theological AND SCHOLASTICAL POSITIONS CONCERning Usury. Set forth by Definitions and Partitions; framed according to the Rules of a natural Method. AT OXFORD, Printed by JOSEPH BARNES, and are to be sold in Fleetstreet at the sign of the Turks head by JOHN BARNES. An. Do. 1602. TO THE RIGHT Worshipful, & most religious Gentlemen, RALPH HOCKENHULL, & HUGH HURLESTON, Esquires, all Grace & Peace external, internal, eternal. TO write against Usury (Right worshipful) is no novelty; & to give the Usurer notice of the dangers wherein he walloweth, is a thing necessarily performed in all Ages; begun by our Fathers, who gave the first onset, seconded by Us, who continue the skirmish, and to be practised of our Posterities, who doubtless will willingly follow their Fathers, wherein we have so happily followed ours. The Sin is heinous, and the danger desperate; yea so much the more dangerous, when it is covert & shrouded; as a consuming fever, that cannot be espied before it grow incurable. I know there be many, otherwise good Christians, that entertain this ugly monster, who would not do it to gain all the world, if they knew their trade were damned-usury. Give me leave therefore (Right worshipful) to decipher the deceiptfullnes of this Sin, by pointing at some usurarious practices, which are utterly unlawful though commonly they be not so accounted. I will touch but some few of the principal, lest I should tread an endless maze, & enter a labyrinth out of which Theseus himself were not able to reduce me. FIRST then, this covert & shrouded usury is committed in buying and Selling. 1 I buy barley afore hand for 4r. a comb which at the time of the delivery (I know) will be worth 6r. or a noble. This is cloaked Usury. Because that for payment before hand, I buy a great deal the cheaper. 2 I sell my wares: I give a day of payment, and for that I am to forbear my money so long, I sell above mine ordinary price, or above a reasonable gain. Herein (no question) I commit usury. Because I sell the time, and make a gain of lending. 3 A man comes to me to borrow money: I answer, I will lend him no money for usury. But if he will buy a horse of me for 10li. (which is scarce worth 20.) I will lend him so much money for such a time. This is usury. Because the money which surmounteth the price of the Horse, is a full recompense for the loan. SECONDLY, It is committed under pretence of Letting. 1 One comes to me to borrow an 100 li for 7. years. I answer, He shall have it; if he will hire a house of me for 10li. yearly, (which is scarce worth 10.) and take a lease of the same during the said term of 7. years. This is plain Usury. Because the rent of the house payeth for the loan of the money. THIRDLY, It is committed in Lending. 1 I come to a man to borrow money. He will lend me so much as I ask, but in light gold, in cracked angels, or such like. Yet he will have payment in good currant money. This is Usury. Because he maketh a manifest gain of Lending 2 If in consideration of a piece of money sent I take a piece of ground, a house, or cattle, or any fructifieng thing, until the money be paid again. This is Usury. Unless that the fruit I reaped from the pledge be diducted from the principal. 3 If for such a consideration, I take for pleadg apparel, plate. etc. and use the same until payment be made. This is Usury. Because I reap commodity by the use of the pledge for the Loane only. 4 I deliver 20 li upon condition to have 22 li at the years end, if I be then living, but if I die to have but 18 li restored again. This is plain Usury. 1 Because the gain is certain, in respect of the Lender, and that for the Loan only. 2 Because there is no respect had whether the borrowers gain be lawful or not, yea whether he gain any thing at all or no. 3 Because the Lender doth not adventure the Principal. 4 Because he doth not rely upon GOD'S providence for disposing, and ordering of his Goods: but is sure of Gain (if he lives,) howsoever it goeth with the Borrower. 5 I deliver 20li. upon condition to have 22 li at the years end, if either myself, or one other whom I shall name, be then living, but if we be both dead at the same time, than no part of payment at all to be made, neither of gain nor of principal. This is Usury: for the reason's house, or cattle, or any fructifieng thing, until the money be paid again. This is Usury. Unless that the fruit I reaped from the pledge be diducted from the principal. 3 If for such a consideration, I take for pleadg apparel, plate. etc. and use the same until payment be made. This is Usury. Because I reap commodity by the use of the pledge for the Loane only. 4 I deliver 20 li upon condition to have 22 li at the years end, if I be then living, but if I die to have but 18 li restored again. This is plain Usury. 1 Because the gain is certain, in respect of the Lender, and that for the Loan only. 2 Because there is no respect had whether the borrowers gain be lawful or not, yea whether he gain any thing at all or no. 3 Because the Lender doth not adventure the Principal. 4 Because he doth not rely upon GOD'S providence for disposing, and ordering of his Goods: but is sure of Gain (if he lives,) howsoever it goeth with the Borrower. 5 I deliver 20li. upon condition to have 22 li at the years end, if either myself, or one other whom I shall name, be then living, but if we be both dead at the same time, than no part of payment at all to be made, neither of gain nor of principal. This is Usury: for the reasons before alleged. OBJECTION. I adventure to lose not only the profit of my money for a whole year, but also to lose the principal itself. ANSWER. No, no: Here is no adventure at all. 1 For if the Usurer lives his gain is certain howsoever the Borrower shall do 2 The adventure must not only be in respect of the Lender, but all so and that principally in respect of the Borrower, who useth the money. FOURTHLY It is committed in laying to pawn. 1 I lend 20 li for ayeare, and for assurance of mine own, I take a pawn worth 30. or 40 li with a bill of sale, that in desalte of payment at the day appointed the pawn shall be my own. This is Usury: If either I hope the pawn shall be forfeited; or it I take the advantage of the forfeiture, if it so fall out. I am to bold to trouble your Worships with recital of particular Practices: yet, because I know it is the custom of many men rather to scan over Epistles & prefaces, them diligently to peruse whole books; I thought good to reserve even this place, for these few cases that all Memmay see them briefly censured, & proved to be within compass of manifest Usury. Many learned Divines have written concerning this point. I have read all that ever I could come by, Fathers, canonists, and modern Writers: & made choice of what I judged best out of them all, which I have couched together concisely, and methodically: so as the Reader may compendiously as it were with one project, take a view of the whole, what hath been written concerning VSURIE. This Labour (how great or how small soever) I humbly present unto your Worships jointly, and severally, as a token of the dutiefull regard, and loving affection I bear unto you: being not otherwise any way able to declare my thankfulness, for the great and manifold favours & benefits which from time to time I haven received from you heartily beseeching your Worships, so to accept this small gift, as it is consecrated and dedicated unto you; that is, with a willing, cheerful, & Christian mind. The LORD JESUS bless and preserve your WORSHIPS and perfect the good work he hath begun in you, that you may appear blameless in the day of the LORD. OXON. From St. Marry Hall; this 1. of April, An. Do. 1602. Your worships most humbly to command. GABRIEL POWEL. The Contents of this Treatise. Chap. 1. Of the Kinds & differences of Usury. Pag n. Chap. 2: Of the Definition of Usury. 9 Chap. 3: Of the Difference between Usury and Interest. 12: Chap. 4: Whether it be lawful to lend for Usury? 16: Chap. 5: That Usury is unlawful & damnable. 27: Chap. 6: How great a Sin Usury i●? 38 Chap. 7: Objections for Usury answered: 42: Chap. 8: Whether it be in a Mans own free choice to Lend or no? 55: Chap. 9: Whether it be lawful to borrow upon Usury? 58. Chap. 10: What Usurers should do with their gain? 67 CHAP. 1. Of the kinds and Differences of Usury. THis word VSURIE, is taken in diverse senses & significations: Properly, and Improperly. 2 Properly, it signifieth the use of a thing, as is manifest by the Etymology of the word; for Usury is derived from using; Vsura, quasi usus rei. 3 The name of VSURIE is not evil, but the abusing of it, in applying it to evil trades and actions. 4 Improperly (Metonymicè, Causa pro Effecto) when we take it for the increase that ariseth of it. 5 In this sense Usury is two fold Profitable and Unprofitable. 6 Profitable Usury, is a gain or increase that ariseth from the labour and exercise of our lawful callings. 7 Profitable usury is two fold, Natural and spiritual, or Terrene and Celestial. 8 Naturallor Terrene Usury, is that gain which cometh and increaseth by tillage of the earth. 9 This usury is lawful, because it is the ordinance of God himself; the ancientest trade, first practised in the beginning of the world. Genes. 3.23. Genes. 4.2. Spirituallor Celestial usury is that gain and glory wherewith God rewardeth the graces and good works of his own children. 11 And this is either, Privative, or Positive, 12 Privative Spiritual usury is when we forsake or refuse temporary commodities to gain eternal. 13 Of this Christ speaketh when he saith Math 19 29. Whosoever shall forsake houses, or brethren, or sisters, or Father, or Mother, or wife, or children, or lands for my name's sake, he shall receive an hundred fold more, and shall inherit everlasting life. 14 Positive spiritual usury is when we do any deed or act for God's glory, and the good of men, which shall be crowned in heaven. 15 This positive spiritual usury is two fold, Giving of Alms, and Employing of Geds' gifts. 16 Giving of Alms is munificence and liberality towards the poor and needy. 17 This is commended in the Scriptures. Prov. 19.17. He dareth to usury to the Lord that is merciful to the poor. He is as it were the Lords usurer; and shall be well rewarded. 18 And commanded by God himself. Deuter. 15.10. Thou shalt give him, and let it not grieve thine heart to give unto him. Math. 5.42. Give to him that asketh. 19 Imploring of God's gifts is the faithful disposing of those graces that we have received from God, to the advancing of his glory and the benefit of Men. Of this Christ speaketh, Matth. 25.27. Thou oughtest to have put forth my money to the exchangers, and then at my coming should I have received my own 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with usury. See Luk. 19.23. Thus much of Profitable Usury. If followeth to speak of that which is Unprofitable. 21 Unprofitable usury, is a Gain or increase unlawfully exacted or hoped, for the very duty of lending. 22 It is termed unprofitable, because in the end it turneth into a curse, and to bitterness to the Receiver or Usurer. 23 Unprofitable usury is either Ecclesiastical or Political and Civil. 24 Ecclesiastical usury is an increase unlawfully exacted for nothing, under colour of prescription or duty. 25 Civil or Political usury is when gain and increase is raised from the use of worldly goods, which are things belonging to the civil and politic estates of Men. 26 Political usury is twofold, Actual and Mental. 27 Actual usury is committed, when one doth any act for gain or increase. And this is twofold, Liberal, and by Compact or Covenant. 29 Liberal usury is when he that borroweth desireth to make some recompense. 30 That which is received above the principal is usury; yet this is not to be condemned in three respects. 31 First Because it is the duty of thankfulness to make amends for a been fit received. 32 Secondly because it proceedeth from the giver's free-will Now what is more free than gift? 33 Thirdly Volenti non fit iniuria: If he will give it unasked and uncompeled, he hath no injury offered in the taking. 34 Usury by compact or covenant is when the lender covenanteth with the Borrower to receive again not only the principal, but also increase and advantage. 35 This usury is two fold Manifest and Covert. 36 Manifest usury is when one doth covenant to take ten (more or less) in the hundred for a year etc. 37 Manifest usury is two fold Lesse-Evill and More-Evill 38 Lesse-Evil. is either of the Rich, or of Orphans and widows. 39 Of the Rich who give money upon usury unto the Rich, to Merchants and Princes; though not unto the Poor. 40 Of Orphans and widows, when their Overseers, or Guardians do put out money for their use. 41. More evil and murdering usury, is when the poor is bound to the rich to pay increase for the lone only. 42 Covert or close usury, is when one dareth money, and shorowdeth it under some other bargain. 43 As if I lend a man a 100li. for a year, upon condition that he buy a horse of me (which peradventure is worth some 30. s.) and pay me for it 10.li. So of Actual usury. Now of Mental. 44 Mental usury, is when one dareth and doth not compact, but expecteth and hopeth for increase or gain. 45 Sole hope maketh an Usurer. If thou dost but expect to receive more than thy own, thou art an usurer, saith Augustine. Aug. in Psalm. 36. Ser. 33. 46 And CHRIST himself saith Luc. 6.35. Lend, looking for nothing again. So much for the kinds and differences of usury. Now we will speak only of Civil Actual usury, which is commonly used amongst us. CHAP. 2. Of the Definition of Usury 1 VSURIE is a gain which by composition, compact, and agreement going before, is raken for the very duty of lending, not adventuring the principal; and that not only in money but in meat, ware, or any thing that is valuable by money. 2 The Efficient cause of Usury is two fold, Principal and less principal. 3 The Principal and chiefest cause of usury is the DEVIL, who stirs us up to oppression. 4 The less principal, or subordinate causes are covetousness, the love of ourselves, and the hatred of our neighbour. 5 The Material Cause, is money, come, cile, or such like. 6 The Formal Cause is the composition, compact, or agreement. 7 The Final Cause is the enriching of ourselves, by impoverishing of others. 8 Usury is a Gain, because it is an increase above the principal, for the use and lending only. 9 Lending is a contract which transferreth the dominion & right of a thing to an other, with promise to have the same thing delivered again, without price or consiceration. 10 Lending is twofold Mutuation and Accommodation. 11 Mutuation is when a man lends any thing & looks but to have his own again in the same kind. 12 As when I lend money, I look not to have the same money again; but other, of that kind, in the same measure and quantity. 13 Accommodation is when a man lends some thing, and looks to have the same again in his own individual property. 14 As if I lend a horse, I look to have the same horse again, and not another. 15 Usury is properly & truly in that lending which is termed Mutuation & in no other contract. 16 Usury is by Compact, composition, and agreement going before. 17 A Compact or Composition is twofold, Silent and Express. 18 A Silent Compact is when consent and Agreement is intended: As, 19 When a man comes to an usu ei, to borrow money, he tells him, that he will allow him after 10. in the 100 although the usurer saith nothing; this is a kind of compact. Or, 20 If one comes to borrow money, and the usurer saith he will take after 10. in the 100 albeit the borrower saith nothing, but takes the money; it is a kind of compact. 21 An express compact is either Bare or Shrouded. 22 Bare compact is when one comes to borrow money, the Usurer asketh him if he will give use for it, the Borrower saith, he will. 23 Shrouded compact is either in Words or in writing. 24 In words when the Borrower passeth his promise for payment of use. 25 In writing when the Usurer takes specialty for the use of his money. CHAP. 3. The difference between Usury & Interest. 1 THe Usurers to gloze with the world are wont to confound the names of interest and usury. 2 But the difference between them is manifest by the desinition of both of them 3 Usury is defined before. Cap. 2. Posit. 1. 4 Interest is a debt which one oweth to another by the law of Nature and equity. 5 INTEREST is due two manner of ways, By reason of Loss suffered; and By reason of Gain hindered. 6 By reason of loss suffered: As when I borrow money for another, and enter by bond for it, and take the like of him that receiveth the money, I may lawfully recover that I lose by that money. 7 By reason of Gain hindered: As if I being a Tradesman lend my money freely to my Neighbour till such a day, having then occasion to use it at some Fair, to lay it out in ware: if he break touch, I may lawfully take so much as I sustained loss, for want of money to lay out. 8 If a man sustain no loss or hurt, or can forbear the money so differred, if then he take any thing for the forbearance, it is Usury and not Interest. 9 For Interest is so called, because one may say inter fuit mea habuisse: It behoved me, it stood me upon to have it, and now by your default sustain loss. 10 The difference between them is great, and easy to be discerned. 11 Usury is an over plus or gain taken more than was lent. 12 Interest is neither gain nor overplus above the principal, but a recompense demanded and due for the loss that is suffered, or the gain that is hindered through lending. 13 Usury groweth due by lending, from the day of borrowing until the appointed time of payment. 14 Interest is never due but from the appointed day of payment forward, for so long as I forbear my goods after the day in which I did covenant to receive them again. 15 In usury I seek to be a gainer. 16 In Interest seek only to be no loser; gain or profit I seek none. 17 Usury is against all equity, conscience and reason. 18 Interest standeth with equity, conscience and good reason. 19 Object. But here it will be objected. Why then doth Solomon condemn Interest as well as Usury, for so he saith, Prov. 28.8. He that increaseth his riches by usury and interest gathereth them for him that will be merciful unto the poor. 20 Ans. Here is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Hebrew brew hath it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beneshech vetarbith: by usury and increase or superabundance. So do all the Interpreters that I saw translate it, saving our English. 21 The Septuagint read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Vsurâ & s●perabundantiâ. 22 Tremelius, Leo juda, Lavaterus, Vatablus, Pagninus and Mercerus have, Vsurâ & foenore. 23 Arias Montanus. Vsurâ & augmento. CHAP. 4: Whether it be lawful to lend for Usury. 1 THat it is not lawful to lend for usury, appeareth as well by Testimonies as a so by Reason. 2 By Testimonies, Of the Law, of Counsels, of Doctors, of Philosophers, of Poets, and of the Constitutions of this Land. 3 The Law is fourfold, The law of Nature, the law of God, the Civil & the Canon law. By the law of Nature to lend upon usury is unlawful, because it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, contrary unto Nature: which thus I prove. Cesare. 4 It is unjust to exact any money where there is no commutation. But an usurer the principal being safe, doth exact usury not for any thing else, but for the duty of lending only. Ergo, It is unlawful and unjust to exact usury. Ferio. 5 A thing that is unfruitful by Nature is not to be transferred as fruitful. But money is a thing that is unfruitful by Nature. Ergo, For the lone of Money nothing is to be exacted; especially the principal being safe. Ferio. 6 The price must not be merchandise or ware. Money is the price. Ergo, etc. 7 The Proposition is proved, because when the price is merchandise, the usuter always gaineth somewhat above the price. So there is some thing added for nothing, in which there is an inequality. 8 The Assumption is apparent from the invention of Money; Money ought to be a rule and measure to apportion every man his own; but no marchandising thing. Baroco. 9 Money was invented for commutation and exchange; not that money should engender or beget money. But in usury there is no commutation Ergo. Usury is unlawful. 10 By the law of God, no man may lend upon usury. 11 Exod. 22.25. If thou lend money to my people, that is, to the poor with thee, thou shalt not be as an usurer unto him: ye shall not oppress him with usury, or impose usury upon him 12 Levit. 25.35 36 If thy brother be impoverished & fallen in decay with thee, thou shalt relieve him, yea the stranger & soiorner that he may live with thee. Thou shalt take no usury of him nor vantage, but thou shalt fear thy God, that thy brother may live with thee. Thou shalt not give him thy money to usury, nor lend him thy victuals for increase. 13 Here we must understand, that it is not only the labourer that by his daily work getteth his living, nor yet the mean husbandman, that is called poor or said to be impoverished in the Scriptures. 14 But also the Rich Farmer, the wealthy Merchant, the landed Gentleman, or others of great calling, who fall into decay, and wax poor, so that they have as great need to borrow, as any poor labourer. 15 So then, the meaning is, If thy brother (whether he be labourer, artisicer, husbandman, Yeoman, merchant, gentleman or noble man) be decayed, & his state begin to fall: 16 Then thou shalt lend unto him freely, to help him, to uphold him, to maintain his lawful estate and calling. 17 Thou shalt not impose usury upon him, that is, when he is falling, thou shalt not strike him down & tread him under thy feet, but shalt take him by the hand, uphold him from falling, & let thy strength and thy wealth support his weakness. 18 But shalt relieve him, thou shalt not answer him as Naball answered David, Who is David? etc. 1. Sam. 25.10. 19 Deu. 23.19.20. Thou shalt not give to usury to thy Brother: as usury of money, usury of meat, usury of anything that is put to usury. Unto this stranger thou mayst lend upon usu. but thou shalt not lend upon usury to thy brother. That the L. thy God may bless thee in all thou setst thine hand to, in the land whither thou goest to possess it. 20 In these words, there is an opposition between this stranger, that is, the cursed Canaanites, and the jews. 21 By Stranger in this place are meant the Hittites, the the Girgashites, the Amorites, the Canaanites, the Perisites, the Hivites, and the jebusites, and no other stranger: as appeareth Levit. 25.35. 22 These the Israelits were commanded to destroy. Exod. 23.27 etc. Numb. 3.32. Deut. 7.1.2.16. Ferio. 23 That which the Lord permitted the jews to do, for the punishment & destruction of the cursed Canaanites, cannot possibly be turned to a blessing to God's children But it was to lend upon usury which the LORD permitted the jews, only to the cursed Cananits, for a kind of punishment to destroy them with all. Ergo. To lend upon usury cannot turn to a blessing unto God's children. And whosoever dareth to another upon usury, whether it be unto rich or poor, it is to punish, and to destroy him. 24 The Lord addeth Deut. 23.20. That the Lord thy God may bless thee in all thou settest thine hand to; to persuade men, freely and without usury to end to them that are impoverished and decayed. 25 As if the Lord had said; As thou wouldst have me to Bless thee: So help thou & relieve him that is decayed. 26 Psal. 15.5 He that giveth not his money unto usury, nor taketh reward against the innocent, he that doth these things shall never fall. 27 Prev 28.8. He that increaseth his riches by usury and increase, gathereth them from him that will be merciful to the poor. 28 That is, The Lord by his providence will defeat the Usurer of them, & give them unto such as be more merciful & charitable. See Prov. 13.22. job. 20.15. 29 jer. 15.10. I have not lent upon usury. 30 Ezech. 18.13. He that hath given forth upon usury, or hath taken increases, shall he live? He shall not live, seeing he hath done this abomination. 31 Ezech. 18.19. He that hath not received usury nor increase, he shall not die in the iniquity of his Father, but he shall surely live. 32 The same Prophet displaying the transgressions of jerusalem saith. In thee have they taken gifts to shed blood, thou hast taken usury, and increase, and thou hast defrauded thy neighbours by extortion, and hast forgotten me saith the Lord God. Ezech. 22.12. 33 Luk. 6.35. Lend looking for nothing again, & your reward shall be great. 34 In that Christ saith Lend, he biddeth not to give, but would have the principal to be restored: only he commandeth that nothing should be exacted more than was lent. 35 By the Civil law, it is forbidden to lend upon usury 1. Because the law saith That it doth not disdain to imitate the sacred Canons, especially in cases concerning Matrimony and usury. 36. 2. Because justinian saith that he embraceth the 4. General Counsels, & in the Nicene which was one of the 4. usury is forbidden. Dist. 47. Ca Quonian. 37. By the Canon law, it is forbidden also Vide Decr. Iul Gelas. Mart. Leonis, Caus. 14 q. 4 & Dist. 47. c. Quoniam. 38. General Counsels have condemned usury. Concil. Arelatens. Terraconens. Agathens. I N Nicen. Martini Papa. Of which see Caus. 4. q. 4. Also Eliher. Dist. 47. Can. Siquis clericarun, Furones Lateran Vide Decr: Greg: l: 5: T: 19 De Us. C. 3. And Laod. Vide D. 49. c. Non licet. 39 All the Ancient Fathers of the Church have abhorred, and written against this Sin: As Chrisost. in Oper: Imperf: Hom: 12: in Math: 5: Lactan: De Vero Cultu Lib: 6: cap: 18: August: in Psa: 36: Hieron: lib: 6: in Ezech: 18: Leo: Ser: 6: De jeiunio decimi mens: ca: 3: Basil: Come in Psal: 14: Ambros: lib: 6: Epist: 70: & lib: De Tob: c: 3: 4: 5: & 7: 40 Philosophers have condemned it: Plato lib: 5: De Leg. Aristot: lib: 1: Polit: et lib: 4: Ethic: Nich: Cicer: lib: 2: Offic. 41 Poets have exclaimed against Usury, as Lucan. l 1. De Bell Civ. Hinc Vsura vorax avidumque in tempore foenus, Vide L. Sex. 5 T. 5. de Us. And Auson. Ecl. de Amb: vi: elig:— turpia lucra Foenoris, et velox inopes Vsura trucidat. 42: The laws and constitutions of England have prohibited and fobiden this sin: 20: H: 3: cap: 5: & 14: E: 3: Cap: 5: & 3: H: 7: cap: 6: 6. & 33: H: 8: Cap: 9: & 06 5: & 6: E: 6. & 13. Eliz: Cap.: 8: So much for Testimonies; It followeth to prove that it is not lawful to lend upon usury by Reason. 43 First then, usury is intolerable, Because the fowl vice of Avarice is the root of usury. 44 Secondly, Because it is wicked to desire and exact gain of an other man's labour. 45 Thirdly, Because he that payeth usury is greatly endamaged; & the Usurer receiveth gain without the loss of any of the principal, howsoever the matter goeth. 46 Fourthly, Because usury doth daily torment & assault his conscience that taketh it, and extenuateth the substance of him that giveth it. 47 Fiftly, Because there were grievous punishments inflicted for this sin upon him that was an Usurer, by the Civil & Canon laws. 48 By the Civil law A manifest Usurer is not capable to make a will of his goods. The Ancient laws of the Romans punished a thief with the restitution of twofold, but the Usurer of four fold. Cato. l. 1 de re Rust. ca 1. 49 By the canon law usu. was prohibited either to the Clergy or to the lay people. 50 If any of the Clergy did take usury, he should be degraded, and made it regular Conc. Nicen. 18, Dist. 33. c. Martis Dist. 46. c. Seditio. 51 If any of the laity were an Usurer, 1. He should be suspended from the communion. 52 2. He should be excommunicated out of the Church. 53 3. He should not be admitted to Christian Burial Vide Decr. Greg lib. 5. tit. 19 De Vsuris. & Caus. 14 q. 4. etc. CHAP. 5. That Usury is unlawful and damnable. Arg. 1. A Definitione Rei. Barbara. 1 All gain that contrary to the word of god, is expected or exacted above the principal, for the very duty of lending, is unlawful and damnable. Usury is such a gain, as appeareth Exod. 22.25. Lev. 25.37. Deut. 23 19 Eze. 18.8. Ps. 15.5. Luc. 6.34. Ergo Usury is unlawful and damnable. Arg. 2. Ab Etimologia seu Appellatione usurae. Datisi. 2 The Appellation whereby any thing is termed doth also partly declare the nature of the same. But the Appellations of usury, both in the old and new Testament do signify a hurtful and monstrous thing. Ergo Usury is hurtful & monstrous. 3 The Assumption is proved. First usury in Hebrew is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 neshech Exod. 22.25. which signifieth biting, derived of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nashach, to bite, or to gnaw as Serpents and Mice do. 4 As venomous Serpents do sting and destroy the body with their poison, and as Mice if they gnaw the loaf within, they will make it become unprofitable for the use of man.. 5 So usury destroyeth, biteth, and devoureth a man's substance very speedily, & vexeth the body with present pain; & poiseneth & polluteth the soul with the contagion of eternal damnation. 6 An usurer is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mashich because he giveth the bite: and the borrower is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 noshech, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nashuch, because he is bitten. 7 The second appellation whereby it is called in Hebrew, is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tarbith, Levit. 25.36. which signifieth increase; derived of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ravah, to be multiplied, to grow, or increase, Deut. 30.16. 8 It is so called because usurers attribute increase and multiplication unto a thing unfruitful by Nature, which neither can increase nor multiply: and this by the testimony of the Ethnics, is contrary unto Nature & monstrous. 9 Usuries are also called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 techachim, which signifieth Deceits, Psal. 72.14. derived of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tachach deceit, or fraud, because usury is never without deceit. 10 In Greek usury is termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which is derived of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to bring forth, or to beget. 11 It is also called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 increase, which terms do not obscurely note the monstruositie of it. 12 In Latin it is called Foenus, quasi foetus, increase as it were a child, or thing begotten: & usura quasi propter usum res, Usury as it were for the use of a thing. 13 Because contrary unto nature money being a thing unfruitful, is compelled as it were, to beget & bring forth fruit. Arg. 3. A Coniugatis. Syllogismus connexus primo modo. 14 If usurers be excluded from jehovah his tabernacle; Ergo Usury is a thing unlawful and damnable. But the Antecedent is true: as appeareth Psal. 15.5. Ergo. The Consequent is true also. Arg. 4. A toto & partibus. Enthymema. 15 To usury there wanteth the principal part of a Contract, vid. merchandise or ware: for a Contract is Actus contra actum, where there is Quid pro quo. Ergo. It is no contract; and so a monstrous and an unlawful thing. 16 The Argument holdeth for one principal part being destroyed, the whole is destroyed. Arg. 5. A Divisione. Darij. 17 To condemn those things, which are forbidden by the law of Nature, by the law of God, by the laws Civil and Canon, and by many godly constitutions of Princes both ancient and late, is necessary, godly, and just. But to take any thing above the principal for the lone only, is condemned by all these laws. Ergo, The condemnation of usury is necessary godly and just. Arg 6. A Causis. Barbara. 18 Of what thing so ever the causes are evil that thing itself is evil. Usury is a thing whose causes are evil; as is declared before. Cap. 2. Posit. 2. etc. Ergo, Usury itself is evil. Arg 7. Ab Effectis. Barbara. 19 That thing whose effects are evil, is also evil. Usury is such a thing, as is proved Cap. 6. Posit. 2. Ergo, Usury is evil. Arg. 8. Ab absurdis. Darij. 20 That which being taught and received, many absurdities and inconveniences do follow, cannot be true, certain, and firm. But out of that doctrine which teacheth that it is lawful to take usury arise many absurditres. Ergo, That doctrine that permitteth usury, is neither true, certain, nor firm; but false and into arable in the Church. The Assumption is manifest for first, It is against the manifest text of Scripture 22 2. It extinguisheth faith & charity 23 thirdly, It taketh away the law of nature. 24 Fourthly, It annihilateth the godly constitutions of Princes. Arg 9 A Necessario. Datisrij. 25 The commandments of God are necessarily to be obeyed. But God hath commanded to lend looking for nothing for the leave: Luk: 6: 34: Ergo, we must do so. Arg: 10: Ab Impossibili: Celarent: 26 It is impossible that faith & an evil Conscience should at the same instance be joined together, in the same man. All Usurers have an evil conscience. Ergo, No Usurer hath faith. And consequently it is impossible for them that wittingly and willingly persevere in this sin to be saved 27 The Assumption appeareth because the usurers sin against their own conscience; which is manifest. 28 First, because they will not willingly be known to be Usurers: yea some will swear and stare they are no such men. 29 And therefore they conjure faithful secrecy of the borrower, or they colour their usury under pretence of some lawful contract. 30 Secondly, Because that though they be known and reputed for common usurers, yet they take it a great disgrace so to be called and termed of others. 31 Thirdly, because they will not call usury, usury, but usance, interest, or consideration, being indeed ashamed of the direct name of usury. 32 So then the usurers sin willingly and of set purpose, they follow a practice contrary to the check, touch, and light of their own conscience; & therefore as Paul speaketh they are damned of themselves: Tit: 3: 11. Arg: 11: A minori ad maius: Enth: 33 Theft is unlawful & damnable: Ergo, much more is usury so. 34 The Consequence is good, because usurers do steal daily without ceasing having no need: thieves steal but sometimes, being urged by necessity: Therefore Usurers are worthy of greater punishment than thieves are. Arg. 12. A Contrario. Enthymema. 35 To help & to destroy are contraries. Ergo, They cannot be both at once, at the same time, & in the same respect attributed to the same man. Therefore that brag of the Usurer is an impudently, when he boasteth that oftentimes he helpeth and enricheth them that he dareth money unto. Arg. 13. Ab Oppositis. Syllogismus connexus primo modo. 36 There are two kingdoms, the kingdom of God, and the kingdom of the Devil. But in the kingdom of GOD there is no sin, and usury is a sin. Ergo, It followeth that all usurers as long as they do not repent & leave their sin, are of the kingdom of the Devil. Arg. 14. A Natura Relativorum. Enthymema: 37 In lending there is no merchandise. Ergo, There must no price be paid. For he that asketh a price giving no merchandise for the same is a damnable usurer. Arg. 15. Ab Exemplo. Enthymema. 38 Nehemias did well in prohibiting usury. Neh. 5.7.11. Ergo, Those Magistrates which prohibit and repress usury do well likewise. Arg. 16. ab Authoritate sacrae scripturae. Enthymema. 39 Neither did the Prophets, nor Christ, nor the Apostles ever allow and grant that usury is lawful, but rather they prohibited and condemned it. Ergo, They who either allow or permit usury, do by a wicked & rash presumption depart from the verity of the Scriptures, & contemn the word of God. CHAP. 6. How great a sin usury is. 1 THe grievousness of this sin appeareth by the Effects of it. 2 The Effects of usury, are to be considered, either in respect of the usurer, or in respect of the Borrower. 3 In respect of the usurer, the effects are; 4 Goods gotten by deceit and guile, by robborie, sacrilege and murder. 5 The perturbation and breaking of society. 6 The wrath of God, malediction, evil conscience, the tyranny of Satan. 7 The murdering of the poor; the envying of other men's lives. 8 A riotous and tragical spending of goods after the usurers death. 9 The subjecting of goods to malediction. 10 Eternal damnation of body & soul; etc. 11 In respect of the Borrower, the effects are; 12 Poverty, hunger and thirst, nakedness, grief, death, etc. 13 Usury is compared to a ship wrack, wherein nothing is saved, because the usurer consumeth all. 14 To a raging fire, that never ceaseth before all the house be devoured. 15 To dung, into which if any man fall, he must either speedily run away, or lie very still, or else he shall be all miry: so a man must have no dealing with usury. 16 To the stinging of Serpents: for usury so poisoneth a man's substance that it shall have the rot, and consume away. 17 To a deadly and contagious Ague, whereby the poor are cast into shaking fits, and at last consumed, and pined to the bones. 18 To a gulf or whirl pool, which devoureth souls, and utterly wasteth wealth. 19 An Usurer is a thief, because he stealeth from the poor borrower that little he hath. 20 An Usurer is a ravenous vulture, that will pick the guts out of a man's belly. 21 An Usurer is a Murderer, because with a age cruelty, he eateth up, & slayeth the borrower & his family, whom he should relieve with all works of charity. 22 An Usurer is an Idolater, for he is covetous, and covetousness is Idolatry, Ephes: 5.5: Coloss▪ 3▪ 5. 23 And Usurer is like unto the Devil, who continually seeketh whom to devour; so the Usurer night & day still devoureth the borrower 24 What wickedness then is VSURIE wherein at once woeful ship wrack, raging fire, filthy dung, venomous poison, contagious sickness, & a devouring gulf, is caused by a Thief, a ravenous Vulture, a Murderer, an Idolater, and one that is like unto the Devil himself. 25 Usury is such a dart that the Usurer therewith striketh without a weapon, he menaceth without handling, & stayeth without touching the body. 26 David joineth usury with deceit, because usury is never without deceit. Psal: 55: 11. 27 Ezechiell calleth him unjust that dareth upon usury. Ezech: 18: 8. 28 Usury is an abomination Ezec. 18.13 29 The Lord will take away from the Usurer even that he hath, & give it him which will be merciful to the poor. Prov. 28: 8. 30 Usury excludeth and shooteth him that practiseth it, from entering into jehovah his tabernacle, and from resting in his holy mountain. Psal: 15, 5. CHAP. 7. Objections for usury answered. Object: 1: God alloweth some kind of usury for Deut: 23: 20: it is said: Of a stranger thou mayest take usury 2 Answ: But thou takest usury of thy brother, therefore this condemneth thee, because thou usest thy brother like a stranger. 3 By the name of Stranger in that place are signified the cursed Cananits: See Cap: 4: Posit: 21: So also doth Ambros: lib: De Tobia, cap: 15: Paulus Fagius Annot: in Caldaic: Paraphras: in Deut: 23: 20: Tremel: & junius Anot: in Deut: 23: 20: expound it. God doth not licence the jews to take usury of any, but of their enemies whom they might kill. 5 Showing that usury is such a punishment, as if we are to kill a man, it were a fit punishment for him. 6 But now, we are alone body, we have alone spirit, one hope of our calling, one Lord, one faith, one Baptism, one GOD and Father of all, which is above all, and through all, and in us all. Therefore amongst us there is no stranger 7 Object: 2: The Law of Moses concerning usury, is only political. Therefore we are not bound to it further than equity & humanity permitteth. 8 Answ: It is not political, but mortal: The law saith, Exod: 22: 25: Ye shall not oppress him with usury: Barbara. 9 Oppression is a breach of the moral law Usury is Oppression. Ergo, Usury is a breach of the moral law 10 David Psal: 15: 5: reckoneth it among moral duties: 11 Ezechiel hedgeth it in between Bribery & Extortion, which are notorious breaches of the moral law: Ezec: 22: 12: 12 Object: 3: The law forbiddeth lending upon usury to the poor and needy ONLY, Exod: 22: 25: Levit: 25: 35. 13 Answ. This is no good consequence, that he might borrow upon usury, then that he might not borrow at all. 19 God in the laws of usury did specially & by name forbidden lending in that manner to the poor for two respects. 20 First, to show what care HE HIMSELF hath over them, who are commonly and usually neglected of men. 21 Secondly, because the poor are soonest & easiest oppressed of the rich; as the lowest hedge is easiest stepped over. 22 Ob. 4. Moses saith, Exod. 22.25. Ye shall not oppress him with usury. Ergo, If I oppress not my brother with biting usury; I may take some usury and increase of him. 23 Ans. All usury biteth; and therefore all usury is unlawful, albeit one biteth sooner than an other, & one sooner perceived then another. 24 But to remove this excuse from us; god hath forbidden all increase for lending, and that in all things that may be lent A man may not take usury of the Poor: Ergo, he may take of the rich. 14 Solomon saith, Prov. 22.22. Rob not the poor because he is poor. Shall I thence conclude; Ergo, I may rob the rich because he is rich. 15 The law saith, Deut. 27.24. Cursed be he that smiteth his neighbour secretly. Shall I thence conclude; Ergo, It is lawful for a man to smite his neighbour openly. 16 Moreover, if the law of lending to the poor without usury, should infer the lawfulness of lending to the rich upon usury: It is manifest that God's intendment in that place, for the benefit of the poor; should rather prove an hurt and hindrance unto them; because by this means it would come to pass, that the poor should not borrow at all. 17 For who would lend to the poor for nothing, that could lawfully lend unto the rich for usury? 18 Surely it were better for the poor by mutuation. Lev. 25.36.37. Thou shalt take no usury of him nor vantage. Thou shalt not give him thy money to usury, nor lend him thy victuals for increase. 25 Ezechiel condemneth the people of his time, not only for taking usury, but also for taking of increase. Ezec. 22.12. Thou hast taken usury, and the increase. 26 Ob. 5. Usury is no where prohibited in the new Test. Ergo, It is lawful, or at least wise tolerable. 27 Ans. It is a monstrous blasphemy against the Gospel of Christ, to affirm that the New Test giveth more liberty to sin, than the old. 28 Yet this objection thinketh Usury is no sin, because it is not condemned in the new Testament. 29 But that is no good Argument, for polygamy, Tyramny, Treason, jealousy, etc. are sins, and manifest breaches of the moral law; and yet they are not condemned by those very names in the New Testament. 30 Furthermore; Usury is forbidden in the New Test. For the Gospel goeth further in this case, than the law. The law forbiddeth usury: but the Gospel commandeth the contrary virtue, that is, free lending without increase. Luc. 6.35. 31 Also, usury is manifestly against these places. Matth. 7.12 Matth. 5.42. 1. Thes. 4.6. Ephes. 4.28. 32 Ob. 6. The usurer saith, I lend for compassion; and by my money many are relieved, and the poor thereby avoid danger. 33 Ans. To be partaker in our gains, & not in our losses is usurers compassion and charity. 34 The good that Usurers do unto the poor is like the good Men in hot agues have of drinking cold water, which for a time refresheth, but at length increaseth their pain, and prolongeth the disease. 35 So at the beginning, usury is mild, but in the end, it is merciless. 36 The Usurer pleadeth love, but not for thy sake, but for his own: as the Ivy colleth & claspeth the Oak, as a Lover. but thereby it groweth up, and overtoppeth the oak, and sucketh up the juice and sap thereof, that it cannot thrive nor prosper: Such a blood sucker is the Usurer. 37 The worm Teredo is soft to touch, but it hath such hard teeth as it devoureth and consumeth the hard timber: So the Usurer is a soft beast at the first to handle, but in continuance of time, the hardness of his teeth will eat a man up, flesh and bone, if he have not an especial regard to shun him. 38 The Cat playeth with the Mouse; But the play of the Cat is the death of the Mouse: So the Usurer pleaseth the Borrower; But the pleasure of the Usurer is the bane of the Borrower. 39 The Scorpion laugheth when he striketh, and the Crocodile weary when he woundeth: So the Usurer laugheth and then oppresseth: he pitieth & then he pintcheth the poor Borrower. 40 Objection. 7. I do not sin saith the Usurer, nor break the rule of Charity: I do to others, as I desire that others should do unto me, as Christ bad us. I would with all my heart, give ten in the hundred, if I were forced to borrow. 41 Answer No man would give 10 in the hundred, if he could tell how to borrow freely: but seeing they can get it no better they are content to give ten. 42 That saying of our Saviour Christ. What soever ye would that men etc. must be understood of good things only, or else many absurdities should follow; as, 43 I would that some man would kill me. Ergo, I may kill another in like manner. As many a desperate man with all his heart wisheth. 44 Wherefore, seeing to take upon usury, 10: for the 100: is not simply good, but lesse-evill, then to take 16.20.30. or more: Therefore albeit thou for a further gain, or upon extreme necessity, to avoid a further misciefe, sometimes wouldst give so to others, yet shall not that excuse thee, so to take usury of thy poor and needy brother. 45 Object. 8. Usury is necessary for Orphans, Widows, and Strangers which have no other way to get their living. 46 Answ. If usury be evil in itself, and condemned by God; then can it not be good in any. For what is simply evil, is evil in all, albeit in some more, and in other less evil. 47 Rom, 3.8. We must not do evil that good may come thereof. Therefore we must not relieve the fatherless & widows by usury. 48 object 9: The Usurer will say, Alas I have no other trade to live upon I must therefore live by usury. 49 Ans. So may the Thief say; Alas I have no other trade but robbing, I must therefore live by that. 50 This excuse in other wickedness will not serve. Therefore neither in usury. 51 object 10: The laws of the land do allow to take 10: in the 100: Ergo I may take so much. 52 Answ. The law of MAN cannot abrogate or disannul the law of God. 33 The Usurer herein is like the jews, who said We have a law, and by our law he shall die, job 19.7. when they could not say, By God's law he shall die: they said By our law he shall die. 54 So when the usurer cannot say, By God's law I may take usury; He saith, By man's law I may take usury. 55 As it would not serve Adam's turn to say, The woman had me; So will it not serve the usurers turn, to say, The Law doth licence me. 56 Yet herein the usurer standreth our law, for the law alloweth not 10. in the 100 nor 5. in the 100 but punisheth that Tyrant that exacteth above 10. in the 100 57 Ob. 11. Many learned Divines do tolorate usury, & write in defence of it. Ergo, It is not unlawful. 58 Answer. No writer that ever I could see, or hear of, ever allowed VSURIE. 59 There are many strong poisons, which the learned Physician can so qualify, that a sick Person may take a potion wherein some of the poison is. 60 So holy men of God have done, and do temper and qual fie the usurers poison, that they make thereof a wholesome medicine for many distressed Persons. 61 For by their holy and religious caveats, and lessons, they altar the quality of the usury, and make it indeed no usury at all, but a lawful kind of trade and dealing. 62 First they teach, That a man must take nothing, but that which his Debtor can get by good and lawful means. 63 Secondly. He may not take more than the gain, nay not all the gain, nor that part of the gain which drinketh up the living of him that useth the money. 64 Thirdly. He must sometimes be so far from taking gain, that he must not REQVIRE THE PRINCIPAL, if his debtor by inevitable & just causes be brought behind hand, and it be also plain that he could not make, no not by great diligence, any commodity of the money borrowed. 65 Now, how fare VSURIE differeth from this kind of dealing, if our common Usurers will not confess, woeful experience daily teacheth. 66 Object. 12. Lastly the Usurer will say: If I may not gain by money which I lend, I will lend no more, but keep my money to myself. 67 Ans. It is as bad to keep thy money from him that hath need, as to lend upon usury: For Christ saith: From him that borroweth turn not away thy face. Math. 45: 42. 68 As he that keepeth his corn, from the use of his neighbours and brethren. Prov. 11: 26: is accursed: So is he also accursed that keepeth his money, when safely he might lend it: Ezech: 18: Look Esa: 5; 8: Habac: 2: 9: Mich: 2: 2: 3: Luke 6: 24: Math: 6: 19: james 5: 1: Dent: 15: 8 Psal: 112: 5. Math: 5: 42: Luke 6: 35. 69 That servant that hid & laid up his Talon was punished; Math: 25: 14: 30. And he that will not use his money according to the rule of charity, shall be plagued with the wicked servant: CHAP. 8. Whether it be is a man's own free choice, to lend, or no. THe Children of this world, that think their wealth their own, judge it to be free from them, whether they lend or no; and think they do not sin, when they deny him that come to borrow of them, if they can help him. 2 The Lord saith Deut. 15.8. Thou shalt open thine hand unto him, and shalt lend him sufficient for his need which he hath. 3 Christ also saith Math: 5: 42. Give to him that asketh, & from him that would borrow of thee, turn not away. See Luke 6: 34: 38. 4 Here we must consider two things, First, How we must lend? Secondly, Unto whom? 5 For the first, CHRIST requireth of his Children that they help their brethren, and neighbours; not only freely, without any gain, (for so do the Sinners, Luke 6.34.) but also though it be to their loss and damage of the money lent. 6 Christ putteth a difference between his children and such as do not appertain unto him. 7 The Sinners are so just, that they will lend without usury, desiring nothing but only their own gain. 8 For even Sinners (saith he) lend unto sinners to receive (not any increase or vantage or any thing above the principal, but) the like Luk. 6.34. 9 Out of this place, we that bear the liverey of Christ's name, & have undertakenan holy profession, may learn how we ought to lend, unto our needy brother, and whether we ought to take usury of him, or no. 10 For the Second. Unto whom we ought to lend? we aught to lend: namely, 11 Unto them, that have not so much wealth as they are able to make restitution. For Sinners lend unto them of whom they hope to receive, again what they lent Luc. 6. 13 Not only unto our Friends, kinsmen, and brothers; but also unto Strangers, yea and to our Enemies. For sinners lend unto their friends and kinsmen. Luc. 6. Mat. 5. 14 Unto them, who are not able to give us thanks, much less to make us recompense. For Sinners lend unto them that are able to thank them. 15 If we lend unto such; then shall we verily declare ourselves, to be his sons, who letteth his Sun shine upon the just and unjust alike, and letteth his rain fall upon the kind and unkind. 15 This is it that Christ requireth of us: Lend (saith he) looking for nothing again, and your reward shall be great: and ye shall be the children of the most High, for he is kind unto the unkind & to the evil. Luc. 6.35. CHAP. 9 Whether it be lawful to borrow upon usury. Because in these days Charity is rather DEAD then COLD, Men must either borrow upon usury, or they shall have nothing lent them at all. 2 There be two sorts of Borrowers upon usury, some RICH, and some POOR. 3 The Rich borrow because they would be richer, and richest of all. 4 And these are either Gentlemen, or Tradesmen. 5 Gentlemen, & country Farmers, they borrow upon usury, to purchase lands, and to enrich their posterities. 6 Tradesmen, and Merchants, employ all the money they can borrow, thinking to get more by the use of it, than the usury of it cometh unto. 7 These richmen, * Note. may not lawfully borrow upon usury as may appear. 1. By the Cause that moveth them to borrow. 2. By the Effects that follow thereof. 8 The Cause that moveth richmen to borrow upon usury is, their covetous greedy Mind, that like salomon's hoseleech, never crieth Enough, but Give, give They purchase all the land they can compass, & make a pray of their poor Neighbours. 9 The effects that ensue of their borrowing are either common unto all these borrowers, or proper to each one. 10 The common Effects are these: 11 1. They feed the usurers, as the bellows do kindle the fire; they maintain them, as the Receiver maintains the Thief. 12 2. They undo the Poor. For they give so excessively much for the loan of money, that either they must give up housekeeping, or diminish their hospitality. 13 Whereby it cometh to pass, that the poor are neither set on work, nor relieved by the Rich. 14 The Effects, proper to each one are: 15 1. The Gentleman that borroweth upon usury, racketh his rents, and so maketh his poor tenants pay the usury. 16 2. The Farmer, or Yeoman selleth his corn, and his cattle so much the dearer, and maketh the buyer pay his usury. 17 3. The Tradesman, & Merchant enhance the price of their ware, and who so needs their merchandise, must pay their usury. So much of Rich Borrowers upon usury: Now of the Poor. 18 The Poor Borrowers upon usury, are either Counterfeits; or Poor indeed. 19 Counterfeits, are they that would seem barer and needier than they are, and that for two respects. 20 First, Because they would not be deeply charged with Subsidies. 21 Secondly, Because they would compound with their Creditors for little or nothing. 22 These are they, whom Solomon speaketh of, Prov. 13.7. There is that maketh himself poor, having great riches. 23 These are those Foxes that having wealth enough to pay their debt, lie in Prison, because they would defraud their Creditors. 34 These Counterfeits will have always some thing for usury, that men may think them bare of money, and pity them in their charges. 25 Poor indeed, are they which borrow to supply their necessity; when they are like to be undone, their children to be cast away, & their lease to be forfeited. 26 This necessity is either extreme necessity, or not so extreme. * Note. It is lawful to borrow in any of both. See Cap. 4. Posit. 13.14. etc. 27 For necessity it was lawful for Adam's Sons to marry with Adam's Daughters; because there were no other women. 28 For necessity, it was lawful for David to eat the showbread; because there no other food. 1. Sam. 21.6. 29 For necessity, it was lawful to work, to heal & to fight upon the Sabbath day; which was not lawful but for Necessity. Luc. 13.10. 30 Therefore for necessity, why may not a Man pay more than he borrowed? Seeing no Scripture forbiddeth to pay more, but to require more. 31 Yet with this caveat, * Note well. that the borrower entice not any man, to become an usurer, that is, unwilling to exercise that cursed Trade. 32 The Usurer must be willing to lend for usury, otherwise the borrower doth grievously sin, notwithstanding his necessity. 33 Here will be Objections made, against borrowing upon usury. 34 Ob. 1. jeremy saith, jer. 15.10. I have not lent upon usury to others, neither have others lent upon usury to me: as though it were unlawful not only to take usury, but also to give usury. 35 Ans. Thereby jeremy doth signify, that he was no meddler in the world, whereby they should envy HIM like other men; and therefore he cleareth himself chiefly from usury, because Usurers were most envied. 36 And to show that he was no Usurer, he saith he was no Borrower; which is more lawful, then to be an Usurer. 37 Like a man, which saith, I do neither hate him nor know him: & to prove that he doth not hate him; he saith, he doth not know him. 38 So jeremy, to prove that he had not lent upon usury, saith that he never borrowed upon usury, nor had any dealing with it. 39 Object. 2. Christ did cast out the buyers out of the Temple as well as the sellers. 40 Answ. But that was not for buying, but for buying in the temple where they should not buy but pray. 41 Object. 3. It is a common proverb: If there were no buyers there would be no sellers: if there were no brib-givers, there would be no bribe-takers. 42 Ans. But in this case, it may be rather said; if there were no Takers, there would be no Givers. 43 For the Giver doth not make the Receiver to take: but the Receiver doth make the Giver to give; because he will not lend, unless the other will give him for the loan. 44 Therefore as we say, The receiver makes the thief: So may we say, The receiver of usury makes the giver of usury. 45 There is no comparison between him that giveth usury, and him that receiveth usury. The ONE doth it for covetousness, and the OTHER of necessity. 46 He which dareth for usury, dareth for covetousness: but he which borroweth upon usury, borroweth for necessity. 46 Laban did evil in swearing by Idols: But jacob did not evil in receiving such an oath of him, though it were an unlawful oath, Genes. 31.53. 48 Though the Usurer doth evil in taking usury; yet the Borrower doth not evil in giving usury. 49 If a man may lawfully pay, for any commodity, more than it is worth: wherefore may not he, as lawfully, restore more than was lent him? 50 It is lawful to suffer injury: though it be not lawful to offer injury. 51 To take usury, is as it were to offer injury, and to give usury, is as it were to suffer injury. 52 Therefore, though a man may not require more than he lent, yet may he give more than he borrowed. 53 The conclusion is this. No man must pay usury unto Usurers, but for necessity. 54 Even as a Traveller giveth his Purse unto a Thief; because he cannot choose. CHAP. 10. What Usurers should do with their Gain. THe best thing is to do no man wrong: but the next is, to make him amends 2 The Usurer, because he hath transgressed against the first, let him endeavour to fulfil the second. 3 He that stole, let him steal no more; saith the Apostle Ephes. 4.28. But is that enough? No. What remaineth? He must make restitution. Levit 6.2.3.4.5.6 Exod. 22. 4 So, It is not enough, that the Usurer take no more usury, but he must restore that which he hath taken. 5 If a man cannot say, as Samuel said; Whose goods have I taken. 1. Sam. 12.3. Then must he say, as Zaccheus said; Whose goods have I kept. Luke. 19.8. 6 As humility is the repentance of pride; and abstinence the repentance of surfeit; and alms the repentance of covetousness; and forgiveness the repentance of malice: So is restitution the repentance of usury. 7 He which is not humble, doth not repent his pride; he which doth not abstain, doth not repent his gluttony; he which doth not give alms, doth not repent his covetousness; he which doth not forgive, doth not repent his malice: So he which doth not restore, doth not repent his usury. 8 For how can he be said to repent his usury, which liveth still by usury. 9 As Daniel said to Nabuchadnezzer, Dan. 4.24. Break of thy sins by righteousness: So may it be said to the Usurer; Break of thy usury by restitution. 10 But as the Disciples of Christ said Ioh 6.60. This is a hard speech: So saith the Usurer, that hath gotten all his wealth by usury, This is a hard speech. 11 Object. If I restore all I have gotten by usury, (saith he) I shall have nothing left to live upon. 12 Ans. Zaccheus did not fear how he should live; but Zaccheus feared to offend. 13 As the Prophet said to Amaziah; so may it be said to the Usurer; The Lord is able to give thee more than this. 2. Chro. 25 9 14 Fear not to restore other men's goods; and try him that saith. Prove me now here with, if I will not open the windows of heaven unto you & power you out a blessing without measure. Malach. 3.10 15 Quest. What if a man cannot restore it to the right Owners, nor to their Heirs. 16 Ans. Then give it unto the Minister, and to the Poor, and repent that thou hast kept it so long. 17 Quest. Put case a man be fallen in decay, and be not able to make restitution as he would what then shall he do? 18 Ans. Let him acknowledge the fault, and God will accept the will for the deed. 19 For so Paul saith. 2. Corinth. 8.12 If there be a willing mind, it is accepted according to that which a man hath, and not according to that which he hath not. 20 Quest. What if the USURER be dead; Must his Heirs restore that which was gotten by Usury? 21 Answ. They may * Note. not keep it in any case; for it is none of theirs. 22 They must put away the execrable thing from among them: and Goods gotten by Usury, and oppression, are execrable, unto the USURER, and his Heirs; as was the Wedge of Gold that Achan stole. joshuah 6.16. They must make restitution then. 23 Though it be sweet in the beginning; yet as Abner said to joab, 2 Sam. 2.26. Knowest thou not that it will be bitterness in the latter end? 24 If THEY be condemned which give not their own Goods unto them that have need of it: How can THEY be saved that draw othermens' Goods from them that have more need of theirs! Revel. 7.12. Amen; Praise, and Glory, and Wisdom, and Thanks, and Honour, and Power, and Might, be unto OUR GOD for evermore; Amen. FINIS. Faults escaped in the Printing Pag. Lin. Fault. Correct. 21: 7: the the the 13: 32 52 22: 22: from for 42: 9: mortal moral 44: 45: These two pages are transposed, the latter must be read first, and the former followeth 44: 1: he they 2: he they 52: 20. oar our 54: 13: Matth: 45 Matth: 5 55: 6 is in 12: come cometh 56: 16: gain again 57: Between the 11: and 13: Positions, this must be added. 12. Unto them that never lent us any thing nor are able to lend For Sinners lend unto them of whom they have borroved.