to engender and bring forth to their Lord and master; money to the Usurer bringeth forth to day, and beginneth a new travel to morrow: nay that young breed which was but brought forth to day, beginneth itself to bear to morrow. And whereas other creatures, the sooner they begin to bear, the sooner do they leave off; Money by usury beginneth betimes, & increaseth without end. Come not therefore under the slavery of this monster. Thou hast hands, thou hast some calling; do somewhat and live accordingly. If thou be rich, thou needst not to borrow; if thou be poor, borrowing will not relieve thee. wouldst thou renew Sampsons' riddle, Out of the eater came meat? wouldst thou gather grapes of thorns? The thorns will wound and pierce thee: thou fallst into the hands of those * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. monthly devils, which follow the course of the Moon to afflict poor men with a foul ill or falling sickness. Thus and much more fully to this purpose hath that learned Father written, dehorting all men poor and rich from borrowing in this kind, inveighing over bitterly against Usurers, not only for their greedy cruelty against their poor debtors, but for living upon so unnatural and unkind increase as usury is. Dogs, monsters, vipers, devils? This is too harsh. But we must bear with him; if he lived, as they write he did, most upon bread and salt, may be it was his humour to give such dry and sharp censure upon the money-mongers of his time. Let us see then what S. Chrysostome thought, who hath taken great pains in this point; his golden mouth, we hope, will utter no such bitterness. He lamenteth much the estate of the Church in his time, In Matth. Hom. 57 Gravis (delectissimi) morbus, etc. for that so grievous a disease as usury is, was then fallen upon it: yet they were very charitable Usurers in his time; for their ordinary excuse was, Foeneratus sum, sed pauperi obtuli; I have taken usury, but I have given it to the poor. But God (saith Chrysostome) is not delighted with such sacrifices; thou hadst better not give at all then give such alms. Do not you yourself count usury sordid? Do not the laws forbid Senators and public persons to defile themselves with such filthy lucre? This law against usury (saith the same Father) was given to the jews in the beginning, Homil. 41. in Genes. when they were but rude, that they should not take usury of their brother; how can Christians than be excused who show less humanity to their brethren then jews, and are found worse in time of grace then the jews were under the law? The author of the unfinished work upon Matthew, Homil. 12. though it be not Chrysostom's, yet agreeth with him in this; that while usury seemeth to give, it taketh; while it seemeth to succour, it oppresseth; while it delivereth from one bond, it inwrappeth in many. It lulls men asleep like the poison of asps, and as leaven it converteth the whole substance of man into his own nature, that is, into debt. For Clemens 2 Strom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 2. Alexandrinus, for b Epist. ad Lato. Greg. Nyssen. for c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Gregor. Nazianz. etc. it will be sufficient only to gather their voices; because they did but taste and spit out. §. 2. If we look Westward, d Lib. 4. cont. Martion. Tertullian doth but touch it, and reject it. e De vero cultu l. 6. cap. 18. Lactantius saith, It corrupteth the benefit of loan, against charity; it taketh that it never gave, against justice: and a righteous man will never be polluted with such gain, but will ever have his lend to be reckoned amongst his good deeds. f Lib. de Tobia ca 12 S. Ambrose saith, There is nothing more horrible than an Usurer; he is an odious man, and his money is a viper. In conclusion, he useth this argument against it: Si licitum, est cur vocabulum refugis? cur velamen obtexis? Si illicitum, est cur incrementum requiris? If usury be lawful, why dost thou avoid the name? why dost thou put a vail over it? If it be unlawful, why dost thou receive any increase? If we desire S. Augustine his judgement for this point, (who is in stead of many) he is so confident that he appealeth to the Usurers themselves, who practised in his days: g In Psalm. 36. Quam detestabile sit, quam odiosum, quam execrandum, puto & ipsi foeneratores norunt: How detestable a thing it is to give money upon usury, how odious, how execrable, I suppose the Usurers themselves are not ignorant. But he might happily speak of some excessive usury, or extortion. Observe therefore how presently he explaineth himself in the very same place: Si aliquid plus quam dedisti expectes accipere, foenerator es & in hoc improbandus: If thou look to receive any thing more than thou gavest, thou art an Usurer, and therein to be condemned. The common objection which is made for usury in the behalf of such as have a stock of money and not skill to use it; is answered by the same Father somewhat sharply: Audent In Psalm. 128. etiam foeneratores dicere, non habeo unde vivam; hoc mihi & latro diceret deprehensus in fauce: hoc mihi & effractor diceret deprehensus circa partetem alienum: hoc mihi & leno diceret, emens puellas ad prostitutionem: hoc mihi & maleficus diceret, incantans mala, & vendens malitiam suam: The Usurers also (saith he) dare say they have not else whereon to live: so may the robber say, taken in the thieves haunt: so may the burgler say, catched under another man's wall: so may the bawd say, who buyeth young women for prostitution: and so may the witch say, enchanting mischief, and selling even malice for money. His final sentence is, h Ad Macedon. & Habet. 14 q. 4. Can. Quid dicam. That Usurers belong not to the Church of God. Shall we descend any further? Leo the Great is well worth the noting: i De jeiunio. 10. mensis. seim. 6. Quilibet sequatur eventus, mala semper est ratio foenerantis, ut aut miser sit amittendo quod dedit, aut miserior accipiendo quod non dedit. Multiplicatur quidem facultas iniustis & tristibus incrementis, sed mentis substantia contabescit; quoniam foenus pecuniae funus animae: What ever the event be, bad is the condition of the Usurer: for the wretch shall either lose that he gave, or be more wretched in taking that he gave not. His substance indeed is multiplied by unlawful and woeful increase, but the substance of the inward man dieth. For moneys interest is the soul's funeral: a dead soul, dead and buried in sin is the soul of the Usurer. Let me conclude with devout k Epist. 322. ad Spirenses. S. Barnard: Taceo quod sicubi desunt judaei, peius judaizare dolemus Christianos foeneratores. Si tamen Christianos, & non magis baptizatos judaeos convenit appellare. He writeth with grief that which willingly he would conceal; That if Iewes were any where wanting, Christian Usurers did play the jews worse than themselves. If it be fit (saith he) to call them Christians, and not rather baptised jews. So far were these holy learned Fathers from moderating or qualifying this practice of usury, that whensoever any of them do meet with it, they sharpen their pens as if their spirits were moved and stirred in them more than ordinary. Verily they discerned some malignant and venomfull quality in usury, which opposed itself unto that spirit by which they wrote. CHAP. FOUR Of the later times of ignorance. AS the body is proportionable to the head, so is the mystical body of Christ conformable to himself, especially in his passion. For as the Church shall be like him in glory, so must she be likewise in suffering. As Christ therefore had first a bloody and then a cloudy passion, when a Mat. 27. 45. darkness was upon the earth, from the sixth hour to the ninth: so after those bloody persecutions of the primitive Church were over, that she grew from peace to security, she was strangely eclipsed with ignorance and blindness; a mist of darkness was upon her; during which time notwithstanding many points of morality, especially this against usury, did continue and retain their former integrity. Which I must ascribe especially unto two causes. 1. First, the doctrine concerning works of charity was very well preserved & vehemently enforced in those times; because it was a profitable doctrine by which the Church did thrive and grow full. Therefore they would be sure to keep out those sins which strike so directly at Charity, as Usury doth; like that cambium siccum, which drieth up the very root of charity and equity. 2. Secondly, the Fathers of the Church by their invectives, in former times, had made such an impression in the minds of Christians against usury, that in time it grew so odious and detestable, as it was no fit time for the devil to bring in that sin, unless it came very cunningly disguised: in so much as b Centur. 12. 4. Petrus Cantor. there was scarce one Usurer to be found in a whole city. Neither would he practise but by secret stipulation, and protestation, that he should not be discovered. If he were but suspected (as in time he must needs be) his house was called the devils house; and so every thing he possessed; the devils field, the devils vineyard, the devils pit. Not any of his neighbours would communicate with him, so far forth as to fetch fire at his house. The children in the streets were scared at the sight of him, as if some bu●begger had passed by: running aloof they would point at him with the finger, that others might know him, as if some strange monster were to be seen. When after in process of time the practice of it grew more common among Christians; yet the learned amongst them would give most hard censure upon Usurers in their writings & preachings. c Petrus Blesens. Epist. 131. Foenerator tristissimos habet exitus huius vitae: cuius mors detestabilis, cuius finis interitus, cuius damnatio sine fine: Most woeful is the passage of the Usurer out of this life; whose death is detestable, whose end is damnation, whose damnation is without end. The school Divines of both houses are clearly against usury; usury of all sorts. The Thomists and Scotists have no quarrel at all for this question. It were extreme folly to blot paper in the alleging of particulars, there is not any of them but doth absolutely condemn all usury as simply unlawful. Where observe how the most acute and subtle wits of those times, who did set themselves to coin distinctions, and to find out most exact differences of things; who were able to dart an argument, as the men of Gibeah did stones, d judg. 20. 16. it an hairs breadth; yet were never so quick sighted (as some in these days be) to spy out that case, wherein usury is lawful. CHAP. V. Of Counsels. WE have taken a brief view of the judgement of the learned thus far, and in them of the Church: wherein we find a full consent and harmony without any jar at all. But as Almighty God Gen. 1. 31. (after his particular review of each days work, wherein he saw it was good) did at the last take a more general review of the whole frame of heaven and earth, and then saw that it was very good: So if we take a general view of the Church assembled in Counsels, we shall find that this we have said is very true. What the Church did take usury to be, is defined in the Council of Agatha under Symmachus. Vsura est ubi amplius Tom. 2. pag. 308. requiritur quam datur: When any thing more was received then was delivered, as the Council giveth instance in money and corn. The first Council of Nice decreed against it: Sanctum & magnum concilium just statuit, ut si quis inventus fuerit Can. 18. post hanc definitionem usuram accipiens, abijciatur à Clero, & alienus à Canone sit. And Clergy men were never degraded but for deadly sin. The first Council of Carthage held it filthy lucre. The Elibertin Council degraded the Clergy, and excommunicated Can. 12. Can. 20. the Laity for the same. But the Lateran Council under Alexander the third Can. 1. was most bitter; who when question was made by Panormitan an Archbishop, whether usury might not be dispensed withal for the redemption of poor Christians taken captive by the Saracens; returned this answer: Praesentibus tibi literis duximus respondendum: Quod cum usurarum crimen utriusque testamenti pagina detestatur, super hoc dispensationem aliquam non vidimus admittendam: That since both old and new Testament hath made usury detestable, no dispensation was to be admitted, no not for the redeeming of Christian captives. It was decreed in the same Council, that manifest Usurers Ibid Salermitano Episcop. should be deprived of the communion and fellowship of Christians in their life, and of Christian burial after death, till their heirs had restored their usury. Alexander explaineth it further, that such restitution was to be made to their heirs, if they were dead; if heirs were not to be found, it went to the poor. The Council of Vienna under Clement the 5. condemned all for Heretics who held usury to be lawful. By this that briefly hath been said, we may gather what hath been the sentence and censure of the Church both in her time of purity, as also since the time that by long standing still, she had gathered corruption. It remaineth now that we examine how far she hath been purged and reform concerning this point of usury, by our later Divines. CHAP. VI Of the testimony of Divines in reformed Churches. IF there be any hope for usury, now we are come unto it. Men care not much for antiquity, if novelty will help them to so easy and sweet a gain. Let us begin with Luther, and see In Psal. 15. what he findeth worthy of reformation in this point. Now we must remember that in his time there was crept into the Church a cunning kind of masked usury allowed of by the Pope, termed contractus redemptionis, a bargain and sale with covenant of redemption, if the money be paid back again at such a day. The toleration whereof is by him made a note of Antichrist. Nec sic tamen adesse Antichristum ullus credit: He was angry with the world that men would not believe the Pope to be Antichrist, for toleration of a little spice of usury. So far was Luther from favouring of it. But we have very wisely of later times left out this note. And surely if we had no greater matters to lay to the charge of the Pope, than toleration of usury, I think we should yet look for another Antichrist. Melancthon proveth expressly, that what gain soever is Definitiones appellationum. demanded for mere loan, is simply forbidden in Leviticus and Deuteronomie; that it is directly repugnant to equality and justice; that it doth exhaust men where it is used; that the cloaking of it under the name of honest interest, is a mere sophistication. That worthy writer Chemnitius hath written a large treatise Loco de paupert. cap. 6. in his Common places against usury, answering all their arguments and cavillations, showing what cold comfort it is for a conscience to rely upon new devised distinctions, against such express & general prohibitions of Scripture. Aretius urgeth the same point not only out of Moses and Problem. de usura. Luk. 6. 35. the Prophets, but as simply forbidden by Christ, Lend, looking for nothing again. Understanding it not of the principal, but of increase, because of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if it were not a lending but a free beneficence, if the principal were not to be expected. Howsoever that place may be subject Illud tamen certum est, multò magis prohiberi foeneratorias pactiones. Beza in annotat. Luc. 6. 25. Supplem. in Psal. 15. to other interpretation; yet by many pregnant proofs beside doth he absolutely condemn usury. And albeit Beza differ from him in expounding that text; yet even from that text doth Beza condemn usury. Musculus likewise dischargeth his conscience against all usury, even that of Orphans. But with little hope of amendment; for his conclusion is, that Divines shall reform usury, when Physicians have cured the gout. Both are uncurable; this as great a sin, as that a disease, and will one day rack the conscience, as that doth the sinews, if it be not prevented in time. What should I speak of a De puritate tabern. Erasmus, of b In 6. Luc. Zuinglius, of c Cateches. in Exod. Precept. 8. Camerarius, of d In Prophetas minor. Oecolampadius, of a number of others, whose very names would replenish a page, all of them simply and directly against usury. This hath been the general judgement of the Church, for above this fifteen hundred years, without opposition, in this point. Poor silly Church of Christ, that could never find a lawful usury, before this golden age wherein we live. §. 2. But yet are we not come to the main point: for the Helvetian Divines, and some of Geneva, are supposed to stand close by them, able to answer whatsoever can be said against usury. They ask what we say of Calvin, Bucer, junius, Zanchie, Hemingius, and others of that rank? We say they were as worthy Divines as ever the Church enjoyed, since it enjoyed them. But the question is, what these have said of usury. Let us take a taste of the principal of these, upon whom Usurers do chiefly rely as upon their chief patron. Master Calvin hath said much of it: yea and by their leaves, much against it. Writing upon the 18. of Ezechiel: Certe foenerator semper erit latro: hoc est, qui quaestum faciet ex foenore ille predo erit: Certainly (saith Calvin) an Usurer will ever be a thief: that is, he who will be a gainer by usury will be a spoiler. This is an unkind salutation. But he said as he thought: for upon 15. Psalm he thinketh, there is scarce an honest man of an Usurer to be found in the whole world. Moreover, he saith where he writes most favourably: In repub. bene constituta nemo foenerator tolerabilis est, Epist. de usura. sed omnino debet è consortio hominum reijci: An Usurer (saith Calvin) is not tolerable in a well established Commonweal, but utterly to be rejected out of the company of men. Certè foenerare quaestus est illiberalis & indignus homine tam pro quam honesto: Verily (saith he) to play the Usurer is an illiberal gain, and unworthy either a godly or an honest man. But stay, is this the great patron of usury? Surely I would wish all Usurers to bless themselves from such patrons. Our next inquiry than will be, what is to be found in these men's writings, which hath given such encouragement to the Usurers of our time. CHAP. VII. Of their assertion who have most favoured Usury. HAd it not been for those banished men, who in time of persecution fled into those parts for succour, this doctrine against usury had never been called into question. But these exiles bringing stocks of money with them, and wanting skill to employ it in those strange places; it was pity they should have been driven to have spent upon the stock: therefore their money was used by others who had skill, and some allowance made to them for the use. This practice growing both common and public, it remained then that the wit of man out of a tender commiseration towards those who suffered exile for Religion, must try what it could do, if not directly to defend, yet somewhat to qualify the matter. Thus pity brought in practice, and practice must seek apology: Humanum est. But what apology hath it found? I find that these Divines deal with usury, as the Apothecary doth with poison, working and tempering it with so many cautions and limitations, that in the end they make it no usury at all. Let us begin with Master Calvin, who in this point moveth the rest of the planets; though not as Luther was wont to do before him; who like the primum mobile carried all by violent motion: but Calvin like the eight Sphere had certain motions of trepidation, as in divers points, so in this of usury. Being pressed by a friend to give answer by letter for a friend; whether usury be simply unlawful: Good Lord, how loath he is to be brought to the point, doubting that his friend would catch at some word, and for an inch take an ell! Metuo ne ille verbulo quodam arrepto plus sibi multo permittat quam vellem. a Optandun quidem esset omnes usuras, ipsumque adeo nomen è mundo iam priden exulasse: et nihil magis exeptem quam ut mihi necessitas non sit argumentum istud deinceps attingere. Wishing that the very name of usury had been long since banished the world: desiring nothing more but that he might never more be urged to speak to that point. And in conclusion, b Tantum abest ut istud a te pro edicto vel axiomate haberi velim, vel in eo plane acquiescere. admonishing his friend in any case not to rely upon his judgement. What might it be then that this learned man said, when he said the worst, which he was so loath to say? c Nullo testimonio scripturae mihi constat usuras omnino damnatas esse. Nondun constat usuram omnem esse prohibitam. Epist. That he was not yet by any testimony of Scripture fully resolved that all usury is altogether condemned. And supposing Moses his law against usury to be a politic law only, he inferreth that d Certum est durius etiam locutos esse prophetas de usuris, quia nominatim inter judaeos ille inter dictae erant. doubtless the Prophets did speak more hardly of usury, because it was forbidden, especially among the jews. Whereupon he concludeth, that e Nunc igitur concludo judicandum de usuris esse non ex particulari aliquo scripturae loco, sed tantum ex aequitatis regula. we must not judge of usury by any particular place of Scripture, but only by the rule of equity. Where note by the way how thus much is granted. If the very text of Scripture may be judge in this case, (as by his leave me thinks there is great reason that it should) then is all usury utterly condemned. But if we flee from the text unto our own rules of equity, and justice, man's wit in these days can spin out fine subtle cobweb cases, wherein iniquity shall hardly be discerned; and then forsooth some kind of usury may perhaps seem to be somewhat equal. Yet for all that Master Calvin will not venture to defend any case, except these rules following be very f Exactè enim attendere hic oportet. Epist. precisely kept. 1. The first, which he propoundeth by way of preface to his conditions, is, that a man must make no custom or Non probatur si quis usurariam quasi artem, etc. Epist. trade of it: once or twice and use it not. As S. Hierome saith of play and sport: Hoc potes facere, sed hoc non est opus tuum: We must not spend our life in sport; so saith Master Calvin, make a living of usury. 2. The second is, Ne exigatur ab egente: It must not be taken of the needy, or such as be urged to borrow upon necessity. 3. The third, that thou be not so addicted to gain, but that thou be still ready furnished, and willing to furnish thy poor neighbour in his need, freely. 4. Fourthly, that the rule of Christ be ever thy touchstone, to deal no otherwise then thou wouldst be dealt with in the like case. 5. The fifth condition is, that the borrowers gain be so Tantundem aut plus. much more, at the least, as thy interest cometh unto. 6. The sixth is, that not only a respect be had to the borrower, Quid expediat reip. but to the good of the Commonweal also, that that receive no prejudice. If he cut a few more such shreds, he will leave but small lawful usury behind. 7. The last is worst of all for English Usurers, to wit, that we never exceed the stint set down in the Country or Commonweal where we live. For our Statute now in force forbiddeth even the least increase above the principal; our law approveth none, but condemneth all; it suffereth none, but 13. Elizebeth preamble. punisheth all; yet with a difference, by the forfeiture of the interest, if it be under ten in the hundred: if it be above, it is then punishable by the forfeiture of principal and all. Calvin therefore (if we take in his limitations and lay them together that we mistake him not) will relieve us very little, even where he is most favourable. And because a In Epist. ad Eph. 48. Zanchie, who is held another great patron of Usurers, doth undertake to set down the true meaning of Calvin, Bucer, and others that wrote before him in favour of usury, let us hear what usury that is, which they meant. It is lawful to covenant for lucre, but under a condition, either expressed in the covenant, or kept in mind: that if it appear the borrower shall gain little or nothing, thy usury shall be little or nothing: and further if he lose of the principal, thou must bear part of the loss. Hoc enim postulat aequitas & charitas. This is the usury which Zanchie defendeth, and this (saith he) was the meaning of Bucer and the rest. Yet this is nothing but a mere partnership. If the lender take part of loss as well as of gain, it is no usury. If any exception be to be taken to this assertion, it is to those words: Sed sub conditione vel expressâ vel tacitâ; atque in mente pij creditoris confirmatâ: As if the bonds might run for the best security of the Creditor, to prevent fraud in the debtor: provided that he neither exact the bonds, nor intent to exact them: and where there is neither execution in the act, nor intention in the heart, there seemeth to be no poison of sin, the serpent is without a sting. So that upon the point Zanchie will give a man leave to be an Usurer in parchment, but not in heart: to covenant for his best security, yet never intent to execute his covenant. But this, me thinks, is too too cunning, plain dealing were the best. Verily God would have us both to be as we seem, and to see me as we be. For, as for a bad man to be good in show, is hypocrisy; so for a good man to be bad in b 1. Thess. 5. 22. appearance, is scandalous and offensive. It is great reason, I confess, that the debtor should trust the charity of the creditor, rather than the creditor should rely upon the fidelity of the debtor: and bonds in some cases may be lawfully made, which cannot be so lawfully exacted; as in forfeitures: exactions be commonly oppressions: but this is only in case where custom doth take away scandal, which in such a strange device as this is cannot be. Hemingius likewise after a flourish made, as if he meant to defend usury against all arguments taken from Scripture and reason; in the end addeth a proviso, which maketh his usury no usury. Si cui pecuniam tuam ad usuram dedisti, spoliatur, adeo ut ipsa quoque sors pereat, aut alioqui nihil lucretur: Christiani pectoris fuerit non solum sortem cum usura remittere, verum etiam de novo mutuum dare quo damnum acceptum resarcire possit: If by calamity the principal perish, it is the part of a Christian not only to remit principal and all, but to lend him more, that he may recover himself: which christian duty maketh it no usury, seeing the lender beareth the peril of his principal against the act of God. §. 2. All things therefore considered and laid together, these learned men seem in their writings not so much to defend usury, as to disable some of the arguments which are used against it; and therein I confess they may take some advantage, which breedeth a prejudicate opinion of the truth itself, even in the best learned: for as the worst enemy is a false friend, so the greatest adversary to a good cause, is a bad defender; for when learned men take a point in hand to examine, they will have a special eye to the grounds whereupon it is builded; and if they find the foundation or groundcels unsound, they have great reason to suspect the building: the conclusion is not stronger than the premises. The force of the Philosopher's argument taken from the barrenness of money, and the unnatural brood of usury, being mingled with metaphors, if it be not rightly apprehended, is obscure and doubtful. That also of spending money in the first use, as if use and property were unseparable, so much stood upon by school divines, is much subject to cavil: for there is sensible difference between spending a loaf of bread, and disbursing a sum of money for gain: for whereas a lose of bread once eaten hath no second use at all, either to him who eat it or any other; money laid out remaineth still, the same pieces to be used again by other, and the same sum in the equivalent to him that laid it out: and for the same individual pecces, which once delivered shall never happily return again to the same person, there may be some difference in a Philosopher's brain, but not in a Merchant's purse: it is all one in Commerce, whether it be a james or an Elizabeth, whether it be the same shilling or as good. Chemnitius therefore in his treatise against usury, doth advise us not to lay so much weight upon these arguments as upon those reasons, which are derived from Scripture: and albeit these also have some force in them being urged to the right purpose (as hereafter we shall have occasion to examine;) yet I do verily persuade myself, that the very conceit of the weakness of these grounds, hath moved many to think more favourably of usury itself then there is just cause. Another motive which caused these Divines somewhat to decline the beaten way in this point; was, because in detestation of usury some lawful contracts also have been condemned by some for usury, which do but coast upon it: so that the very point of difference between us for the matter itself, doth only concern some cases of greater difficulty, whose equity or iniquity can hardly be discerned. Cases of a mixed and middling nature between usury and partnership, or some like lawful contract; in which cases, if upon examination there be found no iniquity or inordinate thing, than I hope those cases shall also be found to be without the compass of that received definition before expressed. If the question then do fall upon some particular cases which are doubtful, whether they be usurious or not; I make little question but the main point will be easily agreed upon amongst the learned: That usury properly so called is simply unlawful. I would to God the unlearned would be as easily persuaded to make conscience of that wherein Divines of all churches in all ages do accord; even so far as they do accord. CHAP. VIII. Of the testimony of Philosophers and Historians. THe testimony of Divinity is sufficient to prove usury a sin: yet if the light of nature be able also to discover the same, it will aggravate the matter much more: there be moats which are not discerned but in the sunshine, as * Rom. 7. 7. S. Paul saith, He had not known that concupiscence had been a sin, except the law had manifested the same: and suppose usury were but as a moat in the eye, yet even that were troublesome, because the eye is tender, as the conscience of every Christian ought to be: but if the inhabitants of the regions of darkness, who never saw this sunshine of revealed truth, shall notwithstanding discern usury to be a thing inordinate and vicious; doubtless then it is no moat. Beams may be discovered by the twilight of nature, and so hath usury ever been held even among the heathen for a gross enormity. a De legib. 5 Plato in his laws, and his scholar b Politic. 1. & 7. Aristotle in his Politics have forbidden it as unlawful, and condemned it as unnatural. c De re rustico. Cicero Offic. 2. Cato maketh it twice as bad as theft, and doth equal it with murder. d De Benef. 7. Seneca findeth a place for it in the calendar, but not in nature. e Histor. Nat. l. 33. 3 Pliny saith, it maketh idleness itself fruitful. f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plutarch writeth that the usurers do mock the Philosophers for that old principle, ex nihilo nihil fit; because they can make something of nothing: yet for all that he takes them not for God's almighty, but terms them plain devils; such as Plato describeth in hell to be fiery executioners to torment damned souls. So these cursed usurers (saith Plutarch) being themselves turned devils, have turned Ibidem. the judgement hall into hell. Were he not a heathen man, I should be out of patience with him for making so unchristian a comparison; and for laying such imputation upon courts of justice. But perusing it again, I find how he maketh the Usurer to cousin the law; for that he writeth into his bill or book more than he delivered. As for the purpose, lending 100 he putteth in 110. so the law taking the usury to be part of the principal debt, is deceived; and yet must do justice according to the evidence of the writings in most strict manner. Besides (saith the same author) they have sure bonds and obligations, like the chains Ibidem. and halters which Darius sent to Athens to bind the prisoners that should then be taken. Now if this be laid together, the comparison holdeth (very unhappily;) for unto a foolish man impoverished by usury, the judgement place is a very hell; the law is a torment, the usurers obligations be everlasting chains, whereout the poor soul shall never come till he have paid the uttermost farthing. The Philosopher therefore in all his book never directeth his speech to the Usurer, but leaveth him as a desperate person and incorrigible; advising others to beware of him, as of some foul evil: to dig unto the Potter's earth, that is, use all means of his own, rather than borrow of him: to avoid that quagmire (as he termeth him;) for if a man once begin to sink into his books, he will suck him up like a gulf; if he get out one leg, the other sinks: For a borrower (quoth he) is like a horse that hath once taken the bit, he may often change his rider, but one or other Creditor is still upon his back. It is wonderful that learned men of all ages should inveigh so bitterly against usury. It seemeth it is of a strange devouring nature, as the a Hinc usura vorax avidumque in tempore foenus. Lucan. 1. Poet termeth it, and brings men to great extremities, when poor b Aristophanes de nubibus. Strepsiades could devise no better shift than the hiring of a witch to pull the Moon out of heaven, that the usurers month might never come about. For, c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Usury (saith the old proverb) is swifter than Heraclitus, time seemeth to run so fast. §. 2. If usury than can find no footing, neither in Divinity nor nature; whereupon shall it stand? Divines would excommunicate it out of the Church. Philosopher's would prove it a monster in nature. Yet for all that it hath taken deep root in Commonwealths, both Heathen and Christian. d Dialog. 56 Mirarer in urbibus politicis huic flagitio locum esse, nisi esset & reliquis, etc. I would wonder (saith Petrarch) there should be any place in politic bodies for this grievous sin, but that there is place for the rest. Whereas (saith he) informer times Usurers were separated from the company of men; none came near them, but such as necessity drove unto them; passengers would avoid them as contagious persons: now they converse with Princes, and attain to places of dignity. How pernicious Usurers be to a Commonweal, we have heard from the pen of the best friend that Usurers have. For Master Calvin saith, e Epist. de usura. He is by no means to be tolerated in a well governed Commonweal. Divines profess little skill in State matters: but such as do profess, have written that f Cornel. Tacit. annal. lib. 5. usury is an old venomous sore. And g Bodin. de rep. lib. 5. cap. 11. other of later times inveighing against it, as the Canker, or gangrene of the Commonwealth, have condemned the Heluetians for tolerating five in the hundred. Tutius est usurarum non modo radices, sed & fibras omnes amputare. It is like twichgrasse, if the least thread of a root be left, it groweth and spreadeth without measure. The ancient h Cornel. Tacit. l. 6. Romans were wise, who seeing the mischief of usury, would tolerate by their twelve tables but one in the hundred; and whosoever exceeded that, should be punished i Cato de re rust. cap. 1. four fold, as if he were a double thief: for theft by that law was punished but two fold. After this it * Bodin. l. 5 cap. 11. was stinted at ten shillings in the hundred pounds. I hope this could not bite much. Yet after by L. Genutius it was quite taken away: and breaking out again, it was again suppressed by Tiberius Caesar, to his own great cost, who relieved the borrowers with a bank of five hundred thousand pounds, of purpose to root out Usurers. Again it sprouted up, and again was it straightly forbidden upon the pain of the forfeiture of all goods, movable and immovable, to be confiscate. What should I say more out of the experience that States have had of this mischief? k Centur. 15 cap. 7. Ludovicus banished Usurers in his time out of France. Yea and l Cent. 7. cap. 7. Mahomet himself hath condemned it among the Turks. So careful have governors ever been amongst Heathen and Barbarians to suppress this monster. For what Country hath usury been suffered in, which in time hath not rued the same? m Aelian. lib. 4. cap. 1 The Indians and Germans both were counted most happy before usury was known unto them. But what tumults it after raised in Germany, witness their own n Aretij Problem. de usura. writers. Sicily was in great bondage by usury, till Cato set it at liberty. Sparta in no less calamity, till Lycurgus redeemed it. Asia overwhelmed with it, till Lucullus redressed it. All Egypt so plagued with it, that they were glad to make a law, that none should borrow unless he laid his father's corpse to pawae. Athens infected with it, till Agis his bonfire (made of usurers books) had purged that City. Those wise governors of estate when they had to deal with usury, methinks they had a wolf by the ear, which they could neither hold fast, nor let go with safety: the more they laboured to suppress or stint Usurers, the more they broke out upon them again; set them once at liberty, they devoured the Commonweal. If England were as well cleared of these, as it is of wolves, it were so much the happier. CHAP. IX. Of the three laws, Canon, Civil, Common. THat which the sage governors of State out of their wisdom and experience have distasted as hurtful to the societies of men, both Christian and Heathenish; hath been also forbidden and restrained by such laws as be not only compulsive to bind succeeding ages, but directive also to inform us of the enormity of this practice. 1. The a Decret. part. 2. Causa 14. q. 3. c. 4. Canon Law hath defined usury to the same purpose, as is before expressed. b Ibid. q. 4. c. 2. Caus. 4. 6. 7. It hath forbidden it most precisely: c Institut. juris canon. it hath punished it most severely, with the note of infamy, with excommunication both lesser and greater, with the deprivation of christian burial, till actual restitution were made by the executors. d L. 4. Tit. 7 de usur. silvest de usura 9 Their Wills and Testaments were nullities in law; with divers other penalties to terrify men from usury, as from some horrible vice. 2. For the Civil law it cannot be denied but it did sometime tolerate some kind of usury; but never e Bar. super l. cunctos populos summa trinitatis. initio. allowed of it. For f Codic. justinian. justinian in the preface wisheth that men would follow the doctrine of S. Peter; that is, of the Church, which what it was then for this point, is manifest. To tolerate it in some sort it was forced. Saepe enim permittitur quod non potest corrigi aut coerceri iure civili: It is often permitted which cannot be corrected or restrained by the Civil law, (saith g Epist. de usura. Calvin, a Divine and Civilian both:) therefore we must make no arguments of defence from the toleration of Civil law, for so we might defend the Stews and much wickedness: h Dominicus à Soto de justit. & iure. l. 1. q. 6. art. 2. Impune permittuntur meretricia ut adulterys obuietur, usurae ut caveantur furta. Whether the civil toleration of usury were lawful, is no part of our present question; but that the lawfulness of usury cannot be proved from any toleration of law it is evident: because as S. Augustine saith: Lex humana multa concedit, ac impunita relinquit, quae per divinam providentiam Lib. 2. de Liber. arbitrie. vindicantur: Many things must be passed over by man's law, punishable by God's hand. The law of the Lord is perfect in this, that it forbids all faults, but man's law must be proportionable to man's frailty, and give way to many corruptions; in some ages more, in some less. If Civil laws be over precise without respect to the common inclinations of the people, they be as new wine put into old vessels, the vessels burst, the wine is lost; such laws shall never be kept. Notwithstanding this, we may say (by the way) for that moderation which the Civil law used in her toleration, that as the most ancient and innocent law did tolerate the least, one in the hundred, half a one in the hundred, and sometimes none at all: So that foenus nauticum, the most that ever was allowed, to wit, twelve in the hundred, was no usury at all, because the leader did bear the peril of the principal. 3. The Common law of this land intermeddleth no further with usury than is provided for, and so ordained by some special statute; but referred it wholly to the censure of the Ecclesiastical court, wherein a prohibition had no place: i Regist. consuliat. sol. 49. Si praelati imponant poenitentiam pro peccato, & nihil aliud intentant, quod cedat in laefionem Regiae dignitatis. But if the Usurer died in this sin, so that the power of the Church could extend no further, because he died out of the Church: yet then even the Common law took vengeance upon him in his goods and posterity. k Randulphus de Glanduilla, Hen. 2. lib. 7. ca 16. Omnes res mobiles & omnia catalla quae fuerunt usurarij mortui, ad usus domini regis capientur, penes quemcunque inuenianturres illae. Haeres quoque ipsius hac eadem de causa exhaeredatur secundum ius regni, & ad dominum vel dominos revertetur haereditas: His goods were all forfeited to the King, and his lands returned to the Lords of the see. Which was not meant of any immoderate usury above ten in the hundred. For the same author explaineth himself: Si quis aliquid tale crediderit, si plus co recepit usuram facit; & si in tali crimine obierit, damnabitur tanquam usurarius per legem terrae: If any shall lend any such thing, and shall receive again more than that he lent, he committeth usury: and if he die in that crime, he shall be condemned as an Usurer by the law of the land. l As appeareth by the stair in Glanduill. according to the Printer his direction 1604. This agreeth word for word with the ancient law of Scotland, set down in a book called Regiam Maiestatem. So detestable was an Usurer in the eye of Common law, before anything was provided by statute. Which law, if it be so ancient, as we are taught by the m Sir Edw. Cook. reverend judges of the same; if so well grounded upon the principles of reason and equity together, with the best customs of this Country; then the ancient inhabitants of this land, led only by the light of the glow-worm, shall condemn us for this point, who reside in the sunshine of the Gospel. n Edw 1. After, of ancient, it was enacted by the statute of judaism, forbidding all usury, that if a jew lent in that kind to a Christian, he should have no remedy for his principal debt: yet the Christian might recover his pawn. o Ca 6. In the 3. of Henry 7. all cloaked usury was also forbidden, under the terms of p Ca 5. Damnable bargains grounded in usury, coloured by the name of new chevisans, contrary to the law of natural justice, to the common hurt of this land, and to the great dishonour of Almighty God. Which statute is more fully explained by q Ca 8. another made in anno 11. Hex. 7. that the said law did extend first to all lending for a time, and taking for the loan any thing more, beside or above the money lent, by way of contract or covenant made at the time of the same loan: saving lawful penalties for the payment of the principal. 2. To the selling of goods to any person in necessity, and buying the same again within three months for a less sum than they were sold for. 3. To the lending of money upon lands or bonds for the payment thereof, with covenant to receive the revenues of the borrowers land, under pain of the forfeiture of the money, goods or merchandise so lent, or sold. After which, in 37. of Henry 8, all former statutes concerning usury being repealed, the three points last before mentioned remained in force, in case the usury did exceed ten in the hundred; thereby not allowing any usury under ten, but leaving it only unpunished. This law seeming over loose, was repealed in 5. and 6. of Ca 20. Edward 6. wherein it was enacted, that all usury, increase, lucre, gain, interest for loan, for bearing, or giving days of any sum of money, had, received, or hoped for, above the sum lent, given, set over, delivered, or forborn, should be punished not only with the forfeiture of the principal and all, but with imprisonment and ransom at the Kings will and pleasure. This law on the other side seeming too strict for an human law, was repealed in 13. Elizabeth, and the former statute of Henry 8. revived, but with additions of the restraint of usury. First, that all bonds, contracts and assurances 1 for any intending or doing any thing against the tenor of the said statute thus revived, should be utterly void. Secondly, that 2 all brokers, solicitors and drivers of such bargains or contracts, shall incur the danger of a praemunire. Thirdly, that 3 the same statute revived, shall be most largely and severely urged for the suppressing of usury against the persons offending. Fourthly, that the Ecclesiastical censure shall also proceed against such offenders above ten in the hundred. Fiftly, Because 4 5 all usury is forbidden by God's law as a detestable sin, that every Usurer, though he do not exceed ten in the hundred, shall forfeit so much as shall be reserved by way of usury above the principal, for any money so to be lent or forborn. This last is the statute which England now standeth subject unto, and which we are bound to obey by the rule of the supposed patron of usury: Ne excedatur modus constitutus Calvin. Epist. de usura. in quavis regione. But the law of our Country doth not tolerate any at all, and therefore by his rule it is not lawful for us to take any usury at all. Thus much for that inartificial argument which is taken from the testimony of authority. An argument, I confess, very inartificial, as I have made it: yet is the authority so sufficient as I would desire. Authority of all sorts divine and human; Ecclesiastical and profane; natural and moral; of all ages, old, new, middling; of all Churches, primitive, superstitious, reform; of all Commonweals, jewish, Christian, Heathenish; of all laws, foreign, and domestical. It remaineth now that we take a view and examination of this point with our own eyes. And though I be very heartless and timorous of myself; yet being thus well backed, me thinks I am much emboldened to encounter with him, who is most forward to confront these authorities. First therefore I will put in order such reasons as I have learned for the discovery of this sin, by which it shall the better appear what substance and validity there is in these colours and apparitions which are brought in defence of it: So that in conclusion men may the more easily resolve their own consciences for this point, and accordingly amend their lives as God shall move their hearts. CHAP. X. The first argument from the nature of the question. IF there be any (as God knoweth there are too many) who cannot resolve their consciences against usury, as against a thing unlawful: yet I hope there is none of so unyielding a forehead, but will give thus much to the authority aforesaid; as to think the lawfulness of usury very questionable and doubtful at the least. If any shall be so singularly conceited of himself, as to make no question after all these, but that usury is lawful; I will leave him in the number of those wise men (whereof a Prou. 26. 16. Solomon speaketh) who are wiser than seven men that can give a reason. Then men? yea than Churches and Commonweals. And to the rest who do make doubt and question of it, I say it is unlawful, because it is doubtful: for the heathen man's principle, b Cicer. effic. Quod dubitas ne feceris, is likewise delivered for a rule by the c Rome 14. 23. Apostle, that Whatsoever is not of faith is sin. There be three opinions then concerning usury: some are resolved that it is unlawful; and to them the practice of it is a sin, a known sin, a sin against their own consciences directly. Secondly, some are not resolved at all, but hang in suspense, and to them it is a sin, if it were in no other respect, yet only because they doubt of it: for that which d Rom. 14. 23. S. Paul speaketh of eating, is likewise appliable to all other actions: He that doubteth is condemned if he eat, because he eateth not of faith. So he that doubteth of any moral action whatsoever, if he do it, is condemned, because he doth it not of faith: for what soever is not of faith is sin. If thou doubt therefore, keep e In Rom. 14. S. Augustine his rule: Tene certum, dimit incertum: thou art most sure it is no sin to abstain from usury: then keep that resolution firm, and thou shalt be safe: though perhaps thou think, if thou abstain thou shalt have the lighter purse, yet withal thou shalt have the lighter heart, when the sorrows of death shall make thee heavy. Though in mysteries of Divinity, the narrowest sense is the safest: yet in matters of morality the largest sense is the best for security; in that it keepeth us farthest off from consenting unto sin. 3. If there be a third sort who be clearly resolved that usury may be practised with a safe conscience, such are condemned of other sins besides usury; but especially of pride and singularity. Of such a one therefore I demand: First, dost thou see with thine own eyes, or with other men's? If thou be not able thyself to examine and resolve, then mayst thou resolve for this point as the Church of Christ hath taught thee. Neither do I herein coast upon any controversy of believing as the Church believeth: for this that we have in hand is no principle of faith; no mystery of salvation to be apprehended in the simplicity of belief; but a point of morality belonging to the second table, and so determinable in reason by the rules of equity and charity, if the Scripture herein had been silent. If thou be therefore unlearned, or not so learned as to define such a matter by the rules of reason; then reason and religion both will teach thee to submit thy judgement to that Church and Commonwealth, whereof by God's providence thou art made a member. But these resolute spirits will be easily entreated to take the matter into their own hands without dependence upon others. I demand then in the next place, hast thou studied the point, examined the branches of it exactly? art thou resolved that though the letter of the text be against thee, yet the sense is with thee? hast thou taken a view of all arguments and reasons brought against Usury? art thou so Eagle-sighted as to look through such a cloud of witnesses; and art thou able to dispel them, and to settle thine own assertion upon infallible grounds? art thou sure of all this, or dost thou but think so? If thou but think so; then think thou mayest be deceived. If thou be sure that thou hast weighed all those things in the balance of judgement; then next weigh thyself and thy judgement: lay that upon one scoale by itself, and if thou hast any consorts and fellows in this thy resolution (as for mine own part I know none) if thou hast any, hang them all upon the same scoale with thee. Put over against thee in the other scoale all the authorities of men, fathers and brethren; who have not touched only, but taken in hand and sifted this point. Add unto these the decrees of Counsels, the edicts of Princes, the laws and statutes of Commonweals: lay on, if you list, the censure of Philosophers in their morals and politics, the observations of Historiographers, the says of wise and sage Senators; and the woeful experiments of many kingdoms and nations in former ages. All which if they should be collected and expressed to the full, I suppose a volume would not contain that which might justly be written against Usury. Now if thou shalt think thy judgement to be of such weight, that all these together be not able to cast the scoale against thee, yet I hope they will so much move thee, as to bring the balance to a suspense, that thou wilt think Usury very questionable at the least; and if it be questionable, then is it unlawful to be done. But if all these will not so move thy understanding as to make it questionable; then I will say no more, and I can say no less, but such a one thinketh that he knoweth somewhat. And then a 1. Cor. 8. 2. Saint Paul maketh up the rest, that such a one knoweth nothing yet as he ought to know it. To him therefore who knoweth Usury to be a sin, it is a sin, because he knoweth it. To him that doubteth, it is likewise a sin, because he doubteth. And to the rest it is a sin of ignorance, but of affected ignorance: whose eyes are blinded, either with pride, because they would be singular; or with lucre and gain, because they would not disturb their consciences by examining or discovering that sin, wherein they have so sweetly slept, and do still repose themselves. But such ignorance doth neither excuse nor extenuate the fault, but rather aggravate the same, because it is wilful. CHAP. XI. The second argument from scandal. Howsoever there be some who make a question whether Usury be lawful or not: and some there may be, who make little question but that it is in some sort lawful: yet there is none but must confess that it is and ever hath been of ill report, and therefore unlawful; unlawful for any Christian to practise. It was Saint b Cap. 4. 7. Paul his last farewell in his Epistle to the Philippians; after he had blessed them, with the peace of God which passeth all understanding shall keep your hearts and minds in Christ jesus: he addeth, Moreover brethren, whatsoever things are true, whatsoever things are honest, whatsoever things are just, whatsoever things are pure, what soever things pertain to charity, whatsoever things are of good report; if there be any virtue, if there be any praise, think on these things. I must prove, before I have done, that Usury is neither honest. nor just, nor pure, nor charitable, nor any of these: but if sufficeth for this present argument that it is not of good report; and therefore to be avoided of Christians. For the Gospel of Christ doth not only forbid things simply unlawful, but all colour of evil: and as the Apostle conclu death his pathetical exhortations to the Philippians, with things of good report, so doth he shut up that bundle of divine 1. Thes. 5. 22. precepts to the Thessalonians, with abstain from all appearance of evil, and then cometh the blessing: Now the very God of peace sanctify you throughout. I hope I shall not need to spend time in showing what appearance of evil there is in that, wherein there is so little show of good. What is of ill report, but that which the best speak ill of? and what one transgression is there committed either in Church or Commonweal, which the best writers, Christian & profane, have inveighed more bitterly against then this of usury? Admit than it were not simply evil, yet it hath great appearance of evil: it is of ill report, by that means very scandalous, and therefore unlawful. That is a true scandal indeed, not taken only, but given also, which is a provocation unto sin: as David's murder and adultery was not only a sin against God (and in that respect upon his true repentance pardoned in nathan's absolution) but also a scandal, because he provoked the enemies of God to blaspheme. So that beside the sins of David as they were transgressions of the 6. and 7. Commandments, that scandal also annexed unto them being nothing else, but aprovocation of the enemy to blaspheme, was a sin of itself and punished by God. a 2. Sam. 12. 13. The Lord also hath put away thy sin, howbeit because by this deed thou hast caused the enemies of the Lord to blaspheme, the child that is borne unto thee shall surely die. That is the great scandal indeed which the holy Ghost doth so often inculcate, that we might take heed of it, b Rom. 2 24. Cap. 14. 16 1. Tim. 6. 4. Tit. 2. 5. 2. Pet. 2. 2. That the name of God and Gospel of Christ be not evil spoken of among Gentiles. Doth not Usury cause the enemies of God to blaspheme, and the Gospel of Christ to be evil spoken of; when as profane persons and such as live like Gentiles amongst us shall observe, that Christians who can call Christ, Lord; that zealous Christians, who can say unto him, Lord, Lord, do live in and by that sin which was wont to make both life and death so odious? Are not our adversaries of the Church of Rome as ready to object usury to us, as we have been to upbraid them with single fornication? when they see it not only practised but patronized amongst us? And yet they may hold their peace for that; seeing their own Colleges and Churches long since in the c Molinaeus contr. Vsurar. q. 74. number. 584. borders of the borbon's, and other places of France, have taken five in the hundred: which was by them commonly held lawful, not by common right, but in special savour to religion. For their Clergy is so holy, that the practice of that is in Churchmen hallowed and sanctified, which in the people is most detestable. Let them go: but let us not cause them to blaspheme by such scandalous practices. d Plutarch sympos. lib. 4. q. 5. The Heathen Philosopher observing the intemperance of the jews in their feastings, made a table question, Who was the God of the jews? they resolved upon Bacchus. If his pen should have light upon Christian usurers in these days, to inquire of our God, I am afraid they would resolve upon Plutus at the least, who was wont to come limping home: but Usury hath cured him very strangely of that infirmity, he comes now as swiftly as time itself. What is scandalous then if this be not? provoking all sorts of people, superstitious and profane, to speak evil of Christians, of reformed Christians, who profess the sincerity of the Gospel of Christ. The Prophet jeremy lamenting his woeful case that he was cursed of the people without a cause, bringeth this for his apology, that he never lent nor borrowed upon Usury, as our books have it. a jer. 15. 10. I have neither lent on usury, nor men have lent to me on Usury; and yet the people curse me. Insinuating, that if he had been any ways touched either in lending or borrowing, as accessary to this sin; he would not have complained though the people had cursed him. Cursed is that offence which bringeth the curse of the people upon a man. Neither jeremy nor any of the Saints of God we can read of, that ever was tainted with Usury. Admit then that the wit of man could pick a case so clean in Usury, as to make it lawful. What then? it is scandalous, it is of ill report: he therefore who shall offend his brethren the people of God, who shall cause the enemy to blaspheme, and give profane dogs occasion to bark at Christians, by any such unchristian practice, it were better for him that a millstone were hanged about his neck, and he cast into the bottom of the sea. CHAP. XII. The third argument from our statute law. LEt us look home into our own Country, and here we shall find a law expressly forbidding all kind of Usury be it never so little, and withal punishing the same, if a man be lawfully convicted. I demand then in the next place, if we be not bound in conscienceto obey this law? I say not in court of justice only before man, but in conscience before God. The b Rom. 13. 5. Apostle maketh a direct answer for me: Wherefore we must be subject, not because of wrath only, but for conscience sake. A conscience so bound, as nothing can set it at liberty in this case except only the law itself be unlawful; and then c Act. 5. 29. we must obey God rather than men. Therefore when this kind of argument is urged for obedience, men have used to quarrel with the law; as if that were not agreeable to God's law: But here is no place for any such cavil; for it is the same law which God himself made for his own people, witness even those who have most defended usury. Mclinaeus. I have heard many, and some of no mean understanding, who do earnestly endeavour to let loose their consciences, and teach us so to do, by making a disjunctive interpretation of a penal statute. As if the meaning of the law were but this; Either abstain, or pay thus much, if thou be convicted. Making the penalty a branch of the law: as if either of the branches being observed, the law were fully kept, and no offence made either to God or man. Which because it is a point much stood upon, and as yet (for aught that I know) unhandled, give me leave, by your patience, a little to look into it. In the examining whereof I shall not much step out of my way. For albeit the interpretation of a statute doth belong unto another profession; yet this particular point coasteth upon Divinity, and pitcheth directly upon the common grounds of reason. In every penal statute there be two things to be considered; the law and the penalty. Which two, howsoever they be combined in the statute, yet there must be a distinct consideration of each. 1. First, every good and just law in his own nature, as it is a law, hath a binding power; by which it is not directive only, as by way of advertisement, but compulsive, as proceeding from authority. 2. Secondly, this binding power of the law doth not only proceed from the nature of the thing therein commanded or forbidden, but from the powerful will of the Commander or lawgiver. For if a common person shall admonish me, as a brother, of some thing which is hurtful or prejudicial, I am bound to follow his advice, from the nature of the thing itself, because it is hurtful; else I should offend. But if the authority of parents, Magistrates, or law, shall moreover forbid the same, I have a second bond thereby laid upon me; which if I shall break, then unto my former offence I shall add the sin of disobedience. Which as it is a distinct sin from the former, so be these two distinct obligations; the one derived from the nature of the thing prohibited; the other from the law or persons in authority. 3. Admit then in the third place that the thing prohibited by the premised authority, have no binding power in it own nature, without a law published against it; but be a thing arbitrary, and in my power to do or leave undone; then am I freed indeed from the former bond in respect of the thing itself: notwithstanding I stand obliged to the authority of the law for the faithful observing of the same; except only in case the thing thereby forbidden be of such a nature, as doth dissolve this bond, by some opposition to a superior law. For those matters therefore which be not determined by any law of God, there is given to the wise sages and governors of Commonweals, a judicial power, not only to discern what is for the common good, but also to enact, impose, and establish laws and statutes, unto which we are bound both to subscribe in judgement, and in practice to obey. Albeit such a law cannot by evident consequence be necessarily derived from any law of God or reason, yet if it do not cross or oppose the same, it is sufficient. As laws which are apparently frivolous, containing matter of little moment, need not much to trouble our consciences, because there appeareth some opposition between them and the law of reason, which teacheth us that a law is a matter of majesty, and serious command; and therefore the subject of it ought to be answerably a matter of weight and moment, as the matter of usury is. Be it therefore proposed that those wholesome laws and statutes which carry no show of opposition to a superior law, though they command or forbid such things as before were held indifferent, yet even as they are laws do they bind the conscience by virtue of God's law. 4. Which laws thus enacted, by human authority, be in force, not only before the judge to the undergoing of temporal punishment; but also to bind the conscience before God: not by any power in themselves, for they be but human; but, as secondary causes do work in the virtue of the first cause, so do these laws work upon the conscience, by virtue of his law who alone hath the sovereign authority over the inward man. He hath commanded us to obey, not because of wrath only; not for penalties, displeasure, or outward respect only, but for conscience sake. Rom. 13. 5. Thus much, I hope, we shall be able to prove. Whereupon it must of necessity follow, that admit every act of usury were not simply in itself unlawful; yet if it be simply forbidden by a law published, as a thing perilous among Christians, or prejudicial to the common good; then are we bound in conscience to avoid every usurious act as malum prohibitum, forbidden by a good and wholesome law. Which law if we shall transgress, we do sin against God. Let this therefore in the first place be propounded, that such human laws as be not opposite unto the law of God or nature, have a binding power: howbeit not always from the nature of the thing itself thereby commanded, or forbidden; but even as they be laws proceeding from that authority which is the ordinance of God. Which that it may the better appear, it is observable, that almighty God did first assume unto himself that liberty and power of binding men's consciences merely by his commanding authority, as he was a lawgiver. Next that he did impart the same (though not in the same degree) to his vicegerents upon earth. It was his divine pleasure to manifest this power even in the a Gen. 2. 17. first law that ever was given: for what hurt could there have been in eating of the forbidden fruit, if it had not been forbidden? why might not that tree have been touched and tasted as well as the rest, if there had not been an edict against it? b Gen. 22. 2. Abraham likewise after the fall was commanded to offer his son Isaac: which commandment, if it had not been given, Abraham could never have found any motive for such a sacrifice: but much might he have found against it, in that law of nature which was written in his heart. This degree of power God as the supreme lawgiver hath reserved wholly unto himself, so as it shall not be lawful for any created power whatsoever, to enact a law against the law of nature; or to dispense with a divine statute. Yet notwithstanding in case it carry no opposition to a superior law, God hath given a binding power even to the commandment of man, though not against, yet without any obligatory virtue in the thing commanded: he adjudging in his divine wisdom that this was the best for the establishing of authority amongst men, for the keeping of men in obedience, and every way for the public good. For if men should not obey the laws and commands of their superiors, before such time as they saw something in the thing commanded, which should exact the same at their hands, verily the c Mat. 8. 9 Centurion did not well in approving his soldiers for coming, going, and doing this, at a word: yea masters had better a great deal go about their business themselves, then send many servants: and if this were our case, all government and, human affairs would be soon at a stand. Wherefore God doth not only allow those laws which do enact that which is alr●●●●…e enacted by his law; or which may be thence deri●●●… by necessary consequence, as a conclusion out of the premises: but all those determinations and particular constitutions which do not cross the law of God or nature, are in his estimate accounted just, and to be obeyed. For as Christ in the Gospel said of those who did cast out devils in his name, a Luk. 9 50 He that is not against us is with us; so may God rightly be conceived to esteem of all human laws, made for the reformation of manners; those which are not against him are with him: and therefore by his law confirmed and made of force to bind the conscience. This appeareth by the example of the b jere. 35. Reahabites, in their obedience to their father jonadab, the son of Rechab; whom they obeyed, not because the things forbidden were in themselves 〈◊〉 (for houses, vineyards, and fields are the good blessings of God:) neither was it for fear of displeasure, for c 2. King. 10. 15. jonadab was dead three hundred years before; but only they thought themselves bound in conscience to obey their father's commandment. Which opinion of theirs was justified and approved of God to be true and sound, in that he did not only commend, but reward their obedience. d jer. 35. 18 Thus saith the Lord of hosts the God of Israel, because ye have obeyed the commandment of jonadab your father, and kept all his precepts, and done according to all that he hath commanded you, jonadab the son of Rechab shall not want a man to stand before me for ever. If a father then have such command over his sons, for so many generations as were between the days of jehu and the reign of jehoiakim: how much more shall the laws and statutes enacted by the governors of Commonweals, and the body representative assembled for the public good, bind every subject to the obedience of the same? But we shall not need to go far for an instance of this point. Our law at home is a pregnant proof, that a law doth bind even as it is a law, though the thing thereby imposed be of itself most free and indifferent. I speak of that Common or municipal law of our Country, whose maxims are not merely grounded upon the axioms and principles of reason and common equity, but upon the peculiar customs of this Country. I demand then whence this law hath a binding power? Is it from the nature of the thing imposed? doth it command or forbid nothing but that which out of the principles of nature and reason may by demonstration be proved to be good or bad in itself? Verily then were it of as great power beyond Dover, as it is on this side: for the law of nature and reason is every where alike. But it is the custom of place and people which addeth power: for even a custom doth bind taking upon it the nature of a law. Ligat consuetudo quatenus interpretatiue lex est. Be it custom then, or be it a perfect law, it must have a greater power of binding, even as it is a custom or a law, them can always be raised out of the nature of the thing accustomed or imposed: For circumstances may so alter the matter, as that which is imposed may be sometimes not so convenient, as in common intendment a good law doth presume. Yet hath it been ever though more convenient, that some particular inconvenience should be borne, than an ancient custom or law should be broken. And if the binding power of a law should work no further than the thing itself, of itself, doth move the conscience without a law; then were it no power at all; but every man's private conscience should have power to abrogate and disannul, as fast as authority doth enact. A private power then must not abrogate that which is public: Nihilagit ultra suam speciem: but every private man doth stand bound to a human law, until the same authority which bound him do absolve him. All things therefore considered, it is a dangerous conceit to imagine, that the power of human laws doth extend no further than the quality of the thing itself doth carry the conscience: and so dangerous, as if it should take place, it would violate that authority which is the ordinance of God; and shake the very pillars of the earth. § 2. 2 Then for the penalty (which maketh it a penal law) I demand what power that hath to alter the premises? Is the undergoing of such a penalty an expiation of the sin committed in transgressing the law? God forbid. The least sin deserveth a greater punishment than man can inflict. Or hath it a power to dissolve that bond which by virtue of God's law lieth upon my conscience? Or is it so incorporate into the law, that it leaveth a free choice unto men, indifferently either to observe such an act, or to undergo such a penalty? Verily this is averred; but the contrary seemeth unto me very pregnant, upon these reasons following. 1 First (to make some way to that which followeth) it is much to the prejudice and weakening of good laws; to give such interpretations, as do dispense with the conscience, and set that at liberty. For if men be taught to make no conscience of this kind of obedience (as God knows they make but little) such laws shall lie as contemptible in the estimate both of good and bad; as well of the obedient as of lawless and unruly people; every man keeping or breaking the same, as shall seem best for his own private advantage. But I would rather think and teach, that as God Almighty is not an idle beholder of men's affairs, but hath a powerful working in every action; either to effect it or dispose it unto good: so sitting, as David speaketh, in the parliament or assembly of gods, he giveth an influence into every good law enacted, and by his own law bindeth the conscience to the obedience of the fame. 2 The end of a law is to withhold men from unlawful acts, such as be thought unfit to be done or suffered in a well established government. For if men would of themselves refrain, there should be no use of laws, as the a 1. Tim. 1. 9 Apostle saith; The law is not given to the just man, but to the laxlesse and disobedient. They be snaffles and bridles to curb those b Psal. 32. 9 horses and mules which will not otherwise be ruled. And consequently the end of a penal law is by such a penalty to withhold the disobedient, that such people might seel the smart of punishment who have no sense of conscience. First therefore, if men would be good of themselves, there should need no laws. Next, if men would make a conscience to obey that law which is made, there should need no penalty to be annexed. As the law therefore is ordained for good manners; so the penalty is a thing subordinate to the law. Now it is premised, that every good law without the penalty by virtue of God's law doth bind the conscience: shall the penalty then be added to disannul that bond? shall law and penalty be so incorporate and tempered together, that the one shall disable the other? this is no good mortar. We did rather think that penalties were annexed to corroborate and strengthen the law, that by punishing transgressors according to the proportion and degree of the offence, men might be the more afraid to offend. 3 But (to speak in their language who do urge this interpretation) if a penal law be disiunctively to be understood: that is, either to be obeyed, or else to undergo such a forfeiture; I demand whether of these two is principally intended by the law? Doth the statute first intent the penalty, or doth it lie indifferent unto both alike? If either of these, then is it an unjust law. For a good lawgiver had rather have his law kept then broken: the reason is, because the observation or keeping of it is simply good: but the punishment of a transgressor hath in it the nature of evil, termed malum poenae; therefore a good intention is first moved unto that which is good; that the law may beekept. And in the second place, a punishment is intended, as it is a remedy against a greater evil than itself. I stand bound then even in conscience unto a good law, according to the simple intent of it: that is to say, not because of the penalty only, or, to speak in the phrase of the holy Ghost: not because of wrath only, (which is all one:) but chiefly that I may Rom. 13. perform that good thing which the law doth chiefly intend: which if I shall transgress, the penalty is indeed a satisfaction to that law, but no expiation of my sin of disobedience. 4 Last of all, that we may clear this statute of all such imputation, (a statute which hitherto hath had no blemish cast 13. Elizab. upon it, being without the compass and reach of their ordinary exceptions, the opposition to God's law, the abridgement of Christian liberty, scandal, and such like stones which they use to fling at laws:) If the Statute had any such purpose to make a disjunctive law, how shall that appear? For if it be not expressed, then is it by common intendment to be understood according to the premised rules: and to put it out of quarrel, that the contrary is intended, shall appear by three points within the statute. 1 First, there is a special clause in this statute of Usury that it shall be most largely and strongly construed for the repressing of Usury against all persons who shall offend. But this construction doth chose give a liberty to commit Usury: so a man will venture the forfeiture in case he be convicted: Like the pharisees Corban, who if the offerings be brought, will dispense with obedience and honour due Mark. 7. Hos. 7. 11. to parents. This is * to eat the sins of the people, which is not justifiable in any law. 2 The nature and extent of the penalty doth import no less. For it doth not only punish excessive Usury above ten in the hundred; but all under ten, under nine, under eight, be it never so little; it is punishable by the statute; and therefore simply forbidden by the intent of the same. For the Usury or overplus which is taken above the principal is not restored to the borrower; for than were it no punishment: because every party were in statu quo prius, as he was before the covenant: But it is all forfeited by the law to the king, and the informer, in the name of a punishment, shall be punished in form following: which if it be a iuft punishment must presuppose a breach of justice in the parties punished. 3 The third is, the motive which moved the Parliament to make this act. For as much as all Usury being forbidden by the law of God is sin, and detestable; be it enacted, etc. It was therefore enacted against usury, because it is a sin and detestable, forbidden by the law of God: Is there any doubt then but it was the meaning of the statute simply to forbid it? It is true indeed, that the preamble is no essential part of the act: yet is it as a key to open the intention and true meaning of the law, nothing better. But the restless wit of man, if it be once set upon contradiction, will never give over. I have heard it objected, that whereas it is said in the statute, For as much as all Usury being forbidden by the law of God is sin and detestable, those words (being forbidden by the law of God) are inserted, not as a reason of the assertion; but as a part of the subject of the proposition: all usury being forbidden: that is to say; all Usury which is forbidden by the law of God is sin, and detestable. As if some Usury were not forbidden. Wit whither wilt thou? The sequel runneth thus: For as much as all Usury being forbidden by the law of God is sin and detestable; he it enacted, that all Usury, loan, etc. shall be punished in form following. Doth not the consequence plainly show that the law meant honestly in the antecedent? that for as much as all Usury is forbidden by the law of God; be it therefore enacted that all Usury shall be punished? Whether it be a clear case or questionable, that all Usury is forbidden by God's law, is not material for this argument; lay that by for another place. This notwithstanding is clear, that the judgement of the lawmakers in that Parliament was, that Usury is simply evil in itself; and therefore the meaning of that law is simply to forbid it. For as they conceived it to be forbidden by God's law; so did they also by their judicial power and authority adjudge and determine it to be not only scandalous, but perilous and preiudicious to a Christian commonwealth: and thereupon enacted a law, and prescribed a punishment against all Usury whatsoever. What hindereth then why we should not submit ourselves to this act, even for conscience sake? Admit the lawmakers did err in thinking every usurious act to be forbidden by the law of God: shall every supposed error disannul such a solemn act? God forbid. A man for the purpose is moved to choose such a wife, supposing her to be of so great wealth, and of so good qualities: he is somewhat deceived in both his motives. What then? Shall his error make his marriage void? nothing less: so long as the error is not essential to the act itself, the act shall thereby receive no prejudice or hurt at all. It appeareth then, that these conclusions following do necessarily arise out of the premises. 1. First, in this statute of Usury there is nothing enacted contrary to the law of God; and therefore in Gods account it is a just law. 2. If it be a just law, then do we stand bound in conscience to obey it according to the simple meaning of the same. In conscience, I say, not by any inherent virtue in the statute; but by virtue of his command who bids us obey, for conscience sake. 3. It is the simple meaning of this statute, simply and absolutely to forbid all Usury whatsoever; and therefore albeit in Germany and Geneva their consciences may be free from this obligation of a positive law, because their laws against Usury be not so precise: yet in England we are clearly condemned for any increase or overplus whatsoever: condemned in the court of conscience, by virtue of the law of God, for transgressing of this statute: condemned even by the rule of master Calvin himself: Ne excedatur modus constitutus in Epist. de Vsura. quavis regione vel republs. Some branch of this argument is questionable: yet is the inference clear; this being a statute for the public good. CHAP. XIII. The fourth argument, that it is unnatural. THat the Heathen writers, who never heard text of Scripture against usury, at whose light notwithstanding for nature and art, we do all light our candles, should with consent condemn it, it makes me think that there is somewhat in nature against it; especially seeing how that sun of nature Aristotle, whom his mother loved so dearly, that she kept few things from him, hath concluded it to be, an unnatural increase. Few things have dropped from his pen, but with good congruity of reason: let us therefore briefly examine what we find. 1 First, it is evident that the primitive life was most natural, and therefore the most innocent, when men lived upon that increase which God gave by the yield of the earth and living creatures. For the first trade that ever nature taught, was to till the ground; by which man might be fed: wherein Adam his eldest son was trained. The Gen. 4. 2. next was the keeping of sheep, which Abel learned, to cloth their nakedness. And as from these two all other trades and professions, for worldly commodity, were derived; so must they be content as from the original to take some direction. The first in each kind is a rule. The innocency and integrity whereof God approved in that he would be worshipped himself in the first fruits, and have his priests maintained by the tithes and oblations of such increase. stipendary maintenance was first the invention of that Idolater b judg. 17. 10. Micha: yet such is much better than none at all; Meat and drink, a suit of apparel, ten shickles of silver by the year, for a Levite it is well. But how well the levites master came by those shickles, is more than the Levite well knows. That which came by the sickle & scythe was the best and fittest for God; because most agreeable to nature, which the ancient c Cato dear rustica. Cicero in cato. Doctors of nature have observed. But after that the world was replenished with people of all sorts and quality, necessity brought in the change and transportation of such commodities as the condition of men did require. Non omnis fert omnia tellus. And for the more easy and commodious transportation, buying and selling with money, and merchandizing in all kinds was practised of all people: yea of juda and Israel, Ezek. 27. 17. and never forbidden. Which gain, though it be greater and more royal, yet it cannot be denied, but, as it is more remote from primitive increase, so is it more to be suspected of iniquity. Solomon made a proverb of it: It is nought, it is nought, saith the buyer: but when he is gone apart Prou. 20. 14. he boasteth. So, it is good, it is good, saith the seller; and when he hath his money he laugheth. A Merchant is good, but it is not good to be a very Merchant. Proverbial speeches be often true. So it is true, that there is as much craft under the russet coat, as the Citizen's gown. God amend us all. But the craft lieth not in husbandry, but as husbandmen play the Merchants in buying, selling, and making of bargains. When Christ drove the buyers and sellers out of the Temple, and charged them for making Mat. 21. 14. his father's house a den of thieves; he doth not accuse buying and selling of theft: but taxeth the common abuse and corruption that was amongst them. For, as he that toucheth pitch shall be defiled: so such as live upon negotiation, shall have much ado to keep their hands clean. There be Ecclesiast. 13. 1. two things (saith the Wise man) which me think to be hard and perilous: A Merchant cannot lightly keep him from wrong, and a Victualler is not without sin. 3 If these professions be so suspiciously thought and written of, which be so necessary and commodious for all estates; which by skill and industry enrich kingdoms and Commonweals, with such variety of God's blessings; which minister to the necessities of all sorts and degrees, by transferring and distributing such commodities as nature herself hath brought forth for the use of men: what shall we deem of such as meddle not with nature's increase, save only in consuming and devouring it; but live and enrich themselves by a thing merely artificial; the instrument of transportation, money? which is indeed the price of all, and so in estimate answereth all, and commands all amongst men: yet a thing of itself merely artificial. The metal of gold and silver, I confess, is the increase of nature: but money carrying the stamp of authority, to be the price of things, is merely artificial. Upon this artificial thing, yet not upon this, but the use of this; as it is used, not by themselves, but altogether by others, do these whom we call Usurers live, maintain themselves & increase their wealth. And now me thinks I am come to a profession so remote from the first original, that she hath shaken hands with nature, and is become a mere stranger unto her. Let us see if there be any resemblance between them. When they write that money is barren and unfruitful; it is to be understood chiefly in two respects. 1. First, whereas seed cast into the ground, doth by man's industry bring forth more into the world then there was before, some thirty, some sixty, and some an hundred fold: Mat. 13. 8. whereas cattle do increase and multiply, that the world is the fatter for them: whereas the labour and travel of men doth enrich and replenish the earth, money is only an instrument to shuffle wealth out of one man's hand into an other, and to transport from place to place: but the sum of one hundred pounds, turn it and return it as often as you can, is still the same sum without increase, the pieces where ever they be, remain still the same without alteration, there is not one whit more in rerum natura. Nothing is brought into the world more than when the money was first disbursed. 2. Secondly, whereas there is nothing in nature, or art, that is worth any thing, but hath some use in itself, if it be well used: nothing whatsoever it be, natural or artificial, but it serveth either to feed, or to clothe, or to shelter, or to heal, or to refresh, or to adorn, or to work withal, or to play withal: yet for money, as it is current money, there is no manner of use to be made of it, but only in parting from it; no more than of a counter; no more than of dirt in the street, nor so much, for that will dung the ground. Add unto this, that there is nothing in the world which doth yield increase, or hath use in itself, but it is the weaker for giving increase, and the worse for the using; even millstones will wear. So that in things which pass between man and man for hire, the equity is apparent, both for the possessor to pay hire, because he may have use of it while he doth enjoy it; and for the owner also to take hire, because it weareth in the using and is worse for the wearing: only money neither bringeth increase to the world in general, neither is it of any use to the possessor, but only in dispossessing himself of it. Yet this money, for this use, shall be to the Usurer fruitful, and profitable, and never the weaker or worse for the using: for his hundred pound shall be made good unto him, as sound and good as ever it was. It shall conceive, breed, and bring forth unto him without travel, cost, or peril, ten young angels once in six months at the furthest. This increase unto natural Philosophers did seem unnatural. Moreover, nature hath established in all things under the Sun, a certain term and pitch when they shall make stay of increase and multiplying. The land if it want a lubele, will in time grow heartless: houses if they be not re-edified will decay: trees will leave bearing, and cattle breeding, when they grow old: man's labours and skill will fail with years: only the usurers money doth multiply infinitely; the longer the lustier: if he can but live, he may see his moneys moneys money, even a hundred generations. Is not this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉? Verily, though it be no demonstration against every act of begetting money upon money by money; yet it showeth this kind of increase to be very unkind, and to have but small resemblance unto that natural increase, which the God of nature hath established as most innocent amongst men. CHAP. XIIII. The fifth argument, that it is ungodly. AS nature teacheth men to do that which is seemly, kind, and natural; so religion and piety teacheth Christian men, in all their affairs, to depend upon God's providence, and still to expect a blessing from heaven. So it ought to be, and so it is in all professions, except usury: Nullum de Deo hominum genus peius sentiunt quam danistarum: sudum sit an tempestas, perinde illi est: Of all men the Usurers think worst of God, and will least trust him: be it fair or soul, all is one; they will have their money. The husbandman looks up to the clouds, and prayeth for seasonable weather: The Merchant observes the wind, and prayeth God to deliver him from tempest and wrack: The tradesman wisheth the people may have money, that he may vent his wares at a reasonable rate, and live in some good fashion: The labouring man prayeth for work and health, that he may get a poor living with the sweat of his brows; only the Usurer of all others hath lest need to say his prayers: be it wet or dry; be it tempest or calm; blow the wind East, West. North or South; be he well, or be he sick; be he gouty and lame, or be he sound of body; let him be what he will, or do what his list; he will be sure of his money. for time only worketh for him; all the days in the Calendar be set a work to work out his gain; yea Sabbaths and all; the red letter is as fit as the black for his business, to make up the number of days, of weeks, of months; so the time goeth out and the money cometh in. I will not deny it may fall out sometime that the Usurer may lose a sum of money, as a Act. 16. Paul and Silas were loosed out of prison, when the iailors thought they had laid on bonds enough. So I grant there may come such an earthquake, and sometime doth, that the usurers bonds and obligations will be of little effect: but ordinarily, if he be his trades-master, he shall not stand in so great need of God's blessing as other honest men do. Can we think in conscience that God is pleased with such a life? Saint Paul giveth a charge to Timothy, To charge the rich of this world that they trust not in uncertain riches, but 1. Tim. 6. 17. in the living God, who giveth all things abundantly to enjoy. God hath therefore made riches uncertain, because we should not trust in them, but in him who giveth them. That contract therefore, which for lucre and gain maketh the usurers money, both principal and increase, certain unto him, which God hath made uncertain in itself; doth cross his divine ordinance; and is so far forth an ungodly contract. Beside, the more certain he maketh wealth unto himself, the more he doth withdraw himself out of God's blessing into the warm sun: to sit quietly at home without care, and to be sure of his money: This is ungodly. But it will be said: if God have made riches uncertain, it is not the Usurer can make them certain True, yet unto himself he maketh them certain by transferring their uncertainty upon others. He takes the bond of a man to secure him against God, both for his gain and principal; against all casualty whatsoever, against the act of God himself: This is ungodly. I meddle not with assurances in this place; they be no part of my question: In them there is a more equal adventure, where the gainer beareth the peril, and where God's hand in the loss lighteth upon both parties. But light it where it will, upon the Usurer, by his own will, it shall never light. Yea but will he, nile he, he must trust God, whose providence is over all. True, but if he do it perforce against his will, it is nothing. Art thou willing according to the rules of piety, to trust God with thine own goods? then tempt him not, and thou mayest trust him safely. That is to say, arm thyself with all convenient security against the fraud and deceit of men; for the world is nought: be as provident as thou canst against all casualties that may befall: so God would have thee; else thou shalt tempt him. Then if thou send out thy goods for thine own advantage, send them out as thine own, desire a blessing upon them; if they perish by the default of another in whose hands they be, good reason that he should pay for his own fault; but if the hand of God be upon them, remember they be thy goods, sent out for thy gain, as well as for the borrowers: they be God's blessings, it is the Lord that gave them, and the Lord hath taken them; bless his name: this is a godly and Christian resolution: else thou dost build the tower of Babel to defend thyself against heaven; thou takest security of a wretched man, both for thine own goods and Gen. 11. 4. gain; for God's blessing against the hand of God himself. Montes impietatis. This which I say unto all in general, I say unto old men in particular, who be attentiores ad rem: who have given over trading, and begin now to repose themselves upon Usury. Will not such a man trust God in his old days, who hath blessed and preserved him thus far? Remember the time is not long, until thou must trust him with a far greater matter. Not the principal of thy money; but the principal of all, even thy soul must be committed into his hands, who is able and may justly cast it into hell fire. Admit God shall by his own act take away some part of thy wealth; think with thyself, it may be I have gotten some part unjustly, and God will pair it away, that he may withal cut off my sin for my soul's sake. And if it please God hereby to try my patience; The Lord hath given and the Lord hath taken; as it pleaseth the Lord, so cometh job 1. 21. things to pass: blessed be the name of the Lord. CHAP. XV. The sixth argument, that it is unjust. THe second table is derived from the first; therefore if usury be ungodly, how can it be just? It offendeth against heaven and against earth: unjust it is, whether we consider the nature of the thing itself, as it is before defined; or whether we respect the persons themselves whom it doth concern. Look upon the definition, and in it upon three things. 1. the Loane. 2. the Covenant for the loan. and 3. the Lucre upon covenant: and every one of these will prove the iniquity of it. 1 First, it is the nature of loan to be free: for as a thing is not given but sold, unless it be freely given: so is not any thing lent, but rather let, if it go for hire. We have defined Usury by lending or mutuation: and so hath the Scripture Exod. 22. 25. Deut. 23. 19 likewise. Unto which our b Molinaeus adversary in this point doth accord, that the object of Usury is a thing lent, called mutuum. But lending is a work of mercy, of kindness, of bounty, of liberality; it was ever so taken both in Scripture and common conceit. c Deut. 23 8. Thou shalt not shut up thy compassion, but shalt lend. d Plalm. 112. 5. A good man is merciful and dareth. e Luk. 6. 35. Do good and lend. Lending, I say, is a work of mercy to the poor, of kindness to thy friend; thou must not therefore set a price upon it. Those are much deceived then, who think that Usury is just, because the use of money for a time is worth money; and therefore if no more be taken then the use is worth, there is no iniquity. This rule holdeth in buying and selling, but not in acts of charity; therein it is no good rule. Thou bidst, for the purpose, thy poor 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 work of charity. Thou bidst thy rich neighbour sometimes; that which he eateth is worth money: yet thou wilt take none; but think foul scorn it should be offered. Why? because it is an act of kindness, of neighbourhood, of friendship: these things may not be bought and sold, the nature of them is to be free. Lending is a work of mercy to the poor, of kindness to thy neighbour; and therefore is ever free. It is as unjust a thing to sell charity, or friendship, as it is to sell justice: both are nought; this is bribery, and that is Usury; let them go together. 2 If thou look upon the Covenant for this loan, it is unequal: wherein thou dost bind the borrower to make good the principal, and to pay thee increase for the use of the same principal, for the time it is lent. I demand then, during the time of loan whose is the principal? thine or the borrowers? It was thine before thou lent it, and it shall be thine at the day of payment; but during the time of loan, it is the borrowers: for thou hast by covenant passed over both use and property to the borrower: so that during that time thou wilt not own it; if it perish, it perisheth to the borrower, as to the right owner for that time. If it be none of thine then, but the borrowers for that time; I ask, by what right canst thou covenant to receive hire for the use of that which is none of thine, during the time it is not thine? If thou let a horse, house, or land, thou mayest covenant to receive hire because thou hast passed over their use only, reserving the property of them to thyself; so that thou art owner of horse, house and land still, during the time they be in an other man's possession. Therefore if the possessor shall abuse thy horse, or make waste upon thy land, thou dost justly complain, because the property of them is thine: so is it not in money. Why dost thou then covenant for hire, for the use of that wherein thou hast no right or property? Thou wilt happily imagine, this is but a quiditie or school trick put upon thee. Thou thinkest in very deed the money is thine being so lent, he hath but the use only for a time. Be it so then: Let the principal be thine in covenant, as it is in very deed. Be thou the owner of it, during the time the borrower useth it: so that if it miscarry, thy money miscarieth, and not his; for every thing perisheth to the right owner. Nay (quoth the Usurer) there I leave you. Though the principal indeed be mine, yet if it miscarry it shall be his, he shall bear the peril: I will make that in my bargain. Therefore, say I, it is an unequal and unjust bargain. The borrower hath the use only of thy principal, and payeth for the use, which alone is his: why should he then bear the peril of thy principal, which is none of his? The use only he hath, and he payeth for that which he hath: why shouldest thou burden him then with that he hath not? This is no quiditie: It is the equity of God's law. a Exod. 22. 15. The borrower shall not make it good, for if it be an hired thing, it came for the hire. It is added, if the owner thereof stand by: (to wit) that it appear to perish or be hurt, not by any fault of the borrower. So admit money could by Usurers be made an hired thing; yet the equity of God's law bindeth, that if it appear to miscarry without the fault of the owner; the borrower shall not make it good, because it came for hire. 3 If we consider the quantity and quality of this lucre or interest, (as they commonly term it) it appeareth still worse and worse. 1 First, there is great gain, which is seldom just: b Prou. 28. 20. He that maketh haste to be rich shall not be innocent. What a simple fool was Aristotle, to call money barren, which yieldeth a double harvest at the least every year? six months is the most; nay three months return is ordinary, and yet still the former crop maketh seed corn for the next. Let me see: Admit one thousand might be set by free, to run at interest, and not fail, 70. years (which is but the age of a man) it would increase to a million, a thousand sold; a pretty proportion, to sit still and do nothing. 2 In all honest trades, the greater gain, the greater adventure still. Soft gain is sure: the more uncertain the gain is, the greater it may be, and good reason it should be so. When the great gain of Merchants in former time hath been objected unto them, they could say of their goods as Saint Paul writeth of himself: In perils of water, in perils of robbers, in perils of mine own nation, in perils among the Gentiles, 2. Cor. 11. 26. in perils in the wilderness, in perils in the sea, in perils among false brethren: and it was thought a reasonable apology; but Usurers have the gain, great gain, and others bear the peril, great peril. 3 Great and certain gain out of uncertainties; the great and certain gain of the lender, out of the uncertain gain of the borrower. Uncertain, whether it shall be little or great: uncertain, whether it shall be any at all: uncertain, whether he save the principal: But win he or lose he, the covenant is for a certainty: Certum lucrum ex incerta negotiatione. 4 Add unto this, that such great and certain gain out of these uncertainties cometh in without labour or cost, or trouble to speak of. here is a cleanly Alchemist, who can extract so much silver, & wast nothing in smoke. sum all together; so have you; great gain and certain to the usurer: sometimes out of little gain; sometimes out of no gain; sometimes out of loss; always out of uncertainties; always out of labour and pains, out of care and cost, out of hazard and peril to the borrower. cometh all this on God's name? §. 2. Take a view of the parties whom usury doth concern, they be three in number: The Usurer, the Borrower, the Commonwealth. 1. First, let the Usurer be his own judge. Ask him if he be an Usurer? No, there is none free of that company. And yet it is not for want of company, there be enough of the trade. Besides, it is an ancient trade, it is a cunning trade, (a mystery if you will) it is a gainful trade, a sure trade. There be men rich, wise, and very sufficient every way of the trade; for Masters, for Wardens, for what you will. Why then have we not the Company of Usurers? I know no reason but only this, such men are ashamed of their profession. We may say of them as S. Paul said of an heretic, that he is perverted and sinneth, being condemned of his own self. Tac. 3. 11. If usury be an honest trade, which men need not be ashamed of, our City is much to blame in this: for there is no trade in it so poor and mean, if it be an honest trade, but hath a Company. The labouring man, the Mason, the Tiler, the Water man, nay the tribe of Isaker, who carrieth burdens amongst us, hath a mark to know, who belongeth to that sold: only they have excluded the Usurer and the Broker. I said their own hearts condemned them: me thinks the City condemns them too. Is there no place for them? Nusquans' est qui ubique. I pray God they be not of every Company. Yet if we be asked what the Usurer is, we must answer as our Saviour Christ speaks in the parable, that he is a certain rich man, of no calling or profession; a certain rich man, and that is all. Luk. 16. 19 2. That we may take a view of the borrowers, we do sort them into four ranks: First, if they be poor indeed, then is it miserable and palpable biting, the emphasis of God's law stands upon that. Such lend is to them like cold water powered upon a sea-coal fire, or as a shower of rain upon a load of lime; though it may seem to quench and cool, yet it kindleth and inflameth more and more. If they be young gallants and prodigal persons, the Usurers 2 lend, and they spend. Let them look to their lands; let them beware of David's curse; Let the Noshec, that is, Psal. 109. the Usurer catch all that he hath. Illaqueat foenerator omnia quae ei sunt. The spider lets them buzz and struggle till they be fast entangled, lands and all; and then he sucketh them. One use that God maketh of such Usurers in this world, is to be a curse and a plague unto riotous persons. Against these two sorts of borrowers that school argument is demonstrative, that the use and property of the principal be inseparable; that the principal is spent in the first use: for these persons make but one use of money. It is spent to them in the first use; the poor for necessity; the prodigal for wantonness, do send it packing, never to return either in kind or any equivalent. A third sort of borrowers be rich and well grounded men. A rich borrower? how do these two agree? Doth the 3 job 6. 5. ass bray when he hath provender, or loweth the ox when he hath fodder? If such have some present occasional need (as the richest may have) if thou canst spare it, lend in kindness and neighbourhood, to receive the like courtesy again an other time. This in such a case, is consideration enough for a Christian, because the Heathen desired no more, but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for even sinners (saith Christ) lend to sinners to receive the like, Luk. 6. 34. the like kindness another time upon the like occasion. human society cannot stand without lending and borrowing, as S Basil notes. Wherefore hath God made men sociable creatures, but to help one another upon such occasions? But to lend rich men to enrich themselves more, is to power water into the sea; thou art therein no good steward of God's blessings, which he hath given thee to dispose of. It is not good to feed a rich man's humour too much: thou mayst give him weapons to do hurt withal: for he will gain double or trebie at the least, and some body must pay for that, who cannot so well spare it. Besides, he doth shustle thy stock amongst so much wealth of his own, that thou canst not guess which way is goeth, or how it is employed; which being thy goods thou must answer for, if thy care be not as great for the good employment of thy money, as it is for the sure payment thereof. The last sort are of a middling fortune, or young beginners, who make a poor shift, but are scarce able to manage their 4 trade, for want of money. Now are we come to the proper object of the second work of charity. For as free gift and alms belongeth to such poor people, as be not able to repay any thing back again; so free lending belongeth to such as these. here is place for banks of Charity, that tradesmen may have free use of money; only paying the officers fees, which is no usury. If thou canst spare it, thou mayst do well to pleasure such with a sum for a time freely, that God may bless thee. Or if thou think so well of any of them to venture some stock, by way of partnership; that way also thou mayst profit thyself and them with a good conscience. Is there no way but plain usury? If such young beginners cannot by such lawful means be relieved, they must take it for their cross, and be content to take pains in service until they can be masters of their trade: It may be God would not have them to come up so hastily as they desire. Good and lawful means offered unto us, are as a sermon from heaven to declare what the good will and pleasure of God is. 3 For the Commonweal, it be cometh not a Churchman to say much. But this is obvious and plain; that it is not good for a hive to nourish drones; edenti, sedenti, dormtenti, etc. Let them eat, sleep, sit, and play; do what they will, the months go out, and the money comes in. These be the kine of Bashan which feed upon the Commons. Hear the word ye kine that are in the mountain of Samaria, Amos 4. 1. which oppress the poor, and destroy the needy. Nay they be like worms and weapons, only to devour; else what good do they? For sooth they send out their money It is true; and that doth the Common weal pay dearly for; a hundred thousand pound for every million, at the least. But were these men in their graves, their money would come more freely: their young fry would send it abroad commonly most frankly, without penny of interest. And this is the special providence of God for the common good, who (as a Pro. 28. 8 Solomon observed) will bring it so about, that the usurers money will abroad for the good of others. For if the Usurer could make himself, as he maketh his principal, incorruptible; wealth would quickly get into a few men's hands; which is the b Rodin de rep. lib. 5. cap. 11. present bane of a Commonweal. The usurers money passeth from hand to hand like counters, the standing box in the end would eat up all: and than what calamities, tumults, and seditions must needs follow? If any can but hoist a standard, be he David, or be he c 2. Sam. 22 2. Absalon, such discontented persons as be so fast in the usurers books, will flock, by force to redress themselves. What lamentations in d Nehem. 5 Nehemia his time for twelve in the hundred? What beggary amongst e Dr. Wilson, fol. 186. Spaniards by the Genoese, not withstanding their Indian trade? What garboils in f Aret. problem, de usura. Germany by the Rustics against Magistrates? What riots in g Anno 37. Hen. 3. England by Christians against jews? What seditions in all h Hieron. in Esa. 58. 6. Cities hath usury been the cause of? So than which way so ever we turn ourselves; whether we look upon the joan, the Covenant, the lucre, in the thing itself: or whether we respect the parties, to wit, the Usurer, the Borrower, or the Commonalty, we find much iniquity, but no justice; much mischief, but no good at all. CHAP. XVI. The seventh argument, that it is uncharitable. WHere we find no justice, what hope can there be of charity? For first there is such a natural antipathy betwixt usury and charity, that they cannot possibly dwell together in one breast. Which is insinuated not obscurely by Solomon in the place before mentioned: He that increaseth Prou. 28. 8. his riches by usury and interest, gathereth them for him that will be merciful to the poor. God by his unsearchable providence, will so dispose and order things, that the usurers wealth shall come into the hands of him who will be as merciful as he was merciless. The antithesis of which Pro. 13. 22. place showeth that the Usurer wanteth the bowels of mercy, which good men have. For as in the same book he saith, the riches of sinners are laid up for the just: so the riches of the Usurer are gathered for the merciful. Where Solomon setteth mercy in opposition unto usury. Wherefore usury may well be termed a biting: for as without, it biteth others; so in the heart of the Usurer, it ateth out the very bowels of compassion. It is a principal branch of that root of all evil, which rooteth up the root of charity, struggling with it in the very conception of the heart, as Esau did with jacob. 2 And as even mental usury doth naturally oppose itself to the affection of mercy and compassion, and thereby hardeneth the heart of the Usurer; so doth actual usury likewise pervert the act of charity, turning it into an act of self-love. That renowned act of lending, which bringeth Psal. 37. 26. an heavenly reward, and a blessing upon posterity, is by usarie exposed to a most illiberal bargain and sale: that which was ordained of God, by the Canon of that Charity which seeketh not her own, to respect the good of others; 1. Cor. 13. 5. Cap. 10. 24 is turned to his own proper luere and gain. 3 Last of all, experience telleth us that this practice of usury, by setting a price upon lending, as upon ware in a market, hath almost displaced free loan amongst men. So as a chief supposed patron of usury, Bucer himself, observeth: In Psal. 15. Eò res abyt, ut impudens habeatur, quimutuum petit citra foenoris oblationem: He is now counted an impudent fellow, who will offer to borrow money without proffering consideration. Thus have I showed briefly as I could, that usury is unto all doubtful at the least, and therefore unlawful. If not, yet it is scandalous and offensive; and therefore unlawful. It is forbidden by a law to which we all stand bound in conscience, and therefore unlawful. I have showed it likewise to be in itself unnatural; ungodly against heaven; unjust towards men; and uncharitable against the rules of mercy. Now if it be any of these, it is a sin; if it be all these, it is an abomination. The end of the second Book. THE THIRD BOOK ANSWERETH SUCH motives and proofs as are brought for Usury. CHAP. I. Of the motives and reasons which persuade men in this age that Usury should be lawful. AS it is in the bodily eye, so is it proportionably in the mind: except the apple or sight of the eye be void of all colour in itself, it cannot possibly receive colours or judge of them: but looketh as through a painted glass, colouring every object like itself. In like manner, though I were able to fill my book, as job did his mouth, with arguments; and to make each argument a demonstration against usury: yet so long as such cloudy conceits do hang in the brains of men, which cast a dye and tincture upon the understanding; all that can be said will not any way work upon them. Which imaginary colours that they may the better be discerned, how they do arise in men's minds, and after may be more easily dispelled, I will place them in five several ranks. 1 The first thing which offereth itself in these usurious days, is custom and example: which though it would not be admitted in School for an Argument; yet it worketh admirably upon vulgar understandings. For people being as Laban's sheep, lead by the eye, do conceive as they see. Seeing Usury therefore so much practised of all sorts; men are even thereby without further examination much moved to think it lawful. And the rather considering the quality of those men who do use it: who be not only carth-wormes and mere worldlings; but men of very good respect amongst men, for their honest and upright dealing; seeming very religious men, & zealous professors of the Gospel of Christ; whose tender consciences will sometimes rise at a very small offence. Now these lookers on do think themselves bound in charity to believe, that such men as these would never venture their souls upon this practice, had they not been well informed before, and fully resolved by good Divines. Let them who do use it then be examined for their ground and warrant; you shall find that some of them have resolved themselves out of their own wit and judgement. For albeit they dare not trust themselves with their own bodies for physic, (though happily they may have some smackering of skill that way) neither dare they inform themselves without their learned counsel at law, for their goods and estate: yet the estate of their own souls they dare undertake themselves most confidently in matters of the greatest difficulty and danger. Others who be not so conceited of their own divinity, yet very willing to be persuaded of the lawfulness of that which is so profitable, do take the very silence of some Ministers for a resolution; thinking as charitably of us for our silence, as others do of them for their practice. For observing how friendly we converse with them whom we know to live in that kind; how we receive daily kindnesses from them; how zealous some of us seem to be for the reformation of such things as concern them & their souls, either nothing at all, or nothing so much as this: hereupon they presently resolve; verily if Usury were so damnable as some suppose; these good men, our special friends, would never suffer our souls to sleep so securely in such danger. Sometimes it may be they will move the question by the way amongst other matters; and then shall you have some pregnant wit, after a little study upon his trencher, return a present resolution to their mind: That if it be not Neshec, he can see no reason why it may not be allowed. This Divinity passeth from table to table very currently, amongst those who very heartily wish it true. All this put together maketh one strong motive in the minds of the people, for the lawfulness of Usury. First, the custom of it amongst us (which taketh away the sense of sin;) and the general practice of it, even amongst them of good note and reputation. Secondly, our sluggish modesty in being over silent, and the connivency of such as are loath to disturb or displease their friends. Last of all, those Echoes and quailpipes amongst us, who catch friends by imitating their voice; returning answers answerable to their desires. These things (I say) will easily drive men forward into a good opinion and practice of Usury, who are ready to run of themselves. 2 A second motive ariseth out of pity and human commiseration towards some persons, who have stocks of money, but want skill or power to employ the same. This affection was the first hatcher of an usurers apology among exiles in time of persecution: which now is also applied unto Orphans and Widows in time of peace. For were it not pity that these should spend their stocks and consume them? Or that their stocks should be exposed by trust to the prey of strangers in these hungry days? Since God therefore hath given in charge so often in Scripture to provide for the fatherless and widows; is it not a safe way by this means to allot them a certainty for the use of their moneys, their principal being still preserved; they maintained by the interest; and the Commonweal to enjoy both the moneys of them who want skill, and the skill of them who want money? 3 As by these motives they would persuade; so in the third place they would bind us by imposing a necessity of Usury upon town and city; as if traffic and trading could not possibly be maintained without it. It is not poring upon a book that can determine this question. Alas (say they) can scholars, who be hoodwinked, and brought up within the walls of a College, judge of the state of a City? Let these bookish Clerks scribble what they list, we Citizens do know that usury is necessary: and if it be necessary, sure it was never Gods meaning to forbid it simply. * .1. joh. 5. 5. The Commandments of God are not grievous. 4. After that these fantasies be once settled in men's brains: first, that custom and the practice of good men must beget an apology out of the charitable conceit of the vulgar: next, that that apology must be applied in pity unto certain persons, who have most need to be relieved by it: and then, that which is permitted to some, is in time apprehended of all sorts, as necessary to whole incorporations; so that Usury now must be lawful, there is no remedy. Then in the fourth place, the wit of man must be set on work to spin out fine and subtle cases of Usury, wherein there shall appear nothing but justice and charity: no wrong or injury unto any. And here they will put us to it indeed: It is an easy matter to cast a stone into a pool, which seven wise men will hardly get out. How intricate cases both in law and equity are multiplied daily, it is too evident: and if they can find out but one case of Usury wherein enormity can hardly be discerned; that one case will beget many cases like unto itself. For the wit of man will work like a mole to get into the earth. If it be lawful in one case, it shall be lawful in many: else that one case shall be every man's case to serve for a cloak. 5 Last of all, when they have wrought thus far; some, because they would excel, pretend proof out of the sacred text of Scripture itself. I speak not of those reverend Divines before mentioned; who, defending Usury, no Usury; do only mitigate and qualify the rigour of the texts with some devised distinctions. But there is a fellow of late time, who positively would prove Usury to be lawful, even by the Scripture: wring and wresting the text as if it would look something that way; but very strangely. This passeth from hand to hand in writing only; for I hope he is ashamed to print it, because he is ashamed of his name: whereby it seemeth if he be not able to be an Usurer himself; yet he would fain be like unto them in somewhat. Unto these five heads we may easily refer what ever hath been said with any colour, or may be imagined in the defence of this sin. Our last endeavour than must be, to discover these in order; which to a single eye will easily manifest themselves to be mere apparitions. CHAP. II. An answer to the first motive, taken from the common practice of Usury. I Would not wish any so simple, as that the custom of any thing in these days should move him to think it lawful. For if men shall degenerate as fast the next age, as they have done within memory of man; we shall have a deluge of drunkenness, and divers enormities, not to be named amongst Christians. For the practice of the better sort, if charity rule thy judgement, as it was propounded in the motive; then think in charity: first, that thou mayest be misinformed concerning these men. For it may be they may deal by way of partnership, or some other lawful contract: and that these are drawn into the number, by such as being themselves downright Usurers, would win credit to their trade, by reputing others like themselves. Next, if it shall appear in some to be no false imputation, but too true (as I fear it is in too many) then the best cover we can make for them, is the same which charity itself made upon the cross for those grievous sinners: Nesciunt quid faciunt: They know not what they do. For Luk. 23. 34 I verily persuade myself in my soul, had some of them known how unlawful and dangerous a practice usury is, they would never have ventured their souls upon it. But as others are by their example, so were they by the example of others led into this common error. Unto them therefore especially let me address my speech; beseeching them even as they tender their own souls, to take notice how this kind of ignorance will not excuse, but rather condemn them, who have so good means of better resolution, if God would move their hearts to seek after it. Be well resolved then, before you practise; lest all turn unto the greater sin. Trust not your own resolution in this case; Mammon is subtle to beguile you. Therefore be as diligent to take counsel for your souls in religion, as you are for your bodies in physic, and for your goods in law. Be as careful to make choice of your counsel in the one, as in the other; and desire no less security for your consciences in this question of usury, than you do for your principal in the practice of it; and then will you respect both the ability and fidelity of them with whom you deal. Ability of judgement, that they be able to inform you; and fidelity, to deal truly with your souls. Neither let our silence encourage any to practise this sin. We would be glad that general reprehensions out of the pulpit might suffice. We are loath to take Nathan his office upon us, and say, * 2. Sam. 12. 7. Thou art the man, except we had some special commission, as he had: It is a thankless office. Besides, we take notice of those crimes only which are written in men's foreheads, we have no warrant to examine your books of Accounts. Let the inquiry then come from yourselves, give us encouragement to deal plainly, sincerely and directly with your consciences. If we be over soft and indulgent with you in that business, take no advantage therefrom to the hurt of your souls; men of the best profession will be men, and not Angels. And for your better resolution in this particular, let me observe unto you, that upon the best inquiry that I can make, I find not any one Divine, new or old, of what religion or sect soever, who hath ever passed the press in this point: not any Divine, I say, (for Molinaeus was a Civilian,) who hath undertaken to examine this question: no not any of the supposed patrons of usury, who hath defended the same, as it is before defined, and commonly practised with the greatest moderation, nine, eight, or seven in the hundred. I did think at the first I should have found some; and some I have found who do coast over near upon it; and some who do give over much liberty in that kind. Yet not any of them (let * Decad. 3. serm. 1. Bullinger go, who writeth no whit to our purpose; but most confusedly taketh & mistaketh usury for all commerce, in rents, revenues, bargain and sale, merchandizing, etc.) not any, I say, who hath ever taken this question in hand to sift and examine it; but in conclusion (their cautions, and limitations by them added, being likewise sifted and examined) their resolution is still contrary to your ordinary and most moderate practice. If any man therefore shall take you aside, as Peter did Christ, to favour your dealings in this kind; suspect that whispering to * Matth. 26. 23. 24 savour not the things that are of God, but the things that be of men. CHAP. III. Answering the second motive for Orphans, Widows, and old men past trading. FRom example we pass to affection; which is as blind and perverse in judgement, as the other is powerful to lead into error: the affection of pity and compassion, which of all others doth prevail most even among the better sort; because it seemeth to arise out of charity. But charity is no charity if it oppose justice. It is both a foolish and cruel pity, which so tendereth the outward estate of any, to the hurt and prejudice of the soul. If usury (say they) be not lawful for any to practise, alas what shall become of those Orphans and Widows in these unjust days, which have stocks of money left unto them, and want skill to employ the same? What shall become of them? By the help of God they may do well. My greater care is, what shall become of those Orphans and Widows in these uncharitable days, which have no stocks at all left unto them: though I confess both the one and the other are alike in this; that they be not so able to help themselves as others be. Therefore there be no two estates amongst men, over whom God hath a more provident and tender care, then over widows and fatherless children. He hath provided for them by a special law: a Exod. 22. 22. Thou shalt not trouble any widow, or fatherless child. His judgements lie heavy upon the transgressors of that law. b Vers. 23. 24. If thou vex or trouble such, than my wrath shall be kindled, and I will kill you with the sword, and your wives shall be widows, and your children fatherless. No one law more iterated by c Deut. 10. 18. Cap. 14. 29 Cap. 18. 11 14. Cap. 24. 17 20. Moses, and frequently urged by the Prophets, than this for the safeguard of Orphans and widows. Whom if mortal men shall neglect, God himself in his fatherly providence will be their protector. d Psal. 94. 6 Psal. 146. 9 Esa. 1. 17. 23. Cap. 10. 2. jere. 5. 28. Cap. 7. 6. Cap. 12. 2. Zach. 7. 10. Mal. 3. 5. 2. King. 4. He is a father of the fatherless, and judge of the widow, even God in his holy habitation. Yea God would work a miracle, rather than the poor widow of the son of the Prophets, with her two fatherless children, should want. The Son of God showeth the like tender affection in denouncing a woe against such as e Mat. 23. 14. devoured widows houses. And his f jam. 1. 27. Apostle james measureth pure religion and undefiled before God even the father, by charity towards the fatherless and widows. Hath God then so many ways bound himself by promise to provide for widows and Orphans; and shall these by usury withdraw themselves out of his fatherly providence? Shall these be secured by usurious contracts against the act of God himself? Verily God will take it more unkindly at their hands, then at any other. See the difference in this point betwixt the wisdom of the world, and of God. The world thinketh usury the best and the safest way for Orphans and widows; because it doth secure them most from all casualties, which might fall upon their stocks and estates, by any act either of God or man. The wisdom of God chose is, that these persons should most of all cast their care upon God; because he careth most of all for them. But of all practices usury doth most withdraw them from dependence upon God's fatherly providence, which best beseemeth their condition. If usury then be a thing unlawful, in case of Orphans it is most unlawful. And undoubtedly if Almighty God in wisdom had thought it meet to have tolerated usury in these persons, he might as easily have mentioned the same, as a Deut. 23 19 he doth the toleration of lending to strangers. But it was so far from God's meaning, that in the very fame b Exod. 22. 22, 23. 24. place where he maketh a law for the safeguard of Orphans and widows, presently and c Vers. 25. immediately upon it, is annexed the law against usury. Shall these then who are so well provided for, by a special law of God, be transgressors of the very next law unto it? God forbid. Let them not come near unto that transgression of all other; let not them of all others come near unto it. Orphans are coming into the world; widows, who intent so to continue, are going out of the world; and shall these two Ages, which of all others ought to be most holy and heavenly; the one for innocency, and the other for devotion, be stained with usury? Christ is Alpha and Omega unto us, the first and the last, the beginning and the end; and shall the alpha of our nonage, and the omega of our dotage be dedicated unto usury? 1. Christ calleth himself by the name of a letter, the first letter in the Alphabet, that children might learn Christ so soon as they be able to know their letters; and shall we suffer our children to be died in the wool of their infancy, with the scarlet sin of usury? The a Rom. 8. 15 spirit of Adoption teacheth us, to cry Abba father. Abba is the b Bucer. in Rom. 8. vers. 15. Abba Pater, & libeuter audiunt patres, & pueri primùm sonare discunt. first word that children can naturally pronounce, as if God delighted to be called Father in the child's language. Shall earthly fathers than provide no otherwise for their babes so dearly beloved of God, but by the contagious sin of Usury? Stamp garlic in a new mortar, and it will smell of it ever after: give the devil possession of a child, and he will be be removed with great difficulty. For when the a Mark. 9 20. Disciples of Christ could not cast him out, when Christ himself saw with what extremity he came forth; with what wallowing, foaming, and renting of the possessed; he demanded how long that had happened unto him: Answer was made; of a child. Be it far from parents and governors to give Satan such advantage over innocents; as to feed and nourish them; to maintain and bring them up by the increase of Usury. 2 I write unto you widows, who profess yourselves now in your latter age to leave the world, and betake yourselves to God; to be so married unto your only husband Christ, as that you may quietly and peaceably say your prayers; hear Sermons; read your Bibles; and live upon Usury: tell us in the name of God, where have you learned thus to join God and Mammon together. Look into those Bibles which you read; even that which carrieth the name of Geneva; which translation in respect of the place should seem most to favour you in this point: there have you all the terms: a Exod. 22. 25. Usury; b Prou. 28. 8. Interest; c Ezec. 18. 13. Increase; d Vers. 8. any increase, distinctly expressed; yet not any of them in any place mentioned, but utterly condemned, absolutely forbidden amongst the people of God, without any distinction, difference, toleration, or qualification at all: Look into your own estate and condition. I will suppose that your husbands in their life time did themselves employ their stocks in honest and lawful trading, submitting themselves to all lawful adventures: sometimes enduring great lost with patience; sometimes gaining much, as it pleased God to bless them. Since their decease during the time of your widowhood, by this trade of Usury, divers of you have attained unto far greater wealth than your husbands themselves ever could. This you cannot deny to be most true. Your answer is, you do thank God for it, it is his blessing: whereof I do make great doubt; and so would I wish you to do. Is it not strange that a silly woman not able to manage her own estate, deprived of her honest and wise guide and head, should thrive better, with greater ease and security, than her husband with the same or better means ever could? If this came by any extraordinary blessing of God upon you; I would lift my hands to heaven with you, praising God in his wonderful works. But if it be known to come by the ordinary trade of Usury; I would suspect that not to be of God: for God hath ordained your widowhood in respect of your former estate, to be an estate of humiliation, for the outward condition of this life. But contrary to this ordinance of God, you can make it, by the practice of Usury, to be an estate of exaltation: for whereas in your husband his days, your stock by his honest and painful negotiation, was subject unto manifold perils; and by peril unto great and daily losses: your widows vocation can provide by sufficient bonds against all these, with great increase of gain: bonds so sufficient and absolute, that unless God dissolve them beyond all expectation (as sometimes he doth) your resolute purpose is, to be secured against any act both of God and man. Give me leave to deal plainly with you, and to use the a Luk. 10. 34. Samaritans sharp wine as well as oil for the scouring and curing of this wound. Look unto your charge, whom God hath made Stewards of your stock of money. It is you who stand answerable before God for the use or abuse of such sums as you put forth into the hands of others: where you gain ten in the hundredth, they must gain twenty clear, besides many charges and duties to be paid out of their gain. How do you silly women know who is oppressed or bitten by such gain? You will say that you commit it into the hands of such as you hope to be honest conscionable men: for they keep touch, and pay you your money: They be neither engrossers, nor forestallers, nor oppressors, nor unreasonable gainers; but honest and religious men: for they deal honestly, and pay you your money. Tell me then, if they be such honest conscionable men that you deal withal, why dare you not trust them to employ your money for you by way of partnership; allowing them a proportion of gain for their skill and care, and bearing answerably part of the loss? Dare you trust them with your soul, in that wherein yourselves stand answerable unto God; and not with the use of your goods for your own profit? I beseech you meditate seriously upon these things, which are sensible; let the tenderness of your sex work unto a remorse in this point; take it to heart; be troubled in conscience for this sin: * Mordeat hic ut moriatur illic. Bern. Let the worm bite here, that it may die elsewhere. If you should be troubled, I imagine presently what comfort shall be applied. Your children, kinsfolks, or friends who have advised you to this trade (wherein you have not been well advised) will bid you send for such or such, who be reverend and grave Divines; such as love you well. Be it so then; even unto those reverend and grave Divines dare I appeal for your case: confer with them; desire them to deal plainly with your soul; to search the wound to the bottom; and I make no doubt, but they will tell you: First, that the text of Scripture is directly against you: Next, that those distinctions and interpretations which seem to qualify the matter, are but the comments of some few learned men, who differ from the rest, and among themselves; according to the variety of their several apprehensions. Lastly, they can tell you, that even those Divines who seem most of all to favour you; their cautions and limitations being added, do all of them conclude directly against that which you practise. And if there be any who shall use nothing but oil to heal up your present grief, and draw a skin over it, with such indulgent toleration of Interest as you desire; in the name of God take heed of such; suppose them to be sowers of Pillows. It is dangerous to rely upon them, who give most liberty in the matters of deceitful mammon. 3 I write unto you old men, who decaying in the powers of mind and body, are forced to leave your trade, and do ask what you shall do; who having got some money together in a lawful calling, are not able to follow it any longer? Do you ask Divines what you shall do for the world? We must ask that counsel of you; we can tell what you must not do. Is there no fruit in the garden, but only the forbidden fruit? Have you spent your strength and worn your senses, to live at ease without labour when you are old; and have you not taken some care for the ease of conscience, how to live without sin when you are old? Will you entangle your souls with the practice of Usury, when you have one foot in the grave? Hath God blessed your labours in youth; and will you forsake him in age? Will you pollute your souls with filthy lucre, when you should be most consecrated to devotion? Every man in his calling is a Steward; the decay of senses and memory is an admonition that he must give over Luk. 16. 1. his Stewardship. Then he consulteth with himself what to do. a Vers. 3. Fodere nescio, mendicare erubesco: Take pains he cannot, those days be past; to spend upon the stock will bring him to beggary: at the last he concludes: b Vers. 4. I know what I will do; that I may turn an hundred into an hundred and ten. Verily I commend such a man as our Saviour commended the unjust Steward, c Vers. 8. because he hath done wisely: wisely, in making choice of so easy and secure a gain, fit for his age: of so great and certain gain, fit for such seniors, who be attentiores ad rem; d Vers. 8. for the children of this world be wiser in their generations, than the children of light: wiser than the Patriarches and Prophets of the old Testament: wiser than the Apostles and Evangelists of the new Testament: Wiser than the Fathers and Counsels of succeeding ages: wiser than any of the Saints of God that lived in former times: for we cannot read of any of them who had the wit, either to practise Usury themselves; or by any distinction to approve of it, or find it lawful in others. CHAP. FOUR Answering the supposed necessity of Usury. Necessity is lawless. If Usurers therefore can put on that coat, it will be armour of proof against all proof by argument; against all statute and law both of God and man. They do pretend that the state of the City cannot stand; that traffic cannot be maintained; that tradesmen cannot live without it. Then verily it was never Gods meaning to lay so heavy a yoke upon his people in forbidding that which is so necessary. The right putting of the case will give great light to the cleared of the point: whereof there be three branches. 1 I demand first of those tradesmen, who cannot live in their trade without taking up at interest: Is their meaning that they cannot live in that fashion as they do; maintain their wives in those fashions that they do; drive their trades to that height which they do? If this be the case, the answer is easy: It may be God would not have them carry so great a sail as they do, but to drink of the waters of their own well, and content themselves with Prou. 5. 15. such means as Gods fatherly providence doth offer them; there is no necessity for a man to enrich himself by such practices, as be either forbidden or doubtful. Better is a Prou. 15. 16 little with the fear of the Lord, then great treasure with trouble; trouble of conscience at the hour of death. Thus far we do agree. Whosoever layeth this for his ground, that He will be rich, must ensnare his conscience with many necessary evils, whereof usury is one. Necessary, I say, not to a religious honest man, who is content with his estate; but to him who resolveth he will be rich: for they that will be 1. Tim. 6. 9 rich (saith the Apostle) fall into temptations and snares, which drown men in perdition and destruction. 2 If it be propounded, that trade and commerce between man and man cannot be maintained in this City without borrowing and lending; that also is granted: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: Common society and mutual conversation (saith S. Basil) doth require it of necessity. God's law did ever intend that men should lend one to another; in charity to the poor; in friendship to their equals, to receive the like courtesy again. Which duty if Luk. 6. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. men would perform, there were no necessity of usury. 3 The third point than followeth. Presupposing the custom and corruption of these times wherein men will not lend freely as they ought; is there not a necessity of usury? Admit that be granted; who did impose this necessity? If God; then is this reason good, Usury is necessary, therefore lawful. But if men or estates have drawn a necessity of sinning upon themselves by the custom of sin; doth this extenuate or aggravate the fault? Woe be unto them (saith the Prophet Esay) who draw sin, as with cartropes. Cities Esa. 5. 18. and Incorporations have drawn a necessity of this sin upon themselves by three strong cartropes of iniquity. First, the hardness of men's hearts, and want of charity in those who be well able to lend and will not, have forced many to pay usury Secondly, the covetous desire and pride of borrowers, who out of an insatiable appetite to compass great matters, do take up great sums of money, for money; that no money is to be spared for such as be true borrowers indeed. Woe unto them that join land to Esa. 5. 8. land, till there be no place for the poor to dwell in. That is the Country woe. But upon the same ground, it is inferred: Woe unto them who join money to money, till there be none left for the poor to borrow. This is the City woe; which bringeth a necessity of borrowing upon interest. Thirdly, falsehood and deceit in defrauding one another of their moneys at the times appointed, so as being disappointed of their own, they are compelled to take up of others, or to shut up their doors. These three fold cartropes, not easily broken, have drawn a necessity of usury upon Cities. And shall it therefore be reputed no sin? God forbid: It is no good consequence neither in persons nor estates. Not in persons. S. Paul telleth us of an heart that cannot Rom. 2. 5. repent, which heapeth unto itself wrath against the day of wrath. Is impenitency in that heart no sin, because custom hath made it necessary? A drunkard hath brought his body into such an habit, that unless he drink bountifully, even to the turning of his brain, he is sick again. Is not drunkenness in that person sinful, because so necessary? A proud woman hath been wedded so long unto her will, that if she be crossed in it, she will go mad for pride, like Nebuchadnezar; or die of moodines, like a weasel in a cage. Shall her wilfulness be excused, because her devilish stomach is grown too strong for her wit? The time was when amongst the borderers, to live upon robbing and the spoil of their neighbours was a common trade: so as stealing was thought to be no sin: but the 8. Commandment by them was deemed to be of King Henry his putting in. Their reason was, for because that practice was so general and so usual, as he who made scruple to do therein as others did, was himself made a prey unto others. It must needs be granted, that the necessity of stealing amongst them, was greater by many degrees, than the necessity of usury can be in any Country or City whatsoever. And yet I make no question, but if the greatest Usurer in the land had been judge amongst them, he would even then have condemned their theft, to be against the law both of God and man: and condemned them also for making themselves such slaves unto that sin by their barbarous and uncivil practices. I have learned better manners then to compare our Usurers with those borderers: For our usury, without comparison, is a far more civil and mannerly theft than theirs ever was. Only my desire is, that they would be pleased to take notice of the weakness of this argument: that we must therefore needs allow of usury, because they have made it necessary. That they would leave those questions, What shall we do in this, and that, and the other case? As if a good honest borderer being bred and borne amongst them, should complain; alas what should I do! all my goods and cattle are carried and driven away in one night, I wot not whither; I must either shift for myself, as the fashion is, or run my country, or starve at home. I hope in God this argument will never be so strong for usury amongst us, as it hath been for theft amongst them: God forbid it should And yet theft and robbery hath ever been a great sin, even where it hath been most necessary. In conclusion, that we may not deprive necessity of her right; she hath power to excuse the borrower, if she be urgent upon him and cannot be prevented. The borrower, I say, may lawfully give usury, where incuitable occasion shall enforce an invincible necessity. If he borrow not to gain by borrowing, but to prevent a greater loss: If other lawful means be wanting, either for the preservation of his credit and estate; or for the supply of present wants, either of nature or person: If these occasions be imposed and not drawn upon him, by some former negligence or default: If he attempt to borrow no more than he shall be able to repay at the time; and if upon such occasions he cannot borrow freely, then is he no agent in the sin, but a mere patient in the oppression of usury. But in case he may borrow freely, and will not, out of a scornful desire not to be beholding; or will disable himself by covenants, which he is no ways able to perform; or relieve himself by grating upon others for excessive gain; or pull these snares upon himself, either by living at too high a rate, or by improvident employing of his stock, without reserving a due proportion to defray charges and pay duties: in these cases even the borrower himself may stand guilty as accessary to this sin. And well is he who can manage his estate with that provident moderation, as he may say with the Prophet jeremy, as we read, chap. 15. 16. I have neither lent upon usury, nor men have lent to me upon usury. But for the lender, which is the Usurer, there is no colour or pretence of any such necessity, which can befall him; seeing he hath authority from God as Steward of his blessings; and power amongst men as owner of his money; for variety of lawful and undoubted employments. CHAP. V. Of such cases as seem usurious, without appearance of iniquity, or breach of charity. HE that turneth himself into an angel of light, can set so fair a gloss upon a work of darkness, that the iniquity of it will hardly be discerned. He can so cunningly twist good and evil together, that the appearance of usury shall be presented without show of unjustice. These subtle sleights do rather exercise the wit in unfolding of them, then convince a judicious understanding; that usury should therefore be lawful, because some cases be intricate. Be not all Courts of justice and equity full of such difficulties, where after long pleading and much debating, the wrong and unjustice is hardly discovered? He that shall hear our learned at the Law upon the Statute of Usury, at their Readins, or otherwise, put and argue cases; what is within the meaning of the statute, and what not; will never marvel at the close conveyance of unjustice in the cunning practices of this age. And may not the like Queries be put what is within the meaning of the received definition of usury? Admit you may puzzle us with some Cases so cunningly contrived, wherein we can find no difference either in justice or Charity from other lawful contracts: It may be our bluntness, who cannot pierce a hard case; or if no exception can be taken, we shall parallel it with another quaere, whether it be within the definition of usury before expressed or not? So that upon the matter, if it appear just and lawful, it shall not appear usurious. It may happily border and coast upon Usury; yet our conclusion shall still remain entire: That Usury properly so called is simply unlawful. For our better direction amongst these difficulties, I will propound three rules; which being applied unto particular cases, may enlighten us for the unfolding of the same. 1 First, That which is good and lawful, must be entire. A little enormity doth pervert the whole action, as leaven soureth the lump. I speak not of such infirmities which humane 1. Cor. 5. 6. frailty doth cast upon our deeds; for so our best actions be unperfect: but all the ingrediences which be essential, must be just and lawful, else the act itself is not justifiable. It is in morality, as in Logic, the conclusion followeth the worst part. If the least part of iniquity appear in any action moral, we thence conclude that action to be unlawful. My neighbour is ready to forfeit his land, being mortgaged to a merciless man, who gapeth for a prey: I lend him an hundred pound for a year to redeem the same land, being of triple value: I covenant with him for so much interest as I am like to be admnified for want of my money. here is justice and mercy met together. I in mercy have relieved my neighbour in his distress; he in equity doth save me harmless: no man receiucth wrong; neither is the commonwealth any ways prejudiced: The borrower only is redeemed from the mouth of the Lion: and though I take nine or ten pound interest of him, it is but as the opening of a vein to stench a greater flux, by turning the course of blood: wherein it is a sovereign thing to part with a little goodblood, to prevent a greater mischief. In this case all circumstances considered, there seemeth to be that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or equality, which the Apostle maketh the ground both of a Col. 4. 1. justice, and b 2. Cor. 8. 14. Charity. But there is one enormity which marreth all the rest; in that a work of charity is brought to the market, and set at a price; than which there is nothing more offensive or opposite to the nature of charity; which will have all her deeds to be most free. To expel one poison with another, or to prevent a greater evil by a less, holdeth well in physic: But in Divinity we must not do evil, either that good may come of it, or that evil may be prevented by it. In peccatis error facit dilemma: It is an erroneous conceit to imagine that one evil cannot be avoided but by committing of an other. But if thou lend thy neighbour for his relief in this case, it may be thou shalt be damnified, for want of thy money, more than thy estate can well bear. Be it so: yet for all that, make no absolute covenant for interest upon what may be; for it may be God will pay thy interest some other way within the revolution of that year. If not: yet as thy damage being future is casual; so let thy covenant be conditional: If thou be thus or thus damnified, that then such or such satisfaction be made. This is equal and just interest, but no Usury. The portion of an Orphan is put into the hands of a Company or Corporation: the principal is fully secured: the child brought up and maintained by the interest: That interest so easy as none hath just cause to complain of biting: many suitors for the employment of such stocks: A custom maintained by the indulgence of the starute: the only Usury which our law doth leave unpunished: what unjustice then can there be imputed to this practice? Or what offence is it either to God or man? Verily I must greatly commend your wisdom and providence in taking such a fatherly care for Orphans in so perverse and crooked a generation. I must likewise most willingly subscribe to the grave moderation of our law, which hath passed over this practice of Towns and Cities, and let it alone: (for a toleration is all that from the law can be inferred.) Notwithstanding by your gentle patience, when the best is made of it that can be, there is one thing in this which poisoneth all. You have so disposed of Orphan's goods by this order, that they be in far better condition for their estate, than they could have been by the painful labours and honest endeavours of their most wise and provident Fathers, if they had been living; in whose hands their portion had then been subject to negotiation, by that unto peril; by peril to decay: this you hold to be a great virtue. Indeed it is too great for a virtue, which must ever hold a mean. That order and practise which maketh Orphans no Orphans, by yielding them a greater security of principal and certainty of gain, than God hath ordained, must needs be a thing inordinate in itself. And, which is worse, by this means Almighty God is turned out of office, by securing Orphans, even against the act of God himself, who would be a father of the fatherless. For this Usury hath provided a far better fatherhood and more secure protection upon earth for fatherless children, than their own natural fathers by their best industry, could have blessed them withal. Let the goods of an Orphan, on God's name, by your faithful administration, be of equal condition in the hand of a Company or Corporation, as it should have been in the hand of a faithful father: and this sufficeth, unless it proceed out of your free bounty; else whatwhatsoever is more than this, by way of administration, cometh of evil. This I write out of precise truth; leaving this your practice within the rule of toleranda, non probanda. Let us then esteem of it as a thing tolerable, yet with the acknowledgement of some blemish. 2 Our secondrule is, that the poison of Usury is in some contracts so closely and cunningly conveyed, as the very turn of the intention of the mind may alter the case, to make it just or unjust, the contract remaining one and the same. If the eye than be single, and the intention right, that which formally is usurious, upon the matter may in justice be equivalent to a lawful contract. If the intention look awry, that which in form is lawful, may in matter be a paliat or cloaked Usury. For A. to lend unto B. an hundred pound for ten years, the principal to be repaid yearly by ten pound, and ten pound over and above to be given for the use; this is plain Usury within the statute. Therefore to prevent that statute, and to avoid this practice of an Usurer, A. doth purchase of the said B. an annual rent of twenty pound, for ten years, with the same hundred pound. This is bargain and sale; yet upon the matter the very same under another form of covenant: the very intention maketh it Usury; insomuch as if the intent could be discovered, by any precedent communication of borrowing, or other pregnant circumstances, this law would bring it within compass of the statute for palliate or cloaked Usury. But if simply without any pretence such annuity of rent be bought and sold, we cannot condemn it for Usury. Howbeit, if it be an unreasonable bargain, or be injurious unto any by circumstances, it may be a breach of justice and charitic in an other kind. A man buyeth a piece of land at a reasonable rate for ready money; covenanting that in case he shall repent of his purchase within one year after the payment of the money, that then at the years end it shall be at his choice, either to retain the land and continue his bargain, or to have that entire sum repaid back again, which he gave for the land; and so the bargain to be void. This case heath so indifferent between an usurious and a lawful contract, that the very secret purpose and intention of the buyer doth alter it. For if the buyer had a simple intent to purchase the land indeed; yet desirous to reserve a liberty to himself, by one years trial of his bargain; and though at the years end he shall take his money again, for some inconvenience found, which before was not perceived; or because in the mean time he hath met with some other bargain fitter for him; this is neither Usury, nor usurious. But if this buyer having this sum of money, which presently he cannot put to Usury, with so good security as he would; doth therefore make this purchase but a colour, never intending to continue his bargain, but only to keep the land as a pawn for his principal; and to receive that years rend for the use; this very intention maketh it gross Usury; and so altereth the case: the contract in words and in writing remaining one and the same. 3 Our third rule is: That he who delivereth a sum of money for a time, for some special designment covenanted and agreed upon, declineth the nature of that loan, which in the definition is properly called mutuation. For in mutuation the money is so lent, that the property is wholly passed over to the borrower. But when it is lent only for such an employment, the gain whereof shall redound aswell to the lender as the borrower; herein the lender doth reserve unto himself some property in the money so lent, even during the time of the loan. Which kind of loan doth bend the covenant somewhat from the nature of Usury, towards the contract of partnership: whereupon some covenants seeming usurious, yet withal appearing just and equal, are great inducements to make some men think that all Usury is not simply unlawful. Whereof instance may be given in such and such cases: whereas indeed upon due examination it may appear, that as such contracts do begin to be justifiable; so do they likewise decline the nature of Usury, in some part of the definition before expressed. A moneyed man dareth to his moneyless friend an hundred pound, not to use at his pleasure, but to purchase such a lease for ten years, which yieldeth twenty four pound of yearly rent: covenanting with the borrower for nine pound a year parcel of the said rend, and for the payment of the principal, being likewise raised out of the said yearly rent at the end of ten years. Now what can there be in this contract against any rule either of justice or charity? The purchase is reasonable; the interest redounding to the lender is a reasonable portion of the borrowers gain; the borrower hath ten pound yearly coming in, which in ten years maketh up the principal; he hath likewise the use of that yearly rent of ten pound freely for ten years, and five pound certain rend overplus of clear gain. This seemeth to be Usury, for that it passeth under the usual terms of lending and borrowing. But upon the matter it is rather a contract of society or partnership, for that the proper object of usury mutuum, doth here cease. For a sum of money so delivered, is not properly lent: for that the lender continueth in part the owner of the money, reserving some power and interest in the use of the same. In these and such like covenants, if there be any malignity in the nature, or scandal in the form; it proceedeth of usury. If any colour of equity and justice; it borroweth that from some honest and lawful contract. But let every bird take his own feather, every neighbour contract resume that which is proper and peculiar to itself, that the nakedness of usury might appear by itself; I make little question but the malignity & deformity of it would easily be perceived. For so far as these mixed contracts do put on the habit of honesty, they do withal relinquish and put off the nature of usury. These cases I have only propounded, to show that as any usurious contract doth approach unto equity; so far forth it doth likewise decline the nature of usury, and bend itself towards some lawful and honest covenant, which doth only coast upon it. All which doth still fortify the main conclusion, That usury properly so called, is simply unlawful; and that there is still some malignant quality in the very nature of it: which together with usury, according to the several degrees thereof, will discover itself. CHAP. VI Answering some reasons and wrest of Scripture for Usury. THis Chapter is chiefly to be bend against the author of an English Treatise, who in this kind of argument is singular by himself. Wherein I shall make the more speed, because he hath been heretofore By Doctor Dounham in Psal. 15. worthily refuted, so much of him as was thought worthy the rehearsing. If any therefore who hath seen that manuscript, be in love with his long discourse of Mashah and Nashah, and other vagrant conceits, I refer him for his better satisfaction to the said * Pag. 197. etc. p. ●77. etc. p. ●●2. etc. p 284. etc. p. ●89. etc. from 291. unto 309. Answer. That which most did trouble me in the perusing of the said discourse, was the number of reasons proving the lawfulness of usury: for I told 32. numbered together in one place by figures in the margin; besides divers others scattered out of order in other places. And verily if arguments might pass by number and not by weight, I should have been much dismayed. But upon examination I was bold, for being tedious, to reckon them as they do siphers in the practice of addition, nought, nought, and nought is nought; for 25. of those 32. reasons do infer these conclusions following. That increase is lawful: and that a man ought not to let his money take rust. That he needeth not to lend freely to him who hath no need to borrow; because that were to power water into the Sea. That a just recompense is due for the satisfaction of wrong: as if a man falsify his word to my hindrance; if he withhold my money against my will to my loss and his gain; if he delay payment beyond the time limited, so as I am forced to take up at ten in the hundred; if I stand bound for a friend for principal and interest, he saileth and I pay it; if a father in law withhold his daughter's portion to their prejudice; that in these cases some recompense is due. That the purchase of a see-simple, or of an Annuity for lives, is lawful. That partnership is not to be misliked. That a rich man ought not to increase his wealth by a poor man's money; nor the tutor by the orphans stock, without some consideration. That a man pleasured by the loan of money, aught to be thankful. That a Miller may require a Baker's custom for lending him sums of money, etc. Herein the author hath taken great pains to be labour his own shadow: for I know none who maketh any question of the lawfulness of these things. The other seven reasons do seem as it were somewhat to look towards the point in question. If a poor man ought to be thankful in word for the 1 loan of money, then ought the rich man to be really thankful in his kind. It is very true, and what then? Then (saith the author) may he covenant or promise to be thankful, if it be his duty so to be. I make no doubt but that he may promise and perform his promise, much better than a poor man can; many other ways beside paying of usury. But had he proved it lawful for a rich man to be eight or ten pound thankful for the loan of an hundred, than had he approached near the question. It is all one to lend money and to lend a Cow freely: 2 therefore (saith he) it is all one to let money and to let a Cow for hire. I deny the consequence; many things may be lent freely, which may not be let for hire: a quart of milk, given by that Cow, may be lent, but not let. A Cow is worse for the milking, so is not money for the using, which shall be repaid in as currant pieces as it was lent. But the argument which he standeth much upon, is 3 Gods own example: Who payeth interest for the poor, and therefore the rich aught to pay for themselves. God payeth it for the poor, because they be not able to pay for themselves: the rich therefore aught to pay for themselves, because they be able. So that usury than must needs be paid either by God or man; by God for the poor, by the rich for themselves. Another reason to the same purpose: That we must lend to the poor freely, and therefore must we take usury of the rich. 4 Upon this ground (it seemeth) because God will not pay for the rich, therefore they must pay for themselves. For it will not out of his head, but that usury must be paid. Were it not for usury, he prophesieth, that the same confusion must 5 needs fall upon us, which the Prophet Esatas threateneth against Chap. 24. ver. 1. 2. 3. 4 wicked and cursed nations. That is another reason. Nay: If usury be taken away, woe worth all the occupiers in the world. 6 That is another reason. Add them all together; they be assertions, prophecies, execrations, which say and assever, but prove nothing. For God's example for paying usury for the poor, is taken from a metaphorical or borrowed speech, and therefore cannot stand upon his own ground. If it could, we might infer strange conclusions from God's example; who returneth for giving to the poor the principal, seven fold, yea an hundred fold. Shall a rich man therefore pay so much usury? that would prove a Neshec endeavoured. Yea, but we must lend freely to the poor; and therefore that we may enable ourselves so to do, we must take usury 7 of the rich. That is another reason, taken (as I suppose) from Standgate hole. For such reasons do move those good fellows to take a purse, that they may be the better able to do this and that; some of them purposing to do some good with that they shall take. Yet all this will not make their act good, if themselves be taken. §. 2. By these reasons already alleged it is to be hoped, though they be many, that this author is not much to be feared for doing the cause any great hurt. Albeit he hath presumed further in this theme than any I can find ever did before, or I hope will do after him; in laying such violent hands upon the book of God; wresting that holy writ for the approbation, yea and the great commendation of usury. Being of the number of those whereof Tertullian speaketh: Qui Caedem faciunt scripturarum in materiam suam: Who do fell the Scriptures to support a rotten building. First, in the Lebanon of the old Testament, he hath hewn down that worthy example of joseph: who as agent for Pharaoh King of Egypt, delivered to his subjects Genes. 47. 20. 24. (now become his servants) not only the use of the land, but seed-corn also to sow the same; covenanting with them for the fifth part of yearly rent to the King their Lord and master for ever. And verily the Egyptians in this case sat at an easy rent, paying but the fifth part, and enjoying all the rest, only for their pains in tilling the land; which by reason of Nilus was a very tender mould, that men might water it with their feet; and therefore their tillage was no tough labour. But how is Usury built upon this? What affinity hath this rent with interest? Forsooth you must understand, that all manner of contract, covenant, or bargain whatsoever it be, is by him taken for Usury. If it be unjust or oppressing, than it is Neshec: which it pleaseth him to translate morsurie, not usury. If it be equal and just (as this of Joseph's was) then is it conscionable and lawful Usury: in which sense, where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is by Ezek. 18. 8. all translators read, that giveth not to Usury, nor taketh increase: he turneth it, To give to Morsurie, or take a cutting rent. So other places likewise, where those terms are to be found, are by him very singularly expounded by the racking of lands and tenements, in such sort as tenants cannot live. And all those texts of Scripture which do warrant either a Gen. 23. 16. purchasing, or b Leuit. 25. 15. Prou. 31. 16. Ezec. 21. 27. Reu. 18. 15 Exod. 2:. 15. Luk. 19 12 jam. 5. 4. Decad. 3. serm. 1. Deut. 15. 2. merchandizing, or ᶜ letting, or lending, or tribute, or any contract of gain, are by him cut down to build up Usury: so as if any shall be so unmannerly as to put any difference between these contracts and Usury; then is all this great pains of his utterly lost. Wondering with myself who should put these extravagant conceits into his head; at the last I found them in Bullinger, upon whom it seemeth he groundeth himself; a moist foundation to build upon. For the same purpose the same Author maketh much of God's law for the releasing of debtors the seventh year; because poor men, for the Sabbath of the ground that year, wanted means to pay their debts: yet of them who were able to pay, it might be exacted. Behold (saith he) the rich man must pay principal and usury both the seventh Vers. 4. year; but not the poor: for there is the word Mashah, which signifieth usury; and the verb Nashah, which signifieth to lend upon usury. Oportet mendacem esse memorem. Doth God release the poor, that Usury shall not be exacted of them for that seventh year? Usury, I say, by virtue of your Mashah? then shall it be lawful other years to exact it, even of the poor; whom alone you labour to free from Usury. For doubtless that law did bind only for the seventh year, and no longer time: the poor therefore will con you little thanks for this argument. Yea but it is a pretty reason which he hath framed out of Salomon's proverbs: He that oppresseth the poor to increase Pro. 22. 16. himself, and giveth to the rich, shall surely come to poverty. He noteth in the margin (a notable place to prove that the rich aught to give interest.) How is that proved? By the rule of contraries; as if Solomon chose had said thus: He that giveth to the poor freely, and dareth to the rich to increase himself, shall undoubtedly attain unto great wealth. Indeed, To attain wealth, and to come unto poverty, be contraries. Besides, I conceive some antithesis betwixt oppressing the poor to increase himself; and giving unto the poor freely. Now lending to the rich upon usury, hath crowded in the midst. How lending cometh in, passeth my understanding: there is no mention in the text either of Usury or loan. To give to the rich in bribes, that he may oppress the poor, is a vice; or to oppress the poor, that he may the better give unto the rich: but is it therefore a virtue to lend to the rich upon Usury? and such a virtue as bringeth a blessing from God in stead of a curse? So saith the Author in direct terms: Now the contrary virtue hath questionless the like opposite blessing, an equal and like reward of plenteousness. This is more, I dare say, then ever Usurers did hope for, or imagine: full glad would they be, if we could prove it a thing indifferent. To lend freely is a work of mercy and bounty: to lend unto the rich freely is vicious; because superfluous: he compareth it to pouring water into the sea; yet to lend to the rich upon Usury, makes it very commendable. A notable place to prove Usury? A notable wit that can extract Usury out of such a place. For I dare say when Solomon spoke this proverb, he thought no more of any such virtue, than he did of Alchemy. From Proverbs descend we unto Parables. Parables and metaphors make fit groundcels for such buildings. Our S. Christ in his parable of Talents, compareth the dispensation Mat. 25. 27 and use of spiritual gifts and graces, to the employment of moneys amongst worldlings; where a rich man delivereth sums to certain occupiers, that he might receive his principal again, cum foenore, with Usury, or advantage. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Now it is verily thought, Christ would never have made such comparisons, if Usury were not lawful and honest. And I pray you, what honesty do you find in the sudden breaking in of a thief into a man's house in the night? Mat. 24. 43 yet Christ compareth his last coming even unto that. Nay more, what if the master had commended his servant in this parable for dispensing his talents, as the Lord commended the unjust Steward for his wisdom? Then might it safely have been concluded, that it is as lawful and commendable a thing to take Usury, as for that Steward to rob his master, and both alike. Nay, so far is this parable from justifying of Usurers; that were it not a parable, I would have used it as an argument against Usury. For whereas the servant complaineth of his master, as of an hard man, reaping where he sowed not, and gathering where he strewed not (parables being spoken after the fashion of the world,) it should appear that Usurers in those times were hardly thought of, even of mere worldly men, for reaping increase more than they sowed, out of talents and pieces of money, which have no power of fructifying in themselves. That consequent which commonly is inferred from the rule of equity, set down by Christ, Whatsoever you would that men should do unto you, do you the same unto them, and therefore I may lawfully take so much usury of my neighbour, as I myself in his case would give; is but a begging of the question: for it must be understood of a just and rectified will; else it can be no rule. If I pretend that I do no otherwise unto him then myself in his case would be done unto; we run still upon the question, whether my desire were then as it should be? For if I myself would borrow upon usury, either to engross or forestall, or to compass some unlawful matter, this is a corrupt will and no rule. But if my desire to borrow be just and lawful (as in some cases before mentioned it may be) then is it no entire will; but mixed and forced by some necessity, for the avoiding of a greater evil; and therefore deemed in the eye both of a H●tom, de Vtur. ●5. law and b 〈…〉 st. Eth. 1. 1. reason to be no will at all. He that would borrow, should have need to borrow; for a needless desire is unlawful: And he who hath need to borrow, would not willingly borrow but for need; much less would he pay Usury, if with convenience he might borrow freely. Therefore the will of the borrower is in this case either corrupt, or no will at all; and so consequently without the compass of Christ his rule. Come we now to the argument of arguments, hatched only by this Author himself; whereupon he hath bestowed great cost and pains to bring it unto perfection; sitting upon it for three leaves together in large folio. It is grounded upon john Baptist his answer to the Publicans: Require no more than that which is appointed unto Luk. 3. 13. you. Mark the text well; for here cometh an argument will make Usurers to laugh and keep holy day. The Author will demonstrate out of these very words (which a man would little think at the first) that john Baptist did allow Usury at twelve in the hundred: a rate which our statute law would punish with the forfeiture of principal and all. Now good Lord what a thing is this; that human laws enacted only to lop and prune the superfluity of men's actions, should be more strict and severe than the doctrine of john Baptist in the wilderness; who laid the axe to the root, cutting down sin, and burning up iniquity with the spirit of Elias? Twelve in the hundred, with a quicker return then ordinary: not six months, but Centesima is it called, that is, one in the hundred monthly, which john Baptisi hath justified. And to prove the same, he bringeth a long discourse out of Tully, both for the approbation of Centesima, and for the great honour and estimation that the Publicans were in amongst the Romans, who had not only authority to gather tribute, customs, and public revenues; but also to employ them for the public good. By reason whereof they practised the Centesima then allowed by the Romans. These Publicans coming to john Baptist, and demanding what they should do; john bade them require no more than that which was appointed them. But the practice of Centesima was allowed unto Publicans, by the Roman laws; and therefore approved of by john, in his answer to their question. This in brief is the very dint of his whole argument. We will not fall out about the premises. First, be it granted that the Centesima was allowed of by Heathenish laws in Tully his time amongst the Romans; and amongst the Grecians before them; and among the Persians in the days of Nehemias. Secondly, neither can it be denied but the Chap. 5. Publicans were much honoured in their place while they lived; and for their good services had their Images after death erected in Rome with a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Thirdly, we confess likewise that such Publicans had the employment of tributes, customs and public revenues for the best behoof of the Commonwealth: and hereby having great store of money in likelihood, were great practisers of usury both for the public and their own private commodities. But what of all this? Before that john Baptist his answer do make any thing to your purpose, two points must be proved, which lie yet untouched. First, that those Publicans who came to john his baptism, had the like place, office and authority for public goods, as those whereof Tully writeth. Secondly, you must prove likewise, that this usury was an essential part of a Publicans office; else this text will conclude nothing for you. These have you wisely passed over in silence; for I doubt you would much have failed in the proof of both. The Roman Publicans had no small power committed to them for the weal public, when a Orat. pro on. Plancio. Tully testifieth, that Flos equitum Romanorum, ornamentum civitatis, firmamentum reipub. Publicanorum ordine continetur. But the Publicans which john Bap. spoke with in jordan, were jews, and not Romans, as is agreed by b Hieron. epist 146. ad Damas'. old and c Bez. annot. in Mat. 9 10. new Interpreters. d Mat. 9 10 For Christ himself, who came after john, was not sent, neither would send his Disciples, but unto the lost sheep of the house of Israel. Matthew an Apostle, and therefore a jew, was a Publican: and so were many other jews who sat with Christ at meat. Now these jewish Publicans were as much debased, as the other were honoured. Abased amongst the jews, because they were Publicans: and amongst the Romans, because they were jews. These were hired to assist the Publicans in collecting of customs, or, at the most, they farmed the same of the Romans; and did exact an overplus what they could get, for themselves: but for employing the Emperor's money in usury, or otherwise; the Romans would look to that themselves: as appeareth by that which Pliny writeth to trajan the Emperor, Paecuniae publicae Domine providentiâ tuâ & minister to nostro, etc. By what warrant then can you confer this charge upon jewish Publicans, which were but hirelings to the Romans; Qui operam suam ad exactionem tributorum Romanis locabat. Beza in Mat. 9 10. the chief of them but factors of toll and tribute? who as for their office they were hated of their own nation; so for their extreme exactions and forged cavillations, were they justly reputed for infamous sinners. Some of these Publicans coming unto john Baptist, and being touched by his doctrine with a remorse, desired salvation amongst the rest: yet doubting whether their profession was capable, asked; What shall we do? john doth not bid them give over their calling, or cease to be Publicans: because although it seemed an odious thing to the jews, that those of their own nation should serve the uncircumcised, for the abridgement of their liberty; who thought themselves so free: yet since tribute was due unto Caesar, the office of gathering tribute could not be unlawful. But the covetous exacting of more than was due (being the common fault of Publicans) was the thing which john Baptist would reform in those words, Require no more than is appointed unto you. Is not this agreed to be the simple meaning of the text? What have we then to do with Centesima, or any kind of Usury in this place? Our Saviour Christ doth testify Luk. 6. 34. of these kind of people, that they would lend freely to their friends without Usury, for the like again. Yet I will not deny but these in all likelihood would also take Usury: for men of their lives would make little conscience, before their conversion, either of Usury or any other crime. What then? must john Baptist needs approve all such faults as he doth not express? He nominateth that only which is most pertinent and proper to the office of a Publican: including the rest in his general exhortations: wherein Saint Luke testifieth that john spoke many more things than be Luk. 3. 18. written. The exaction of more in the name of tribute or custom by forged cavillation then of right was due, was the crime of Publicans. But was it their only fault? were the soldiers given to no other offences than those which john did specify? was there want of no other virtue among the people, then that one which john by name doth commend unto them? These kind of arguments be too too slight; and I fear I must incur the greatest blame myself, for standing too long about them. CHAP. VII. Arecapitulation, with an enforcement of the premises. NOw (Christian Reader) let us advise together in cold blood, for a Christian resolution, what is to be done in the case of usury. a 2. Book, chap. 24. sect. 2. 3. 3. Book. chap. 1. For what hath been said by way of argument on either side, we have heard. What I have read, or can imagine may with any colour be alleged in defence of it, hath been urged with the best probability that I can: for I had rather give then take advantage in this kind. But alas, we b 2. Book, cap. 2. sect. 2. 3. 4. 3. Book, chap. 23. 4. 5. 6. see the best probabilities are but as fig leaves, shapen by the device of some few indulgent wits; to cover the nakedness of that, which the law of God, of nature and of equity hath discovered to be deformed and shameful in itself. For the text of Scripture in the letter itself we find no question to be made. For albeit some have put interpretations and senses upon the text, according to the fashion and variety of conceit and apprehension (a thing practised for all opinions;) yet is it granted that the letter doth every where condemn usury, both in the original, and manifold translations, even under the term of increase and overplus, the most harmless term that is, or can be given unto it. Not any sentence of Scripture which mentioneth usury, but condemneth it, without exception, distinction, limitation, qualification, dispensation, or toleration amongst the people of God. If we remove from the text to the c 2. Book, chap. 3. 4. 5 authority of Interpreters; I suppose we might truly aver that, concerning this question, which the most impudent adversary that ever the Church had, durst never pretend for his assertion: That there was never any Church or Churchman, carrying the name of a Christian, who hath defended in writing any branch of usury, for the space of fifteen hundred years after Christ. Neither was this for want of occasion given; for it hath been both practised and written against in all ages. Neither can we with modesty impute it to the ignorance of the Church: for as she is acknowledged to be most eagle-sighted in the time of her purity; so when she was overshadowed with superstition, her writers in cases of conscience for matters of morality were most exact; as by their school Divinity is evident to be seen. Yet where shall we find any one, for so many ages of the Church, who could ever devise a distinction to save an usurers soul? About the time of Luther, this mystery of iniquity began 2. Book, c. 6. sect. 1. a little to work, but very cunningly cloaked under a new contract termed the contract of Redemption: the very toleration whereof by the pope was reckoned by Martin Luther amongst the notes of Antichrist; so odious was Usury unto him. Afterwards many Christians of reformed Churches being 2. Book, chap. 7. urged to fly for persecution, and to convert their goods into money, yet wanting skill to employ the same in a strange country; tender hearts thought it pity that Usury in such a case were not lawful; and nimble wits began to search, if the matter might not be so handled, and qualified by cautions and limitations, that some such thing as that we call Usury might be practised. For such is the subtlety of Satan, that if he cannot hinder the growth of good corn, yet tars shall grow up with it. He thought that when men were so busied about the reforming of those gross abuses of superstition; that then was the only time to begin a new seed-plot of Usury, of Sacrilege, of liberty and profaneness in the other extreme. Which vices, howsoever they were little feared or thought upon in those days; yet by this time we may easily perceive to what ripeness they be grown, which then were but as seeds under the ground. And that reverend Divine, Master Calvin, who was so 2. Book, chap. 7. timorous to satisfy his friend by epistle, in moderating this point of Usury; as if he would have cursed the times wherein such occasion was given: I persuade myself if he had then imagined what advantage would after have been taken of that little somewhat which there was said in favour of Usury; that the dearest friend in the world should never have moved him to have moved pen to paper in that kind. But alas, what is that which is delivered by him, and those few Divines who join with him in that assertion, whereupon a man may resolve? Nay, * Tantum abest ut islud a te pro edicto ant axiomate baberi velim, velin co plane acquiescere. saith Calvin, be it far from thee to resolve upon that which I write in this kind. But admit a man will resolve more confidently upon that which he then thought, than he himself could: Admit he will venture his soul upon whatsoever hath dropped at any time from that man's pen occasionally; what is that which he and the rest have delivered, when they have written most favourably for Usury? If it be demanded whether it be lawful to take interest for the use or loan of money; answer is returned by those supposed Patrons of Usury, that for aught they can see, it may be lawful so to do; if we make no trade of it, but once or twice upon occasion, and use it not. If then, we deal no worse with our brother, Calu. epist. de Vsura. than we would in the like case be dealt withal ourselves: If we take it not of any who by poverty is urged to borrow: If the taking of it do not any ways hinder the free loan to him that needeth: If the interest be but half of the borrowers gain at the most: If we look that the Commonweal be not bitten or prejudiced thereby: d Virel Chatechis. precept. 8. If our Usury exceed not that which the laws do tolerate where we dwell: e junius in Leuit. fine. Zanch. in epist. odd Ephes. cap. 4. 8. Hemingius in Psal. 15. If the borrower besprinkle the creditor with some part of his increase, rather out of his voluntary thankfulness, then by way of exaction: If the lender be content to bear part of the borrowers loss, as well as of his gain: If in case the principal do miscarry without the borrowers fault, we ᵃ be content not only to remit the principal with the Usury, but to lend him afresh: Put all these Ifs together, and here is a piece of Usury which was never practised since the world stood, nor never will. And yet these be the cautions of the greatest patrons of Usury that ever writ. After they have examined the point, and answered, as they think, the reasons which are usually brought against Usury by the school; yet in conclusion put all their limitations together, they agree upon no Usury at all, as it is before defined. Single them out one from another; there is not any one of them who dares defend any such ordinary Usury, as is amongst us practised with the greatest moderation. Alas poor simple souls, who have received it by tradition I know not how, and do verily persuade themselves, that many very reucrend Divines have in their writings defended ten in the hundred to be very lawful. Let the case then be put after the common intendment of the world: A lay man cometh to a Divine and tells him; Sir, I have a sum of money lying by me and little skill to employ it: I know divers would be glad to borrow it, and give me good security. May I not lawfully put it to use for eight, nine or ten in the hundred, without so many ifs? I am no States man to know when, or how the Commonwealth is bitten or prejudiced by Usury: Neither can I tell what the borrowers gain or loss is; he may deceive me easily, or belly himself, that he may borrow still: beside, I do not love to pry into other men's affairs, how they thrive. If he gain with my money, I shall be very glad; if he lose, it shall not be my fault; for I will not entreat him to borrow it: only my desire is to be sure of mine own with quietness, and some certain moderate increase for my money, until I know how to employ it otherways myself. Let this be the case: I have not met with one Divine, new or old, extant in print, who hath taken this question in hand to sift and examine, that durst yet determine this, or any other equivalent or like unto this, to be lawful. Now if there be any who do animate their private friends to such practices, I cannot better resemble them then to those pestilent Heretics, the Carpocratians, whereof b De prescript. adverse. Haer. Tertullian and Irenaeus write, who said the Apostles committed only vulgar points of doctrine to writing, reserving certain secret positions to be imparted to their special friends, who were perfect and able to receive such unwritten c 2. Book, chap. 24. Apostolos ita tradidisse dignis tantum. verities, as were by tradition to be delivered to some few. Now if there be any such concealed truth concerning Usury, which none must know but our special friends who have grace to use it well; I would to God it might be revealed, together with the grounds whereupon it is built; that men may not run their consciences blindfold in these practices upon their own destruction: thinking themselves in a good way, without any warrant either from sound reason or good authority. §. 2. As for authority, so likewise for reason, I have done my poor endeavours to inquire after the grounds of this point; and have found: First, that authority is so strong against the lawfulness of Usury, as that no man of modesty a 2. Book, chap. 10. but will pause and make question of it; and therefore to him it must be unlawful, because doubtful. Next, that it is, and ever hath been of ill report; and b 2. Book, chap. 11. therefore among Christians unlawful: because it causeth the enemy abroad to blaspheme our profession; and is scandalous to our brethren at home. c 2. Book, chap. 12. Thirdly, that our statute law now in force simply forbidding all Usury, or overplus for any loan whatsoever, being a wholesome and good law without exception, is to be obeyed by virtue of God's law, even for conscience sake. In the pursuit of which argument, as I have presumed to set down what I conceive concerning the force of this penal statute of Usury: so have I touched as necessarily incident to the same purpose, the binding power of human laws in general. Wherein that I be not mistaken, understand me to have taken a middle way, between two assertions, both which seem to me extreme. First, the * Concil. Trident. sess. 24. de sacram. matrimon. can. 3. Church of Rome, that she might tyrannize over men's consciences at her pleasure, hath usurped a power, not only to dispense with the express law of God; but in place thereof to create new laws, which shall have equal binding power over the conscience with God's law. For the better establishing of which usurpation, some of her flatterers do extend this binding to all human laws whatsoever: making no difference betwixt them and the law of God in this; but that the law of God and of man do both alike bind the conscience. So be their words. * Lex humana & divina quoad obligationem Belarm. Tom. 1. part. 2, de laicis. lib. 3. cap. 11. non differunt: utraque enim obligat in conscientia, nunc ad mortale, nunc ad veniale peccatum, prorerum ipsarum gravitate. Which assertion, if it should take place, I see no reason but that we of the Clergy should stand bound to study and teach the people the Civil and Canon laws of our country, as well as the law of God; seeing their consciences do stand equally bound to both alike, which to imagine were gross impiety. Another sort there be who b Gerson. lib. de vita spirituali, sect. 4. Almainus, quaest. 1. de potestate Eccles. cap. 12. Vasquius, quaest. 12. 14. 29. do aver, that we are not any whit bound in conscience to human laws from the authority commanding, but merely from the matter commanded: So as if the thing enacted by law be not contained within the law of God or nature, it is no sin before God to transgress that statute. human laws (say they) Bee nothing, to the conscience, but only interpretations of laws divine and natural. So as a subject doth offend in transgressing a law, no otherwise then a patient in breaking the rule of diet prescribed by the Physician: wherein he doth offend God, not for disobeying the precept of the Physician; but for transgressing the rule of good health, which now is made manifest to him by the Physicians skill. In like manner, human laws do only manifest and prescribe that which in conscience we were bound to obey before. Now as the former assertion doth derogate from the Majesty of Divine law which is due unto it: so doth this overmuch weaken that ordinance of God, which he hath established amongst men. In medio tutissimus ibis. We have therefore chosen the middle way, to wit, that men stand bound in conscience to obey good and wholesome laws, not only from the nature of the thing enacted, but also in matters merely indifferent, both because the general observation thereof is available for the public good (which in charity we are bound to respect:) And also because we must be subject to that authority which is the ordinance of God. a Rom. 13. vers. 5. Subject, I say, not only in suffering the penalty which the Apostle termeth wrath, but in obeying of lawful commands, even for conscience sake: for conscience sake, not because of any human authority, (which of itself hath no command at all over the inward man) but only by virtue of God's law, which commandeth us to obey authority: so as if we shall willingly and wittingly transgress; we shall sin against God. Admit then that Usury were a thing in itself indifferent: yet have we in England a bond lying upon us more than other nations in regard of our positive law: Not only Ex ipsa legis utilitate, as Stapleton would have it; but in respect a Controuer. 5. de potest. Eccl. circa leges morum. q. ●. art. 2. expl. of our subjection unto a lawful commanding authority, as it is the ordinance of God. Having inquired yet further into the nature of usurious gain, we have found it to be most remote from that natural and most innocent increase which God established and instituted amongst men: for that, money is not only barren 2. Book, chap. 13. by nature, being a thing merely artificial; but also void of all immediate use in itself to the possessor while he doth enjoy it: So as the borrower giveth hire for the use of that whereof he can have no use but in disbursing of it, and parting from it: and the lender taketh hire for the use of that, which unto him can neither wear in the using, nor be worse for the wearing. And which is yet more unkind; the more this gain doth increase and multiply, the more it may; contrary to all other increase both of nature, and man's industry. Helping our eyesight by the rules of piety and godliness, 2. Book, chap. 14. we have further found it to be an ungodly gain, which is assured against every act of God, as Usury is. For albeit in wisdom we must secure ourselves by all lawful means against earthly casualties, and the fraud of men: yet notwithstanding in religion we ought most willingly to depend upon Divine providence for our gain, acknowledging all our profit and increase to be the blessing of God. And as the first table hath condemned usury of impiety, 2. Book, chap. 15. sect. 1. so hath the second convinced it to be most unjust. Unjust every way. It takes hire for loan, and setteth to sale that most liberal and free act of charity. It passeth over by covenant all the hazard of the principal, and yet taketh hire for the use of the same, against the equity of God's law, which saith, the borrower must not make that good which came Exod. 22. 15. for hire. It receiveth great gain without labour; clear gain without cost; certain gain without peril; out of the industry, the charges, the mere uncertainties of the borrower. * 2. Book, c. 15. sect. 2. All the parties whom usury doth any ways concern, have condemned it to be most wicked and odious. The Usurers themselves are ashamed of their profession: the towns and cities where they dwell, dare not justify the trade, either of usury or brokage; but do suffer the practice in secret only, as a work of darkness. All sorts of borrowers condemn it, as being a cruel biting to the poor; a cursed snare to the prodigal; an instrument of oppression to rich borrowers; depriving them also who be of a middling fortune, of that most bountiful work of charity (free loan) which unto them is most proper and peculiar. The Commonweal, and in it the poor people, may rue the time, that ever the least usury was left unpunished; for their purse in the end must pay for all. Yet for all this, if charity might heal where iniquity 2. Book, chap. 16. doth wound, it were the more tolerable. But usury as it perverteth justice every way; so doth it dry up the very fountain of charity, being naturally opposite thereunto; turning every thing to lucre and gain, and straightening the bowels of compassion, which otherwise would dilate themselves, not only in free giving, but especially in liberal lending, where money for a time might be spared. §. 3. These points have been proved in their several places; what must be the conclusion then out of all these premises? Charity, justice, Piety, Nature herself; the laws of God, and of men; all authority ancient and modern, joining their forces against the Usurer, how can he stand, environed with such a cloud of witnesses; or justify his conscience against the day of trial? Yet few men there be in these days who have a remorse of this sin, or do take it to heart: their consciences be seared as with a hot iron, there is such a thick skin grown over their hearts, as they will hardly be circumcised in this point. Which senseless stupidity may easily be perceived to proceed originally from three principal causes. 1 First, the general practice of usury makes every one in particular to think that he shall shift with his conscience, as well as others. Lord have mercy upon us (saith he) if it be such a matter to take usury, what shall become of such, and such, who I am sure have as good souls to God as I? I purpose not therefore to trouble my head for that matter. I pray God I have no greater sins to answer for, and then I hope I shall do well. See the efficacy and power of example, when it grows common. It was placed before in the first rank of motives, persuading men that usury was lawful, because it is so common. Now albeit example be too weak a reason to infer any such conclusion; I hope even in the estimate of the weakest judgement: yet thus far it doth prevail with many, to keep their consciences from any great touch in this point; for they resolve themselves undoubtedly, that it cannot be so heinous a sin, which is so general a practice amongst them of good account. Ah fearful temptation, thus to be drawn into sin by imitation! It was that which turned so many legions of Angels into Devils, to see the brighter and more glorious spirits, leave their station by disobedience. But did that mitigate God's wrath towards Jude 6. them of inferior rank? Habet ordo divinae justitiae, etc. Divine justice required that they who were drawn into the same fall, should be enwrapped in the same condemnation. When there were but two in all the world to transgress, concerning that only forbidden fruit, the example Gen. 3. 6. of the one enticed the other. It was that which brought fire and brimstone upon those goodly cities of the plain, when abomination grew so commonly practised, Gen. 19 4. from the young even to the old, that one drew another from the highest to the lowest. Nay so forcible was this temptation, that a branch of unnatural sin escaped the fire of Sodom, and light in a cave of the mountain: thus the general example of Sodom infected the family of just Lot. But did that extenuate the fault? Nothing less. Moab was the father of the Moabites, and Ben-ammi of the Ammonites, for many generations. Vers. 38. 2 Secondly, men take occasion from the question of usury, even because it is a question, to arm themselves against all remorse and touch of conscience. For if they can once hear that it is questionable, they assume a liberty to themselves to choose a side, and to practise according to that opinion which likes them best. But the grossness of their error doth herein appear; that understanding Divines to be somewhat divided about usury, they do presently imagine the point in question to be this; whether the taking of nine, or ten in the hundred, according to our ordinary practice, be lawful. But alas, there is no such question amongst Divines to be found in all their writings. I have sought with all diligence myself; I have inquired of others; and upon examination, I find not any published upon this argument, who discussing this point doth defend any such thing. Many questions we have; what is usury, and what not. Some there be who defend certain shreds of usury, even to the rasing of the definition; whose reasons we have met withal in their * Pag. 8. 9 10. 11. 12. 14. 36. 37. 38. 39 40. 41. 42. 43. 44. 47. 99 104. and the whole 3. Book. places. Some also of the jesuitical brood (who to humour the people for their purposes, will dispense with any thing) have hatched new devices, how to defend profit by money, as good as usury every whit, and yet no usury: cunningly twisted of three lawful contracts; of the contract of society, or partnership, and two kinds of assurances with the same party: defended by a Bononiae. Io. Eckius, and notably discussed at b Ann. 1581. Rome by many learned Doctors, in my presence, saith c Disput. 5. q. 24. desocietate punct. 2. Gregory de Valentiâ. A notable point no doubt, and well worthy the discussing. So fain would those Divines give the world some contentment for this practice of usury; that since they cannot with any face defend the old, they would be glad to create a new. But for an absolute covenant for ten, nine, or eight in the hundred, according to the custom of Cities, amongst Divines of any Church, I cannot yet find a patron. 3 But the third & last impediment, which hindereth men from taking of this sin to heart, is of all others the most fearful to be thought upon, and yet I fear me most available. When men be once seasoned with Usury, & have entangled themselves in the same by any settled practice; they be after afraid to call it into question for disquieting their consciences. But blessed is that disquietness, which procureth eternal peace: and cursed be that senseless peace, which bringeth everlasting torment. A sinful soul must be disturbed here or elsewhere, there is no remedy: If we judge not ourselves before, we shall be judged hereafter, when it will be too late to find mercy. Can men hope for mercy under a pretence of ignorance in this point? Verily if it were an invincible ignorance, God in mercy would pass it over, as he doth many other things, where the means of better information is wanting: But if it be an affected and wilful ignorance, it addeth sin unto sin. Now what is more affected then to decline and avoid the means of instruction and resolution, only because they will not disturb and awaken their consciences out of so sweet a sleep of security, for so sweet a gain as usury? If he did nothing but sleep out his months, the moneys would come in. We do accuse some obstinate Recusants of wilful blindness, because they do refuse the means of better instruction: yet the most wilful amongst them can say thus much for themselves, that many learned men, and the Church of Rome for many ages, have defended their cause. Which apology of theirs, though upon due examination it be nothing; yet is it much more than ever could be said for usury. For though the practice of it can plead antiquity, nothing more; yet was there never any Church, Orthodox, or Heretical, which ever defended the same since the world stood. In some places it hath been tolerated. Tolerated, I say, and therefore not approved of in any wise. As Master Beza for Geneva hath well observed: Annotat. in Mat. 19 8. Foenerari prohibet Christiana charitas: foenus tamen propter hominum commercia multi magistratus vident se simpliciter prohibere non posse. Itaque (quod unum reliquum est) foeneris modum certum constituunt. An vero propterea foenerari bonâ conscientiá licet? Minimè profectò. Neque enim ex legibus, sed ex dei verbo petenda est conscientiae regula. Imo ne civiles quidem leges probant, sed damnant potius, quod duntaxat tolerant, cogente hominum improbitate: Christian charity doth condemn usury: yet notwithstanding in regard of the intercourse of merchandise, or commerce between man and man, many Magistrates do perceive, how they cannot simply inhibit the same, therefore (that which remaineth only for them to do) they stint and limit usury. But may a man therefore take usury with a good conscience? No verily (saith Beza) for the rule of conscience is to be taken, not from the civil laws of men, but from the word of God. Yea the Civil laws themselves, do not approve, but rather condemn, that which they tolerate only, being urged thereunto by the wickedness of men. These be the very words of that famous Pastor of Geneva, which I have set down, to the end we may take notice of the censure even of that Church wherein usury seemed most necessary, and from which men have taken their greatest encouragement, to venture their souls upon this sin. Take notice therefore (Christian Reader) I beseech thee, that thou do not mistake us, and deceive thine own soul. That thou mayst not mistake, I have laboured to be as plain as I can: And that I might not overburden or ensnare thy conscience, I have justified such contracts and dealings with money for money, as may stand upon just and equal grounds. The a Pag. 19 contract of association or partnership, where both parties are partners in gain and loss, both depending upon divine providence for a blessing: That lawful b Pag. 20. interest which properly and truly is so called, when a man's money is forced or retained from him simply against his will to his detriment; then to receive satisfaction answerable to his damage: c Pag. 20. 21. Buying & selling for time in those few cases premised: d Pag. 27. The thankful gratuity returned by the borrower out of his gain freely, without any precedent contract or agreement for the same: That e Pag. 23. 24. real exchange, which standeth justifiable upon his own grounds; if it be not poisoned, as commonly it is, with usury: f Pag. 28. 29. Those equal considerations of courtesy, where one good turn requires another, without covenant for certainty of clear gain in money or money worth: g Pag. 97. Those assurances where there is some equal adventure, and where the hand of God in the loss lighteth upon both parties: h Pag. 124. To borrow, upon usury in such cases of necessity, as are before expressed. Thus have I yielded as much as possibly I could, loath to entangle thy conscience, or to cast a snare upon thee. And some few Divines (I confess) have yielded something more, than I i Pag. 61. 62. 63. can see good ground for. But that which I would have thee to take especial notice of, is, that an absolute covenant for the loan of thy money, for ten, or nine, or eight, or seven, or six, is without warrant or authority, even amongst those Divines, who, upon sifting and examining this point, have concluded most favourably for thee. Alas poor soul, whither wilt thou turn thyself for succour when thy best friends forsake thee? What wilt thou plead for thyself when thou comest before the eternal judge upon thy trial? How dost thou hope to die a Christian, if thou live a Usurer? Dost thou hope for remission in Christ jesus? It must be then upon thy true repentance, in abandoning that sin. Canst thou plead ignorance? Take heed it be not wilful and affected ignorance, then is it double iniquity, which is more fearful. Be not obstinate then and wilfully ignorant: let not filthy lucre so blind thine eyes, that thou shouldest presume, either to defend or to practise that, under a pretence of ignorance, for which thou shalt find neither sound reason nor good authority; neither approbation of God in Scripture, nor of any Christian Church, that is, or ever was upon the face of the earth: look unto it therefore, lest that fearful censure of our blessed Saviour fall upon thee, which fell on those accursed jews: Seeing they do not see, and hearing they Matth 13. vers. 13. 14. 15. do not hear, neither understand. So in them is fulfilled the prophecy of Esaias, which saith; By hearing ye shall hear and shall not understand, and seeing ye shall see and shall not perceive. For this people's heart is waxed fat, and their ears are dull of hearing, and with their eyes they have winked, lest they should see with their eyes, and hear with their ears, and understand with their hearts, and should return, that I might heal them. A woeful censure: let him look his conscience in that glass, who will not look into this point of usury for disquieting his conscience. I beseech the Father of heaven, by his spirit of grace, to dispossess this age of that spirit of slumber, which maketh men like deaf adders, to stop their ears at the voice of so many Charmers. FINIS.