The market or fair of Usurers. ¶ A new Pasquillus or Dialogue against usury, how and where it is forbidden, & what punishment belongeth unto it, & whether (for the maintenance of the necessary trades of merchandise) it may be forborn, and aught to be punished or not, The chief Articles whereof shall appear unto the reader in the next pagine. Newly translated out of the high Almaigne, by William harry. Deuter. twenty-three. Thou shalt be no usurer unto the brother, neither in money nor in food, nor in any manner thing that is lent upon usury. Cum Privilegio ad quinquennium. AN. M.D.L. ¶ The principal matters entreated of in this Dialogue. whether usury (for the maintenance of the necessary trades of merchandise) may be forborn or not. Whether usury be sin altogether or not where and of whom it is forbidden. What punishment belongeth to usurers, out of the laws of God and also of man. Besides this certain questions, as whether a man may not be master of his own goods, and use the same according to his disposition, for his profit and pleasure. What usury is. What an interest is. What order aught to be kept in felloweshippes and compaignyes. And many other objections. An epistle to the reader. THe Scribes and Pharyseis and other enemies of Christ ever did oft times attempt him with divers questions sometime of the emperors tribute, sometime of the highest and greatest precept of the law, sometime of the right way to eternal life, and such like. All which questions they did demand not to search out the truth in any of the said articles whereby to sattle and ground their consciences, nor to be better instructed in them as though they had doubted in any such matter as they questioned with him of, but only as the holy text saith to tempt him, and out of his answers to gather some matter against him whereby to trap him, or else to be confirmed rather in their old and long before conceived opinions than to be withdrawn from them, for they had determined with themselves before what they would hold and believe, and never to swarm there from nor to suffer themselves to be persuaded there from, what so ever Christ or any of his Apostles show or teach to the contrary. For where as they neither would nor could believe him to be the heavenly doctor which had his commission not from any of the high bishops or priests, but from the bosom of the father of heaven giving him this testimony. This is my dear beloved son in whom I delight and am well pleased, hear him, hear him, how could they receive or believe any poignet of his doctrine: But whatsoever he or his disciples said or taught, their mind & minds is being partly festyd with the rust of ignorans and partly overcome with perverse obstinacy they never minded to alter their old corrupt judgements & opinions nor to reform the least error wherewith they were blinded. In so much as they would not once acknowledge their most great errors to be any errors at all, but would defend them rather as infallible truths. And even at a like point (the more pity) is the wicked world at this present. divers men are ready to move divers questions, some of one thing, and some of another thing, but how many are there that make their demands and move their puestions to the intent to learn or to be better instructed: No no, they do it rather either of a curiosity for some colour and pretense or else to be confirmed in their former judgements and doings. For if they doubted of such matters as they question of, they would abstain from doing the thing whereof they move their doubt, until such time as they were fully resolved whether they might lawfully do it or no. Were it not an unseeming thing for a judge first to condemn a man to death and than afterward to inquire whether his cause be worthy of death or no? He ought rather to suspend the sentens until such time as the matter were fully tried and examined. Even so there are divers that axe and search whether it be lawful to lend money for increase and advantage and to use usury and usans. And in the mean time they practise the thing to the uttermost they can drive it, as though it were a matter so lawful as had no manner of doubt in it. O Lord what a blindness and perverseness is this, what do this men differ from the Scribes Pharyseis and enemies of Christ, the name only reserved that they are and will be called Christians the holy Scriptures were never more taught, reed nor preached nor better set forth then they are at this day, but let us consider what is the world the better, but rather clean contrary the better preaching the worse living, iniquity will ever have the upper hand more and more still. To pass ever other matters were the minds of men, ever so uncharitable or so unsatiable as they be at this day even in this light of the Gospel? The more increase God giveth of all things, the greater starsenes & dearth is there. The more God endueth men with riches the more covetous are they and the more shameful usury do they practise therewith seeking themselves only as though they were borne for themselves only saint Paul's lesson teaching all men to seek their neighbours wealth and not their own is forgotten. And judas lesson Quid vultis mihi what will ye give, what will ye give, is learned at the fingers ends. And this causeth so much misery in the world as is. Yet it provoketh Gods vengeans daily more and more upon our necks, I pray God we provoke it not to much that it lighten not up on us to suddenly, I pray God every may reform his enormities in time. And specially such as are so drowned in covetousness that they care not though their even Christian famish for hunger, as there have some of late been herd of in this realm, lamentable it is to be hard of. But at whose hands shall their blood that so perish but at the covetous cormorantes the covetous leas mongers the covetous rentreasers, the covetous, I can not tell what ye call them, engrossers, rakers and scrapers of so unsatiable an hundredth men's livings will not suffice one of them. And when they have the devil and all in their hands that the poor must buy of them, they will sell nothing but at their own price. And hereof springeth the inhausing of all things. Against the covetous usurers. And what Godly laws statutes or proclamations soever be set forth by the Christian rulers, they can take no place in them though they be found never so faulty, they will shift out one way or other, if they be justly complained of to the justices, some of them will be more ready to excuse them than to punish them, he? No he is to honest a man to do any such thing. Thus one claweth another in the mean time devouring up the poor Tanquam escam panis, as David sayeth even as a morsel of bread. And what shall I say of the covetous usurers, how many are gnawn to the bones and eaten up by them. What make they of the return of their money in one month? But how lawfully how godly how charitable, this little treatise and dialogue translated out of the germanis tongue doth teach, if such as are corrupt and infect with that kind of covetousness will be admonished, they may receive admonition and instruction thereby. If they will not their blood be upon their own heads, they can not say but they were taught and warned. To be short God grant that every man may consider the duty of Christian charity and practise the some, it was never more time, it was never more need. If they will not let them be sure of this, The ox is laid at the rote of the tree, the rod is ready made wherewith we shall be scourged. If any man may be called back at least from this vice of usury by this little work, both the writer and the translator, shall think their labours well bestowed and sufficiently recompensed, God grant they may so do Amen. ⁂ By Edmonde aellen Pasquillus unto the usurers. Dear usurers I chanced a little before the last fair to meet with one of yours in especial, by the way, with whom I had an unadvised communication concerning your science. And forasmuch as I trusted that it should be profitable to many, if it might come to your ears, I thought it good to open it unto you, trusting that ye will take it in good worth, until God send us better. Thus far ye well in haste. Pasquil. What make shift do I find the here. Usurer. A ha friend Pasquil where am I not found? Pasquil. Go to, thou wilt be found one day, where thy friends would think full little to have found the. Usurer. Why so I pray thee? where is that as thou thinkest? Pasquil. In the devils chymeny or smoking hole, as I do conjecture, I dare say none otherwise. Usurer. Oh Pasquil God forbid it, I trust not that I have deserved it. Pasquil. No? thinkest thou so? I warrant the thou art not like unto him that standeth behind the door. Well take heed, believe me, it willbe found either in the dust or else in the swiping. But whither art thou now bound. Usurer. Why dost thou ask? knowest thou not, that it is time to go to the fair at Franckeforde? Pasquil. Ah wilt thou thither. Oh how many good fellows wilt thou there cut by the throat, I thought the harvest had been in already, wilt thou now first begin to reap? But I think thou reapest both winter and Summer, where thou sowest but little. Thou shalt one day, (as I said before) be carried home to the devil with thy fruits which thou hast reaped so long. Thinkest thou that thou canst not be forborn at Franckeforth? Believe me, of a surety, there is many a good man at the fair, that would rather see an old wolf, then the. Usurer. Why so Pasquil? I hurt no man. Pasquil. Neither dost thou good to any man, for nought: Which thing many a good man at Franckeforth shall find fulwell, smally for their profit. What hast thou else to do at Franckeforth? Wilt thou shear the sheep? It is toward winter. Usurer. What should I do there? what do other men there? I care my wares thither, sell them and go my ways again. Pasquil. What wares carriest thou thither? Usurer. I carry thither gowns of martens. Pasquil. What? carriest thou thither gowns of martens? The devil taught the that occupation. I am sure thou givest them good cheap. But woe unto those that are so oppressed by the reason of winter, that they have need of thy gonnes. I would rather be a cold until my tethe should clatter in my head, than I would take pain to cover my body with thy gowns. I believe that many in thy gowns are in such perplexite, that it were no marvel though they should defile them both behind and before. But I pray the canst thou sell them well? Thou comest now very late. Usurer. Tush not a wit, I come yet soon enough. Though I came thither but at the going out of the fair yet should I come time enough. For then have I most commonly the best market. Pasquil. Hast thou so? I perceive when the merchants are bound homewards again, and fear the cold wether, them are thy gowns of martens acceptable, how dear soever some do buy them. Thou warnest many one with thy gowns in one winter, that they are afterwards a cold both winter and summer. I pray thee, why dost thou not also wear a good thick, warm gown, that thou needest not to be covered so exceeding warm, when men will have a drop of thy sweat? But what dost thou buy again, when thou hast taken money. Usurer. Nothing in especial. I buy certain skins of martens that I may have work against the next fair. And the overplus of the money which I have then left do I lend unto some good fellow suffering him to do his profit withal until I come home, and then do I receive it again. Pasquil. How dost thou suffer him to do thy profit with it? Usurer. I say his profit and commodity, what profit can he do me with it. Pasquil. Oh God, save me from that profit and commodity. I pray God keep thy gowns, thy momey, and thy lending out of ny trade: For they should soon do me such profit and commodity therein, that there should but little remain. I know that profit and commodity full well good fellow, tell me not of it I pray the. Usurer. I pray the good Pasquil. Let this pass, we will talk of other matters, I perceive right well where about thou goest. Thou invaiest against usury, & yet knowest not what usury meaneth. I was abashed as soon as ever I saw thee, for I thought well enough that thou wouldst not let me alone, because thou art always ready to comptrolle every man. Tell us some news I pray the. Pasquil. Nay hearest thou, thou art not yet rid of me. Thou must at it first a little better. I hold the a groat, I will tell the what usury is, except thou wilt not understand me. Usurer. Alas good Pasquil, I am nothing afraid of the. I know as much of that as thou canst tell me. I will give the work enough, if thou be so disposed. But thou wilt understand no reason, wherefore I could rather be content to talk with the of other matters. Pasquil. Yea thou knowest so much of it, that both God and man may lament it. Thou knowest so many shifts, that a very subtle and large inhibition concerning usury must be made for thee, if thou shouldest not find the way to make a great friendship of most abominable usury. Usurer. Be content good Pasquil, my knowledge, shall neither displease God nor yet man, for I hurt no man with it. Pasquil. In deed the knowledge might be suffered, if the deed followed not. Usurer. Tush Pasquil of a truth thou art ignorant of the matter. Thou wilt have to do with usury against his will, but it is not to be scanded as thou thinkest, for thou art not expert in the trades of merchandise: How should tell the what usury meaneth? for I think thou art not so deeply seen in the holy scriptures, nor yet in the laws, that thou shouldest know so properly and exactly to discuss and to judge of it. There are many points belonging to it. Many cry out upon usury, Luther hath also written fiercely against it, but it is good to see how they it it. Yea I know certainly that if thou shouldest now tell me what usury is or meaneth, thou shouldest be to seek in it, I omit that thou shouldest exactly dispute of it. Pasquil. Well go to, I have not studied in holy scripture in deed, very much nor yet in the laws. Neither is it possible for me to recite, understand or to number all & singular inventions and practices, of the, and of the thevish, devilish coming, and subtle fellowship, yet dare I undertake to tell the what usury is, neither will I miss the one straw breadth from the holy scripture, and the true sense thereof. But I pray thee, hast thou red▪ Luther's book whereof thou hast made mention? if thou have, I doubt not but he hath sufficiently told it the. And although it please not thee, I think that Luther wrote it not to th'intent that it should please the and such as thou art. I have heard divers other which said that he understood it not. But I think ye will not understand it. If he have not noted, specified and confuted all your excuses and shifting holes (as it is impossible for any man to know or to remember them all) yet hath he laid such a foundation, that ye can not overthrow it, no though ye knew and had the subtlety and craft of all the devils in hell. Therefore it skilleth not, although thou and such like hellhounds be not pleased with it. Usurer. What good fellow, thou needest not to call me, and my consorts hellhounds, because I am not pleased with Luther's book, for I know if thou thyself shouldest read it and pondre it accordingly, thou shouldest not be pleased with it, for he will have it in all points so straight as a line. But he hath not weighed it with further advisement. Pasquil. What I pray thee, hath he drawn the net to straight for thee? thinkest thou so? thou thoughtest he should have favoured thee, the breadth of a finger, that thou mightest find a starting hole, as thou dost. Usurer. Yea I wis is it drawn to narrow & to strait, as also the wise jurists of Wittenbergh disputed of late, that if a man should take five or two in the hundred by the year, it should be sin and usury: Think ye that it was not well spoken of wise men? Pasquil. Yea I have also heard of the same, Art thou not pleased with it? Would to God that that man which disputed the same had so much that he might write of it, his unwise reason should so spread it out, that thou and all thy felloweshyppe should have yet less pleasure in it. I pray the thinkest thou that it is so unwisely spoken, to say that but five or two of the hundred is sin and usury? How doth it then please thee, that the same disputation affirmeth moreover, saying that if a man take a draft of cold water more than he hath lent, it is and aught to be called usury? How thinkest thou by that? Usurer. What should I think by it? It is folly. They understand it not, where should they have learned it? I would gladly reason with one of them of it. And Pasquil, if I should reason with the of it at large, I would tell the so much, and lay before the such invincible arguments and conclusions, that thou shouldest be constrained thyself to grant and to confess, that usury may not be tied up so short nor be so narrowly comprehended, how sore soever thou be now against it. And would also decently prove unto the that such usury (as thou dost call it) is no sin. Pasquil. If I had now four ears more than I have, I would set them all open with nose and mouth to hearken unto thee, therefore go to with it, & spare not. If thou couldst persuade me that Luther and the high learned and expert jurists did not understand it, and that such usury were no sin, I would hold somewhat of thee, and would then also play the usurer in such sort that nothing should cause me to refrain it, saving lack of head money. Usurer. But I speak not of very great usury, as thou thinkest, but of a reasonable and decent gains. Pasquil. Thy reasonable and decent is unto the young occupiers and beginners, even as the playing of the cat is unto the mouse. But I pray the say on, thinkest thou that usury ought not to be so straightly tied, and that it is no sin? Usurer. Well seeing thou hast a mind to it, I will talk with the further of it, and first I will conclude on this manner. Whatsoever may not be forborn for the maintenance of the common wealth both in city and country, of mutual felloweshyp, & of all manner of necessaries pertaining to the natural life of man, is not imputed unto us of God for sin, yea and the higher powers ought not only not to hinder it, but also to further and help to maintain it. For God will have the mutual conversation among men preserved and entretayned in due order. Now it is manifest that usury can not be forborn for the upholding of the premises: Therefore can it not be sin, & reason requireth that it be let alone, C ae ff▪ de Vsuris pertotum. but it shall be found contrary according as the temporal laws written have let it pass, as I am informed. Pasquil. The first part, will I pass over and let it remain in his force, Exemp. sunt in Deut. C. 18. Vbi iudeis specialiter conceditur. Vsurari. et in David, 1. Re. 21 et in Euangel. Marci. C. 2. for doubtless whatsoever among men can not be forborn, shall not be imputed of God for sin, for else thereof should follow a great inconvenience, wherefore I will here make no farther searce of it. But the other, where thou sayest, that usury can not be for borne for the same, I do not yet sufficiently understand, neither will I grant it thee, whiles thou inform me better of it. If thou canst prove it me, I will grant the the consequence the third part, and do as I have said before. But as long as thou dost not prove the same, I will in no wise grant the the third part. Usurer. That usury can not be forborn, will I prove on this wise. The trades of Merchandise can not be forborn. Wherefore also those things that help to uphold & maintain the trades of merchandise can not be forborn. That the trade of merchandise can not be forborn is evident. For every husbandman can not run thither where all things necessary grow and are made. Neither is there any land, that hath all things necessary for man, therefore must there needs be some men to carry all manner of necessaries, from land to land and from one country to another. As it is manifest in the laws. Therefore must it also follow, that the thing can not be forborn which helpeth too maintain the trades of merchandise. Callistra●usin l●j ff. de Nundinis. Ex pl●tonc. Vide Dn. Budcum hic pulchre. For like as I can not forbear an house in winter, even so can I not forbear the thing which sustaineth and keepeth up the house from falling. In like manner, if the thing be not, or else ceaseth, which beareth and sustaineth the trades of merchandise, then must also the trades of merchandise fall and cease. Pasquil. Thou needest not to make half so many words. I know aforehand, that whensoever thou affirmest any thing having some foundation, thou seekest all vantage that can be sought. That the trades of merchandise can not be forborn, this do I know very well. I know also on the other part, that divers trades of merchandise might as well be forborn, as some cannot be forborn. Whereof I could show the sufficient proofs, but we will not now so far digress from our purpose. I know (I say) precisely, that the trades of merchandise can not be forborn. I do also understand and grant, that the thing can not be forborn which sustaineth and upholdeth the necessary trades of merchandise. But what wilt thou conclude of this? Usurer. Soft I pray thee, thou shalt hear it well enough. I proceed now, saying. What soever sustaineth and upholdeth the necessary trades of merchandise, can not be forborn, neither is it any sin lending and borrowing upholdeth the necessary trades of merchandise. Therefore can not lending and borrowing be forborn, neither is it any sin. Pasquil. Concedo totum argumentum, I grant all the whole argument. But see, how cunningly he goeth about the matter, even as the cat goeth about a mess of hot pottage. Oh, I perceive so prettily whereabout thou goest. If thou get much by this, I am sorry for it. But I pray thee, go to, say on, let us see what thou wilt make of it. Usurer. What should I make of it? I will now proceed further, and conclude on this wise. Lending and borrowing may not be forborn, neither is it any sin. Wherefore also the occasion of lending and borrowing, and the thing which upholdeth lending and borrowing, may not be forborn, neither is it any sin. Pasquil. Ha ha he, this maketh me to laugh, I pray the where hast thou learned this goodly manner, that thou comest in so rushing smoothly over new market heath? For thou mightest have comen near to the matter a great deal. But thou wilt say a good foundation for thy matter, for the building is heavy, and hath much need of it, but dig not to deep, or else thou shalt find water. Oh what a sort of dogs flies hast thou about thee, although it be not about midsummer. When diddest thou ever hear me say that lending and borrowing is evil? Luc. Vi. Deu xxV Matt. V Ecclisia▪ xxViii. Is it not commanded in the holy scripture? If so be that praise unto the lending and borrowing, how should I dispraise the cause of lending and borrowing? But on I pray thee, I will meet with the anon, out with it, go to, I will tell the anon of that occasion. Usurer. Well, then will I proceed, & say for a conclusion. The occasion of lending and borrowing can not be forborn, neither is it any sin. Usury is occasion of lending and borrowing. Therefore can not usury be forborn, neither is that also any sin. Pasquil. Ergo, ideo, igitur, quare, quamobrem propterca. Here of followeth usury so mightily, & cleaveth so fast to lending and borrowing, that no Logician is able to move the consequence neither is there any Alchemist so cunning, nor any water so strong, that is able to separate them. What way shall I now turn myself? There hast thou hit me in deed. Usurer. Thou art full of pratynges and mocks, but yet thou canst not leap over it. Pasquil. No in deed if a loode of hay stood in my way I could not, but I pray that who hath taught the that high logic? where hast thou studied it? Where hast thou red that usury is the occasion of lending and borrowing? specially of that lending and borrowing which is magnified and praised of the scripture. I thought thou hadst understanded me, that I speak of lending and borrowing which the scripture praiseth. a Eccli. 29. C. But I must tell it the plain. There are two manner of lendings and borrow. The one is that which is done of Christian charity & mercifulness freely without respect of any reward. The other is that which is done of covetousness for gains and rewards sake. Whether of both these (thinkest thou) is praised of holy scripture? Whether of both (thinkest thou) can not be forborn? I am sure that lending & borrowing for nought of more love and mercy, D.C. 29, Eccli. with out respect of any reward, is praised in the scripture. And this may not be forborn, this also is not only no sin, but a Christian good work, which God will reward, the occasion whereof is the Christian love, not to be forborn nor dispraised, for she is a tree full of many good fruits. And here do I grant thee, that this lending and borrowing with his occasion may not be forborn, & that it is no sin. But where wilt thou become with the other lending & borrowing which proceedeth of covetousness for lucre's sake? Thinkest thou that this also may not be forborn, and that it is no sin? Usurer. It is certain that it may not be forborn. saying then that it can not be forborn, it can not be sin, nor yet his occasion, wherefore my conclusion must needs stand sure. Pasquil. Well if thou canst prove me, that such lending which is done for lucre's sake can not be forborn, then must I bite in a four apple, and yield myself, to be almost overcome. Usurer. That it cannot be forborn, it is evident, thou confessest thyself, and it is also manifest, that lending and borrowing can not be forborn, & now, thou makest two kinds of lending and borrowing, wherewith I am content, neither do I dispraise the same division. But when the one ceaseth, if so be that lending and borrowing shall continue then must the other needs succeed. Thou seest with thine own eyes, that no man will lend for nought, & there must needs be lending and borrowing what way soever it come. Therefore must needs the other succeed in the room of the first, and can in no wise be forborn. Now saying it can not be forborn, the thing ought also to be suffered which is the occasion whereby lending and borrowing is maintained, lest occupying decay and perish by thee, both in city and town as is afore mentioned. For certain it is, that if lending and borrowing should cease, occupying must needs decay and fall, and many men should perish and die for hunger. If then lending for advantage were forbidden, or were made so great a sin, it should cease, and lending for nought is ceased and gone already, what an hurly-burly & inconvenience should follow of it may be easily perceived. Pasquil. Behold I pray thee, who would have believed that thou hadst been so good an archer, that thou shouldest so justly have hit the prick? Thou hast it it even as he that would strike the cow on the head, and it her on the tail. I marvel whether thou dost wilfully deceive the self or that thy master the devil hath so blinded thee, that thou canst or wilt not understand thyself what thou speakest. Thy meaning is this as I understand thy words, forasmuch as no man will lend for nought, lending for advantage must needs be suffered and not be counted for sin, that the ordinary felloweshyp and occupy among men may be entretayned. What meaneth this else? then, no man will do good, therefore must God suffer all abomination, and count it for no sin, or else he should be fain to be in heaven alone. Or when the wolf hath eaten one sheep, while he will not be so contented, he doth not amiss, though he take another▪ either the devil himself hath blinded thee, and spoiled the of thy wits, or else thou wilt needs go the wrong way against the devils will. A blind man may feel, how this agreeth, no man will do good, therefore must wrong dealing be praised. Thou sayest, and alas it is to true, that no man will lend for nought. But what is the cause? Is it not that detestable unsatiable covetousness? If that were not the first lending should not cease but follow mightily. But when covetousness is present, and doth hinder it, is it then God's service? Wilt thou therefore conclude, covetousness hindereth Christian charity, therefore must covetousness have his course? Yea sayest thou I grant that it were better and more godly done, to lend for nought, but seeing the same is not done, the other can not be forborn, and saying it can not be forborn, the occasion may not be taken away, lest it be dashed altogether. Lo thou puttest here two parts, the one that lending for advantage can not be forborn, the other is the consequence wherefore the same is no sin. So that thou repeatest all that thou hast said. Now will I answer the more plainer. First that the lending for usury can not be forborn dost thou prove by this, because that lending without reward ceaseth, and that yet for all that lending and borrowing may not be away. Whereupon I have answered the that wrong dealing can not be good, because no man will deal uprightly. Therefore must thou have a respect to the occasion of the same ceasing, & let it be sin, namely covetousness, and then shalt easily judge the other part, that is to say, whether lending for advantage by sin or not. And I think also that thou wilt judge thyself that all is not well, saving only that necessity causeth the to affirm the contrary. For thou sayest that need requireth it to be suffered, least lending and borrowing do decay. Here will I ask the a question: Who is it that can not forbear this lending upon usury? Thinkest thou that those poor fellows which are in necessity can not forbear it? Yes yes very well, if they can not forbear lending, they may forbear usury so much the better. Yea sayest thou, if they can not forbear lending then must also usury needs have his course. Yea they are sorry enough for it, that it hath his course, for they could forbear it well enough. Who is it then that can not forbear it? The usurers? Yea verily, because they can not be filled nor satisfied, else could they forbear it well enough. Therefore may usury on every side be forborn well enough, neither is there any necessity that can make it good. Usurer. Pasquil thou dost not well understand me. How be it thou hast said so much in deed that it may be perceived, that the fault is nowhere but in the will. And indeed a man might as well lend for nought as for lucre's sake, if he would do it. But I will be here, thou talkest much of Christian love, but it willbe long or thou shalt bring it into all merchants. Therefore do I suppose, that usury can not be clean taken away in the trades of merchandise. For then those trades must decay remedyless. Pasquil. Yes, I understand the well and fine, now better than before. Thou wilt grant me I am sure, that it is not well done not to lend for nought. Usurer. I grant in deed that it were better and godlier, if men did so. But that it should be so evil done to take a reasonable reward for it, this can not I believe. Pasquil. Well that shall come after: I will not now digress from thy purpose, but will reason with the of that, where thou thinkest, that usury may not be whole taken away, because of this necessity, that occupying should fall and decay. Of the sin will we talk afterward. If usury were now forbidden quite and clean, in such wise that no man durst take any more than he had lent (I speak of usury and not of rents which may be redeemed again) what thinkest thou would follow of it? Usurer. tush, that is impossible to be done, what should follow of it, no man would lend or trust any more to other, & so must occupying needs decay. Pasquil. Oh, would to God that many of those trades of occupying had never been invented nor brought up. But hearest thou, I must somewhat tell the of that lending and borrowing which may not be forborn. There must needs be lending and trusting, to th'intent that many a poor fellow may have where withal to begin, truth it is that many one is able to occupy for the profit of the common wealth although he have not always ready money. But if it were foreboden (as in deed it is foreboden sufficiently) that no man should sell his wares which he trusteth, any dearer, than he doth when he selleth them for ready money, thinkest thou that lending and trusting would utterly decay? no verily. The great occupiers would never suffer that lack in their occupy. They should not always find such merchants as would bring them great bags full of dubbell ducats. Wherefore if they would sell their wares they should be fain to trust then as well as now. And although they would not trust many one whom they trust now, yet would they trust some of them rather than they would keep their wares & lose their fresh occupy. And then must many a man occupy as far as his purse would reach, and stretch out his legs according to the length of his coverlet. He must occupy so much the less, go fair and easily, and not fly before his feathers were grown. Then should he also have this advantage, that he should buy so much the better cheap, & should not need to take naughty, old, mingled and deceivable wares, whereby he might warrant them again unto other, and need not to deceive any man. Which should be unto him an occasion of a good name whereby his occupying should greatly increase. Now adays, if a man be trusted, he must give so much more in every pound, and besides this he must take naughty and rotten wares, whereby the common people is enhanced and deceived. For he must needs sell his false borrowed wares again so much the dearer, if he will recover his head money, and have a living by it. Wherefore if this enhauncing were foreboden, the merchants should be constrained to lend and to trust even as well then as now, if they would occupy, and lending and borrowing should then keep his course better and more commodiously than it doth now. Peradventure thou wilt say, that can not be done, who should look upon it, or who can be in all occupations, and at all bargains? To this answer, that the borrowers and such as should be trusted, would take good heed to it, and would also inquire diligently, how wares are sold for ready money. Therefore this is sure, that although such enhauncing and raising of prices in lending or trusting were strayghtely foreboden, yet should good trades of merchandise and occupations keep their course nevertheless. And if thou thinkest that the occupiers would also keep up their wares for ready money, thou mayest be sure, that if one come & bring ready money, if so be that the occupier will not let him have his wares for a reasonable price, he will go to another, which willbe glad to let him have it for a price reasonable. Whosoever will make money of his wares, must also receive money for them. The merchants and sellers are expert enough in that feat, if a man come unto them & bring a bag of money in his hand, they are loath to send him away. In like manner we conclude of lending. Where as one merchant dareth to another, or a rich jew having much money dareth to this man or to that man for money. If this were forbidden, as in deed it is foreboden in all laws, that noman should take more again than he had lent, should occupying then decay? No forsooth. One good neighbour would lend to another nevertheless a crown or twain at his need. If then one rich man would not lend to another, so must the needy leave much pride, deceit and bragging. If the rich would not lend unto the poor merchants, and specially to young beginners, then must every man order himself thereafter, and occupy fair & softly, he must not cry ho before he were over the dyche, nor make larger cloaks than the cloth would give, and it were better and more profitable for the occupiers and the common wealth, that it is now when usury & such great lending is occupied. It were better for the occupiers, for than should not every one that is not worth one hundred crowns be so ready to borrow for three thousand crowns wares, trusting to the usurers. Item it chanceth many times when a man hath occupied for a season, and hath been trusted of many an honest man, which have lent him their wares, that an usurer cometh after them, and eateth him up clean, so that of flesh and bones he becometh iron, in the devils name, and payeth nothing to noman. And though it were not greatly for the profit of the great occupiers which lend so much money upon usury, yet have they no need of it, neither should their occupy decay by the reason thereof, and it should be for the commodity of the mean sort, that they should not be so deceived, and also for the young beginners, for than they should learn to take heed to them selves, and to occupy after their ability, that they should not climb so high in one year, that that they should afterward be constrained to fall so much the hire with shame, they should also know their gains, and that they get it for them selves and not for the usurers. It should be for the common weith, that God were not so offended with usury, that there chanced not so many complaints of decayed merchants, that every man must occupy according to his purpose, & not above his ability, lest he might be occasioned to take much upon usury, by the reason whereof he should be fain to raise the prices of his wares again, and to sell so much the dearer. If princes and cities had not one or twain that were rich alone and made a hundred men poor or more the high Potentates and also their poor commons should not so fore be burdened in time of need, they should learn also to avoid some dangers. Wherefore it were better that usury were foreboden, for necessary occupy should remain nevertheless in his course. And although it gave the occupiers a blow, (for many of them should not have so great a trade, neither should there be so many occupiers) yet can not I perceive wherein it should be prejudicial or hurtful to the common wealth. For it should profit the common wealth in those things which I have recited before. peraventure thou wilt say unto me, it is a thing which perchance might be brought to pass in such things as shallbe done & contracted hereafter, but how should it agree with that which is in occupying all ready? One man is indebted to another, every man willbe paid, if his debtor have no money there must needs be some body to lend him, for his creditor hath made his reckoning upon it. Wherefore if usury were forbidden, he should find no man that would lend him. To this I answer. That one must bear with another from the least unto the most, for they may tarry well enough. If they will not, Eccli. 29. they may go their ways from the doors. If complaint be made then must the higher powers help and counsel according as the matter requireth. Yea I can be content to grant that it would give the occupiers a blow, but wherein should it hinder the common wealth? The merchants also should find the means well enough, that the trades of occupy should not be greatly hindered by it. But they let it not come to that, for it would seem very grievous them, but if it were ones put in ure, no man should feel any hurt by it except the usurers, neither should any man be the worse by it saving the chief merchants, and that could make no great matter. For within the space of a year or twain it might be brought to that pass that all should be forgotten, and there should be an upright and true dealing in all trades of occupy. In deed it is a great matter to speak of, yea and I know right well that all merchants think it unpossible, but yet if they were so disposed, having a mind to it, and would help thereunto, they should find it otherwise. This do I not speak because I would teach the higher powers what they should forbid, or because I think that lending and trusting may be altogether forborn. But to show the my mind how usury may be right well forborn, and that, although it were sharply forbidden, the common wealth should not be only not hindered by it, but also greatly furthered. Sicut ipse Imperator facitin L. I. § fin. C. de. cad. toll And although it were somewhat prejudicial to certain fat Cobs, yet ought rather a respect to be had to the furtherance of the common wealth, then to the private wealth of certain private and sinful persons. Summa GOD forbiddeth us nothing that for the maintenance of a decent order and for the necessity of mutual conversation & living between man & man can not be forborn. But God hath forbidden usury. infra patebit. Wherefore it is certain and clear, that it may well be forborn. Also that the abolishing of it seemeth to be such a busy piece of work, is for lack of a good will towards the same, for the fault of it is nowhere else but in the will, wherefore I say, that the objection of the great occupiers and specially of the usurers is nothing worth, which say, that usury can not be abrogated, though there be never so much crying and writing against it, because that for the maintenance of the trades of merchandise it can not be forborn. In deed they that be usurers, and such as have a profit by it, think that they can not forbear it, yea many of them (I think) would go nigh to hang themselves, if it should be forbidden, or rather more than forbidden, but the common wealth might forbear it well enough, for the necessary trades & occupienges, should keep their course nevertheless, as farrefurth as they are necessary and profitable for the common wealth, and can not be forborn. Usurer. Of a truth Pasquil thou art able to bring a man in a doubt. In deed it is true that the fault is but in the will, for else it could not be so impossible to be done, But to bring men to this will is very hard to be done. There are very many of this opinion, yea and I myself have been of this judgement, that usury ought to be permitted, and not to be abolished, because of the trades of merchandise. But now verily I know not what I should say. Truly I will look better upon the matter. Pasquil. Remember thyself and study about it, and thou shalt find that the fault is in the will only, and not in the possibility, as pertaining to the merchants. I know that not a few, unto whom this our communication shall come, will be very sore offended with all, thinking that heaven would fall, and the world perish, if usury should be abolished & taken away, notwithstanding every man is bound to counsel, to say, and to do the best for the profit of the common wealth. But if there were any wise man among them being persuaded and certified by his learning that usury might not be forborn, for the maintenance of occupying & for the profit of the common wealth, that would write against me? How should I do then? But I do not greatly fear it, I trust to God that I shall get never a white hear for it. For they are ashamed of their occupation, neither will any of them lightly cry Cuckoo. Usurer. No faith Pasquil, thou needest not to fear that matter nevertheless if it should chance, which God forbid, I doubt not, but thou wouldst find an answer for him. But I will look better upon it myself, and at this time we will proceed, and talk further of the matter that I spoke of before. I will grant the that it were more Godly and christianly done, if one would lend to another for nought, yea I permit also the usury might be forborn for a need. But thinkest thou, I pray thee, that a man is so bound to lend for nought, that it should be sin, if he did it not? May not one use his goods for his most advantage? Who will compel a man to lend away his goods for nought, which he might occupy himself? Pasquil. Thou puttest here three manner of questions. First, whether a man be bound to lend unto his neighbour: Secondly whether it be sin to take any thing for it. thirdly whether a man may not occupy his goods to his most advantage. To the first will I answer the with Doctor Luther, that the temporal powers doth not compel the to lend away thine own, wherefore also the temporal powers doth not correct the if thou do it not, neither can they say that thereby thou hast offended against them. But whether thou be bound to it before God, & whether it be sin before god, needest thou not to ask me, for it is written. Whosoever hath this worlds good, i. john. iij. and seeth his brother have need, & shutteth up his compassion from him, how abideth the love of God in him. Is not love commanded in many places of holy scripture? and also her works? Saith not the scripture, I. joh. iiij beloved, if God so loved us, that he gave his only begotten son for us, and sent him into the world, that we might live through him, we ought also to love one another. If we love one another, God dwelleth in us. Ibidem. Item this commandment have we of him, that he which loveth God should love his brother also. levit. nineteen Item thou shalt love thy neighbour as thyself. Gal. V. Item see that ye love one another with a pure heart fervently. I. Pet. I. Item, this is my commandment, that ye love one another. john. xu. Lo, thou art bound to love thy neighbour as thyself, art thou not then bound to help him to counsel him, and to profit him, as thyself? Yea if thou must do to other as thou wouldst be done to if thou were in necessity, Luc. VI Mat. Seven. and if thou mightest be helped with money, and knoweth that thy neighbour had enough, wouldst thou not be glad that he would help and secure thee? Rom. xii. thinks thou that love is called the fulfilling of the law in vain? Wilt thou then be a Christian? wilt thou walk in the law? Wilt thou dwell in God? And wilt not abide and walk in love? Saith not the lord Christ, I. john iiij Mat. V Deut. xu. turn not away from him that would borrow of thee? Item. When one of thy brethren among you is waxed poor see that thou harden not thine heart, nor shut to thine hand from thy poor brother, but open thine hand to him and lend him sufficient for his need which he hath. Lo thinkest thou that thou art not sufficiently commanded to lend unto thy brother? thinkest thou yet that thou art not bound to it? Yea is not by this also thy second question sufficiently answered, where thou demandest whether it be sin to take aught for it? Behold, if the lending of a Christian man, be a deed of charity and mercy, should then the selling of thy wares to a man for money be also a deed of charity? What dost thou give him for god's sake I pray thee? Luc. vi. Sayeth not Christ, that thou shouldest lend looking for nothing thereof again? He saith looking for nothing, I omit taking any thing. Should this also be a Godly work, when thou lendest & art paid dear enough for thy labour? Do not sinners also lend sinners, as Christ saith in the same place? Wilt thou ask yet whether it be sin to take any more than thou hast lent? Is it not usury? Do noth both the Spiritual and temporal laws call all that usury, whatsoever is taken above the head sum? a i. iiij. iiij. q C plerique. Cum. c. sequen. A. xx. C. de Vsuris in Sum. ae. Communiter. Not only the money which is that above, but also whatsoever it be, b D. xiv. q. iij. C. si feneraveris. C. sequen. D. C. plerique. etc. fin. as meat, drink, raiment cloth or any thing else. Yea also the only desire or hope to have any lucre or gains by it is usury, and whosoever dareth aught after this sort is called an usurer in the spiritual laws. c. For it is written, Mutuum date nihil inde sperantes. See that ye lend looking for nothing thereof again. c D.C. Foenerarius. et de Vsuris C. Consuluit. D. C. 6. Luc. Excipe casus in. 6. Conquestus. c. Salubriter. et i Ex de Vsurisquo rumque solutiones sunt in glossis. et in Interest de quo. i. seeing then that it is usury whatsoever is desired and taken above the head sum, as it is without any doubt; and is also so taken in all places in the laws, dost thou yet demand I say, whether it be sin to take any thing for it? Is not usury forbidden hard enough both in the spiritual laws, and also in the temporal laws? Is not this a plain text of Christ which I have now certain times alleged out of the sixth chapter of Luke, where our saviour himself commandeth saying, see that ye lend looking for nothing again? nothing is not some thing, neither is some thing, nothing. What sayeth the Psalm? Lord who shall dwell in thy tabernacle? Who shall rest upon thy holy hill? Even he that leadeth an uncorrupt life, and dareth not his money upon usury. Where shall he than become that giveth his money upon usury? Even without the doors. In that heaven, where the devils chase one another with dung forks. Exo. xxij. What saith the lord in the second book of Moses? If thou lend money to any of my people, thou shalt not oppress him with usury. Ezech. 18. Item Ezechiel numbereth those among the righteous that receive no usury, Leu. xxV nor any thing over. Item in the third book of moses. Thou shalt not take usury of thy brother, nor yet vantage. Thou shalt not lend him thy money upon usury, nor lend him of thy food to have advantage by it, but shalt fear thy God. Lo, if thou must fear thy God concerning usury, them must it needs be sin. Item in the fifth book of Moses. Deu. twenty-three Thou shalt be no usurer unto thy brother, neither in money, nor in food, nor in any manner of thing that is lent upon usury, that the lord may bless the. That is least he course and condemn the if thou do the contrary. xiv q. iiij i.c. et q. § c. quod debetur. etc. nec hoc d. q. iiij. etex. de Vsuris c. 1. & ij. & in alijs locis. In like manner is usury forbidden in the spiritual laws written, so that it is not lawful to commit usury neither for priests nor yet for lay men. And the temporal power submitteth herself unto the spirituality in such cases as draw to sin and disquiet the conscience. Willing men therein to obey the spirituality. Authen. de Ecclesiast. titulus. Anno M. D. & Anno. M. D. thirty. august Vind. licorum. Whereby she will also have usury forbode and abolished. Yea besides the wholesome laws & statutes of this realm, the most puissant emperor Charles now reigning and all the states of th'empire together assembled at sundry general counsels, have earnestly forbidden, abrogated and besides that knowledged to be of none effect all manner of contracts agreements and bargains, mixed with usury. Lo, dost thou yet ask whether it be sin to receive more than thou hast lent? Thou hearest and seest by many evident and plain texts of holy scripture, and by many places alleged out of the laws, that it is against God and the higher powers both spiritual and temporal, thinkest thou then that if such usurers as have taken so much usury of many one, were deprived of their head money, were served amiss? And that it were commanded, that whosoever had given so much usury as the head some me amounteth, should neither give any more usury nor yet return the head sum? For usury is forbidden, & the usurers have had warning enough. And if now the higher powers and magistrates would earnestly and openly proclaim all manner of contracts mixed with usury to be void and of none effect, and to put in execution the foresaid ordinances contained in God's book and the wholesome laws and statutes of this realm agreeable to the same, thinkest thou that it were not well done? Have not those helhundes had warning enough? Have they not been sufficiently admonished, both by open texts of holy scripture, and also by wholesome laws and statutes before mentioned? Usurer. Tush Pasquil, thou art to tedious for me, I can hold my peace no longer. I have hearkened unto the till I sweat again. Thou hast told me so much, that I must needs grant that it were better & more godly, if one would lend to another for nought, then for money, neither can I choose, but must needs confess that it is sin also, if a man take more than he did lend, for both the spiritual and temporal law saith that it is usury, how little or whatsoever it be, and again the holy scripture and our Lord and saviour Christ himself, and besides this the spiritual and temporal magistrates do forbid usury. If so be then that God doth count it for great sin whatsoever is committed against the commandments and ordinances of the higher powers only, how much more will he count it sin, and grievously punish whatsoever is committed against his divine majesty his only begotten son jesus Christ, his word, and against the higher powers both spiritual and temporal also? Therefore must usury needs be a great sin doubtless. But yet there are certain cases in the laws, wherein a man may take somewhat more than he hath lent? Wherefore I believe, that in this lending whereof thou speakest are many cases and exceptions wherein it is no sin at all. Pasquil. In deed, there are certain cases, wherein the surplus is not taken for usury, Gloss. in c. quoniam multi. xiv q. iiij. as where the surplus is taken for avoiding of damage, for there it is counted and taken for an interest, and not for usury. What usurp is For usury is, when any thing is taken above the head sum, the creditor remaining harmless, & the head sum not being diminished. But this is not usury, when a thing is taken away from the one end and put to again to the other end, as I will declare unto ye. Usurer. Forasmuch as thou hast brought me into this disputation, I can not yet cease from it. Thou speakest here of Interest, I pray the tell me, is not Interest usury, surplus and such other all one? Or what difference is there among them? Pasquil. (advantage) Cum per id probat●r dom. et possess. l. ij. C. de arg. et ret. possess. Well, saying thou art disposed, I take it also for a pastime, and will gladly talk with the further in the matter. But of Interest will I tell the afterwards. It is far another manner of thing than usury, although it be a covering for much usury. I will first answer the to thy third question, Cum quis que sue rei moderator & arbiter sit. l. In re mandata, c mandat i (Loss &) hindrance. which thou movedest before, namely whether it be not lawful for a man to occupy and use his goods as he may best for his advantage, for thou shouldest else build upon it again. Arg. l. justicia § juris precepta, ff. de justit. & iure. & sic secundum. l. Nam hoc natura. ff. de condict. indeb. l. jure naturae. ff. de reg. jur. Wherefore thou shalt understand that the temporal powers and their laws do not forbid the the use of thy goods according to thy will & pleasure for thy most profit & advantage. Notwithstanding although the same power in general will and granteth the the use of it after thy mind without any man's loss or hindrance, for thy most profit and advantage, yet doth it not extend so far and so straightly against thy question as the holy scripture doth. Howbeit the temporal power doth so a L. si quis §. fin ff. de Instito. act l. si pupilli. §. sed & si quis ff. de nego gest d. ll. nam hoc. nat. & iure. naturae. straightly and narrowly comprehend the use of thy goods, that thou canst not build usury upon this question. For neither the spiritual nor temporal powers do permit unto the the use of thy goods any further, then as far as it is not against God and his laws. If so be then that they forbid the the use of them. b arg ab of ficio Magistratus et possint adduci in numerabi lia exempla exutro que iure. as it is against God and his laws, them do they also forbid the the same in usury. For that is against God and the laws as thou hast heard before. But yet the holy scripture goeth further, and comprehendeth the use of them more straightly. For the higher powers suffer the to apply the use of them for thy most profit and advantage so that thou do not hinder nor harm any man with them, nor attempt any forbode thing therere with. But the holy scripture wadeth further, and will also that thou shalt do good with them. The temporal powers in general are content with the although thou do no good with them, so that thou do no hurt or harm with them. But the holy scripture taketh better hold of thine authority which thou wilt have in thy goods. As hath been declared above. And will that thou shalt not only do no harm with them but also that thou shalt and must do good with them, if so be that thou wilt be a Christian, & the child of God, and not a paynim or a Turk. Thou art forbidden to commit any usury with them, and thou art commanded to serve and succour thy neighbour with them, as thou hast heard before. Therefore shalt thou understand and take this answer concerning thy third question, that it is not lawful for the without any difference to occupy and use thy goods at thine own pleasure, as thou canst best, for if thou wouldst occupy and use them in matters contrary to God and his laws, thou hast none authority to do it, for thou art forbidden so to do both by God & also by the high powers whom thou must obey, or else thou art the child of the devil both body and soul, for God is thy creator, Rom. xiii. and the higher power is thy defender under God. Gen. i. Usurer. Of a truth Pasquil this same is a good Instruction, neither do I think that any man can reprove it. And I assure the that I have oftentimes heard this objection, that a man is lord and master of his own goods and hath authority to use them for his commodity and profit, thinking thereby to make usury lawful, or at least that a man were not bound to lend his goods for nought. But now I perceive right well that a man not only hath none authority to use his money in usury or in any other thing against God and the laws, but also that he is bound of very duty to serve other with it for nought, according to the manifest instruction which thou hast given me out of the holy scripture. But I pray the now tell me some, what of the Interest, for there will also befall some questions. Pasquil. Truly of this Interest hath Doctor Martyne Luther given the sufficient instruction in his book by the before mentioned, wherewith thou oughtest (if thou were not so full of hounds flies) to be satisfied. But to th'intent thou mayest have occasion to demand more questions, I will repeat it again. Phil. Det. in l. unica C. desenque pro eo quod in't. prof. This word Interest hath many significations among the lawyers: But they serve not all for our purpose, wherefore I speak of that, whereof thou demandest. And the same is nothing else but amends making for the loss and hindrance which the creditor may have sustained by the reason of the debtor none payment at his day appointed. And this is called elegantly of doctor Martin Luther, a scathe watch, for it is nothing else. And if there be no scathe watch (that is, notable loss or damage sustained by the creditor) there can be no Interest, but it turneth to usury whatsoever is taken above the head sum. This loss or damage may happen to a man two manner of ways. quo ad nostrum propositum. ut. sup. First if thou lend me twenty pounds, and I promise the to repay the same at a certain day and place appointed. The day being expired. I break promise with the. By the reason whereof thy creditors oppress thee, and put the to trouble and loss. And if I had kept promise with the thou shouldest not have needed to suffer any damage, but mightest have pleased thy creditor without any further costs & charges. secondly, when I have lent the my money, and thou having promised and appointed me a day of payment, failest in thy promise and breakest thine appointment with me, I may chance upon a bargain, by the which I might have gotten somewhat toward my living, but thou by the promise breaking causest me to lose the bargain, and so hinderest me in mine occupy, and living. Lo here are two manner of losses. Wherefore the Interest is elegantly called among the lawyers a washing of scate, or an hindering and ceasing of gains. Glos. in Ver. Possibile, ibi Det. & come. d. l. unica. d. tit. Now this loss or scathe may happen unto a man two manner of ways as concerning the time or day appointed. First when I do not keep promise with thee, as it is said before. secondly also before my day is expired. For it may chance that thy creditor may arrest the and put the to hindrance, before my days come and peradventure before thou wast ware of him. Or thou mayest chance upon a bargain, in the mean season whereby thou mightest do good, but forsomuch as I have thy money in hand, having apoicnted the a day of payment, which is not yet come, thou must forego the said bargain. Thus I say may this loss or scathe chance two manner of ways, that is to say, before, or after the time appointed. Usurer. Well go to then, what sayest thou to the first way, when the loss chanceth after the day appointed? That is, when thou by thy breaking of promise with me, causest me to incur into loss and damage? Pasquil. Truly this requireth no great disputation, a Natura n. aequum est ut benefaciamus Ba●ath. in l. Ex hoc iure. ff. de just. & iur. Instituti ste in tt. de obligat. Vbi de oblige. ad. an thitoradi. for if so be that thou hast laid out for me and lent me thy money at my need, and hast gently and lovingly served and succoured me with it, the law of nature and also the laws written grant no less than that I must be. a. thankful unto thee, and as much as lieth in me, keep & save the harmless neither is this repugnant to the law of God, for God will not that I shall be unthankful neither will he that I shall endamage any man. Howbeit, (Harmless) Siue stipulatus sint Sive non. per jura uulg. d. dam. etc. yet were it good and Godly, that every creditor and debtor as then would have respect to the quality of the person, of the time, and of the matter, & temper it after such sort, as it might be conformable to the Christian love. Many things might be here inferred and disputed concerning the same, but the cases and qualities of all circumstances are divers, and in, or by one man otherwise then in or by another. Luc. Vi. Wherefore the conscience must partly be charged, with Christian charity, and with these words of Christ, whatsoever ye would that other men should do to you, do ye even the same to them: by these things ought the matter to be judged and determined. Usurer. It must needs be good reason that thou shouldest thankfully content me. But I must tell the this also, if I were rich and thou poor, and that thy will were good, but thou werest not able to pay me, notwithstanding that thou hadst not been slack to endeavour thyself with all diligence possible for to come out of my debt, not having leawdely nor wastefully consumed nor spent thy substance, or if thou hadst had some mischance, which were no great loss & hindrance unto me, but unto the a great deal, forsomuch as I were more able to bear it than thou, here thinkest thou that I ought to have respect to the condition and quality of the matter, & use it according to the conscience, and not according to extremity. Pasquil. Yea forsooth, think I in deed, all men knowledge and grant it to be good reason, yea & it is but reason in deed, that thou shouldest be kept harmless, and be recompensed for thy loss and hindrance, D. c. Luc. Vi. Math. 5. c Cum omnes de Constitut. Ex l. i. ff. quod quis que viris. etc. i Pet. iiij. Matth. V Eccli. c. xxix. Pulcherri me de hac nostra materia. For no man ought to be encouraged nor occasioned to continued in ungodliness. but whatsoever thou dost thyself thou dost it to the lord. Every man ought to use himself in all things, as he would be used himself. Every man ought to show love and amity to his neighbour, & to be merciful when necessity requireth. But this I say again, if so be, that I had laid out and lent my money to a man gently and lovingly, for his commodity and profit at his need, & he were afterward slothful and slack or idle, or a Ryotour, a drunkard, and horemonger, a player, or such like, and by his own will or at the least through his own negligence should put me to loss and hindrance, with such a man I cannot bear, but must needs go against him, Vide ●hesum sirach. xii. till he stink again. And I trust that in so doing, I should do well and Godly. But in necessity and innocency, let a Christian man, be a Christian man. Usurer. But what sayest thou of the second way after the day of payment be expired? That is to say, when thou hynderest me of some good bargain by the reason of thy promise breaking and none payment. Pasquil. Here must I needs make a distinction: Or else thou wouldst some find an hole to fly out at. And I say that he unto whom thou hast gently lent thy money upon his promise doth not well to hinder the of thy living. For if he do he is worthy to receive punishment for his ingratitude, and to make the amends. But add, Nihil nisi quod in veritate interest, no more than thou hast lost by it in deed. Therefore I say? must a destruction be made and as here Doctor Martyne Luther sayeth also, a concionable respect and remembrance must be had, whether, and if such a bargain did chance in deed, whether thou also mightest have had the same bargain in case thou hadst had thy money. And whether it was such a bargain in deed as might have been lawfully contracted whereunto belongeth many things, whether it had been profitable for the or not. Item weather thou couldst not have forborn thy money for it, these and such like circumstances ought to be pondered and remembered least thou desire or take any more than thou hast suffered loss in deed, or else it is no Interest, but theft and usury. For under this pretence thou robbest thy poor brother. Therefore oughtest thou not only to remember all these things, but also to have respect to the condition and quality of the person, of the time, and of the matter, as it is mentioned above in the first way. Whether the debtor was able to do it, and to pay thee, whether he have wilfully neglected it or not, whether he have suffered any loss or misfortune, whether thou hast more loss be it then he or not or whether he have suffered any loss or misfortune, whether thou hast more loss be it then he or not, or whether thou have little hindrance by it and he a great deal, or not, whether thou mightest as soon have loost by the bargain, as have gotten any thing by it, whether thou mightest have bought the same bargain with a clear conscience, and with honest, and summa thou oughtest so to study & to way the matter, that thou become not a thief & an usurer. That thou mayest so deal with other as thou wouldst be dealt with all. That thou measure not to sharp, to th'intent thou mayest obtain again a full, Matth. V Eccli. xii. shaken and heaped measure in to thy bosom. And that thou mayest again in time of need obtain mercy and become not an unmerciful, false, deceitful Turk, paynim and jew, to thy Christian brother. Usurer. Of a truth Pasquil thou concludest very narrowly. howbeit, in deed I can find no great fault with it if so be that I willbe a Chrstian, But if I willbe an usurer, a liar, & a thief, then have I nothing to do with all this business. I pass not of it, but let it go, whatsoever I get I have it, whatsoever or whatsoever I am called, if I may get it I take it. But if I will be a Christian (I say) surely than I can not correct the in thy sayings. For if so be that I do not so pondre and weigh the loss, but require and take it without any consideration of all the circumstances, it can not fail, but I must needs (as it is said before) become a thief & an usurer, robbing my neighbour by dying and deceiving▪ neither shall ignorance excuse me in this matter, though I say for mine excuse that I did it not wittingly but against my will, for I might take better heed, and if I had pondered and remembered it with as much diligence as I ought to have done, and as than yet had put him to overmuch wrong without my will & knowledge, it might be said, transeat cum ceteris erroribus. And I must commit the matter to God. Pasquil. Yea that must do as well as it may. But yet there may be no knavery hid under the fame knowing & willing. etc. Usurer. Well go to, tell me now of the loss sustained by the creditor before the day of payment. As when my creditors trouble me before the day be come which thou hast appointed me that I should be paid? Pasquil. Here must I make another distinction. If so be that thou have laid out thy money for me at my need, and hast declared unto me what fear & care thou tookest for thy creditors whereupon I have promised to save the harmless, or to turn unto the thy money again, why should I not be bound to do it? For besides this that reason doth require it, I have also made the promise to do it, by the only reason whereof he were sufficiently obliged. supra. And here doth the Law of God & also the law of man grant the no less, than that thou oughtest to be saved harmless, only add to this, even the same that thou oughtest to add in the first way after the day of payment, thus doing thou shalt not only do no wrong, but also deal uprightly and Godly But if so be, that I have promised the nothing but only for lack of payment at my day and term appointed forsomuch as thou wast not ware of this trouble, what wilt thou then get of me by the law? For I have promised the nothing, neither didst thou motion any such things unto me, nor cast any such doubts, also thou mightest have bestowed thy money about some other things whereof thou shouldest have none assurance to be profitable unto the or not. Yea thy money might also have turned the to loss that no man had known of it. What can I do with thy misfortune? I might also peradventure have found some other friend that would have lent me so much without any such business. Therefore after the extremity of the law, I own the nought. But after the law of nature I am bound to render the thanks, wherefore I think it good reason that I do help the to bear thy loss. For thou mightest have kept thy money in thy coffer, or mightest have done good with it some other ways, and have abiden the adventure as well of fortune as of misfortune. Seeing then that thou hast gently lent me thy money and helped me out of my needs, I will not, neither ought I to be so unkind that I would suffer the to incur any loss for my sake, but will rather help the again and bear part of losses and charges with the for so would I be dealt withal of other. Howbeit thou mayest not use falsehood with me, and bring in more loss than thou hast suffered in deed, thou mayest not so order the matter that thou shouldest go fire thyself, and lay all the burden upon my back, for I will bear with thee, and not alone. forsomuch as I will be thankful and help the to bear thy loss without compulsion, it shall become the in lykemaner to be thankful and not to beguile me, nor to use any theft or usury with me. But if so be that I shall bear the loss alone, then will I pay it no more, for thou mayest not lawfully with one sister make two brethren in law. etc. for I have paid thy loss according to thy promise. Usurer. In good faith Pasquil I must needs allow thy reason, when I ponder and perpend thy sayings and meaning accordingly. But how thinkest thou by the other way before the day appointed? As when a bargain cometh to my hands before thy day of payment become, which bargain I must for go because my ready money is out of my hands, in thy hands. Pasquil. Here do I say first as I said before. If I have promised the to save the harmless, & to bear thy loss all the while I have had thy money, then is it reason that I make the amends for so much as thou hast lost in deed, but yet thou must be that thou use no deceit, and that thou use the self in always, as it hath been said above in the other way, after the day appointed, remembering, perpending and inquiring all and singular circumstances, conditions and qualities lest thou become a thief or an usurer on my behalf, and then will I and also aught to satisfy my promise and reason, and save the harmless. But if I have made the no further promise than upon condition, that if I keep not touch with thee, what wilt thou then get of me by the law? For thou wast agreed with me. But if thou chance to suffer any loss or damage by the reason of my promise breaking and not keeping touch with thee, whether. I have promised the or not, I ought must and will consider and ease the same, and then will I own the no more but love and favour. notwithstanding, if thou wilt consider & remember all circumstances, as hath been said above in the second way after the day appointed, and wilt be no dissembler, if I do then perceive, that thou art hindered because of my money, I will use myself, as I would the another should use himself towards me. But in any wise, become not thou a dissembler, thief or usurer on my behalf. Summa, whensoever any man putteth the to loss or hindrance with out thy deserving, thou sinnest not, if thou ask and receive amends, neither is that any usury, but an Interest. But wheresoever is no less, there is also no Interest, but it is usury whatsoever is demanded or received. (Loss) Posset addi. nec periculum sed videtur pro part con. CC. c. navig. de Vsuris. Lo this is an Interest, as much as pertaineth to lending and borrowing. And by this mayest thou take in all cases of lending and borrowing a sufficient instruction, to do uprightly. Usurer. O lord God, if all that be usury, and so great sin that hath been taken, and yet daily is taken otherwise, and after another sort, than thou hast now declared of the Interest friend Pasquil, where shall then many an honest man become? Pasquil. Marry without the doors shall they stand, as I have said before, in that heaven, where the black men chase one another with dung forks, yea where a load of hot burning coals is worth but one half penny. What wilt thou speak of honest men? There is neither honesty nor virtue, where as usury beareth any rule. Where as the commandment both of God, and also of the higher powers is despised, body & soul for wicked Mammon's sake put in jeopardy, and where our neighbour is spoiled and rob of his sweat and blood, what wilt thou there speak of honesty? Usurer. Well Pasquil it is an heavy matter God wot, as thou sayest. Truth it is that thou hast laid such a sure foundation that I cannot overthrow it, notwithstanding I must yet ask somewhat more. It so be that I lend a man money, none otherwise but for nought, & upon this condition that he shall save me harmless, and if he do present me with some present or gift, might I not receive it with honesty? Pasquil. Lo, whence comest thou with that? Hath not Doctor Luther given the a sufficient reason thereof? If any man give the aught, why should it not be lawful for the to receive the same shameless and blameless? But what callest thou a gift or a present? I: donari ff. de Donationib. A. xx. in Sua Summa. eo. t. etc. A gift or a present is that which is given freely without compulsion proceeding of a thankful heart, or of some other good inclination and favourable disposition. Not that any man must give the somewhat if he will have thy money, and that thou hast no money to help thy neighbour withal, whiles thou feel him with some present or gift, nor yet this, when I say, if thou wilt give me a couple of crowns, or if thou wilt give my wife or my children this or that, to drink, I will see what I can do. Nullo mon cogent● ut dicit●l donari ff de Reg. jur. But it must proceed of a free will without any manner compulsion, or else such gift and present whereof thou speakest is no gift, but plain usury, and maketh the a thief, and an usurer. Usurer. Pasquil thou wilt not leave. But what and if I do a man great pleasure and high service with it, & he doth also take it for no less, & would not take twice or thrice so much as he giveth me that he would forbear the money, dec. scienti. de reg. jur. ut in. notwithstanding he cometh & prayeth me how can I be against that thing which he doth with his good will? Pasquil. Thou singest still thine old song. Doctor Luther hath sufficiently told the all these things, what speakest thou of high service, and his good will? If need did not press him, he would desire none of thy hinnes nor yet of thy gese. Neither would he give the so much as the tail of a pear, nor yet beg of the so much as a little piece of bread. For need maketh an old horse to tratte. Whatsoever a man must needs do, can not be done by his good will. Therefore cease to speak of good will hardly. Usurer. It is true indeed Pasquil, many one giveth oftentimes great gifts to another to th'intent he might obtain some money lent of him, which if he had no need of him would not give him one halfpenny for god's sake, in his most misery. Wherefore I may cease to speak of God will for it is a needy will. Pasquil. Yea, verily, as pertaining to him that giveth the gift, it is a need will, and no free will. But as touching him that receiveth the gift, it is usury and robbery. Notwithstanding if any man give me aught of thankfulness, or otherwise: of friendship, whether it were before the lending or after. I would trust to receive it without offence: but I must beware that I have no dissembler nor usurer in my heart. Usurer. I must handle the better yet or I go, Pasquil. What and if I be an occupier, and have not so much money but I could occupy it all myself in mine own science and get some what by it. Notwithstanding a good fellow being in necessity prayeth me to lend him xl or l crowns, whom I would be loath to leave in need, and yet if I should lend him I should hinder mine own occupying. Might I not lawfully & with honesty take here five or two in the hundred for amends? Pasquil. Ah Sir, here must I needs arrest & stand a while. Wherefore I pray the give ear to that which I shall speak. Like as the Cuckoo bewrayeth himself and crieth forth his own name, even so dost thou. For the Cuckoo crieth nothing but Cuckoo, and that is his name. Even so criest thou all into my bag, never full, never full, and that is thy name. Thou wilt be very merciful and just, and wouldst be loath to leave thy neighbour in necessity, & specially thy friend and fellow, which is a good way to begin: But that fearful cry which followeth, sounding on this wise, it hindereth me, I must die for hunger if the bag be not soon full, is the devil, and suffereth the not to perform thy good enterprise. I have sufficiently declared unto the out of the holy scripture, above where this question is also, in a manner, that thou art bound to do unto thy neighbour as thou wouldst be done to, in lending in helping and in counselling. And thou grantest thyself, that it is no reason, that thou shouldest leave thy friend or neighbour in danger. Therefore if thou have it, supra clare. and dost it not, than art thou an unmerciful Turk, and dost against God, against christian charity, (Impossible) Dec. Nemo potest de Reg. Jur. invi l. impossible. ff. cod tit. and against thine own conscience. But if thou have it not, and art not able to do it, then doth neither God nor yet the world compel the to it, For to things impossible is no man bound. Peradventure thou wilt say, I have it well, and could also do it (thanked be God) but not without my hindrance, for I have need of it myself. Alas good Neverful, canst thou do it, and canst also not do it? If so much loss ensue thereof unto thee, because that peradventure thine occupy is but slender, and may not bear the lack of so much money without the hurt of thine occupy and living, why sayest thou then that thou canst not do it? For thou oughtest to say I would be gladly do it, but I am needy myself, I must keep my wife and children, and provide for them food and other necessaries as the Lord hath commanded me, wherefore I can not do it. If it be so that one must needs suffer penury, In this casis. ●l●asnon sint discrimine. i. john. iij. Eccl. xxix et sup. satis. let him suffer it unto whom God hath sent it. Truth it is that one Christian man is bound to help another both with his body and goods, how be it the necessity is not here so great. Besides this, thou hast perchance brought thyself into the briars, so that it is thine own doing. Thou mightest have occupied a while by the hundred well enough until the thousand had been grown. But thou wouldst have five corners of the sack, where thou mightest fulwell have been content with four, as other do is once. Wherefore if thy Creditor have trusted the with much and that thorough covetousness, and besides that peradventure hath delivered the naughty old, rotten, and deceivable wares, & peradventure also to dear, let him care how he may be paid of the. And let him take this for his punishment, that thou art not able now to pay him. If any man have hindered the with his naughty and enhanced wares, let him take part with thee, and receive according to his deserving. If some usurer have sucte the up, then hath he already all that thou wast able to do, wherefore he may take his amends in his own hands. Thou wilt say I am be giled enhanced, or eaten up with usury, and yet must I bear the burden, for he willbe paid, and putteth me to trouble & loss. Hast thou not heard what I have told thee? If so be (I say) that thou hast brought the self into the briars through thine own covetousness, or by negligence, slothfulness, rioting or playing, then art thou served well enough, according to thy deserving. Why didst thou not occupy after thine ability? If thou seest that it is to dear for thee, & that the usury putteth the to hindrance, why dost thou not order thyself thereafter? Thou wilt say, I would fain get somewhat as well as other, & would feign also go with other men. Alas good fellow, run thou with them as far as thou canst. But I would rather go fair & softly, thinking that of sufferance cometh ease. What profit is it for thee, to get a quarter of meal which perchance will yield the xxx or xl fair household loves when scant one of them is thine own? And the rest belonging to thy creditors or lender's, to thy destroyers and robbers the usurers? Should I now abate my living for thy sake? Truly I can not do it. But if so be, that thou hast had any mischance without thy deserving, show it unto the magistrates whensoever thou art sued, and let those rich Cobs have patience with thee, it can less hurt them then the. Lo thus might a man know that thou canst not do it, and needest not to say that thou canst do it well enough, but not with out thine hindrance. Wherefore I say, if thou canst not do it why sayest thou then that thou canst do it? And again, if thou canst do it, why sayest thou then that thou canst not do it? If thine occupy be so great that thine gains continued nevertheless after a reasonable fashion, although thou shouldest keep back from it twenty or xxx pounds, why art thou then such an hells mouth and never full, that thou wilt not help thy friend or neighbour with all. How knowest thou whether they would have turned the to good luck or to loss though thou hadst bestowed them? How can tell whether God will not prosper the so much the better with the rest? For he will leave no good deed unrewarded. Some peradventure will say, I have helped, counseled and given many a good fellow, & I am never the richer for it. Prou. xxi But how knowest thou what thou shouldest be if thou hadst not done it? According as it is written▪ whosoever stoppeth his ear at the crying of the poor he shall cry himself and not be heard. Thou mightest as soon have fallen in poverty, as continued in thine estate. Wilt thou make God a liar? Hath not he said that he will not leave a draft of cold water unrewarded? Believe surely that if thou lend thy neighbour the odd of twenty pounds or whatsoever it be that thou mayest forbear with out loss and hindrance of thy necessary living, quimisere tur pauperi feneratur dnon. God will not leave it unrewarded, and thou shalt prosper so much the better with the rest, yea thou shalt get more at the lords hand by lending upon usury unto him after this sort, then by bestowing four times as much more in any kind of merchandise. Prou. nineteen For it is written, he that hath pity upon the poor, dareth upon usury unto the lord: And look what he layeth out it shallbe paid him again. What knowest thou whence prosperity cometh or adversity? Or wherefore the one cometh and not the other? Therefore I say, why sayest thou that thou canst do it and yet canst not do it? If thou canst not do it, as hath been said, why dost thou say it then? if thou canst do it, as now hath been said, why dost thou then deny it? Usurer. In deed Pasquil, it is true, as thou sayest. No man knoweth wherefore he hath prosperity or adversity. If a man be not able to lend, than he can not do it: But if he may do it without any special loss or hindrance, I believe that he doth to himself more hurt then good. For as thou hast said, God will not leave any good deed unrewarded, nor any wicked deed unpunished, neither doth any man know, whence prosperity or adversity happeneth unto him in his occupy. Although I think in my mind that I may gain, and also do gain a great deal with the overplus of my money, yet do not I know what luck or prosperity I might have had, if I had lent it to yonder needy person. And where as some will say, I had rather a little bird in my hand than a great many flying in the woods: This is an heathenysshe saying, for there God is not trusted, but made a liar, wherefore a christian man ought to be ashamed of such communications. Yea and I think it meet also and good reason, to take heed unto whom we lend and trust, what need he hath, whence it proceedeth, and that a young beginner occupy wisely and circumspectly, until he be better at ease: And that he do rather seek to get a piece of bread for himself, than a great deal for another, that kenneth him no thank for it, and suffereth him to take great care sorrow and pains for it. But yet I must ask one thing more. If I were a great occupier, or else some rich man, having much rusty money dying by me: And a good fellow came to me, and said I pray the lend me xl marks, or a certain sum of money, I may have a bargain, whereby I may get thus much or so much. Or I put case, that he may get thrice as much by it, as giveth me, thinkest thou that I might not also lawfully take a reasonable reward? Pasquil. He must I ask the another question, it is not unknown to all occupiers, how unstable and uncertain the trades of buying and selling are for the most part in so much that a man may so soon miss as hit, and may as soon lose by a bar game as get by it. Yea there may soon happen a mischance or some other casualty upon it, that a man may as soon get the scratching behind his ear, as the ringing in his purse. Wherefore I say, if thou hadst lent a man some money in such wise as thou hast demanded, and he should get some mischance, that his wares did perish, or that his money were stolen, & that he were rob, or that the price of that wares did fall, or were endamaged some other way suffering loss either in the head sum, or else in his gains▪ wouldst thou then bear any loss with him? wouldst thou be content then to abate some thing of thy head money, or else of thy lucre? Usurer. No marry I, who would counsel me that? He came to me, and prayed me, & besides this he himself offered me such gains without any asking, so that I have lent him my money at his own request and desire, without any compulsion or constraining: Wherefore then should I suffer any abatement of my money, seeing I might have kept it when I had it? Pasquil. Lo there art thou caught in thine own snare, as trick as can be possible. If the money be lent which thou hast delivered to a good fellow, whence cometh then the odd money, or gains? I am sure thou hast heard above sufficiently what lending is, and Doctor Luther hath told it the yet more clearer, where he sayeth: Lending is this, when I deliver my money, goods or stuff to any man, to occupy it as long as he hath need of it, or as long as I can and will forbear it, that he may render the same to me again in due season, as good as I lent it him, even as one neighbour dareth to another, dishes pots, pans, beddinges, clothes, and in like manner money, or money worth. Hec ille. Now if it be lent, or called lending, whence cometh then this usury? For whatsoever is taken more is called usury in all the laws. If so be that thou takest any thing for it, then is it not called lending, but letting, therefore can it be no lending. Also thou dost it not for to secure or to profit him by thy lending, but thou dost it for thine own commodity, for thine own lucre's sake, for else thou wouldst let him go by well enough. Now if it be no lending, as in deed it can not be, forsomuch as lending is a Christian deed of charity, but this is a dead of avarice, what should it be then? Should it be called occupy? or bargaining? yea forsooth. What hast thou then laid in with him, thou thy money and he his labour upon this condition, that the gains or loss coming of the same shallbe equally divided between you, or is there any certain gains and loss named & agreed between you? No. We be agreed upon a certain gains, and that I shall have my head money again whole and sound, & not upon any loss. Whether he do win or lose, I will have my gains undminyshed, and also my head money again whole and sound. Sayest thou so? than art thou in the right way, Ironice. and here doth it appear what thou art. This is even the fashion of all stool robbers. For thou sittest at home behind the oven turning the apples and pears for burning, and thy money is assured or pledged (for an usurer is very seldom so negligent that he will open his hand, except he know where to be sure of his money again) So that it is as good as though it lay still at home in thy cubborde. In so much that neither thou, nor thy money sustaineth any loss, fear, labour nor pains. Where as yonder poor soul must bear suffer and take, running, and catching, care, pains, fear, loss and sorrow. Yea he must take more care and thought, for thy lucre's sake, & enhance his wares and deceive the people more for thy sake, then for his own sake. If he might have his own gains, whereby he might have a competent living, he might be at rest, but now must he first take thought for thy living. And although he should lose all his own gains, yet must he take thought nevertheless for thine, for thou wilt in no wise lack it. Although he have had loss in his occupy, yet comest thou & wilt have thy full gains and head money. If he have it not, thou puttest him to trouble & hindrance. But if he win and get by his occupy, then hath he won and gotten it for thee, and thou spoilest and robbest him of his labour, care, fear, sorrow and sweat, & yet wilt have this called lending, and wilt take it with a good conscience. Should this be called a fellowship, or bargaining? yea it is a ravening and thievish fellowship, Cassi. in l. sinon fuerit. ff. pro Socio. as the laws do call it. Therefore can this thy lending (if I may so call it) be no more called a fellowship or bargaining, that it may be called lending. What is it then? Marry usury & robbery is it, as thou hast now sufficiently heard and as all men perpend and perceive right well. For thou stealest and robbest him of his painful sweat and labour, as it hath been said. Usurer. Thou wilt have all things so plainly and exactly discussed, that nothing shall escape the. But how thinkest thou by this if I should lend my money to a man and suffer him to have the occupy of it upon this condition, that if he got aught I would take part with him. If not, I would take my head money again, and be content. Pasquil. Instit. de Soci et. § nam et ita Such Contracts are not reproved in the temporal laws, but are left as indifferent. How be it, when the gains should be parted, than all the costs and charges ought to be deducted from them, and then ought the residue of the gains to be divined, & this might be borne, for he may bring that thing to pass with thy money, which otherwise he could not have done. But what, and if he do not only win nothing, but also suffereth loss? Usurer. Whether he win or lose, I have nought to do withal. If he win, I will have half part, or a certain sum appointed between us. If he win nothing, or else be a loser, I will have my head money harmless, and without any loss. Pasquil. This is a good neighbourly touch. Thou wilt look for gains, but thou wilt bear no loss. Is thy money better and more precious, than his body and life? Was the money made for man's sake, or man for moneys sake? If it be a fellowship, there must an equal proportion be kept, and not the one to stand to the gains only, and the other to the loss alone. Yea thou with thy money oughtest rather to the loss than he with his body. For thou mayest get other money, but he can not get another body, nor yet his health so easily, if he chance to be beaten, or otherwise to be diseased for taking of thought or fear or such like. And albeit that the laws in this case do grant, that he shall keep touch with the according to his promise, yet do not they speak it because they praise or allow such fellowship (for they call it plain robbery, and a thievish felloshyppe as hath been declared above) but because he hath made a promise, which he ought to keep. And because no man should lightly presume to break his promise. If a man may sell all his goods, Vid. Institutistas' d. §. nam & ita. Inst. de So▪ etc. rights titels and interests of the same, according as the case requireth, why should it not be lawful for him also to make such a contract as this is? Wherefore if he do make it, why should he not keep it? But this clause would do very well by it, that he did it with his own good will. For I fear lest he have done it against his will, and have been compelled to do it for the obtaining of thy money. So that it be therefore turned again into violence, and robbery. If he have done it with his good will, it is reason that he keep it, and if he have been constrained to do it, not through any compulsion, but for his lucre's and profits sake, then must he needs stand to it and keep it. But take thou heed how thy conscience is in quiet. Thou biest of him with thy money his sweat and labour. If thou wilt perpend the matter accordingly, thou shalt find whether thou couldst be content thyself to be so dealt withal, or not. Both the spiritual law and also the temporal law concludeth by the law of nature, that he which will have profit and commodity, must also bear part of heaviness. Wherefore if thou wilt have gains, then must thou also abide the danger of it, or else it is but more usury and robbery. But this were honest, if thou wouldst lend a manthy money, or put it into his hands, and say, my friend, occupy this with all diligence possible, doing thine endeavour to the uttermost of thy power, if thou get aught with it, then will I have thus much of the gains according to the proportion of the sum. If thou get nothing, then will I get nothing. But if thou be a loser by it, and the fault be in thee, bear it alone. But if the fault be not in thee, & that some misrfotune or other casualty hap unto it, than will I bear part again of the loss. For if thou wilt bear no loss nor stand in any danger at all, what is it else but usury whatsoever thou takest more than thou hast lent? What is such a contract elles but a putting forth of thy money for a certain advantage, as other usurers do? yea & although thou add unto it, if he get nought, I get nought also, yet dost thou hope for usury & that is usury, although it be somewhat more honest & cleanlier. Usurer. What and if I should take so much the less gains to th'intent that he should bear the loss alone, if any misfortune should chance? Pasquil. Of this haste thou heard above. Whatsoever thou takest, if thou stand in no danger, but sittest at home in thy chyer, or if thy money be assured unto that then is thy money lent upon usury. For all be it that a man's labour and pains may be recompensed with money, yet are not all things clear, although it be done here after a sort, for thou hast a dissembler in thy bosom, called Avarice, which resisteth the strongly. If thou do pay him for his pains, sorrow and care, indeed than I let it pass. But if thou do it not, thou art an usurer. But how canst thou buy of a man his fortune, and pay him for his chances or mischances which neither thou nor he knoweth as yet? He may promise it the and if he do, he must perform it, but consider thou the case and judge in thy conscience whether thou wouldst think it good reason, if the like should chance unto the. He must needs keep touch because of his promise by the virtue of the contract, But knowest thou not that a straight law is oftentimes turned into a large wrong? And that to sharp causeth often many gaps? As Doctor Luther's words do sound. Therefore I say, it is very strange and also very dangerous for thy conscience to occupy after that sort. How be it thou mightest make such a contract and also keep it until thou sawest some misfortune, but thou mayest be no dissembler as hath been often said. If thou wilt be an usurer, thou mayest here bring it to pass well enough without correction of the higher powers. But God is a righteous judge. Usurer. Truly Pasquil, thou hast laid such a foundation, that whosoever than buildest thereon must stand. Thou hast given me instruction out of the laws, what usury is, (Desired.) quiae spes & expectatio lucri facit Vsurarium. de si faeneraveris 14. q. 3. ex de Vsuris c. Constituit namely, whatsoever is desired or taken above the head sum, making no manner exception, them where there is adventure or labour concurring. Whatsoever I do object, there is no case so strange, but it may be judged thereafter. For thou hast laid by it a good pair of balances, namely the conscience. He that willbe an usurer, may do it, neither is it possible for the magistrates so narrowly to look upon it, that all practices and subtleties should be left. But he that willbe good, and no usurer, may by this our communication, take a sufficient instruction. Pasquil. In deed it is clear & plain enough for him that will see, mark, and receive, and will amend his life. Usurer. Verily it is a piteous case to see that this enormity is so general. But I pray the tell me one thing, I have sufficiently perceived by the scriptures of God and also by the constitutions of man's laws, that it is forbidden, but is there any pain or penalty prescribed. Pasquil. Askest thou yet whether there be any penalty prescribed or not? thinkest thou that although there were no pain at all named, that thou nededest not to fear enough, considering that thou hast heard so evidently and knowest so surely, that it is both against God and against the higher powers? Thou art not ignorant I am sure, what he deserveth the wittingly doth against the commandments and manifest will of God. Thou knowest it I say, if thou wouldst believe it. But behold I will name the said punishments and pains unto the. The emperors Majesty hath concluded and commanded by th'advise and will of the whole Empire in the parliament holden at Augsburg in the year of our lord. MD.xxx That no manner contract participating or having any fellowship with usury should be admitted & also that all the same should be taken as void and of none effect. And that if any man did make or use any such contract should forfeit to his magistrate the fourth part of his head sum with out redemption, and should also be punished. Lo this is but a money pain But how, and if I prove unto the that an usurer is a robber? For whatsoever is taken from any man undeserved against his will, the same is robbery. But the usurers take a man's goods or money from him by compulsion against his will, therefore are they robbers. That they do compel a man to give them his money and take it by violence is manifest, for the poor man is loath to do it, and yet he can not choose, but must do it for the usurers do compel him to it, and not his need. His need compelleth him to borrow. Now he might borrow well enough (as pertaining to his will) without paying any usury, yea and he would also do it fulfayne. But than cometh the usurer and compelleth him to the giving of usury, and violently taketh his goods from him. Need constraineth him to borrow, and this is no less to him, but usury putteth him to loss. For if he will borrow he doth it of necessity, but the usurer compelleth him to give money for it, jesus Sprach calleth such fellows murderers, and not worthy to keep company with christian men not by plain and manifest violence, but by subtle means and necessities. Therefore is an usurer a robber, as thou hast heard above, and is also worthy to have a robbers punishment. Item an usurer is a thief, wherefore he hath deserved hanging. That he is a thief is manifest by the deed, as hereafter appeareth plainly in the usurers confession. Wherefore he is worthy also to have the punishment of a thief. Therefore if he be like unto them both, as he is in deed, than is he also accursed and not worthy to eat or to drink with any honest man: And these are the punishments of the temporal laws. De Vsuris in ut etc. The ecclesiastical laws sayeth that an usurer ought not be buried with & as other Christian men, until he have made restitution of all things gotten by the way of usury. And that although he should command his executors in his dead bed to do the same, yet ought he to remain unburied, or not to be buried by & as other Christian men, until it were done in deed or else sufficient assurance were made concerning the same. The same law showed also how, when and how far the same restitution must be made, namely as far as all his goods extend. But I fear that this will not so suddenly come to pass. Also a man's own conscience doth sufficiently instruct him, and it is sufficient that the usurer knoweth, that he is not worthy buried by other Christian men, before he have made restitution of all, wherefore I think it not necessary here to be spoken at this time. Furthermore the ecclesiastical laws will that no usurer should be absolved nor admitted to bear witness in any matter, nor make any testament or last will, nor suffered to have any fellowship with other Christians, C. quia in omnib. ex de Vsuris C. Preterea ex de Vsuris. Glos. in the. si quis. in the use of the sacraments or otherwise. But should be excommunicated & accursed out of all Christian fellowships, and here is he made a thief and a robber. Lo, is not this also shame enough? Is not this punishment, of the ecclesiastical laws sufficient? But what is the punishment of God? Even hell sire, and everlasting damnation. For it is evident enough that whosoever doth wittingly against his son jesus Christ, and against his holy word, and besides that against the higher powers, becometh no archangel, but perpetual kinsman of the devil in hell fire, as it is taught in divers places of holy scripture. Now is it certain and sure, that an usurer doth wittingly against all these, as hath been sufficiently declared above both out of holy scripture and also out of the laws both temporal & also ecclesiastical, wherefore there is no doubt, but he goeth after this life straight way to the devil. What sayeth the lord by the mouth of the Prophet ezechiel? Ezec. 18 If any man lend upon usury and take more over, Ezec. xxij shall he live? He that will not be moved by this text, only upon him is all labour lost for the devil hath surely taken him bodily & blinded him with covetousness. He shall not live, but shall die, and his blood shall be upon him, saith the lord. And again, thou hast taken usury and increase, thou hast oppressed thy neighbours by extortion, and forgotten me saith the lord God. Behold I have smitten my hands upon thy covetousness that thou hast used. Is thy heart able to endure it, or may thy hands defend themselves in the time that I shall bring upon thee? Even I the lord that spoke it will bring it also to pass. I will scatter the among heathen & strow the about in the lands and will cause thy filthiness to cease out of thee: yea and I will have the possession in the sight of the Heathen, that thou mayest know that I am the lord. Lo if God be so wroth with his own chosen people for usuries and covetousness sake threatening them with so cruel punishment what shall happen unto the being a stranger? By this mayest thou perceive easily what punishment God hath ordained for usurers, namely, hell fire, and everlasting pain, as thou hast heard plainly. Usurer. Of a truth Pasquil, thou makest me to sweat. For after this manner should be nothing worse, nor more pernicious more execrable, detestable and sinful than an usurer. In deed it is clear and manifest that usury is against the law of nature, the law of God written, and against the laws both temporal and ecclesiastical. Thou hast also partly rehearsed unto me the punishments belonging to the same. insomuch that a man might be afraid of an usurer, neither were it any marvel though mendid spit at him in the streets. If the laws take an usurer for a murderer a robber, a thief, a villain, and a damnable person, as it is manifest by the scripture & also by the laws. A man might rather have to do with a Turk, and a paynim then with a great usurer. But thou saidst even now, that they ought not to be buried among other christians, where should they become then? Pasquil. Knowest thou not this proverb, Similis similem sibi querit. Like will to like said the devil to the Coiller, for they were both black. The lord calleth them in Ezechiel extortioners, wherefore it is not against their dignity to be buried among thieves & robbers. For seeing they are not worthy to lie among other Christians, they must needs be laid in some place agreeing to their qualities. Usurer. Pasquil it were no marvel though one did despair. I have gotten many a fair penny by usury, yet would I never have thought, that it had been so great a sin, and such an heathenyshe, ungodly execrable and damnable thing. I have served many one under the pretence of friendship, that he hath afterwards felt it full well doubtless, and have under the pretence of a gift sucked many a man's sweat. When I lent a man my money I lent it him but from one fair to another, and when I took him the money, I deducted the increase before hand, and made him to seal me an obligation for the hole sum, as though I had lent him so much and he was bound to render me no less, so that no man found any usury nor increase in my writings. For I had received it afore hand. And this did I from one fair to another. For if I should have lent it him for the space of an hole year, an should have required so much at one time, it should have had some apearaunce of usury. Wherefore I take it thrice, or four times a year, & always as much in a manner as men were wont to take for an whole year. Now if I came into the fair and required my money, my debtor was bound to pay it me: if then he had so much need of it that I might perceive it, than was he fain to grease my hand, yea many one hath been compelled to give it me again, that I kept it but one day, lest he should have been suspected, and then I lent it him again as I did before. Sometime I did set him a day after the fair, not past a fourtenight or three or four weeks at the most, and where as he was bound afore to pay me nobles, he was bound at that day to pay me angellottes. And then I lent him my money again, as before. So that I have oftentimes made thirty of the hundred or rather more. Yea often have I lent in such wise that my debtor was not excused with forty crowns in a year, & yet could I make it a pretence and appearance of friendship, amity & love, as such my practices of bad & good money are almost known to all the world, and also partly set in print, if amam would look over all the books that of late have been written against usury, as the two books of Doctor Martin Luther, the one of merchandise and usury, and the other to the Curates and Pastors, of usury, the book of doctor Hepium upon the xu Psalm, the book of doctor james schenken of the covetousness of judas, the book of john Spangenbergh of almose and others, and also this our communication. So that it were no marvel, though an usurer should despair, & hang himself by the neck, or that an other man should spit all usurers in their faces. Which in deed Pasquil grieveth my very sore, not knowing how to behave myself. I am afraid truly that I shall never come to God. So much do I feel already. Pasquil. Ah good fellow what speakest thou of thy grief? Ezech. XViij. if thou wilt be good, if thou wilt be saved return. saith not the lord, turn and ye shall live? If thy grief be so great, then return, render again that thou hast stolen, and be a good man, & God willbe merciful unto ye. Usurer. Alas Pasquil I would cease with a good will, but the rendering again is to hard. Pasquil. Aha, I thought as much, that it was but a feigned repentance thou art afraid, & because of that fear dost thou repent. But thou keepest fast the goods of usury, & lettest the fear pass, yea the goods are in thy way, so that thou canst not passover them. Well then get the hence to the devil in the name of all devils. And there an end. I can no longer talk with thee, For all is but labour lost. Yet will I in time convenient ones more give to the usurers a bondel of rods, if God lend me wit and discretion. Thou knowest that I have had this my communication with the unadvisedly, in haste, which not withstanding I will also set furth to th'intent that thou and thy friends may have something to pass the time withal. And it shallbe given to the and all usurers for a breakfast, until by the grace of God, it shall be amended in time convenient. Conclusion. THat I have in some places set certain allegations or annotations in the margin, was done for this purpose, that the usurers should understand that it is grounded upon the holy scripture and in the laws, whatsoever herein is entreated and spoken of Pasquillus. And likewise that they do wittingly against God the father and his only son jesus Christ, and his holy evident and clear word, and also against the temporal and ecclesiastical magistrates, wherefore they have at God's hand worthily deserved the punishment of hell fire, and at the hands of the temporal magistrates the punishment of losing both honour body and goods with other corrections. And this be given unto the great money usurers, hell mouths, hellhounds and beare-wolues for a fayringe. Nevertheless if there were any man whose conscience were touched by his writing or by the holy ghost, which seldom happeneth to a right usurer, let him learn to ask counsel and to seek comfort, where he ought to seek it, namely of God's word and the ministers of the same. For if there be an earnest repentance, he shall find both counsel and comfort doubtless. But if it be a coloured repentance, which lasteth until he is out of the Church, or meeteth with some that have need of money, then shall he also find it where as other ungodly people do find it. For although he deceive Gods minister, and so other men under the colour of holiness, yet shall he never be able to deceive God, who judgeth the heart, and seeth in secret as the scripture saith. Neither will he be made a liar for him, but will suffer him to die everlastingly, and his blood to be upon him, as he saith by the prophet Ezechiel. Finis. Imprinted at London by Steven Mierdman. 1550.