A Discourse upon usury, by way of Dialogue and orations, for the better variety, and more delight of all those, that shall read this treatise. By Thomas Wilson, doctor of the Civil laws, one of the Masters of her majesties honourable court of requests. ¶ Seen & allowed, according to the Queen's majesties injunctions. 1572. ¶ To the right honourable, high & mighty Earl, his most especial & singular dear lord, the lord Robert Duddeley, earl of Leycester, Baron of Denbigh, master of the horse to the queens Majesty, knight of the noble order of the garter, chancellor of the university of Oxford, & one of her highness' most honourable privy counsel: Thomas Wilson Doctor of the Civil laws, wisheth perfit health, with increase of honour to gods most holy will & pleasure. THe Stoic Philosophers (right honourable & my singular good Lord) have said both truly and wisely, that the world is made for man, and man is made for god, to th'end that man may have all pleasure, and god may have all honour. seeing then, that such a creation of man, and the world, is thus framed by the mighty finger of god, & man especially made for god: I doubt not, but your honour being gods lively image upon earth, and fashioned to his likeness, concerning the reasonable soul, as all others such his creatures are: will remember for your part, to foresee and to do your duty from time, to time, and endeavour yourself in all your actions to have god always before your eyes, and to exercise your mind all your life long, with all godly practices, aswell in advancing religion, to god's glory, as in doing Justice for man's benefit, that god alone as he is always praised in Heaven amongst his angels, may even so have his holy name only honoured here upon earth amongst his people. But because man's nature, through Adames fall, is altered from that perfection, wherein it was at the first, and is much subject therefore to great corruption of life and manners: It is to be feared, that all men will not always be mindful of their duty, except they be often warned and put in mind of that they ought to do, whereby they may consider still what they are. For by wanting the remembrance and exercise of well doing: they may decline from god, (a thing soon done where god is not feared) and so wallow in sin, the plain effect of graceless people. For the devil being great adversary to all goodness, (whom that ancient father of famous memory Hugh Latymer, called the most vigilant bishop in his vocation) is never idle, but still occupied and busy, in sowing cockle and darnel amongst the good corn and pure wheat of the lords harvest. So that if their be not as quick wedyng hooks, & as sharp iron forks; ready at hand to cleanse the soil from time to time, as the weeds are, and willbe ready to spring up & grow: in the end all willbe weeds, and antichrist himself will be lord of the harvest. This must I say, that wareness in all things is evermore very wisdom, & of advised dealings comes perfection, and things foreseen do always the less harm. For which cause laws are enacted, not only to punish evil, when any is committed, but also to prevent evil not to be committed at all, that men being warned before hand, may take heed the rather, how to offend laws for fear of the sword, & live in good order, to escape the severity, and sharp rod of justice. I do wish therefore that man were as apt to do right, as he is ready to speak of right, and to be all together, as he would seem to be: lest otherwise laws stand not in vain, when great occasion gives just cause of speedy redress. And in this behalf magistrates are to be put in remembrance, that they having government and execution of justice in their hands, may be good ryghters of all wrong doings, and just dispensers of gods law, and man's law, both to low and high, to rich and poor, without any respect or regard of parson. For most true it is, that where justice is duly ministered, there is god most highly honoured, and sweet is that sacrifice to god, when the lives of lewd men are offered up to suffer pains of death for wicked doings. I will not speak to aggravate execution for all mysdeedes, either severally or generally, because I think it both needless, and a great folly also, and a thing almost impossible for man to hope by only demanding, to have the amendment of all things precisely, that presently are amiss: but this I reach at, that where amongst a number of gauls and great griefs in this common weal, there spreadeth one especial mischief as ill, nay worse than any plague: my meaning is to set all other faults apart, and to disclose this one above the rest unto your Lordship, that by your honourable means and great authority, it may at the least be some what reformed, if not all together amended or taken away. I do mean that ugly, detestable and hurtful sin of usury, which being but one in grossness of name, carries many a mischief linked unto it in nature, the same sin being now so rank througout all England, not in London only, that men have all together forgotten free lending, and have given themselves wholly to live by fowl gaining, making the lone of money a kind of merchandise, a thing directly against all law, against nature, and against god. And what should this mean, that in stead of charitable dealing, and the use of almose (for lending is a spice thereof) hardness of heart hath now gotten place, and greedy gain is chiefly followed, and horrible extortion commonly used. I do verily believe, the end of this world is nigh at hand. And the more is this evil to be pitied, because men do lull themselves with the exercise thereof in such sort, as though there were none offence in it at all, whereas amongst all other offences next to Idolatry, & the renouncing of god, and his magistrates upon earth, there is none more heinous, none more offensive, and none more hurtful, to any well governed common weal. For besides that the very sin of usury, is expressly forbidden by gods word, aswell as either theft, adultery, or whoredom: the country and realm where this offence is commonly used, cannot long continued in prosperous welfare. And sorry I am to say it, but I see it & know it overwel, and therefore I must needs say it: I do not know any place in christendom, so much subject to this foul sin of usury, as the whole realm of England is at this present, and hath been of late years. For men of wealth are now wholly given every where all together to idleness, to get their gain with case, & to live by lending upon the only sweat & labour of others. Whereas god willeth every man to live in his vocation, and he that will not labour either with body or mind, according to his calling rightly, should not eat at all, forbidding men to make lending a kind of living. But these men do not live in any vocation, but being the devils known apprentices in earth, & bound to do, as he would have them: seek when they are dead to serve him in hell, as I take it. For god sayeth by his prophet David, Psall. 15. that he shall never devil in his tabernacle, that hath put out his money for usury. And therefore, whether should such men look to go, when they are dead, but straight to the devil, seeing in earth they serve such a master. There be two sorts of men, that are always to be looked upon very narrowly, the one is the dissembling gospeler, and the other is the wilful & indurate papists. The first under colour of religion, overthroweth all religion, and bearing good men in hand, that he loveth plainness, useth covertelie all deceit that may be, and for private gain, undoth the common welfare of man. And touching this sin of usury, none do more openly offend in this behalf, then do these counterfeit professors of this pure religion. The wilful Romaniste, as he professeth an hatred to this religion, so having mischief boiling within him, deviseth by indirect means to advance his welfare, that he may have money in store against a good hour, such as he looketh for. So that betwixt the secret dissembler, and the open blasphemer, the world is made a pray, and divided betwixt them, and god thereby most highly dishonoured. Neither do either of these people follow you for your person or virtue, but for your fortune and authority. Cicero sayeth wisely, wholesome severity, doth greatly exceed the vain show of foolish pity. Clemency is good, I deny not, but that is to be used to good men, or else towards such as of whom there is good hope of their better behaviour hereafter. But where clemency is altogether abused, and maketh as it were an open way to all lowsenes in manners and carnal liberty of life, there severity must needs strike a stroke. For to what end are good laws made, if there be no execution of them? As good pike straws, as make laws that want a magistrate, to see them well kept obeyed and fulfilled. For the law itself, is a dumb magistrate to all men, whereas magistrates are a speaking law to all people. And therefore, as governors do submit themselves to law, and live thereafter: so will the people submit themselves to governors and their doings: such force (lo) hath example of life, especially in magistrates. Neither are governors private persons, to live honestly to themselves only, but they are public officers to do good unto many, and by wise advise, to have care over them, that neither will, nor can have care of themselves. And this I say, that like as one may be a good magistrate to the people, and yet no god man to himself: even so may one be a good man to himself, and prove no good magistrate to the people. And of these two, less harm doth that man, who privately offendeth in his life: than he that publicly offendeth in his charge. needful therefore were it, that all magistrates were good men in their offices, because the common welfare dependeth upon their well doing. And good it were also never to remit apparante great faults unto any person in authority. For the magistrate abusing his office, deserveth more punishment than doth the private person. For as he abuseth his charge, so doth he deceive his trust, & by example geevethe great cause of much evil But let no men in any estate presume therefore to do evil, because they hope to hide their evil. doings from the prince's knowledge. For time doth discover all, and god hath granted this privilege unto princes, that wicked attempts, shall never have deep root. For although wrong dealings may be shrouded for a space, and be kept under covert: yet they will out at last, and be opened with shame, the rather to set forth gods mighty justice, and to advance his endless glory Amongst the Romans, there were censores, appointed as commissioners, to search out the doings of such as either had borne office, or were notorious offenders: and finding any such to be faulty, they did straight ways remove them, and punish them with infamy. The same order is yet used in Italy, Spain, and Portugal, and good justice done against all unjust magistrates, and evil lawyers. And thus it is. Such as over hastily have risen to great wealth, have been sifted for their life and doings by commission, and stripped out of all, when they were taken in a trip. Now then, needs must I say thus at this time, that amongst all sorts of men, sin aboundeth here for wants of chastisement, evil men being over rife, & good men over scant, such as should do good. Or else how is it, that usury amongst other sins (for I will at this time say nothing of magistrates) is so universally used, which aught in any wise to be weeded out above all other fa●tes. For as I think, and must say still, usury only, is the chiefest cause of the greatest misery in this land, aswell to give occasion of great waste, as also to make much want, and will be in the end, the undoing of all, if it be not looked to in tyme. The Romans never began to decay, till usury lorded amongst them, for then private gain thrust out common profit, lust was holden for law, idleness more used than labour, ryott in steed of diett, vice better regarded than virtue, no charity at all, no love betwixt man and man, but every man for himself, and the whorlepole of pride and riot overflowed in all things, and in all places. Plato saith, there must be three things in every good state. A magistrate to govern, laws whereby to govern, and execution of laws for maintenance of government. And Diogenes said well, where neither laws have force, nor water hath course: there should no wise man willingly seek to dwell. For where evil men bear rule, (as it is always, there where laws are stopped of their ordinary course) there cannot any good man have place, because they are always contrary. And this I say, that in all common weals, it is as great a blame not to cherish & maintain the good & godly, as it is a great shame to suffer the offendor & wicked man to go unpunished. For both must have their deserts, or else that state is not justly governed. And as weeds are to be rooted out of every garden, so are good herbs to be often watered & cherished still, with good earth or else they will perish, and wither soon away. And amongst all others, I would the religious learned men of this land, were so cherished and esteemed, as they have well deserved, and together with their good cherishing, I would their good warnings were thoroughly followed. Yea I would they were better holden up, in that which they have maintained and professed in good learning: although their livings and entertainments were not made much greater: The preachers I do mean, & the godly ministers of this time, for they still exclaim mainly against sin to discharge their duties, they cry out continually against all usurers with open mouth, and in all their sermons, and yet, what avails it? nothing at al. The reason is, for that the civil magistrate doth not join with them, and see that executed by censures of the law, which they so earnestly rebuke in the pulpit, and show forth gods threats most vehemently, for such sins so much suffered, and so little punished. For what sayeth the lewd man, when the good preacher hath done? See how properly he girds at the matter, yonder sellie man (sayeth he) hath said, but he can do no more, thanks be to god. And fond is the man, sayeth the usurer to others, whatsoever he be, that will not suffer a poor simple preacher to have his words, when others have the deeds, and live in all wealth and jollity in this world. Lord god sand to England some Solon, for this redress, who took away the usurers books and their gains from them, & forbade such filthy lucre, & brought in novas tabulas, which are said in greek to be Seivachtheia, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as who should say, an easement of a burdeine. For that all debtors were discharged from all such creditors that had lent their money for usury and gain, or at the lest wise, were eased from the usury of it. Thus did Solon in the detestation of usury, a sharp kind of dealing no doubt, and a strange: but in great diseases, sharp corrysives must needs be used, when lenitives will not serve. And shall I name one, that hath been in our age, and wish him now a live, to cure so great a cancer? Would god England had a Cromwell, I will say no more. I do read, that long before the conquest, king Edgare, that just governor and severe magistrate against all lewd officers and extortioners in this land, did amongst his other good deeds make proclamation to have all the wolves killed in England and Wales, because they were ravenous beasts, and devourers of sheep and other cattle, to the great harm and hindrance of his subjects. And to have this the better done, he appointed many to pay for their fines and revenues, wolves heads yearly: some more, and some less, and such as could not bring wolves heads in, paid their fines and revenues in money. Now such force took this good order in this land, that within a while, there was not a wolf to be had, neither in England▪ nor yet in wales. And Laudwallus prince of Wales brought in 300. wolves heads in one year for his tribute, which he was bound to pays yearly. And afterwards when no more wolves heads were to be had, he paid to the king a certain yearly revenue. This was a good deed surely, and a gracious proclamation: for since that time, which is six hundredth and odd years passed, no wolves have troubled this land. Now if your lordship, with others could procure by your good means, that in your time, there might be never an usurers head in England: I do think you should do a greater good deed to this land, than ever was done by killing of wolves. For these be the greedy cormoraunte wolves in deed, that ravin up both beast and man, who whiles they walk in sheep skins, do covertly devour the flock of England, under colour of their wealth & sergeant honesty. And what if there were therefore a law to search out these hypocrites, and to unuisar these masking minions, and such as they be, that make war of set purpose against god and his laws, that strive so maynelye against his holy will and commandments. And the same law to be so executed, that as wolves have been rid out of this land, they should all likewise either suffer the pains of death, or be banished this realm for ever, that there might hereafter no more usurers be found in England, than are wolves to be had here at this day? I do think surely, this would be as sweet a smelling sacrifice in the sight of god, as ever was offered since England was first converted to the faith. King David praying god to send unto his son Solomon judgement and righteousness, saith that his son being assisted by the mighty power of god, shallbe honoured of all princes upon earth, because he should deliver the people from usury. A great good deed no doubt, and worthy of such great honour as Solomon afterwards enjoyed, and a very meet example for all princes to follow, that they might have like honour. And touching a law to be made, I do not see, but it is as necessary to have one against usurers as against thieves, and a great deal more. For thieves steal many times for necessity, whereas usurers rob and undo all men, for greedy gluttony. The one stealeth a crown in the high way, the other robbeth men in the high street, of all that they have: the one stealeth a little, to sustain nature: the other scratcheth up the whole treasure of England, to serve his own covetous and wretched desire, to the utter undoing of thousands. Therefore it were good, these usurers were all gone one way or other, out of this realm, for here in England they do no good at all, nay, they do all the mischief that is done, and willbe the cause of utter ruin to this land, if they be not taken up in time, and cut shorter by the heads. Good men therefore must have this care to sift out lewd men, and till governors give good example of good life, evil men will continued to be evil stil. But if this law seem bloody, although the hanging of poor wretches for small matters, is counted nothing bloody at all: then would I, that the old laws of England were put in execution, such as are called king Edward's laws, or the common laws of England, whereof one was, that the goods of an usurer after his decease, should turn to the benefit of the prince, when twelve men had found by proof, that the party deceased was an usurer in his life time. For in those days, no inquiry was made by verdict so long as a man lived, whether he was an usurer or no: but the matter was referred wholly to that ecclesiastical laws during men's lives. This I think would make the fewer usurers, when twelve men should be triers after their deceases what trade they used in their life, and finding them by proof to have committed usury (which as Glanuil sayeth, Glann. l●. 7. 〈◊〉. 16. & li. 10. 〈◊〉. 3 is then done when any thing is received over and above the principal) to give up strait ways the dead man's goods from his heirs, executors and assigns, to the prince and governor of the land. But some will say, if the laws were put in execution, it would turn to the hurt of all men, for that none would lend hereafter to any body, either more or less, and need there willbe always, as there hath been heretofore. I do answer, and say, that the hungry desire of man, doth enforce need many times further, then there is cause of need in deed, seeking for a great deal more in all things, than nature craveth. To whose sufficience, if man's greedy appetite, could answer, and yield themselves content, with the blessed fruit of this little paradise of England, one man should have little cause to borrow of an other. Or if they had can see (as I cannot deny but need may be, & that great need sometimes,) yet if men were enured▪ with the fear of god, and acquainted to lend freely, and to do to others, as they would that others should do to them: I would not doubt, but that charity would abound universally, and the most would be as loath to lend for gain, as they would be loath to kill, or to murder a man by the high way side. And I trust also that men would then as fast run from a known usurer, as they would fly now from a mad dog, or rather from the devil himself, if they saw him in his likeness. But what do these worldlings now a days? They do not lend to help the need of others, but to benefit themselves, and where they find the greatest unthrift, that hath lands, or other livings left unto him: there they willbe most ready, to feed him in his ryott and vimecessarie expenses, making their gain to be his chiefest hurt, yea a greater hurt in deed, than all his wilful and foolish charges otherwise, as may well appear in the discourse of this my devised book. Whereas they that fear god, and will be such men in deed, as they would seem to be, should not deal in this sort, but following their trade, in what vocation soever it be, ought to help the needy and worthy parson, with some part of those goods, that they have lawfully gotten by their trade and manner of living, whereby they may receive usury at gods hands, who doth give an hundred for one, to all them that give or lend freely for his sake. Thus I have boldly, and I trust with gods spirit moved your honour to look well to your charge and calling, desiring you to take in good part my good meaning, for my desire is, that my natural country, might be perfect and blessed, without danger of evil, or infection of mischief, to corrupt this state, or destroy this noble land. And the boulder I am to deal thus with your honour before others, because I have known you, and that noble race of your brethren, even from their young years. And with your honour, and that famous earl of Warwick deceased, and your noble brother, now earl of Warwick living, I have had more familiar conference, then with the rest: and especially with your honour (I do thank you most humbly therefore) I have had sufficient proof of your careful mind, even in reading not only of the latin, but also of the Italian good & and sound writers, to know and to understand the best used government, and the chief laws that have been made in all ages. And as your mind hath been thus godly inclined to know, so it appeareth very well, you have ever had a good mind, to put your knowledge in practice. And this must I say, that gods providence is greatly showed in this behalf, and the queen's majesties blessed estate most evidently appeareth to be the stronger, in that it hath pleased her highness, to have chosen so stayed & so discrete a noble man, as you are, to deal in the affairs of the state. For I know, and therefore will not fear to say, that you have been next to the Queen's majesties most mild and gracious disposition, a great help and mean of this most calm and merciful government, a thing so joyful to all good people as nothing can be more: although it hath plainly fallen out in proof, that both the Queen's mercy & your nature hath been greatly abused, and the prince's goodness especially most unthankfully recompensed. Whereupon her majesty hath been enforced much against her nature, to use the sword, a thing so needful when gentle means will not serve, that without so doing no state could stand, nor man could live. And such hath this world been, is, and willbe ever, that princes upon cause must do, & in reason are bound to do that which they would not of themselves do, if it were not for very necessity, to avoid a greater inconvenience. And therefore are counsellors about a prince, that they might always give the best counsel, and procure thereby the safety both of prince and state, that when clemency will not serve, they may use the contrary. But amongst all other needful advertisements, I do wish that your honour and others of your calling should never at any time let slip any good occasion offered for the welfare of England, much less to be careless in that great trust, which is committed unto you. And therefore as the master of a ship, hath ever an eye to keep a right course, a physician always a good mind to heal his patient, a captain evermore a careful head, to get the victory: even so my good lord, I pray god you may be a faithful counsellor to the prince, and a watchful magistrate to the people, to the advancement of gods most holy word, and for the welfare of this land. And so to care for the whole body of the state, that whilst you take the defence of some one part, you do not leave other parts of the state undefended or smallly esteemed. Thus if you do, as I pray god you may do, and I hope in god, you will do no less: I do well assure myself, that usury amongst other faults will no more show her face hereafter in England, than the staring Owl, will look upon the bright sun, or the fearful mouse, abide the wily cat. And I hope, that by such good means, this noble real me will greatly flourish, and the people will become every day better and better: and in might wax strong: in riches, plentiful: in renown, famous: in virtue, honest, and in religion zealous. All which blessed and happy welfare, god grant for his sons sake Jesus Christ, in whom your honour, & all others do live, move, and have a being, whose name be therefore praised for ever. Amen. From the Queen's majesties hospital at saint Katheryne's, this twenty of July. 1569. ¶ A Christian Prologue to the Christian reader. SOme will count me fond, that of mine own fancy unconstrained, have chosen rather to hazard danger of blame, by entering to touch this matter of usury, standing thereby to other men's courtesies, for pardon of my fault: then by sitting still, as no meddler in matters of the world, to be without blame or fault at all. One sayeth to me, what have you to do, to wrestle thus with usury? what will you get by it, not a penny the more willbe lent you for making any such book, be you well assured: nay, you shall the rather want, when you would have, trust unto it upon my word. In this first onset, I am thus jumped withal by some men, for dealing in this sort with matters of usury. Well I am sorry to offend any, and surely my mind is to do good unto al. For I protest before god I do not mean evil to any man, but wish the best I can, to one & other. And sorry I am, that good meaning & well, should be hurtful to me, or offensive to any body else. And yet such is the world, the galled horse will not be rubbeth: men that are most faulty, can least abide rebukes, and plain men for telling truth, many times beshrew themselves, being well assured, that it is as certain a thing, as it is a common saying, Veritas odium parit, Truth purchaseth hatred. I know in deed that plainness of speech, and freedom of tongue, in deciphering sin, and advancing virtue, are not the best ways to thrive by, for it is not rare, that many a man hath come to great wealth, which never knew what virtue nor honesty meant in all his life. Yea, there be some that have solemnly vowed, never to be of that religion, that smelleth of poverty, they had rather be rich with Alexander, then poor with Christ. A horrible kind of speech, first money say they, and then honesty will follow of course: for what is wisdom, learning or honesty? It is money (man) say they, that makes a man to be taken for wise, honest, valiant, mighty, yea, and for a kings fellow too. This opinion have many men, and I fear it be the creed of the world at this time. And thus I have lost all my credit, and shall not be worth a groat here after, if wicked mammon or man's malice be ever of power to keep me under. And then had it not been a great deal better for me, to have played and done nothing, then thus to take pains, and loose all things? Well, of this one thing I am well assured, that god will not forsake them, that put their trust in him, but will reward them more largely than man's will is to give or his power to get. And I hope better of their courtesies, then to have such discurtesy at their hands. And this will I say, he that will do as I have said, he shallbe richer than the proudest of them al. And let them not say that I am such an enemy to usury that I will have none at all to be used. For I am an usurer myself so far forth as I am able, I would they knew it, and I will teach others to be greater usurers than I am myself, and show them how to gain more in a day, than others are able to get in seven years. Do therefore O ye men of this world, as I shall teach you, and you shallbe such men, as hereafter you will bless me. Lend to your poor neighbours in time of their great need, for gain on god's name, and put out your money to them for usury, in such sort of usury I mean, as god hath commanded you to use, and you shall yearly, daily, and hourly reap infinite gain. For as god is better able to reward you then man: so will he for his promise sake, make you recompense with increase infinytely. And as he saith, if you give but a draft of water in his name, and for his sake, you shall not loose your reward. The just man is full of compassion, as the Prophet Davyd sayeth, and doth lend. Be you therefore just men, O ye worldlings, and let others have that to occupy, which lieth idle by you, and lend freely, not hoping so much as for the principal again, that you may heap gain to yourselves, from god plentifully. For I tell you, this is a spiritual usury, which is the right usury in deed, and such as Christ would have used in the 19 chapter of the gospel after Saint Matthew where he sayeth. Why wouldst thou not put out my money to the banker? that is, why didst thou not bestow my grace and my gifts to the profit of others, by communicating the same among them? Thus spiritual usury is called the multiplication of the gifts, and graces of god. Thus by a little travail, a man may win an hundred fold meed in heaven. Who would not labour in time of harvest to get in corn? And what other thing is this world than an harvest for good men, to glean the poor into their barns. And be it, that the party unto whom you have lent is poor & not able to repay you, yet you are sure of this, the party that borrowed, will thank you, if there be any honesty in him at all, and will desire god to reward and prospero your doings, & god will hear his prayer that is not able to pay. And is not this a good recompense? But be it that some one being able to pay, is yet not only unthankful in words, but defraudeth you in deed of your own: as you may have your remedy against the man, so assure yourself that god even in such cases will reward you, with his grace & mercy without any ask or prayer made to him at al. For it is thus written in the book of jesus of Sirach. Qui facit misericordiam foe nerat proximo. He that useth pity and compassion, doth lend upon usury to his neighbour, and god will pay that usury himself. And therefore it is said farther in that chapter. There be many which are not glad for to lend, not because of evil, but they fear to loose the thing that they did lend. Have thou patience herein O man with the simple (saith the text) and withhold not mercy from him, help the poor for the commandments sake, and let him not go empty from thee because of his necessity. Leese thy money for thy brother and neighbour's sake, and bury it not under a stone where it rusteth and corrupteth. Gather thy treasure after the commandments of the highest, and so shall it bring thee more profit than gold. Lay up thy alms in the hand of the poor, and it shall keep thee from all evil. Thus far jesus the son of sirach with a great deal more, full of much comfort, for all those that lend their money out, to receive usury at gods hands. Which usury god grant all men may use daily and howerlye to their Christian brethren: for their reward shall be great in heaven, that for Christ's sake lend freely unto men upon earth. Neither is hear any loss to him that dareth in such sort, but rather unspeakable gain, such as neither heart can think, nor tongue can utter, nor eye hath seen. If a man in this world gain a pound for a penny, it is thought a wonder, and yet god giveth to them, that give for his sake, thousands more than is gained in this proportion. For he giveth for transitory trash, eternal treasure: for brittle metal, assured welfare: for money, mercy: for gold, all goodness: and for this frail world here, the world that never hath end hereafter. Thus you see, this usury is good and praise worthy, such as will heap more treasure to man in one moment, than all the gold mounteth unto, that all the Bankers have in the wide world beside. Happy is he therefore, that is such an usurer, and I pray god all men may be such usurers hereafter in deed. For whatsoever men loose by this means upon earth, they are sure to find the same again in heaven. And what loss I pray you hath he, that when his debtor faileth him, god receiveth him? and when the debtor payeth not, god payeth the debt for him? An happy exchange no doubt, say I, yea and a blessed alteration. The poor man is bound to pay, and god is his surety, and will pay the debt himself, if the poor man be decayed, and not able to answer the sum: yea let men be never so unthankful, god will for his promise sake pay all men's debts. And because a man may be the surer, god layeth in a pawn, which is his heavenly gospel, than the which no greater nor surer gain can be laid out for man's behoof upon earth. We see if a man need money in this world, and hath a known rich man to be his surety, every man is ready to lend for gain. And is the lord of heaven and earth, he that made the world and all that therein is, a poor man in your sight my rich masters? will you not trust him, that made you all of naught? that gave you freely all that you have, and without whom you can have nothing? that suffereth the Sun to shine upon you through his mercy, that sendeth rain in due season, that ruleth the heavens, and the course thereof, for your only benefit? And doubt you now good sirs, that this lord of ours, being lord of all lords, is not a sufficient surety to pay unto you your own again, and to recompense you to the uttermost farthing? If the servant should mistrust his just master, the tenant his good landlord, the son his loving father, it would be thought, that any of these were lewd folk in their so doing. And shall we not think them most worthy of blame, that mistrust the goodness of god, who is master, lord, and father over all creatures living, and the only creator of mankind, by whom all creatures breath, live and have their being, and without whom all flesh is nothing but confusion, shame, and the very outcasts of this wretched world? But now, touching the company that is to talk in this treatise, you shall understand gentle reader, that no man, nor yet any profession or calling is especially touched in this report that I have to make, but only a rehearsal made of speech that hath passed. Which I thought good for the variety thereof, and for the better setting forth of god's glory, to commit to writing, and so to the print, that all men may see and read the matter, and thereupon do, as god shall give them grace. Their names I have given unto them in greek and English, calling the preacher, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I do english, Ockerfoe, as enemy to usury. The merchant I do name, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom I do term, Gromel gainer, and for shortness, writ him sometime Gromel, calling him most by the name of merchant. The Civilian, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and so advocate or Civilian. The Lawyer, because I know temporal law is wholly against usury, as much as the Cannon law, or scripture itself: I do christian him, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, counting him hear in deed not much better than a pettifogger in law, as one that sometimes hath studied a little law, being yet never allowed in any Inn of Court or Chancery for his learning, and assuring myself that no utter barrister, much less any Counsellor in law, will allow his opinion: calling him Lawyer notwithstanding, for modesty sake, because the other name is odious, and none would willingly in deed be termed as they are, especially when the name concerneth either wit or learning. And yet to see the world, none are so ready to defend usury as those are, that have the lest understanding in any profession. And so I am bold to use this name pettifogger, whom for courtesy sake, and for good manner, I do call Lawyer, although no lawyer in deed, doth or will allow of usury, but the unlearned only that presume oftentimes to deal in higher matters, than the elder and wiser sort of men willingly do, or dare affirm certainly upon their knowledge. God be merciful unto us, & make one and other of all professions, good usurers in the lord, that we may lend plentifully and freely, and trusting in gods goodness may receive reward at his hand in that day. And thus till then far you well in Christ jesus, to whom be all honour praise and glory for ever & ever Amen. The names of the speakers in this dialogue. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Ockerfoe, the Preacher or enemy to usury. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gromel gainer, the wrong merchant or evil occupier. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Advocate or Civilian. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lawyer, or rather petischoler in law. ¶ A letter found in the study of the right reverend father in god, and most godly pastor of Christ's flock, John late bishop of Salisburye, within certain months after his forsaking this earthly dwelling, which letter was sent to the author of this treatise by John Garbrande, master of art in Oxford, & Prebendary of Salisbury, who had by legacy given unto him, by the foresaid godly father, all his papers, writings, and notes of all his travail in god's vinyeard, and other devices of learning whatsoever. I Have perused your learned and godly travail touching the matter of usury, M. D. Wilson, and have no doubt, but if it may please you to make it common: very much good may grow of it. Such variety of matter, such weight of reasons, such examples of antiquity, such authority of doctors both Greeks and latins, such allegation of laws not only Civil, and Canon, but also provincial and temporal, such variety of cases so learnedly and so clearly answered, such learning, such eloquence, and so evident witness of gods holy will, can never possibly pass in vain. I will not flatter you, I cannot, it becometh me not. I assure you, I like all notably well: Si quid mei est judicij, and if my liking be worth the liking. But of all other things this liketh me best. Of the three parties, you make each one to speak naturally like himself, as if you had been in each of them, or they in you. What it shall work in other I can not tell, for mine own part, if I wear an usurer never so greedily bend to spoil and ravin, ut sunt faeneratores, yet would I think myself most unhappy, if such persuasions, could not move me. For what man would not be afraid, to live desperately in that state of life, that he seethe manifestly condemned by heathens, by Christians, by the old fathers, by the ancient counsels, by Emperors, by Bishops, by decrees, by Canons, by all sects of all regions, & of all religions, by the Gospel of Chryst, by the mouth of god? Ago breviter, ut vides, non enim id mihi sumo, ut damnem large hoc tám horrendum peccatum, id tibi relinquo. ut vivat liber, usura pereat From Salisbury this 20. of August, 1569. Guilielmus Wickham, Capella nus serenissimae Reginae nostrae Elizabethae. Doctus es, & pius es, Wilsone, quis abnuat istud? Qui vel opus praesens, script due prima legat. Nam, nisi doctrina praestante, quis obsecro posset Rhetoricae, ac Logicae verba Britanna dare? Et, nisi perrara pietate, quis obsecro vellet, Vsurae scripto prodere damna libro? Ergo nisi indoctus nemo tunc illa notavit, Nec nisi perdemens hoc reprehendit opus. ¶ johannes Garbrandus Oxoniensis. Foenore qui lucrum facit, est homicida Catoni, Furti dupla, huius quadrupla mulcta fuit. Non facit haeredem, privatur honore sepulchri Qui tenues lucro foenoris auget opes. Sermo sacer, patres, pius omnis damnat, at una (quae docet errores) Consuetudo probat. Tu, qui a supplicibus stas, vir reverend, libellis Consilio, penna, dexteritate premes. Prodeat egregius tuus ensis, praestet acumen Et deus, & metuens, regia virgo, deum. ¶ In Thomae Wilsoni, hominis Doctissimi, legúmque civilium Romanarum. D. ac serenissimae nostrae Reginae a supplicum libellis, librum de foenore, joannis Coci carmen. Est patriae Wilsonus amans, populique salutis, Et graviter patitur publica damna seri. Hinc multae populo labes, & crebra ruinis Fulmina, communi visa nocere rei. Sed mala dum trutina vigili per singula lustrat, Nil avido reperit foenore deterius. Nam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 epascit populo cum sanguine fibras, Et 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 misero, laethifer, usque necem. Esse Cato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 homines occidere censet, Cum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, exposito in foenus, ab aere venit. Nam nihil, aut fumos locat is, qui tempora vendit, Aut si quid vendit, vendit amicitiam. Merx praeclara quidem, ulli si venalis honestè: Quae, nisi gratuita est, non sit amicitia. Nulla potest virtus nam mercaenaria nomen, Naturaeuè not as empta tenere suae. Nam proiecta for as, alienos spectat ad usus Vitae hominum cultrix, officijque parens. Non sua corradit, non mutua conficit atrox, Lucra nec ex damno quaeritat alterius. Non fugitat lucem, nec vult, obscura latebris, Turpia per quaestus aera vocare domum. Prodit enim crimen latitans usura pudendum, Horret & infames autor ab arte notas. At tam tetra lues, hominum sublata saluti, Conuersa rerum, concidat ipsa, vice. Dumque parit, pereat, miserandae bellua plebis, Exitio sceleri convenient suo. Sed Wilsonus ovans caedendis floreat hydris, Quas alit infandas publica laerna mali. Acris & Herculeos exantlet mill labores, Vt pariat patriae commoda mill suae. ¶ Faults escaped. ¶ In the Epistel, fol 4 evil lawyers, read evil livers, In the prologue fo 5. pag. 2. and well, read and well doing. fol. 53. conveant, read covenant, fol. 54. pag. 2. get, read give, fol. 63. images, read examples, fo. 77. pag. 2. borne, which all, read borne with all, fo. 97. pag. 2. equal property, read equal proportion, fol 12, delivery, read deliverer, fol. 122. pag. 2. bearing, read bring, fol. 123. pag. 2. should set, read do set. fo. 126. pa. 2. this permission exchange, read this merchandizing exchange. In the conclusion pag. 4. give my head, read give you my head. ¶ A Communication or Speech between the rich worldly merchant, the godly & zealous preacher, the temporal and civil lawyers, touching usury, or the lone of money for gain. ABout two years passed (as I remember) a jolly merchant of London, after he had heard a most earnest sermon against ulurye in his parish Church, did in vite the preacher to dinner, having purposed before to have certain of his friends & acquaintance the same day at dinner also with him, amongst whom, a gentleman one towards the law, meanly studied, and yet of a goodly wit, & great boldness, was a bidden gheast, who having been likewise at the same sermon, came immediately after that the sermon was done, to the merchants house, where the preacher and he meeting together, each desired other of more acquaintance, and the merchant in his solemn manner, as soon as he saw them both, said thus unto them. Now in good sooth my masters, you are heartily welcome, and you good master preacher are welcome with all my heart, and I thank you for your manifold preachings bestowed amongst us, specially for this days sermon: for by Saint mary you have shot your arrow to the mark, and it cannot be, but much good will come of this your preaching, and therefore you are welcome heartily, and I pray you be covered. Preacher. God grant that any my words may edify any one for his soul health, and then might I the better rejoice in my poor travail, but I fear me, there is much corn sown upon the hard rocks and high ways that want moisture. Merchant. Well well, all shallbe well I trust, and god forgive us al. Lawyer. As I have heard you this day master preacher, so have I given you an ear heretofore, and have many times wished that I might have had some private talk with you, for my better understanding, and more famylyarity with you. Merchant, Nay, if you be disposed to talk, I pray you pause the matter till after dinner, and then we will spend time, according to pointment, for an hour or two in my garden, where ye shall have a pleasant sweet arbour to sit in, I thank my sweet wife hear for it. In the mean season, let us be friendly merry, and use our cheer as god hath sent it, for in good sooth you are welcome at a word. I did look for more gheastes, and amongst others, for master doctor of the Arches, but he had rather be at his ordinary in the Arches amongst his fellows my masters the doctors there, then at this kind of diet, howbeit I think he will not fail me in the after noon, for wot ye what master preacher, I have desired him of purpose to come and use conference with us, if you be so contented. Preacher. I am well contented sir with your appointment. Hereupon the merchant took his place and called his gheastes unto him, and as merry as a Pie, made them very good cheer. And all the dinner time was passed over, with none other talk, but of the good order of the City, and what an honourable state it was, and how christendom through, the like cheer was not at an officers board, as the lord majors table carried, for that was specially the honour of England, all which speech was soothed almost by every body, & gloriously extolled for that present. The Lawyer amongst all others at that table, had most talk, as he that thought himself most worthy, for as he had a good ready wit, so wanted he neither boldness, nor utterance to set it forth, as commonly lawyers have plenty of both. The Preacher having his head hammering upon another steethy, used seldom any speech but lifting his eyes often to heaven, seemed to sit in some mislykinge with the world, as I take it. notwithstanding, he was remembered by the merchant, master Lawyer, and others to be merry as they were. When dinner was done, the Lawyer forgot not to put the merchant in mind of his garden & fair arbour, who commanded his kinsman & apprentice to provide cushyns, and to make all things ready. And so the rest of the gheastes being courteously dispacched, they three with one or two others of the house being there, and the apprentice standing by, after the merchant had said somewhat of his comely arbour and garden, and they also allowed very well the beauty of it, the Preacher, domping in a deep concept, as one carried with the zeal of god, and being asked what he thought of the world, began in this manner. Preacher. It is very certain as I take it, the world is almost at an end. Merchant. What is the matter sir? belike you are weary of the world. Lawyer. Not, not weary of the world, but I think him angry with the world, for he heateth divers times at it, showing always a marvelous zeal against sin, as I remember you did this day. Preacher. The zeal that moveth me, aught to move you, and all others that have any fear of god, or care of life to come. Merchant. Tush, what amounteth your care for the world? you have discharged your duty, let the world care for itself, & let every one answer for his own doings. Lord god, what should you be so much grieved inwardly? Preacher. I will tell you sir, doctrine doth greatly abound, sin in all kind is sharply rebuked, and yet none or few do amend their lives. Lawyer. That is not so, there is great amendment, and men are better now, than they have been, say you, what you list. Merchant. You say truth sir, except this man will now seek out motes, where great beams wear heretofore. Preacher. I pray god the beams be not greater now than ever they were, such untruth, such extortion, such malice, such dissimulation, such uncharytablenes, such horrible usury was never seen in any time. Merchant. Preachers may descant generally at their pleasures, & random in the pulpit at liberty, to fear men from sin, but with your leave, if you search every man particularly, you shall find great change and amendment of life. Preacher. Would god it were as you say. Lawyer. Wherewith do you charge this world most? Preacher. With all kind of sin, and especially with want of Charity. Merchant. Nay then you rove add Ephesios'. I pray you sir, when saw you a more charitable or more quiet time, than this is now, saving only that beastly unquiet storm which lately rose in the north? Preacher. Peace in appearance appeareth, and thanks be to god, and to the Queen's majesty, we are now void of civil debate, and of outward dissension, and yet I say we want charity. Lawyer. That is, because you churchemen have not so much wealth, as you wear wont to have. Preacher. Not so sir, for I think the church is very well provided for, but I say generally, charity waxeth cold, the poor neighbour is not beloved, as he aught to be, his need neglected, his miserable & wretched estate forgotten. Lawyer. You would have men give to all that ask for god's sake, would ye? so loiterers and vagabonds should be maintained. Preacher. None speak more against idle folk and sturdy beggars, than the preachers do, but I say, the poor householder, and the honest meaning man (who seeketh by good & lawful means to live) is forgotten. Merchant. You may say your pleasure, but I know that they are now more relieved by the rich, than they have been heretofore, aswell with money as with friendly counsel. Preacher. What your counsel is, I know not, and I pray god it be such, as you aught to give, and as you would have given to yourselves, if you stood in need, but touching lending of money, I think men rather seek their own gain, than any thing the benefit of their Christian neighbour. Lawyer. Nay both, & who I pray you would lend, but to have some benefit of his money, and is that any harm, when both do gayen? Merchant. God's blessing of your heart for so saying, for I did never lend money in my life, but for gain, and whether my neighbour gained or Noah, I know not, I wished well unto him, but by saint mary, I would be sure first to do well myself, whatsoever came of him. Preacher. Herein you wanted charity, and showed yourself not to be a perfect Christian. Lawyer. I can not tell what you call a Christian, they that will live in this world must do so, and I warrant you master merchant doth nothing, but he hath law for him. Merchant. Yea marry have I, & I thank you for it. I deal surely for fear of claps, the world is naught, and full of decept, every man hath an eye to the rich man, to take him at advantage. Preacher. God grant your law dealing be grounded upon a good conscience, for I fear me, you care not who smart, so you farewell. Lawyer. Soft and fair good sir, better speech were better, but I pray you, tell me in good faith, what mean you to be so grieved with this world? Belike you cannot have that you would, or have not that others have, and therefore you are grieved. Preacher. Not surely I am contented with mine estate, and a very little thing satisfieth nature, a king cannot have more than food and clothing to withstand hunger and cold, which you see I have, and I thank god for it. Merchant. In deed you have enough, and what should you do with more, that profess contempt of this world? Plenty belongeth to us, that are worldlings, and travail for it to help others, if we list, and to enrich ourselves to the uttermost, for as I take it, a merchant should not be stinted. Lawyer. In deed your treasure is the welfare of the realm and country where you dwell, and where merchants are not cherished, that country or realm will soon perish. Preacher. Lawful trading and adventuring to bring in our want and to carry out our plenty hath ever been allowed, and without such traffic no country, nor kingdom can flourish. Lawyer. In deed, they are the only merchants, to be esteemed above all others, as for such as engross wares to themselves, which are brought in by others, because they themselves would have the sale of them alone, they are no better than forstallers and regrators of the market, a manner of men truly unworthy to live in a common weal. And touching retailers at home, I can not skill of them, I place them in a lower degree, as not worthy the name of merchants, but of huckesters, or chapmen of choice, who retailing small wares, are not able to better their own estate, but with falsehood, lying and perjury, binding oft-times the utterance of their petty sales with an huge oath, swearing to every body almost every hour in the day, that this and that standeth them in so much, when so much it cost not, by very much, Merchant adventerer a lords fellow in dignity whereas the merchant adventurer, is and may be taken for a lords fellow in dignity, aswell for his hardy adventuring upon the seas, to carry out our plenty, as for his royal and noble whole sales, that he makes to divers men upon his return, when he bringeth in our want, and therefore to be highly chearyshed, and worthy to hear office in any well governed common weal. Merchant. You say well for us sir, but I pray you for all that, how are we cherished, that are so racked with great custom, even for vyctualles, and not only that, but for all other merchandizes. Preacher. Tribute and custom are due unto the prince by god's law, and therefore you must not grudge to yield custom, but give willingly and frankly unto Caesar that which is proper unto Caesar, Math. ca 22 and unto god, that which is proper unto god. If you think the burden and payment intolerable, be humble suitors unto the magistrates, and if your demand can be proved & found reasonable, I doubt not, but you shall find release or ease: In the mean season, grudge not to pay that is appointed you by order to pay, and pay it truly, or else god will punish your theft and fraud, for by none other terms can I call them. The tasks and tallages which are levied upon other people in strange countries, if I should tell them you, what would you say to them? where in some place the prince hath the yearly fift part of every man's goods, in other places the fourth, yea & in some places the third, would you not say this were a miserable and pitiful hearing? and therefore I say, English subjects live in marvelous exemption and liberty, in comparison of other nations. Lawyer. As they live in great freedom, so they live most godly, in comparison of others, for I pray you, how little whoredom is there in England, in comparison of other countries? the religion pure, and all men ashamed to sin. Merchant. Do you not see how vagabonds are whipped, and whoremongers carted, which is not used in other countries, yea, and hospitality better maintained in England, then in any place else in Christendom. Preacher. I do not deny but religion is truly taught openly every where, uncleanliness punished somewhere, and idleness whipped somewhere, and hospytalytie kept after a sort somewhere, but yet I say, we are not clear from other faults that are great and horrible enough, and I think the like not used in other countries. This must I say of other nations, they are more unwilling to offend in those things that hurt a common weal than we are. As, look what generally is noisome to the state, no man will seek to get by licence, nor otherwise by dealing against the common welfare, because they prefer the wealth of their country, before their own commodity: yea positive laws and statutes are better obeyed abroad in all states, than they are here in England, and the superiors in other realms give better example in following that laws, of their country, and less offend the state, than our great men and governors in England do. Theaft is counted so horrible amongst some nations, that men commonly will rather starve then steal, and here in England, he that can rob a man by the high way, is called a tall fellow. Again, they do less oppress their neighbours elsewhere, they are more temperate in their speech, & more spare of dyett then we commonly are. And, that which grieveth me most in this land, less extortioners, and lesser usurers elsewhere then are here in England. Lawyer. All countries have their faults, and I cannot excuse England, but yet I will not so accuse my country, that I will make it altogether worse than others. The flemings and high Almains are subject most to drunkenness, the italian to revenge wrongs by murder, and otherwise to sin horribly in such sort, as is not to be named, although that same heinous filthiness is not only used there. The French man is charged with furious rashness, and overmuch intermeddling in all causes and states, the spaniard with intolerable pride and disdain against all others, the Portyngall with overmuch superstition in religion, & simplicity of life, the Scottyshman with bragging and lying, the english man, with gluttony, in stead of hospitality, with much theft to set forth his bravery, and sometimes treason for desire of innovation. And as every one of these countries hath his especial faults, so have they their proper virtues & several qualities, more excellent than any other nation. Preacher. My desire is, that England might be most perfect and without any fault, if it were possible, & would Christ there were none other fault in England then gluttony in the most, theft in many mean men, and treason in some great folk. But I say there wanteth charity, without which, there cannot be perfection in any man: for let there be never so great appearance of virtue otherwise, in whom soever charity is wanting, there cannot be any virtue at all, and therefore saint Paul saith. Valct fides in Christo, Galath. 5. quae per charitatem operatur, That faith in Christ is of force that worketh by charity, as who should say, where charity wanteth, faith is of no value, let men brag and talk never so much of their belief. For as saint Paul saith, likewise in an other place. Though I speak with the tongues of men and angels and yet have no love, 1. Corinth. 13. I am even as a sounding brass, or as a tyncling cymbal, and though I could prophesy, and understand all secrets, & all knowledge, yea if I had all faith, so that I could move mountains out of their places, and yet had no love, I were nothing. And though I bestowed all my goods to feed the poor, and though I gave my body even that I burned, and yet had no love, it would profit me nothing. Love suffereth long, and is courteous, love envieth not, love doth not frowardly, swelleth not, dealeth not dishonestly, seeketh not her own, is not provoked to anger, thinketh not evil, rejoiceth not in iniquity, but rejoiceth in the truth, suffereth all things, believeth allthings, hopeth all things, endureth all things, Yea though that prophesying fail, either tongues shall seize, or knowledge vanish away, yet love faileth never. Merchant. I am never out of charity, but when I cannot get my money in, and then in deed I do chafe and fret, and think myself not well used, when they do break day with me, but at length, I anger them worse than they anger me, when I have driven them to an owtlawrye, for a bargain is a bargain: and I will not forgive a penny to none of them all. Preacher. Then I see well, if you will not forgive, you will hardly give freely. Merchant. Let them give on god's name that cannot tell what to do with their money, I had rather have of mine own, then borrow of another man, and I do not know what need I may have another day, store sir, is no sore. Lawyer. By, my small honesty sir, you do wisely to be your own friend, and to live so, that you need not the help of an other, and better it is to have too much, then too little, and sooner may a man take away, then put to: yea and a more blessed thing it is, ever to be able to get more, then to stand in need to crave much. And I for my part, do love you for your wealth. Preacher. You go about sir, Math. 6. to persuade the rich man that his treasure is his chief assurance and best friend, Luc. 12. whereas he aught to lay up his treasure, where neither moths, nor rust should corrupt and consume it, and so he should have the reward at gods hand, therefore I say still, charitable dealing is the most assured and best wealth that a man can purchase upon earth, for where all other worldly substance faileth, and consumeth away, this continueth for ever, and is a token of perfit christianity, when men show their faith and belief by their good living and well doing. Merchant. When I am dead, I may perhaps do good, but so long as I live, I will save one, and be sure not to want. Lay it up in heaven quod he? a merry jest in deed, so long as I live, I will keep it in a chest, and have the key about me. Lawyer. In deed I must needs say, that wilful poverty is the greatest folly in the world, and for a man to want himself by giving to others, is the eighth deadly sin, the which I call extreme folly, or madness. Preacher. If you will not, when you have it in your own possession, bestow it upon others for Christ's sake, because you fear to want, then be you assured, if you give your goods after your decease when they can do you no good at all, because, than you are not, as being dead and without sense, god will little esteem such almose, which is not worth gramercy: for you must perforce leave all you have, and no thanks if you give them, when you cannot keep them, and do then, and not before leave your goods, when your goods leave you. Therefore I say still, use charity, while you may, and help the needy and poor, and not only lend friendly, but also give freely to your power. Lawyer. Durus est hic sermo: This is a hard thunder bolt, and such a one, as I think all men are afraid of, for very few follow that lesson, say you what you wil But I see you are much grieved with usury, amongst all other sins, and in all your sermons and preachings you rattle so greatly against this offence, that you shake the blood of some, till they blush as red as their cloaks, and many do scratch through your bitter speech, where it ytcheth not. I pray god, that you, who talk so much against usury, may know what usury is, for I fear me you cannot judge so well by divinity what this offence is, as the common lawyers can do, and especially the civilians, who have written largely hereupon, & have also authority to determine what is usury, and who they are, that deserve to be called usurers: for, not all that receive money for money are usurers (this I speak lest you should be deceived) but they that are byters and oppressors of their neighbours with extreme and unmerciful gain, they and none other say I are usurers. And therefore if you will say your mind in learning, I would gladly hear you, and confer with you (if it please you) And when you have said, I will reply, if I think meet, for, I tell you troth, I can for my part aswell hear, as I would be heard, and as gladly learn of others, as I would teach others, and especially I would gladly by arguing know your opinion, because you profess divinity only, in which all truth is couched undoubtedly if it be well and truly understood, but I think, all men do not truly at all times conceive the just meaning and weight of every sentence and controversy. Preacher. None more desirous to hear and to learn than I am: and because you will have me say as much and as long as I will, I will be bold with your patience to utter my mind: And if you will take the like pains after me, I will thank you most heartily, either in allowing or disallowing of mine opinion in any part. Merchant. In good faith you shall do very well to utter both your minds, and I for my part, will lean on my elbow, and be an hearer of you both: but I promise' you I will do as I think meet, say either of you both what you list. I have heard enough if that may serve, either to believe, or to follow, but by saint Grombolde I willbe advised twice before I do once so much as they tell me I should do. Preacher. When gods will is, your heart willbe opened, and before he give you his grace, it is not possible for you to receive and to follow his word, as he hath commanded. I have known them that have been as untoward as you now are, that have through gods mighty grace and goodness been wonderfully altered, to the advancement of his glory, and to their own soul health. Lawyer. He that willbe good, must first hear and learn the known truth of god. And therefore because we are agreed to talk of this matter, I for my part will take this resting place in this fair garden under this arbour, and hear what you can say, and will not speak any one word, but give as diligent ear, as I can, unto you, and make an answer when you have done. Merchant. I see well, here is some sport towards. There will be snapping and snarring, I am well assured before all be done. And wot you what, master Preacher, the world calls you by a nyckename, master Ockerfoe, because you are ever so sharp against usury. Preacher. I do not much pass to be so called, for so I am in deed, an Ockerfoe no doubt, that is, an enemy to usury. But wot you what others call you master merchant? they term you by the name of master Gromell gainer, because you mind nothing so much, as getting of money. Merchant. Contented with that name, for so I am & still mind to be. And therefore go to it my masters, and this I promise' you, I will not say much, either now, or yet when you have done, because I have no learning, although I know how to get a penny, aswell as either of you both, and to keep it also. But I pray god, if your tale be long, that I fall not a sleep, for you see the weather is very hot, and it is in the afternoon, in which time my pastime is to nod a little, if friends or other business let me not, for the physician telleth me, it doth me good, so I do not sleep too much, but take a nap. And to tell you truth, I do love a dish of good meat well. And we merchants must far well by order, because it is the honour of the City, especially if we bear office, and truly good meat is well bestowed on me, for I furnish with it, I have Corpus cum causa, as you may see, stuff and lining it is that I carry. With that they all laughed merely, and the preacher beginnyuge to speak, was interrupted by a kinsman of the merchants that stood by and heard this talk, who as he was young, and gave longer ear than his young head could well endure, so was he very greedy and hungry of the world, and so he might get by bargaining, he cared not which way it came, wherefore making no conscience of gain in traffic and bargaining, he said thus. I pray you sir, let me ask you a question or two before you enter further, for they say lawyers often times tell longer tales, then wise tales, and can better make a collection in their manner, of another man's talk, than fashion a good Oration of their own. And some preachers are not without this fault neither, and yet I do not speak this against you or others that be of the wisest, but for that, seeing you are beginning to tell a tale, I cannot tell how long you would in your speech either of you remember my questions, and satisfy my mind therein. Gromell gainer. Lo, will you see this fellow how he choppeth lodgick? he is my kinsman as you know, and a knavish wit he hath, ye and willbe quarter master with me I tell you, do what I can, and I marvel he hath held his peace so long. Lawyer. Well, say on my friend, we will give you a little hearing. Apprentice. May not a man make the most of his own that he can. Lawyer. yes, if he do it lawfully. Apprentice. I cannot tell what you call lawful. I have five hundeth pound lying by me. Gromell gainer. Yea, and if he had said, a good thousand mark, he had not lied, I may tell you in your ear. Apprentice. What shall I do with all my money? adventure it all in merchaundizes beyond the seas? so may I have a clapp either by shipwreck, or by Pirates, or by evil factors, that all will come to naught. Perhaps you would have me adventure at home, I will do so a little, but because wares rise and fall and no man is certainly assured of gain: I will use one trade that shall without all doubt bring me certain gain, although I sleep upon the one side, and that is with putting my money forth for interest, and taking good assurance. There is no such gain in trading, nor yet so certain, and were it not better to have a great gain and a certain, without travail, and without toil, rather than to stand to an uncertain gain? which as it will never be so great, as the very letting out of my money will make it, so is it got with much hazard of life, and great disquietness of mind and body. I am young and gladly would I learn of mine elders to get goods with ease, and gain money with money, which I take to be a good gain. Ockerfoe. Such gain will turn one day to your loss, if you deal not more charitably with your neighbour. Gromell gainer. Well master Ockerfoe, thus you see that even young knaves such as this is, will seek to advance their living by ease, as well as old folks. But sir knap, talk you no more I charge you, let your elders have the handling of this matter, and be you only a hearer. Do not you know, that therefore you have two ears, and one tongue, because you should hear more than you speak. Apprentice. So have you too sir, and the gentlemen that be hear with you. Gromell gainer. Yea, but you are a boy, and we are men, and therefore we have, or should have, more wit and judgement by reason of our experience, than such as you have, and therefore hold your prate yet once again, and let us not have you malapert any more I charge you. What I say? Lawyer. Your kinsman will obey, be you assured, but I will tell you, this learning is now so well known, that even women, yea and goodman hoyden of the country, in whom a man would think were no craft or subtlety to live, can ask the shilling penny for a week, which in a year amounteth to four shillings & four pence besides the principal, and in a twelvemonth after the lone of a hundred pounds by the year, amounteth to four hundredth pound, which is marvelous strange and uncharitable. And the shilling penny for a month, yieldeth for the loan of an hundredth pound by the year after that rate, an hundredth pound for an hundred. But because this matter is of great weight, and requireth a long discourse, good it were at large to talk of it, against which, because you preachers do in open pulpit so much enueyghe, if it will please you according to our agreement first to say your mind, I will answer you so well as I can. And yet I think lawyers and divines do not in all things agreed in this matter. Gromell gainer. Speak first who list, and make as few usurers as you can, the lesser the better, and my gain there by shallbe the greater, for I think neither of you both will persuade me from lending my money for gain. Ockerfoe. yes by god's grace, I doubt not but you willbe moved with the threats against sin, and change your life upon better advisement. And if it please you master lawyer, I will say my opinion plainly as the scripture doth teach us. Lawyer. say on a god's name, we will give you the hearing. And further, perhaps I will say for my part according to my profession and knowledge: but look who is yonder. Gromell gainer. Now welcome heartily master doctor, I beshrew you because you came not to dinner, you should have been welcome, but you doctors of the commons are wedded to small fare, because you will have your wits fresh to pull money into your purses, and to empty ours, by sharp and quick pleading. Civilian. I thank you sir, our small fare is such, because our bags in deed are thin, and we must measure our bellies by the weight of our purses, for our gain is little, god knoweth, but with your leave my masters all, I am glad to see this wholesome assembly here. Lawyer. You are welcome sir heartily, and you come not unlooked for. Gromell gainer. Now sir, you come (as they say) in puddingtyme, for we are about a matter, wherein you have good skill, especially in this case of usury, whereof we now talk, for that aswell your books do plentifully treat thereof, as your experience is very great by the variety of cases, that come before you. Civilian. What learning I have herein, you may soon hear, but for my experience in hearing cases of this kind, these temporal lawyers do wholly drown our profession, and make us to have the less will to study, because our causes are so few, that come before us, the rest whereof, your law hath taken from us, and so made us almost beggars for lack of the use, and exercise of learning. Lawyer. If time and leisure might serve, I could bring you infinite reasons to prove, that our law is the best, the worthiest, and the most ancient law in the world. And first I will show you. Gromelgainer. Stay there I pray you sir, for when with your first reason, you say you have infinite reasons, you cloy me by and by, for what time will serve for the end of your talk, when your reasons be infinite. Ockerfoe. This matter requireth an other day, & for this time I would wish you both, not to speak further herein, but to bend both your wits for the beating down of usury. Civilian. Content for my part, and with your leave master preacher, I am glad to see you, but to say the truth, for the trial of the laws, your part is now the stronger, for that it is no time now for us, because such as bear authority, are most of all with you: and therefore to speak without prevailing, wear waist of wind and tyme. Lawyer. I fear not to encounter with you at any time, but because we are now in an other matter, I am contented to give ear, and to say somewhat to master preacher, either in allowing or disallowing of his speech, say you to me, what you will afterward. Gromelgayner. I am glad I have two ears (as my boy said) to hear any of you that I think will speak reason. As for master Ockerfoe, I must hear him with both ears, & believe him also, because he is gods messenger: and if god give me grace to follow him, them shall I be happy, therefore say on sir. Ockerfoe. Without god, you can do nothing, who is the giver of all good things, & to him will I pray for you & say, as by his mighty & heavenvly spirit, I shall have grace. Civilian. I am glad, that this good matter is thus offered to be talked & disputed upon, & although I was not here at dinner, yet was I at your sermon master Ockerfoe, and therefore while I am best at leisure to give you the hearing, I pray you say on in god's name, and this I promise' you, I am somewhat armed to say my mind again, for I have often turned my books for this case, & longed for somesuch like conference. Gromelgayner. I am glad to here thus much and therefore I hope to learn some wit by you my masters: for we merchants, have little more than will serve our turns. Our wits are only to get and save against a dear year, & to have always in store, whatsoever may happen unto us. Lawyer. Surely I do long to hear master Ockerfoe, because I would be answering of him, or at the lest wise, utter my simple opinion in this audience. With that, they were all contented to be quiet, saving that the merchant told master Civilian merely, that he had given unto the preacher a nickname, calling him Ockerfoe, & the preacher to hit him home again, called him Gromelgayner, as you have heard, which names were agreed upon for them both. And where the lawyer was no utter Barrister, as one little studied in the laws, scant so good, as a mean attorney: yet he was to be named for modesty's sake, temporal lawyer, being in deed no better than a common pettifogger in law, such as was never allowed in any Inn of court or chancery, notwithstanding his wit, with his experience served him very well. And this being said, thus that preacher began. ¶ Ockerfoe, or the preachers oration. Love god above all things, Deut. 6. and thy neighbour as thyself. Math. 22 This is the law, Mar. 12. and the prophets, saith our saviour Christ. Luc. 20. What is he that in loving god as he aught to do, Rom. 13. would do any one thing contrary to his will? or who esteeming his neighbour as himself, would not do unto him, as he would be done unto? so that in love, is the perfection of the law, and without love, neither god nor man is either honoured, or used, as either of them aught to be. I do see god of his mere goodness made heaven and earth, and all that therein is, framing man above all other creatures unto his own likeness, making him lord over all earthly creatures, as subject unto man, and man for himself. So that we all are nothing else, but the children of one god the father, & brethren unto Christ our saviour. And therefore we should love & live together, as brethren, one helping an others necessity, and in no wise to contemn our own flesh, nor to turn our own face from the poor and needy, My neighbour being known to be honest & of good life, although the world goeth not well with him, cometh to a rich man, to borrow for his relief, either for compassing his necessary affairs, or else for maintenance of his family, the rich man seeing his poor estate, hath no compassion of his want, but saith, if he can put in good sureties, and willbe content to pay for the lone as he may have of others, and as it goeth commonly in the royal exchange, he will lend him thereafter, otherwise he cannot deal, for his money is his living, and it shall not come home as it went out, for so he might have kept it still, without all danger or loss whatsoever. The poor man that must either famish, or take as he is offered, borroweth either in money, which is very seldom, or in wares, which is the common use of the most, to a certain value, & entereth into good bands, and often times layeth a gage better than the goods borrowed, and payeth without mercy such as I am ashamed to name. This I say is against charity, that any man should be so far from love, as he will not lend but for an assured gain, & most sufficient pawn, wherewith god must needs be offended, for that all lending for certain gain, upon most sufficient assurance, is directly against his commandment. For first there is no love, where free lending is not, & where love is not, john 13. there is not god, because god is love, johannis 15. & he that dwelleth in love, 1. johan. 2. dwelleth in god, & god in him. Now god commandeth us to love one another, 5. Matth. as he loved us first, 1. Timoth. 1. & therefore if we will be his disciples & follow him, we must love one an other, because he hath commanded us, & given us an example so to do. And who can say, that he loveth god or his neighbour, when he doth not that which is commanded by god, & is found needful for his christian brother? First it is directly against the law of god & nature in his ten commandments. For it is said. Thou shalt not steal, thou shalt not desire thy neighbour's goods, Exod. 20. & yet whosoever dareth his money for gain, doth steal, and desire the his neighbours goods unlawfully. For what is usury, otherwise than a fraudulent & crafty stealing of an other man's goods, under the colour of law, against the owners will? For I pray you, who doth willingly borrow to pay more than he received? or who is not craftily dealt with all, that is thus entrapped with usury? For beside that god hath utterly forbidden such usury, the same is also an extreme undoing unto the poor borrower, & the assured enriching of the covetus usurer. But because some man may answer & say, why would they borrow them? they might have chosen, & volenti non fit iniuria, that is, to the willing man, no wrong is done. A pretty answer, as though no harm can be done to him, that is willing upon necessity. to receive it. Well, you shall hear what god sayeth expressly, aswell in the old, as in the new testament. Exodus 22. In Exodus the xxij. If thou lend money to any of my people, that is poor by thee, thou shalt not be an usurer unto him, neither shalt thou oppress him with usury. In an other place, Levit. 25. if thy brother be waxen poor, and fall into decay with thee, receive him as a stranger, or a soiorner, & let him live by thee, and thou shalt take no usury of him, nor yet vantage, but shalt fear thy god, that thy brother may live with thee, thou shalt not lend him thy money upon usury, or lend him of thy food to have an advantage by it. For I am the lord your god, which brought you out of the land of Egypt, to give you the land of Canaan, and to be your god. The prophet king David saith. Lord who shall enter into thy tabernacle? Psal. 15. and amongst other things he answereth thus: he that giveth not his money upon usury, and taketh no reward against the innocent. And in the 18. of Ezechiel, Ezech. 18. it is thus. The soul that sinneth shall dye, if a man be godly, and do that is equal and right, that taketh not other men's goods by violence, that parteth his meat with she hungry, that clotheth the naked, that dareth nothing upon usury, that taketh nothing over, this is a righteous man, he shall surely live saith the lord, but he that grieveth the poor and needy, that robbeth and spoileth, that giveth not the debtor his pledge again, that dareth upon usury, and taketh moreover, shall this man live? no, he shall not live, seeing he hath done all those abominations, he shall dye, and his blood shall be upon him. Matth. 5. Christ saith, give unto him that asketh, and from him that would borrow, turn not away thy face. Yea, lend saith Christ in an other place, Luc. 6. looking for nothing thereby, or of the gain. Thus you see how manifest the scriptures are against all usury, and how plainly the words are uttered, & with what great threats, because we should be clean & undefiled persons in the sight of the lord. Hieronimus epist. lib. Saint Hierome saith there is no difference, betwixt usury, fraud & violent robbing, as who should say, he that is an usurer is a deceitful false man, an errant thief, and an extreme extortioner, and at a word, the worst man that is to be found in a country, and therefore saith he, lend unto thy brother freely, and receive that again which thou hast lent, and seek for nothing over & above, for all overplus, or excess above the principal, is counted usury. For as saint Augustyne sayeth, August. an usurer is then said to be, when he doth demand more in money or any other thing else, than he hath delivered. S. Hierome also sayeth, that some do think usury to be only in money, but let them well understand, that usury is an overplus in any thing, above that which was lent. As for example. If a man do lend unto his neighbour ten bushels of corn in winter, to receive at the next harvest fifteen bushels for the same, Ambrose libro de bono mortis. this is flat usury. Saint Ambrose likewise, sayeth in the book of the goodness of death. If any man take usury, he doth commit extortion, ravine, and pillage, and shall not live the life: as who should say, Chrisosto. super illud. he shall dye therefore. Saint John Chrisostome saith, that an usurers money, Math. 5. & volenti mutuare. is like to the biting of the serpent A●pis, which with a sweet pleasant itch casteth a man into a sound sleep, and so he dieth there upon, without farther sense or feeling. Saint Augustin saith, Augustinus psal. 36. if thou lend thy money to any body, & lookest for more, than thou hast lente, not only of money, but also of any other thing, be it corn, wine, oil, or any thing else whatsoever, thou art an usurer, and herein to be blamed and not to be allowed for it. Thus you see, that by S. Augustine's saying, the very hope of gain upon money lent, maketh a man to be an usurer. Hieronimus in Ezech. c. 6. S. Hierome is of the same mind in an other place, and will not that any thing shallbe taken, over & above the principal, saying in this wise. There be some (saith he) that think usury to be only in money, which thing, the scripture foreseing, doth forbid all excess or overplus, that a man must not receive more, than he hath laid out. Some will take for the lone of their money, small rewards of divers sorts, thinking that thereby they do not commit usury, not understanding that the scripture calleth usury, all that is over & above, if a man receive more again than he did lend at the first. but wholly and utterly forbidden it as a most wicked & detestable sin, according to the saying of S. Paul. Roma. 2. Man must not do any evil, that good may come thereof. And whereof cometh this foul usury? for sooth of covetousness, which as S. Paul saith, Timoth. 6. is the root of all mischief. For they that seek wealth greedily, as it is in the same place, do fall into tentation, & into snare of the devil, and into divers foolish & wicked lusts, which drive men to destruction: & therefore some seeking money greedily, have erred from the faith, & have filled themselves with great sorrows, & much pensiveness. Alas what goodness can be in them, that are covetous, who have made money their god, Paul Ephes. 5. & committed therewith idolatry, as S. Paul sayeth in an other place. What mind can he have of heavenly things, that is wholly drowned in worldly desires, & will cell his soul for money? Surely the covetous man, hath none other mind in the world, but of his money, and his care to come by it is so great, that he recketh not how he have it, either by hook or by crook. Farewell honesty, farewell truth, farewell the fear of god, and all goodness, where a covetous man liveth. Mark I pray you, to how many things the covetous man is compared. First he is like Hell, that is never satisfied. Next he is likened to death, that devourethe all things, them to the Sea, that never swellith the more, although all the other rivers and floods do run into it, after that, he is ressembled to a dog, that lying in an heymowe, will neither eat hay himself, nor yet suffer other cattle to eat by him: to a Moul, that casteth earth upon himself, to a spider, that is entangled in his own copwebb, & last of all, he is compared to a sack, that hath no bottom, that put in it whatsoever you will, the same still goeth out strait ways, & is never filled. So that together all these together, & to lap them up round in one bundle, you shall here, that a covetous man is hell unsatiable, the sea raging, a cur dog, a blind moul, a venemus spider, & a bottomless sack, where by you may be well assured, that the devil dwelleth tabernacled in such a monster. The scripture doth marvelously speak against covetousness in divers places. Exod 28. In Exodus it is written. Let them be altogether void from covetousness, that bear rule over others: for surely where covetousness reigneth, there cannot be any Justice ministered. And therefore god defend this realm from covetous magistrates, and greedy governors. In the proverbs it is written. Proverb. 28. He that hasteneth to be rich, cannot be honest. And I pray you who maketh greater haste to advance his wealth, than the covetous usurer? or who cometh to infinite riches more easily, than the usurer? And yet the more he hath, the more he desireth, whose greedy heart is very hell mouth as I said before, that will never be filled. But see what followeth of this. He that heapeth to himself unjustly, Eccles. 14. doth gather his goods for an other man, often times a mere stranger to him, yea and sometimes his deadly enemy: so that with his evil gotten goods, an other man, either stranger to him, or else his foe, shallbe mightily enriched by him much against his will, yea he shallbe used like unto a sponge, which when it is full of water, is pressed & wrung in such sort, that the water goeth clean out: Even so shall the rich man be stripped out of all that he hath, to pleasure many times his enemy therewithal, to his great heart grief, and be made as bore & naked, as ever he was borne. Therefore god by his prophet denownceth, woe unto such rich carls, Esai. 5. ●3. saying, woe be unto you that join house to house, and land to land, even unto the very bounds of the place. Do you think to devil alone upon the earth? Woe be to thee that proulest & takest prays, for thou shalt be bereft of all that thou hast. Woe be to you rich folk, that have your only joy and comfort here upon earth. Look well to yourselves therefore, & eschew covetousness, for no man's life (sayeth Christ) is in the abundance of that he hath. Luc. 6. And hearken what saint Paul sayeth, Eph. 5. no whoremonger, no unclean person, no covetous man, who is a worshipper of Images shall enter into the kingdom of heaven. Christ also saith, my children, Math. 19 how hard a matter is it for those, that put their trust in money, to come to heaven. It is more easy for a camel to go through a needle's eye, then for a covetous man to enter into heaven. jacob. 5. Therefore go on you rich men, as saint James saith, weep and bewail your miseries, which shall fall upon you and your riches. Genes. 19 The Sodomites were wholly destroyed for their covetous and filthy lives. 1. Reg. 15. Covetousness was the destruction of Saul, for the scripture saith, he more esteemed spoil and ravin, than the word of god. The richman that fared daintily every day, Luc. 16. was buried in hell. Act. 1. Judas had the reward of his covetousness, for he hanging himself did braced in the midst. Diogenes seeing Anaximenes servants carrying great store of silver vessel, asked whose plate that was, which they carried, and hearing that it was Anaximenes their master's plate, who was a very rich covetous snudge, he said thus merrily unto them: Is it not a shame fellows for your master to have so many things alone to himself, Maximus sermo. 12. & hath not yet himself? meaning that a covetous man is rather had of his money, then hath any money of his own, being as though it were servant and bond slave to his gotten goods, and hid treasure. Examples be infinite, aswell profane as holy. And mark well in what common wealth that covetousness once entered, the same did not long continued after: as by the Roman state it doth most evidently appear. And therefore saith Pondidius a Roman (as Tully maketh report, Cicer. office ●. who saith, that in all men bearing office, & public charge, the lest suspicion of covetousness aught to be eschewed) would god (qd he) it had been my fortune then to have been, and in that time borne, when the Romans began first to take bribes, surely I would not have suffered them long to have borne rule. His meaning was, that he would have outbidden them all, and got government with money: a covetous man no doubt, & ambitious, out of measure. But Scipio Affricanus, and Paulus Aemilius being mighty magistrates, and the worthiest captains, and rulers, that ever were, either before or since, had clean, and uncorrupted hands, and aswell were they continent as abstinent, bearing themselves moderately in all their affairs, and forbearing to wrong or injury any body. God grant therefore, that all men, but especially rulers, be void from covetousness. For as Apollo Pythius said by oracle that Sparta, otherwise called Lacedaemon, should not perish and be utterly destroyed by any thing more, than by covetousness, so I pray god most heartily, that the same be not a prognostication for England, where such horrible covetousness reigneth, as never was known, either in Grece land, or in Italy. And of this covetousness, usury springeth, as daughter and heir to so filthy a mother. And what shall a man look for any other thing else, but confusion, & utter destruction, when laws are holden for lusts, private commodity better esteemed then the common wealth, poor men every where neglected, and god either not remembered, which is evil, or else wholly contemned and despised, which is worse, for how can it be otherwise, when men have no regard of sin, and feeding themselves with their own humours, do think that what soever they do is well done, be it never so far from god, and all godliness, alack the pity therefore, when our blindness & wilfulness are such. Some forsooth, to colour their doings, will not lend money, but wares, and so of purpose will set their wares at an high price, in consideration of time, demanding great gain for the time only, whereas if either they sold their wares then, or kept them never so long, they could never have so much money of any man, to be commonly sold betwixt merchant & merchant. Exod. 22. But god saith, if thou lend money, wine, oil, corn, or any thing else, thou shalt not take any tot more, than thou hast lent, in respect of time, but so much only, as thou hast lent, and no more in any wise. And what do these men mean, that seeing the word of god so expressly against them, forbidding, and condemning it in such sort, as daily they may read, see, and hear, will so wilfully offend against his holy law? will any man think him a man of god, that having stolen often, delighteth still to steal, and thinketh no goods well gotten, that are not stolen, or rob from other? Or is that man worthy to live amongst men, that wittynglye murdereth his dear brother, for whom Christ hath shed his most precious blood, and delighteth still so to do, heaping murder upon murder? Assuredly, the usurer is none other, but a thief and a murderer of his even christian, and aswell worthy to dye the death, as any other offendor whatsoever. There is no penalty of death against the adulterer, no more then against the usurer, and therefore they both do more abound, than either thieves or murderers. Whereby this is a manifest reason that the wicked men of this world, fear more penal statutes, and positive laws of princes, than the law of god, wherein they show themselves to be of this world, and to have no regard of the world to come. And further I may say, and justify it also, that such are they whom god hath forsaken, the reprobate I mean, and cursed people, ordained for the Devil and his angels to be tormented in hell fire for ever, for what can be worse, than the usurer, who is without all love & charity, and hath no pity of his neighbour, in what misery or want so ever he be? The poor may starve, and dye in the streets, for any mercy or charity that they will show, whereas, if they were of god, they should remember the poor & needy, & not only to lend freely, but also give almose frankly. 1. joan. epist. 3 For as S. John saith: who soever hath this worlds good, and seethe his brother have need, & shutteth up his compassion from him, how dwelleth the love of god in him? Again it is written in Tobias: Tobias. 4. give almose of thy goods & turn never thy face away from the poor, & so shall it come to pass, that the face of the lord shall not turn away from the. Be merciful after thy power: if thou have much, give plenteously, if thou have little, do thy diligence gladly to give of that little, for so gatherest thou thyself a good reward in the day of necessity, for almose delivereth from death, and suffereth not the soul to come in darkness. A great comfort is almose before god, unto all them that do it. Of thine own goods saith he, not of goods evil gotten, neither by extortion, theft or usury, but of such goods, as thou half justly gotten, by sweat of thy brows, or by any other lawful industry. And in the law of Moses, Deut. 15 god saith, when one of thy brethren among you is waxed poor, in any of the cities within thy land, which the lord thy god giveth thee, see thou harden not thine heart, nor shut thy hand from thy poor brother, but open thy hand unto him, and lend him sufficient for his need, which he hath, and let it not grieve thine heart to give, because that for that thing, the lord thy god shall bless thee in all thy works, and in all that thou puttest thy hand to, for the land shall never be without poor, wherefore I command thee saying, open thine hand unto thy brother that is needy and poor in thy land. Yet all this notwithstanding the usurer is as deaf as a door nail, as blind as a bittle, and as hard hearted as a flint stone, whose mind, god for his great mercy soften. The inhabitants of Asia, Macedonia, & Corinthia, as the apostle showeth of them, 1. Corinth. 16. in his epistle to the Romans and Corinthians, 2. Corinth. 8. were not hard hearted, 9 Rom. 15. towards their brethren. The apostles them selves, being the true disciples of god, expressly willed in all their churches and congregations, that the poor should always be remembered, Act. 6. yea, and did send of that poor substance they had, some portion to the poor brethren that were in judaea. Act. 11. We do read in the old testament a notable example of that famous and worthy capitain Nehemias, who seeing the people of Israel, Nehemias li. for want and need to run upon usury, to pawn their lands and goodds, ●. Esdras. ca 5 and so to pay excessively, after they had returned from their captivity in Babilonia, called the magistrates and governors before him, and rebuked them very sharply, that they exacted tribute upon their poor brethren. And therefore he commanded, that there should be lands, vineyards, orchards of olives, and also houses allotted unto them, without paying any usury at all, for that they were wont to pay the hundredth part of their lands and goodds every month, in the name of tribute, to maintain the wages and salaries of their chief governors & magistrates, which payments Nehemias did utterly abrogate, because he saw the people were very poor, and therefore saith he these words unto them. It is not good that ye do, aught ye not to walk in the fear of god, because of the rebuke of the heathen our enemies? I, and my brethren, and my servants have lent them money and corn: but as for usury, let us leave it. Such should princes and magistrates be, such should landlords and great possessioners show themselves to the poor and needy tenants, when they are overcharged with excessive enhanced rents. The wise man sayeth: Water quencheth fire, Eccles. 3. & 4 & mercy reconcileth sins, god hath respect unto him that is thankful, he thinketh upon him against the time to come, so that when he falleth, he shall find a strong hold. And therefore it followeth: My son, defraud not the poor of his almose, and turn not away thine eyes from him that hath need: despise not an hungry soul, and defy not the poor in his necessity, grieve not the heart of him that is helpless, and withdraw not thy gift from the needful. Refuse not the prayer of one that is in trouble, and turn not away thy face from the needy, cast not thine eyes aside from the poor, that thou give him not occasion to speak evil of thee, for if he complain of the in the bitterness of his soul, his prayer shallbe heard, even he that made him shall hear him. Proverb. 28. In the proverbs of Solomon, thus it is written: He that giveth to the poor shall not want, but he that turneth away his eyes from such as be in necessity, shall suffer great poverty himself, Psal. 41. and therefore the prophet David saith: Blessed is he that considereth the poor, the lord shall deliver him in the time of trouble. Esai. 58. Esay the prophet exhorteth all men to do charity, and to give almose, saying in this wise. It pleaseth not me, till thou break thy bread to the hungry, and bring the poor fatherless home to thy house, when thou seest the naked, that thou cover him, & hide not thy face from thine own flesh. It is written also, in the gospel of saint Mathewe: Math. 6. See ye gather not treasure upon earth, where rust and moths corrupt, & where thieves break through and steal, but gather thy treasure together in heaven, where neither rust nor moths corrupt, and where thieves neither break in, nor yet steal, for where soever your treasure is, there will be your heart also. Luc. 12. And in Luke also he saith: Cell that ye have, and give almose, & make you bags which wax not old, and treasure that faileth not in heaven, where no thief cometh, neither moth corrupteth. But what will you have of thorns, other than thorns? Math. 7. do you think to gather figs of thistles, or grapes upon brambles? such as the tree is, such will the fruit be. Besides this, the usurer is the ydlest man that liveth, for he doth nothing, and yet gaineth all things, contrary to saint Paul's saying: Paul. 2. Eph. 3 who willeth that none should eat, that doth not labour. And these fellows do not only eat, but they out eat all men, and get the devil and all to them, without cause, or any manner of reason in the world. Moreover, they are so unmerciful covetous, that they mind nothing in the world, but only money, and therefore cannot talk willingly of any other matter, but of setting forth their money for gain, and desiring still that others may want, that their gain may be the greater, for conscience they have none, no more than dogs. And better for a good meaning man, to be cast headlong into prison, & there to be fast chained with irons, then to come into their bonds: for a man being imprisoned, may by some one means or other, get out, but being once in the usurers danger, it is not possible to get out, but still he is assured to be in, more and more, like as a bird, being taken with lime twigs, the more she struggleth to get out, the more she is limed and entangled fast, so the poor man, the more he dealeth with usury, the more he is wrapped in darby's bands, as they say, and at length utterly undone. And this is the occasion of diverse bankeruptes, of many decayed gentlemen, that are compelled for lyfle to cell their lands away, and of a number of honest occupiers, that by those means are utterly undone, both they, their wives, and their children. I do know, there be other means that brings many a man to poverty, as namely, excessive fare, gorgeous apparel, keeping of over many servants, playing at dice and cards, haunting of harlots, and unnecessary liberality, more used in England, then elsewhere. And yet will I say, all these set together, have not more harmed some men, and the most of men, than this filthy usury hath done. And my reason is this: A man taketh up a thousand pounds at one time, and payeth for the same, twenty, thirty, nay shall I say forty, in the hundred sometimes, and still runneth upon usury, by the space of five or six years, yea, perhaps ten years, paying usury upon usury, which after twenty pound in the hundredth pound, cometh to two thousand pound, after ten years, with the principal, and so forty in the hundred, amounteth to four thousand pound in ten years, with the principal, now this borrower triumpheth for a time, but when he shall come to pay the principal, and the usury upon usury, than he feeleth thereupon such a smart, that he is wrong to the bones. And then forsooth away goeth his land, and all that ever he hath, to master usurer. I know a gentleman borne to five hundred pound land, and entering into usury upon pawn of his land, did never receive above a thousand pound of neat money, and within certain years, running still upon usury, and double usury, and usury upon usury: the merchants terming it usance and double usance, by a more cleanly name, he did own to master usurer five thousand pound eat the last, borrowing but one thousand pound at first, so that his land was clean gone, being five hundredth pounds inheritance, for one thousand pound in money, and the usury of the same money, for so few years, and the man now beggeth. I will not say, but this gentleman was an unthrift divers ways, in good cheer, nay in evil cheer, I may call it, in wearing gay and costly apparel, in roisting with many servants more than needed, and with mustering in monstrous great hose, in haunting evil company, and lashing out fondly and wastfullye at cards and dice, as time served. And pet I do say, he lost more by the usurer, than he did by all those unthrifty means: for his vain expenses was not much more, than a thousand pound, because he had no more: whereas the usurer had not only his thousand pound again, but four times more, which is five thousand pound in the whole, & for want of this payment the five hundred pound land was wholly his. And this gain only he had for tyme. They say time is precious. He may well say, time was precious to him, that paid so dearly for it, or rather the usurer may say, that time was very precious to him that took so much unto him. Now lord god, what a strange thing is this, that god suffering the sun to shine upon us freely, and the air to be common to all, as well poor as rich, without any gain taking, that we not considering so liberal a goodness of god, should so far be from charity, that we will fallen time & air so dearly, having it of god so freely. Assuredly such caterpillars upon earth, are accursed of god above, because they have no property of god in them below. For god giveth power for that sun to shine, sendeth rain in due season, appointeth the stars to keep their courses, and all for the behoof and benefit of man: and man only, I mean the usurer, is enemy both to god & man, and will in nothing follow, neither the example of god, nor yet his blessed commandment, nor fear his bitter threats, nor yield to any law. Therefore I say still, usurers be devils and no men, traitors to their creator, disloyal members to his commandments, caitiffs to their kind, rebels to their country, and enemies to their own souls. But you will say, all usurers be not of one sort, some take less, and some take more. In deed (I speak by worldly respect) I may say with the philosopher, there are degrees of comparison in some sin, and yet I must say, he that taketh over and above that he dareth, is an usurer, and so a sinner before god: as he that stealeth but a penny by the high way, is a thief aswell as he that stealeth an hundredth pound, & worthy to be hanged therefore, although the loss is not so great to the owner, but that is no matter, the intent & evil mind is all one. And so the usurer that taketh less, because he would seem honest, shall go to the devil, because he hath wittingly sinned against god, aswell as the other that taketh more, for that the law sayeth plainly, thou shalt not take any thing, over & above that thou hast lent. And he shall dye the death aswell, he that hath killed one man, as he that hath killed twenty, because the law sayeth: Exod. 20. thou shalt not kill. Likewise he that offendeth with one married woman, and that but ones, is aswell an adulterer, as that man is, that hath offended diverse times with many, because the law saith, thou shalt not commit adultery, which is then committed, when any one man offendeth with another man's wife. Less taking excuseth no man, when god forbiddeth all manner of taking. And often times, he that taketh less, would have more, if he could get it. I must not be wiser than the holy ghost, and therefore, what soever I do find there, I will follow it plainly, without any adding or diminishing. And so, where Christ willeth us not to look for any gain at all, what gain should we have? Let lending be a lending, as it should be, that is to say, free, simple, and for charities sake, and as the nature of lending is, without any thing at all, more than the principal: for if I do take more, I do not lend, as I am commanded, but I do contract, & bargain for mine own covetous gain only, contrary to gods good will, & commandment, and against all law. Ezechiell saith, if I do take any thing over and above my loan, Ezechiell. 18. I shall not live the life, but die. Therefore I would wish all men, to take good heed, what they do, and not to flatter themselves with vain gloss, and imaginations, as though they might in some case, & in some respects take an overplus, with a clear conscience. I for my part, would not take a penny more than I did lend, for all the goods in the world. For I know there is no mean in this vice, more than there is in murder, theft, or whoredom. And therefore I say, and maintain it constantly, that all lending in respect of time, for any gain, be it never so little, is usury, and so, wickedness before god and man, and a damnable deed in itself: because we are commanded to lend freely, and to look for nothing over, and above that we lend. But as I said before, this usury is the daughter of covetousness, a monstrous daughter I say, of an horrible fowl foster dame. Seneca saith wisely, avarus nil rectè facit, nisi cum moritur. The covetous man doth nothing well, but when he dieth, which sentence may most aptly be said of the wretched usurer, who in his life time, is the cause of all hurt, for by leaving his goods behind, there may some good come by his death, when his wealth is dispersed abroad amongst others, and his unmerciful dealing brought to an end. We do all fear the plague marvelously, and desire, that both city and country may be clean rid of it, and yet what a bless were it to this whole realm, if in one year, there were an universal murrain of all the usurers in England. Murren quod one, why that is a death proper to beasts. Alack good man, I have failed in my Rhetoric, and yet I pray you, what are these usurers other than beasts? for they live like beasts, and dye like beasts, and why should I not wish unto such brute charons a caroniouse death, meet to their condition, since they will not repent and amend their sinful living, by no warning nor threatening of man nor god, that can be devised. To lend freely is a kind of liberality & bountifulness, when a man departeth from his own, to help his neighbour's want, without any hope of lucre or gain at all, for he is benefited, that borroweth, and feeleth great comfort in his great need, whereas lending for gain, is a chief branch of covetousness & makes him, that before might have been counted bountiful, to be now reckoned a greedy gainer for himself, seeking his own welfare upon good assurance, without any care at all what becometh of his neighbour, gnawing him unmercifully, to satisfy his own wretched & most greedy hunger, directly turning a most beautiful virtue, into a most filthy abominable vice. Yea usury is a manifest & voluntary known theft, which men do use knowingly & wittingly, for either they think they do evil, & forbear it never a whit, or (that which is worst of all) they think they do well, and so by often using of this filthiness, do lull themselves in sin with out any sense or feeling of their most wretched wickedness, and horrible dealing. Christ for his bitter passion be merciful unto us, and give us his fear, that we may live after his law, and follow his holy will, for surely, as we live now, either the bible is not gods word, or else we are not of god, such contrarietiis between our lives, and our lessons. The scripture commandeth, Exodus 20 thou shalt not steal, thou shalt not kill, thou shalt not commit adultery, thou shall not bear false witness, thou shalt not lend out thy money for gain, to take anything for the lone of it, and yet we do all these things, as though there were neither scripture, that forbade us, nor heaven for us to desire, nor hell to eschew, nor god to honour, nor devil to dread. And this last horrible offence, which I count greater, or as great, as any of the rest, is so common amongst us, that we have no sense to take it for sin, but count it lawful bargaining, and judge them goodly wise men, that having great masses of money by them, will never adventure any jot thereof in lawful occupying, either to carry out our plenty, or to bring in our want, as good merchants use, and aught to do, but living idle at home, will set out their money for profit, and so enrich themselves with the labour and travail of others, being themselves none other, than drones that suck the honey, which other painful Bees gather with their continual travail of divers flowers in every field. And whether these men be profitable, or tolerable to a common weal, or not, I report me to you? Besides that, god doth utterly forbid them, whose commandment aught to be obeyed, if we be Christians, and of god, as we profess to be. And therefore for my part, I will wish some penal law of death to be made, against those usurers, aswell as against thieves or murderers, for that they deserve death much more than such men do, for these usurers destroy and devour up, not only whole families, but also whole countries, and bring all folk to beggary, that have to do with them. And therefore are much worse than thieves or murderers, because their offence hurteth more universally, and toucheth a greater number, the one offending for need, and tother upon wilfulness, and that which is worst, under the colour of friendship, men's throats are cut, and the doers counted for honest and wise men amongst others that have so ungodly gathered goods together. What is the matter that Jews are so universally hated wheresoever they come? For sooth, usury is one of the chief causes, for they rob all men that deal with them, and undo them in the end. And for this cause, they were hated in England, and so banished worthily, with whom I would wish all these Englishmen were sent, that lend their money or other goods whatsoever for gain, for I take them to be no better than Jew's. Nay, shall I say? they are worse than Jew's, for go whither you will through out Christendom, and deal with them, and you shall have under ten in the hundred, yea sometimes for six at their hands, whereas english usurers exceed all god's mercy, and will take they care not how much, without respect had to the party that borroweth, what loss, danger, or hindrance soever the borrower sustaineth. And how can these men be of god, that are so far from charity, that care not how they get goods so they may have them. O lord have mercy upon us, and deal not with us according to our manifold wickedness, neither reward us according to our iniquities. Great are our sins that we have committed & more in number then are the sands upon the sea shores. Lord, if thou narrowly mark our naughtiness and wicked doings, who shallbe able to stand before thee in judgement? but thou lord art merciful, and wilt forgive them that call upon the in faith with a repentant mind, which god grant unto us all for his dear sons sake Jesus Christ, to whom with the father and the holy ghost be all honour & glory for ever & ever Amen. Lawyer. Every man in his faculty, I see well, ought first to be heard. You have said much, and very godly, but whether politiquelye, and altogether aptly, I cannot constantly affirm, for that I see all common weals in the Christian world, are governed otherwise then you preach. And therefore I must think you take the scriptures amiss, and do not expound them according to the very meaning of the holy ghost. And I tell you plain, it is not in you preachers to judge precyselie what usury is. For as divines cannot tell what herb is best for every disease, but the physicians that are best practised, and acquainted therewith: so it is not in simple divines to say, what contract is lawful, and what is not, but in skilful lawyers to show, and in wise magistrates to determine the truth, and right hereof. And such contracts, as the laws do allow for lawful, a good man may use the same with a safe conscience. And public laws, made according to good reason, and justice, are the ordinances of god, and the magistrate is the minister of god, to a good man, for good. I grant you may preach generally against it, as you do, but to say particularly, and precyselye, what it is, is not within the compass of your profession. Those have best skill in these matters, that are judges, to hear the fact done, and by circumstance to consider thereof, according to their learning, and as cases have been ruled heretofore in the like contracts, and bargains, so to end matters, as you master doctor can best tell. You preachers do hear things a far of, but you never sit in judgement of such matters, neither it is incident to your calling: for a preacher and a judge, are two distinct officers, and of the two, the judges office is the harder to discharge, & more intricate, because of the diversity of allegations, and reasons, which he must hear, weigh, and consider deeply, and so resolve upon them, according to the truth of the matter, alleged & proved, & as the law doth direct him. Gromel gainer I was almost persuaded, never to lend money or wares again for interest, but I will hear farther before I give up, because it may be, there is some shift to save a man's conscience with all. And the rather I do believe it, because I do here you somewhat begin to contrary him. Ockerfoe. Deceive not yourself, neither yet be you deceived of others. call your conscience to account, and harken to god's word simply, and he will give you grace to take the best way. Civilian. It were good, till every man have said his mind at large, that none should by short speech affirm any truth, but stay his determinate sentence, till he have uttered his mind at full, & therefore I would wish that you went through with your tale, master temporal lawyer, and according to your profession, say your mind without direct condemning others. And I will in my learning, say after you what I can. Lawyer. Content with all my heart. Preacher. say on I pray you in gods name. ¶ The Lawyer's oration. AS your profession is divinity, so your whole sermon soundeth of god, and doth require so much of man, as man is not able to perform. Happy is the that cometh nighest, but assuredly he never lived, that either hath done, or can do, or shallbe able hereafter to do that which you have uttered. You begin with love, and make love the perfection of the law, and here you bring the commandment, that man must love god above all things, & his neighbour as himself. What man ever lived, that did, or was able to perform this lawnone surely, saving Christ only, and therefore, because of our impossibility, Christ came in flesh in the fullness of time, to appease the wrath of his father for sin, and to satisfy the law, which else could never have been performed, so that in Christ only is our justification, as I have heard you full often preach. Therefore, whereas you say, no man should lend for any gain, and that all men should lend freely to them that have need without any respects of profit, I do think you do deal over precyselye, and go about to bring men to that straightness, as they never were in, at any tyme. For as I hear some say, usury is never hurtful, but when it vyteth, otherwise, it may be allowed and suffered. For if I do lend● money to him, that hath need, and can prove that for want of the same money I have sustained great loss, or if my debtor do break day with me, when I look to have it at the time appointed, and so am endangered to my neighbour, for my necessary payments, which of right he claimeth at that time: it were good reason, that my debtor bear my loss, rather than I should sustain harm or danger for my good william. And reason it is, that every man have his own, or else it were better holding fast & to be sure, then to lend and loose all. For whatsoever you say of love towards our neighbour, me thinketh no man should love his neighbour better than himself, which they seem to do that lend to other freely, and want themselves. And I have hard say, that Charitas incipit a se. Charity beginneth first at itself. And use we not in common phrase to say? Near is my coat to my skin, but my shirt is nearer. As who should say, I will be a friend unto my neighbour, and help him so much as I am able, but I will not so help him by S. Marie, as I will harm myself: which is not gods will that I should do. You have heaped a number of scriptures together, alleged doctoures, and brought forth reasons, for the detestation of usury, wherein you have done well, but better you should have done, in my mind, if you had weighed usury more straightly by the rule of charity, and not directly to call all those usurers, that take any thing more than they have lent, for so the case may fall out, that he sinneth who hath borrowed, if he will not make recompense: therefore in such cases, circumstances aught to be considered, & so judgement given upon the matter. Neither aught I to deal with all men in one sort, for as there be three sorts of dealings amongst men, that is, gift, bargaining, and lending: so are there three sorts of men, the stark beggar, the poor householder, and the rich merchant or gentleman. To the first I aught to give freely, not only to lend freely, to the second I aught to lend, either freely or mercifully, with the third I may deal straightly, and ask mine own with gain, as I take it, without offence to god, or man: for when I deal with him that maketh gain of my money with his trade and occupying, and is well able to pay me again, being enriched by my means cheefelye, why should not I in reason, have part of his advantage, when by my goods he is grown rich? for be it that two, three, or four, be in consort, whereof two puts forth their money, and the other two use their labour and industry, for increasing the same money, by lawful trade, is it not reason that these although they be idle at home, who have disbursed large sums of money to adventure freely with others should have reasonable gain with them: God forbid else. But you will say perhaps, this is no usury. I cannot tell what you call usury, these men do lend and tother do borrow, and enter into good hands, first to restore the principal, and next to promise' and covenant for such competent gain, as they shallbe able to make and show upon their account. It is no reason that every man should be an occupier, or merchant adventurer, a chopper, or a changer: but good it is that few deal for money, and then shall many thrive and not that every body should be a doer for himself that scant one man can live for another. Therefore I think it good, that when a man hath iij. or iiij. thousand pounds lying by him, to give some to the poor & needy beggars, and in lending freely to help the orphans, widows & strangers, & with the rest to make his own certain gain for his advancement amongst the rich occupiers & wealthy cobs of the world. For surely I am of this mind, that where no bittinge is, there is no usury, and where both parties do gain, there aught to be contentation of mind, and good agreement on both parties. Some therebe that say, all usury is against nature, whereas I think clean contrary, for if usury wear against nature, it should be universally evil, but god hath said, that to a stranger a man may put out his money for usury, but it it had been against nature, god would not have granted that liberty. So that I take it to agreed both with law and nature, that I should do good unto him, that doth good unto me, or else I should be unthankful, than which, there cannot be a greater or more horrible fault upon earth, and rewards given for good turns done, or pleasures received for benefits bestowed, are so common, that who so offendeth herein, is pointed at and counted a churl, and shall after want when he would have. Moreover, who may not give his own freely, or what is he that will not, or may not take any thing that is given? what is more free than gift? or what is he that will show such discurtesy not to receive a gift, when it is freely offered? & what other thing do they that seek to borrow money, but entreat marvelously and offer frankly for the time & use of money. Moreover, it is not against the Roman laws of the Emperors, but rather allowed, not only suffered as you master doctor can best tell, by laws of your Code and made by the Emperor Justiniane, the best prince that ever lived. Yea the cannon law itself seemeth to suffer it in the title of usury, as you know better than I can tell. Even in god's law if I be not deceived, usury is not forbidden. Luke 19 For is it not in S. Luke's gospel that god said, he would come & ask the money lent with the usury, blaming him that did not put it fourth for gain. Deut: 24. And in deuteronomy it is plain. Thou shalt not lend to thy brother for gain, but to a stranger. The common law of England is not against all usury neither in such sort, and so precise lie, as you take usury. And Statutes there have been, that have permitted usury, which I would they had continued to avoid further evil, for (as we say) better it is to suffer a mischief, than an inconvenience. But to reason this matter further, if I lend unto a man my plate for five or six months I may lawfully take gain only for the lone, and no man will say black is mine eye, and yet if I do take for money, by and by they will make an outcry and call men usurers therefore, where at I marvel greatly. For a man (as I take it) may more benefit himself with an hundred marks in money, than he can do with an other man's basin or ewer of an hundred marks value. And yet lending of money is called usury, and lending of plate for gain to have the same plate again is no usury at all. Yet further, if I lend one a thousand pound in gold, for pomp sake only to show at the bank (as they use in italy and other countries) or otherwise, to make some believe they have somuch of their own, it is not denied, but I may receive gain for the same, having my principal returned unto me in the same form and manner as I did lend it: and yet if I should have lent so much money of good will, & suffered the party to occupy the same for his own benefit, restoring unto me the value thereof with some overplus or gain, then by and by I should be called an usurer. And what if one I pray you be an occupier, & wanting money come to me, that am an occupier also, and desire to borrow largely: if I bargain with him to have part of his gain, if he make any, or otherwise do covenant, that if the lending of this shall be any hindrance to my occupying, to get some bargain, which I shall perhaps miss, and prove it plainly, because my money is out of my hand: may not I in both these cases take usury without danger of the law, or offence to god? yes without doubt I ma●e. And yet to lend money simply is counted usury, whereas there is no man that lendith but sustaineth loss, for the want of it, because he might better benefit himself by empolying it in divers ways, them to suffer it to be in an other man's hands, besides the danger that may happen, when a man's money is out of his own hands, for surer it cannot be, then in a man's own possession. Then away with this precisnes on gods name, to make every lending for gain to be plain usury and that on penny over is sin before god, which neither I, nor yet master merchant here, can well believe fully, for I would have allthings weighed by reason in matters of contracts and bargains, and not so to mince things, as though there wear no mean, for I do not take usury to be, as whoredom or theft is. In these sins there is no mean to make any virtue, for he that offendeth but once in whoredom, is an offender, and he that stealeth never so little, is a thief, and neither of their doings in any respect, or by any circumstance is or can be good, whereas the lending of money or other goods, for gain may be very beneficial unto him that borroweth, as for example. A man is bound to pay 300. li. at a certain day, or else he looseth perhaps 40. li. good land, wear it not charity and a good deed to help this man, that his land should not be lost for ever? and none offence neither, as I take it, to do a good turn, and to receive an other. I will go nearer. Be it there were a great dearth of corn & I have plenty lying by me, wear it not better for me charitably to lend corn, to the poor & needy for their sustenance and relief, and so to receive somewhat in gain at the years end, then to suffer them to want and utterly to perish? Of two evils, the less is to be preferred, that is, better it wear to lend for gain, then to suffer my even christian to die for hunger. And if I be not deceived, this is S. Augustine's opinion, who alloweth of gain in such time of necessity, rather than the people should starve. Yea the Emperor justinian's law is (as I am informed) if I lend one ten bushels of wheat, and the borrower of himself without any stipulation or bargayns made, do barely promise' me twelve bushels for the same at the next harvest, I may lawfully demand the same, and by action recover it, if it be denied me. And, as I understand, there be of your doctors who writ upon the canon law, that affirm the less evil to be chosen before the greater, ye, even in that case of dearth and extreme famine. Therefore I am still of this mind, when none hath harm but both receive benefits: there is none offence committed, but rather great goodness used. You talk much of charity, you begin with love: I would you weighed all causes aswell by the rule of charity, & referred all things to charity, by judgement & discretion, as you have well spoken of charity, & then this great talk needed not. For surely where charity is not hindered, there is no usury committed, such usury only being forbidden that breaketh charity & decayeth the love of my neighbour by extreme cutting & excessive taking. And who will not be grieved when he is overlaid with intolerable usury, that, do what he can, ye travasil he and trade he never so much, the biting usury willbe lord in the end of all his gains what soever. And this it is, that offendeth god, when the idle Epicure and licentious usurer doth wholly gain, and the true dealing trader or occupier doth beg his bread in the end, notwithstanding his great industry & just dealing. Ye I say further, that neither theft nor adultery, nor yet murder wear to be counted sins, if that rule of charity were not broken. For in all these heinous offences, charity is decayed, and therefore they are deadly sins, and so is usury when it biteth and by that means breakithe charity: otherwise it is no usury, if my neighbour feel no smart nor loss, nor yet is hindered therewith, for the end and fulfilling of the law is charity. And where charity is kept, I say still, there is no offence made, nor yet sin committed. Now therefore you must either prove every usury, be it never so little, to break charity: or else I will say still, that where charity is not broken (as I say it is not when my neighbour feeleth no harm) there is no offence committed, before either god or man. You have said very well against covetousness, the root of all evil, and surely there cannot be a worse man, then the covetous man, for he maketh his money his god, and so committeth idolatry, as S. Paul saith. But I will not say, that every usurer is a covetous man, but only the unmerciful and cutting usurer, that hath no love nor charity in him in the world, and careth not, who be undone, so he may gain. This is he that god and man abhorreth, that scripture and all laws do and ever have condemned, for most wicked & abominable. And mark well the place of Ezechiell the 18. chapter. and especially the 22. and there you shall see that the prophet doth expressly cry out of covetousness, after he hath condemned usury, as who should say, that covetousness is the chiefest cause, of this horrible usury, because it consumeth & undoth, as many as deal therewith, and yet what is he, that will say, that he is undone by his neighbour, because he hath borrowed many hundred pounds of him, and hath paid over and above the principal, to his creditor for every hundred one penny by the year? or who will say that such a creditor is a covetous man, or a biter, or an offender of god's law & man's law that taketh for every 100 l. but one silly penny. This is rather a Stoics paradore, & an extravagant imagination than any true assertion in doctrine, as I take it. Let us go to the very word of usury in the Hebrew tongue. It is called a biting, of this word Neshech, which is nothing else but a kind of biting, as a dog useth to bite or gnaw upon a bone, so that he that biteth not, doth not commit usury: for usury is none other thing, than a biting, as I said of the very Etymology and proper nature of the word, otherwise it cannot be called Neshech, as the Hebricians say, and so call usury of biting only: And the Tigurine translation hath in Exodus. Non inferes morsum fratri tuo, Thou shalt not bite thy brother, where as other translations have, Non foe neraberis fratri tuo, Thou shalt not take usury of thy brother: So that where the first translation saith, thou shalt not bite thy brother, and the other saith thou shalt not take usury of the brother: I take biting and usury to be all one. The Grecians also call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which is a birth or born creature (as I am informed) for I have searched to know this matter, although I know neither Hebrew, nor greek, nor latin neither very well, but only do smatter of broken latin, as the most of us lawyers do, seeking not for any deep skill or sound knowledge therein: and in latin it is called faenus a faetu, that is to say, of a birth or borne creature, likewise as the greek word is. And I pray you what a pretty babe is that, when an hundred pounds bring fourth one single penny? I here say some call usury a monstrous beast because she bringeth forth monsters from time to time, by excessive increase of gain: Alack what a pretty monster is this or what biting, or what gain can it be to any man's hurt, when one receiveth a single penny, or an half penny or a farthing, or the fourth part of a farthing, or what you will, be it never so little (for all is one to the divines & precise preachers) for the borrowing of an hundred pounds for a year? for this kind of biting is no greater harm than is a flea biting, nor so much neither, and therefore not fit to be spoken of now. God make all things strait and upright that are crooked or awry, and then the truth may be known and so lowed, as god hath expressly commanded with out this burdening and overcharging of men's consciences, & wounding them in such sort, that a man cannot almost tell what to do. In deed I will not deny but that we ought rather to give then to lend, and rather to lend freely then to demand gain for love: but this I say, as I am not bound to give frankly to every man that asketh, no more am I bound to lend freely to every man, that would borrow, but according to the circumstances of time, parson, cause, place, and occasion, I may bestow my goods and distribute such wealth as god of his goodness hath allowed me to occupy, and given me leave to use, as the steward of his household, and if some one man pay moderately over and above, for that which he hath borrowed, I say it is no offence before god, as I take it. And recompense is allowed for beneefites done, say what you will, or at the least wise, no man aught to far the worse for his well doing, or to be a loser for his lending, which many men should do, if they were not considered. You say you will not be wiser than the holy ghost, I would not wish you so to be, but rather I pray god you might be half so wise, as the holy ghost is, for I believe verily, the holy ghost never so meant, as you speak, or else surely I must say that the world is in a strange case. Yea I will say further if that wear true, the world could not be as it is, neither could man live, for what reason is it, that I should lend freely to every man a like? for whereas there be three men come unto me at one time, as I said before, the stark beggar, the poor householder, and the great rich merchant, or great landed gentleman, lord or knight, and all they three would have money, or borrow money of me at one time, shall I use them all a like, and in one sort of charity? I do think no reason, nor law of god, or man will enforce me to it, and therefore I think you divines, do not well observe circumstances, when you will that the very bore letter shallbe plainly taken as it lieth, and in one sort or manner to be applied to all men, without regard of circumstance, degree, estate, or condition, of any one. what? not a penny of no man whatsoever he be? it is strange and without the compass of my understanding, and surely in my conscience, without the meaning of the holy ghost, for if you will take all texts of the scripture so precisely, how answer you to this, Omni paetenti abs te dato. give to every man that asketh of thee. I pray you who ever did, or was able or thought it meet to give to all that ask: For than whosoever goeth abroad, if he carried never so much out with him, he might perhaps come home with an empty purse, if his disposition were known, and if he did so from day by day by a certain space, he might perhaps beg as fast of those in th'end as they did beg of him at the beginning. Besides that, in giving without discretion, you shall oftentimes more offend god in bestowing alms upon some, than you should do in holding your hands, for that in giving to loiterers & vagabonds, whom you know not whether they have need or no you do rather maintain them in their idleness, than benefit their poverty, & offend god highly because you give without choice or judgement, for which you shall answer another day. It is written in Saint Paul: Paul. ad. Philip. 4. Be always glad & again I say be glad. And likewise it is in Saint Luke. Luke. 18. Orate semper, pray always. And what is he I pray you Sir, that ever prayed always, or what fool is he, that would think he is bound so to do, and would endeavour himself to be always pattering, & so through superstition to be void of religion? for surely such fools are in the excess. And amongst all people, none go nigher to this vanity than doth the superstitious Portugal, who is as far from true religion, as he is full of this overmuch superstition and fond worshipping of god, otherwise then his word & will is to be worshipped. Christ sayeth to his disciples, go your ways, behold I send you forth as Lambs among Wolves, bear no wallet, neither scripp, nor shoes, and salute no man by the way. Math. 10, And in Saint Matthew, Christ forbiddeth his disciples to carry gold or silver about them, or any manner of coin in their purses, in all which speeches, I trust you will grant an in terpretation, over and besides the bore letter, or else preachers are like to be in evil steed in this evil world. Likewise it is said by Christ, ye have heard how it was said to them in the old time. Thou shalt not forswear thyself, but shalt perform thine oath to god, Exodus. 20. but I say unto you, swear not at all, neither by heaven for it is gods seat, nor yet by the earth, for it is his footstool etc. wherein all swearing is forbidden, and yet to take an oath before a magistrate, is not against god. The commandment saith, Thou shalt not kill, & yet it is not forbidden to the magistrate, to use the sword and to kill upon good cause, neither is any man forbidden to kill, in his own defence, rather than to be killed, but that he may with force withstand force. There be divers such texts which I could allege & prove, which if they were not otherwise understood then the bore words do bear, would bring great confusion with them, and such inconveniences also, as no reason nor law would, could, or might allow in any wise. Therefore I say, Christ never so meant as you do understand, say you what you william. Besides this, such strait and precise prohibitions do great harm, for they open a way to the evil, who will hardly be bridled by any law, to do and to deal with all men excessively, and hinder the good, that would deal charitably, and yet for want of a warrant in law, dare not meddle at all, and so the poor do perish, that else might be helped and relieved upon payment of moderate usance. And see what cometh of this precise restraint, men now can get no money, but after xxx. or xx. at the jest in the hundred, whereas if there were a reasonable stint, all such as have need should far the better, money would be more common, and the covetous man, would the sooner be bridled, from taking excessive gain, but many men are of such niceness, and so far of from yielding to a good act, to be made to the common profit of all, that they had rather one gained a thousand pound with out law, than get one hundred pound with law, such as might be made with a good conscience. You talk that gain taking for lending only is flat usury as though any man took gain for lending only, and not for other respects, as that his money is out of his hand, which else might be employed, & being in another man's keeping, is in danger of losing, that otherwise was safe & sure enough when it was in his own hands. And lastly, such loss or hindrance perhaps might come unto him for want of his own ready money, as some man at a time would give for so much money, so much land upon a great extremity and present need. As who is not subject to such accidents by war, sickness, imprisonment, trouble, and displeasure that may happen to a man's utter undoing, if he do not avoid the sudden harm and present danger that hangeth over his head. And whether shall a man go or fly, or how shall one seek to help himself that hath no money. Therefore that saying is impertinent & voided of reason, that men do commonly receive gain for only lending, & not rather in respect of the harm that might happen, or the profit that doth cease when a man is without his money: or else to take a neighbourly part of the gain, that the debtor might get. No surely, wise men of all ages & times that have rated the proportion of taking, have not stinted the same, because men only have lent, but because of the interest & gain that doth or might happen to the lender, if he had the use himself & employing of his own money. And therefore, say as it pleaseth you, I will hold with them, that bargain for moderate gain, marry in all contracs & bargains I would have plain dealing without chevisance or colourable devices, not as many use to do. There was a statute made Anno Henrici septimi 3. to meet with certain chevisances, but the same was repealed, & an other made in the tenth year, where brokers are met with all, and such as will have the benefit of men's lands, mortgaged till they be paid such money as they lent, where the lent money is forfeited. But because it is hard to make any such good laws, but the malice & cunning of man will practise to break the same, by some skilful sleight especially when it tendith to the benefit of man: therefore in my simple judgement I do much commend that law, which was made in 37. Henry. 8 where none were suffered to take above 10. li. in the hundred upon lone, either for wares, or for money, and sorry I am that the same law was repealed by the statute of Anno 5. Ed. 6. which statute although it bear a colour of godliness, and seems to be grounded upon religion, yet I doubt much thereof, and I think verily it is made against all policy, & therefore it wear good that a parliament, had wise regard to have it abrogated, for the statute seemeth to say, that all gain had for the use of money, in what sort soever it be, is plain usury, & utterly forbidden. And yet what shall I say? where charity is kept, there is no usury committed: for what if I say, I will freely lend unto my friend if he will bear with me in a certain adventure, if any loss happen, shall I call that usury? or if one do brek day with me, & I sue him for damages, because I have forborn my money a long time: will any man call such dealings usury? god forbidden. Or be it that the most of my goods are abroad and I doubt of the good success and speedy return of them, if he that borroweth will bear proporcionablye after 10. or 12. li. in the hundred, for my damages sustained, if any such misshap do fail, than I shallbe contented to do him good, otherwise I would be very loath to help him and hurt myself, which I should do, if I lent my goods and afterwards being undone through adventuring, could have none to bear my losses, is this any usury to make such a couneant? I do not think so. I will put you an other case. A merchant dieth and leaveth to his wife 500 li in neat money, and no more of any other substance, and to six young children that he had with her 200 l for every one of them, when they be of years: how shall this wife live that knoweth no trade? how shall these children be maintained till they be of years, & have their stock wholly delivered to them neither she nor they have any art or neither she nor they having any art or knowledge to get their living by? And is it reasou that the stock should run still without profit, and every one decay and be undone thereby? now god forbidden. And surely except they may be suffered to put forth their money for reasonable gain, I cannot see how it can be otherwise with them. And therefore I would have all things weighed by reason, and the state of danger better considered than it is, without this precise usage to forbid gain upon money altogether upon pain of deadly sin. For I do not think that the widow and her children should offend god, if others will give reasonably for the use of her money, to maintain herself and her children. And well do I allow the use of London, for Orphans money to be yearly paid. I will go farther. A young man hath been waiting on a gentleman in his Chamber, & serving long got a little money together: the gentleman his master dieth, the fellow hath no friends, and master can he get none, the world is hard and men are mistrustful, dig or delve he can not, and occupation hath he none, because he was brought up only as a serving man, and to beg is ashamed, yea and if he did so, he should have nothing given him, but be whipped for his labour as a vagabond, and if he should steal, there is no mercy but hanging: Now what shall he do? spend upon the stock, and suffer all go to waste? so may he soon come to nought. Better it were for him, as I take it, to put out his money for some gain that his stock may be whole, and he might live till he espied a time to bestow his money upon some one thing or other, for his better profit and avail. I will come to good bargains that may happen. There is is a Ship wrack, and goods are to be sold, where I may get 20. in the hundredth, if I might borrow after 10. who would not give less to have more? Besides this, I have a suit which I may get for a hundredth pound and willbe worth two hundredth pound to me, money I have none except I borrow, what a fool wear I not to get 20 l. in the hundred, to gain almost 200 l.? many such things may profitably happen with in the compass of a year, but let all these matters go. Be it that I have lent money myself freely, and looking to have it at my day, could not get it, but tarried three or four months for it after the day, and so was disappointed to satisfy my creditors, is it reason that I who lent freely and of good will, should sustain any loss for my free heart and kind dealing? our law granteth good remedy, and I think in your law master Civilian there is good redress, for such offences. Again, if I let one keep my money, and that said man doth employ the same money without my knowledge for increase: is it not reason that I should have part of his gain? who will deny this unto me? I am well assured, that you master Civilian will not say the contrary, and thus you see, that money getteth money, and that lawfully, for look what he gaineth in this behalf, I may in right demand for mine own beehoofe the increase that cometh of it. I pray you answer me in this, what if the debtor do fail, and play bankrupt? in what case am I then, for my kind heart and charitable dealing? were it not good than that usury might be that price of such peril as may happen, and so I to have somewhat, rather than to loose all, as in lending 88 l. to take a bill for 100 l. that the casualty of loss may be recompensed with the certainty of gain, for a man may loose all, and therefore it is good to be sure to gain somewhat be fore hand. There is a saying in your law as I have hard, much agreeing to this matter, L. periculi. ff. de nautico foenore. which is thus, Omnis mutuatio plerumque damnosa, eoque meretur recompensationem. All lending is oftentimes harmful, and therefore deserveth a recompense. But as I said before, I would there were a rate appointed or tolerated either viii. x. or xii l. in the hundred, above which no man should pass upon pain of life or loss of all his goods at the lest, and so the covetousness of usurers (against which you have said very well, and no man doth gain say it) would be stopped & limited within reasonable bounds, whereas now they take the devil and all, more than half a great deal, which is horrible. And our law did never allow, but did utterly forbidden all excessive usury, as all other laws else do, as your law master Civilian, as I think, doth permit the hundred part for a month, which is twelve in the hundred for a year, and so hath been allowed in divers princes times. But of your law, I cannot say further than I learned by here say, & therefore I would know your opinion, seeing I have uttered my learning & said my conscience, which I pray you take in good part every one of you. Civilian, I would not any man to be blamed for uttering his conscience, so that he be not wilful, to stand overmuch in his own conceit, when he seeth manifest truth against him. ¶ Gromel gainers or the Merchant's oration. TO say and do are two things. I will not directly speak in the favour of usury, but rather if you will have me, I am contented to speak against it: Marry not to use my money for my benefit, call it what you will, I can hardly allow thereof. You have said meetelye well master lawyer, that you will suffer exchange within certain bounds, Others talk so much (I wot not how) that in the end they will mar all. Poor merchants can not be suffered to thrive amongst them. And I for my part, am against you all that will have no usury, or will make the gain over little: for I pray you, what trade or bargaining can there be amongst merchants, or what lending, or borrowing among all men, if you take away the assurance and the hope of gain? What man is so mad to deliver his money out of his own possession for naught? or who is he that will not make of his own the best he can? or who is he that will lend to others and want himself? you see all men now are so wise, that none will lend for moon shine in the water, and therefore if you forbidden gain, you destroy intercourse of merchandise, you overthrow bargaining, and you bring all trading betwixt man and man to such confusion, as either man will not deal, or else, they will say, they cannot tell how to deal one with an other. I have been a doer in this world these 30. winters, and as fresh an occupier as an other, and yet never found I better or more assured gain, than by putting out my money for gain, the same being always the best and easiest trade, that could be in the world. And in a dead time when there is no occupying, either by restraint or thorough wars, what would you have merchants to do, other wise then to turn the penny, and to live by their money? for if they should spend still on the stock without lending for gain, or barrattinge any whit at all, I do fear the best of us all (I mean such as live by our money) would soon shut up our doors, & play the bankruptes, which were a most abominable shame, & a great dishonour to this realm. Do not you know, that we are ever called upon in time of need, to lend to the prince, for maintenance of the state? Have not noble men money of us, & all other gentlemen of service, whensoever they have need? And when is it, that they have not need of us, great need god wots full oft, & many a time? yea, need must always be, & men shall ever have need. And where is money to be had, in time of need, if the city should fail? Many men talk of Robbyn Hood, that did never shoot in his bow. Is not London the queen's chamber? Are not we then chamberlens to her majesty, people always ready to spend not only our goods, but also our lives in her service? So that, if we wear not, the state, as I take it, should hardly stand, or perhaps not be in so good case, as it is at this present. We lend not for usury, but for interest, and by exchange, and I think no man can disallow either interest or exchange. I pray you, if an ambassador shall have cause to travail in the affairs of the state, or the Queen's agent occasion to pay great sums of money abroad in other countries beyond the seas, what will you have done, if the exchange were not? How can great masses of money be carried to far countries, if bills of exchange be not current? Or who will be so mad to pay thousands in an other country for moon shine in the water, to have nothing for his pains, but only his labour for his travail? Hope of gain maketh men industrious, & where no gain is to be had, men will not take pains. And as good it is to sit idle and do nothing, as to take pains, and have nothing. Merchant's doings must not thus be overthwarted by preachers and others, that can not skill of their dealings. And this ever great curiosity of some to meddle in other men's matter. I must tell you plain it is even the very right way to undo all in the end. Therefore say what you will, I will live and amend, so as I may live every day better & better, by any means, I care not how, yea I will make hard shift with the world, and strain my conscience narrowly, before I will either starve or beg both I & my children after me. Provided always that I will not come within the compass of positive laws. and this I wot well, that by all laws a man may take as much for his own wares as he can get, and it is no sin for one man, to deceive an other, in bargaining, so that it be not to much beyond gods forbade, and a bargain is a bargain, let men say what they list. Such your straight prohibitions and strange preciseness, my masters, do make men weary of their lives. You may as well forbid buying and selling, as forbid taking interest for money: for I pray you, what difference is there betwixt the one and the other. I do buy a piece of land for 500 li. this day, & cell it to morrow, or within six months after, for 600. li. And I do lend likewise 500 li. at the same time that I do buy land, and do receive within six months after 600 li. again for my 500 li. so lent, what difference is there betwixt these two dealings. God amend you my masters of the Clergy, and you civilians also. Civilian. Soft sir, you cannot tell, what I would have said, although you have heard the other, and therefore you do me wrong to cut me of before you hear me speak. Gromelgainer I pray you bear with me, for I was tickled, here is altogether, titel, tattel, and all to little purpose. This understand you all, and trust unto it, men are loath to be controlled in their ordinary & accustomable trades of geattinge, and as you may well know, gain is sweet, howsoever men come by it, and men are loath to leave their old wont, to begin a new trade of dealing, that will sooner bring men to beggary, than any whit increase their living. An old custom, although it be bad, must not suddenly be altered, for all innovations are dangerous, although they be for good. If a man should speak against your profession, and say, your law is full of delays, Lawyers are costly, and better a man lost his right, then follow it by law, I think you would be angry, though in so saying, he might peradventure say truly. And so I that know both your callings, & have heard you both heretofore deal in places judicials, and have felt also some trouble in either your courts, am not well pleased to have my occupation and living pinched at, defaced and made worse, them any other vocation is, no more than you would have either your professions or titles ransacked, or called in question. Ockerfoe. I am sorry to hear so much as I have heard, wishing amendment, if it please god, in all estates: But to your arguments master lawyer, I will answer, and to you also master Gromel with master doctors leave, for I am inwardly grieved with you both, as a Christian man aught to be grieved. Civilian. Although you take my course from me, yet will I not think amiss of you, but ever give place to your profession, and honour divinity: for as saint Paul sayeth, the word of God is salvation to all believers, and therefore necessary for all men to hear & so to know: yea the more we study therein and hearken unto it, the more happy and blessed every one of us shallbe, whereupon the Preacher replieth as followeth. ¶ The Preachers Replication. YOur foundation sir, that you first laid to prove your matter with all, is not good, nor sound, so that your can not stand, but must needs fall to the ground, for thus you say: usury is not hurtful, except it be biting. I do answer, whosoever stealeth but one penny from a rich man, is a thief before god, and if he steal twelve pence or above, he shallbe hanged by the laws of the land, as you best know, and yet you will say: and all men know, that here is no biting, but the matter is this. The law hath said, thou shalt not steal, for he that stealeth be it more or less, is a thief, because he taketh an other man's goods feloniously against his will, being forbidden both by God and man so to do. Even so say I, whosoever taketh but one penny of gain by covenant over & above his principal, for the use only of lending, & in respect of time, he is an usurer, although here seemeth no biting at all. For God hath said. Thou shall not agreed to take by covenant, any thing over and above thy principal, and therefore it is sin, being expressly forbidden as theft is, and so not to be used amongst christians, for therefore is usury called a biting, because creditors are commonly unmerciful, & care not what they geate, and whom they undo, & so they do bite & grieve poor men very sore, yea they make rich men oftentimes stark beggars. Whereupon god to cut of all biting, & the colour thereof (for if you give then an inch, they will take an elle) hath altogether forbidden his people, to take any gain at all for lone, the rather to induce men to christian charity, that is, to lend freely, to help the needy, & to do as they would be done unto, if the case wear theirs. Now when you allege that you cannot have your money at your days appointed, and therefore in reason you should have a recompense: I do not deny, but that they who keep your money longer from you, than by covenant was agreed, are to answer for it, and in all law and reason, must pay your damages and interest of your money, for so long time holden from you against your will, for herein he doth you apparent wrong: and covenant was there none for gain to be reaped upon the principal, so that this is no usury, but he only to be blamed, and to be punished by the purse quantum tua interest, for witheholding your proper goods from you, for so much time, against your good will & mind altogether: & damages may justly be awarded unto you after ten or twelve in the hundred, & no usury herein committed at all. Your distinction of three sorts of men, and three sorts of dealing, is rather politic than christian, rather wordely, than divine, although some divines be of your mind, but they speak of their own heads, without warrant, & so their devise can not hold, for you aught to lend freely unto all men, rich & poor, lord & gentleman, king & Caysar, for that god being the lord of the rich, aswell as of the poor, hath utterly, & precisely forbidden all usury amongst all men, that are of the household of faith, except perhaps, you will say, that rich men are no christians, or not gods people, the which I trust, you will not so much as think, much less affirm the same by speech. And your example of comfort and fellowship, with others, to lend money to them that have none themselves, & so to reap in common that gain, that they might make by their industry & travail, the same is not law full if you deal for assured gain, by contract aforehand, except you will be aswell contented to bear with all losses that might happen, as to reap certain gain, for in so doing, where the gain is uncertain, & none assured contract made before hand, I do not take that to be usury. To do good, I grant is natural, & blessed be the good doers: but to make gain by lending money is unnatural, wicked & monstrous, what gain, or profit soever come to your friend by such borrowing: for your mind & intent of lending, must be to help, & not to reap benefit by him that gaineth by borrowing of your money: for be it your friend were like to loose a 100 li. land, for not payment of 300. li. & one understanding his need, & the danger that he is in, do lend him 360. li. in money, to save his 100 li. land, that else would be lost, taking nevertheless this 60. li. gain, or more, in the whole, & having his land in mortgage for a year for his own especial profit, & to the utter undoing in time, of that poor gentleman: Herein sir, as he did seek his own commodity, so did he deserve no thanks at all. And where the gentleman did own before 360 li. having received of the usurer no more than 300 li. now you to show yourself a more merciful man, will help this gentleman better cheap, after 15 li. in the hundred, crying out of that other cut throat (as in deed, one usurer cannot abide an other, and every one will cry out against his fellow usurer) and so you will take his land on god's name, for assurance into your hands, having a full intent with yourself to be Lord of all that he hath in the end, for except he pay you when you see your time, you will have it all in deed. Now this gentleman, having paid 20. li. in the hundred, and to you again 15. li. he is to repay 105. li. over & above the 300. li. that he borrowed for two years only, his debt rising after two years 105. li. above the principal. And now for fear the Chancery, or thexchequer, or any other court should remedy this mischief, for taking so much land for so little money, you will be contented, that he shall still pay 15. li. by the year for every hundredth, till it come to the quarter, or half value of the gentleman's land, and then you will lend no more, except you may have all your money, which he is ever the less able to pay, the longer that he borroweth upon usury, and so in effect, the poor gentleman loseth his hundredth pound land for ever, for the only borrowing of 300. li. in money, and the forbearing of the same money, for five or two years, or there about. Is this charity? is this love? is this godliness? had it not been better for the gentleman to have sold his land out right at the first, and so perhaps to have received 2000 li. and upward at the least for it, than thus to lose if for 300. li. with the usury of five or six years? This is the goodness and natural dealing of usurers with plain meaning men, god turn their hearts, and sand them better minds. But to colour your doings the more, you say further, that this overplus taken, is neither against nature, nor against law, for if it were against nature say you, it should be forbidden universally, whereas god hath given leave to lend money to the stranger for gain. I do answer, that usury in his own nature, is universally hurtful and against nature, as all the moral precepts are, and yet god may permit or allow the use of it, as he liked well, that the Israelites should rob the Egyptians, and yet theft is damnable, and against nature, & universally forbidden, where god hath not allowed of it. To worship images, is also forbidden, as a thing against god & nature, and yet god suffered the Cheru bins to be erected, & allowed of the brazen serpent, but particular Images permitted by God, must not exclude universal laws. And you know, we live by laws, and not by examples. You say further, that this overgayne is a reward given, and reward may be taken for good turns done. In deed if you would stand to the courtesy of the lender, and not hope for gain, if any thing came vnloked for, or unhoped of, I do think you might take some small present with a safe conscience, but those rewards and gifts that you receive, are enforced payments, and by former contracts and covenants assured, for else you would not lend money: & therefore you give a wrong name to your usury gains, to call them gifts or rewards, for they are rather compulsory debts, and violent bargains made, against the will altogether (as God knoweth) of the needy and poor borrower: for in deed necessity maketh men often times, both to pray heartily, and to pay dearly, that would else full gladly borrow freely. Yea blame them not, that being driven to an extremity make greater offers, than they are well able to perform, or to bear the burden of them, because need maketh the old wife to trot. And what though worldly laws in some respect, do allow this chevisances to avoid further inconveniences, as single whoredom in some places is tolerated, that men might keep their wives to themselves in better safety: yet god forbiddeth expressie, aswell the one as the other. And therefore where Laws are made against gods laws, they are evermore ungodly and wicked, what colour or gloze soever you do set upon them. And what though charity be cold, what though men will not lend freely, shall therefore men be allowed or suffered to lend wickedly? Better the world were overwhelmed, and mankind wholly destroyed, rather than sin should openly be maintained, & god thereby altogether defaced. And where you seem to say, that gods law doth allow it, in the nineteen chapter of saint Luke, I would you and all others committed such heavenly usury, and mocked not at those talents, which god dareth man to bestow, for so you should be gods good servants, if you bestowed your talentes committed to your charge accordingly. And where it is 〈◊〉 in deuteronomy: Thou shalt lend to a stranger. In deed do so still, that is to an infidel, to a Turk, and to him that is not of the household of Christian faith, for that is the next way to undo him▪ so that as to kill a Turk, or an infidel in the quarrel of Christ's religion is lawful: so may we oppress him, bite him, yea and eat him out with usury, the readiest way surely to undo any man living. And I do not think, that the common law of England, did ever bear with usury, although some statutes have tolerated usury. I do know that kings in all ages have banished usury out of this land, aswell before the conquest as since, & amongst the rest, king Edgare did utterly forbid all usury. And since the conquest, king Edward the first, who did sand out of this realm, aswell such bankers, as came from the pope Gregory the tenth, called Caursini and were brought in by one Stephan, the pope's chaplain, in the time of his father king Henry the third, as all manner of Jews at that time, with whom the Realm was merueslously pestered and oppressed also with usury, their proper art and profession, wheresoever they devil, who surely do very well observe their law, for they taking all Christians to be strangers to them do lend to them for gain wheresoever they be dwelling, never lending one to an other, otherwise then freely, without hope to receive any gain at all of them. Your argument of plate, is of no force, for plate weareth & consumeth away, & cometh oftentimes broken, and is at his peril that letteth it to hire, & must be returned in the same form as it was delivered: whereas money returneth without loss in the same kind only, & of the same quantity & value, & having changed the property, is at his peril that hath borrowed it. And likewise, lending of divers coins of gold & much money to a banker, to receive the self same form again, may bring gain without usury: but this is not properly called Mutuum, a lending, but rather Commodatum, a letting to higher, because the property is not altered, but abideth still in him that did let it to hire, who must abide the peril of it, if any mishap do chance otherwise then well, without his fault that took those goods to higher. Your covenanting and bargaining to have part of the gain, by your money lent: with allegation, that you might loose in a bargain for not having the said money, doth show that you go about nothing more, then to cloak usury, and to maintain the practice of it, by all the shifting and colourable means you can. And if you say, therefore you will not lend, because you may not make your own gain, I say unto you, that then you are an unmerciful man, and no servant of god: in that you turn your countenance from him, and will not lend him money, that being an honest man doth offer to put you in good assurance for restitution. And still you would have usury to be a lawful trade, and for nothing will you agreed that usury should be simpliciter a sin, as whoredom, adultery, and theaft are, and yet god doth so name it. Again, your lending to an other, to save his land, and to benefit yourself thereby, is no thank to you at all, but a devilish and a covetous act, directly against god, notwithstanding the good whatsoever it be, that your neighbour receiveth thereby. And what though your neighbour be saved from famine, in time of extreme dearth by lending him corn, then to receive an overplus at twelvemonth after, yet are you wicked that did lend for gain, when men had most need of help & free relief. And belike it is you and such others, that are the cause of such dearth: for nothing causeth dearth of all things so much as usury, for by usury the prices of wares are raised, victuals are the dearer, and they that would labour & turn up the ground, cannot for want: whereas the wealthy folk that have most money, live most idly, without doing any thing else, but making money of money, an evil dish of meat for him to feed upon that is an hungered, & yet surely a thing most meet for usurers to eat upon. Yea I would that all usurers had none other food to nourish their earthly bodies withal, when they were most hungry, and to say unto them as was said unto Crassus being dead, aurum sitisti, aurum bibe, Thou didst thirst to drink gold: which gold the Persians' in deed moulted and powered into his mouth, when he was dead and slain in battle. Now Sir I pray you, who speaketh more with charity? he that counseleth all men to lend freely, or he that willeth all men to make gain of their money? Surely I will say, when you seek your own gain cheeflye, there is no charity nor love in you at all, although you take but moderate gain: for not only biting usury, but all usury is against charity, because it is iniurius, sinful & directly against god, even as theft is, be it never so little. But still you run to dyminyshe this offence, with shewing that a penny upon 100 l. biteth not. Well, I say unto you it is an injury, it is a wrong, it is a thing forbidden by god, and therefore a sinful deed, say you what you wil Theridamas is difference in deed betwixt the biting of a dog, and the biting of a flea, and yet although the flea doth the less harm, yet that flea doth bite after her kind, yea and draweth blood too. But what a world is this, that men will make sin to be but a flea biting, when they see gods word directly against them? And thus you run to the property of the word, and so try it in divers languages, which in deed signifieth a biting. And now you triumph and say your pleasure, that a man may be a little naught, so that he be not altogether stark nought: well, god gave this name in divers languages after this sort, that such vice might be the more abhorred. For as spoiling is forbidden, so is picking also, and although in man's judgement, the one be less than the other, yet before god he is a transgressor of the whole law, and as guilty of death and damnation that hath pyeked, as he that hath spoiled. And so in usury it is to be said, aswell he shall dye the death and not live that hath taken little, as he that hath taken a great deal, because the law of god hath forbidden all manner of usury what soever, and will not in any wise that any thing shall be taken over and above the principal loan. For gods will is, that lending should be used, as it aught to be, that is to say, freely with out hope of any gain at all, that charity thereby might be the oftener exercised betwixt man & man. But you can not abide this charitable dealing, & therefore coming to the greek and latin word, which both do signify a birth, you make a jest of the little pretty babe that 100 l. bringeth forth but a bore penny. Well, I will tell you, how little soever you think it to be, it is the babe of darkness, and it is enough to bring you to hell fire. You measure things by the value, and not by the breach of god's law. Adam and Eve thought it a small fault to eat of the forbidden fruit in paradise, and yet you see what followed of it. They lost everliving joy by it, they felt the smart of this miserable world, and were banished out of god's presence, and all their posterity after them forever, had not Christ of his mercy in the fullness of time, been our Redeemer and appeased the wrath of our heavenly father. So that the thing itself, is not so much to be respected, as the doing of it against gods will and commandment, who forbiddeth all sin. And although it may be thought, that I am somewhat nice and mince the matter over finely: yet let men remember what they aught to do, and what god requireth of them, & I doubt not, but they will think that I have said little enough. And now you return to your three sorts of men: unto the which I say unto you, that in god's presence & before his majesty there is no respect of persons, that are of one faith, and as well do you commit usury in lending to a king for gain, as you do in lending to a poor wretched man, although you do not bite so much y● one as the other, because usury is forbidden in all degrees, say what you wil Neither are circumstance, time, place, nor person to be considered in lending for usury, no more than in the very nature of robbing: Marry, if you would lend freely it were an other matter, for than I would wish, and it is reason also, that every man had the chiefest regard to the poor and needy person. Your allegation of those texts: give to every body that asketh, and pray ever, and pray without ceasing, and be always glad, do nothing hinder, but that all usury is damnable: for although those texts are to be compassed within certain bounds, and have their limitation by circumstances as reason would, and gods word in other places doth very well allow thereof, yet all manner of usury is always evil, be it never so little, because the lord god hath plainly and expressly said it, and that the contrary cannot otherwise be gathered in scripture. And so I say of all your other texts that you do afterwards infer, they have their proper interpretation and restraint: and yet taking overplus for lending, it is always sinful, because there is no interpretation nor conference, of any text in scripture to make it otherwise. But still to maintain your argument, you say that men do not take money for lending, but because they loose their gain in the mean season, that they do lend, & sustain loss & harm perhaps, for that their money is out of their hands. Thus I see you seek to mock with god, for I say plainly unto you, you aught not for any respect put your money to gain by lending it. But according to your profession, you bring out your statutes of 37. Henrici. 8. where usury is tolerated, if it be not above. 10. l. in the hundred, & this statute you do like well, but the statute of. 5. Edw. 6. you like not at all, where usury is altogether forbidden. Well I am clean contrary to you: for I like king Ed. statut best of all, because it is agreeing to gods word, and I can not in any wise allow or like king Henry's statute, because it is against god's word to have any such toleration in any Christian common weal, no more than theft, advowtery, or murder are to be winked at. On you go still, & put this case. You have a great adventure beyond the Seas, & stand in hazard of your return, as you think: as who doth not? You sai thus to your friend. If your goods come home safe, you shallbe in good case to help a gentleman, or your neighbour at a pinch, Marry otherwise, if by mishap your goods do perish, then are you cast so behind hand, that you shall scant be able to hold up your head, much less be able to help others. Therefore if your friend (say you) will bear with such losses upon your adventure, as may casually happen after the rate of 12. or 14. in the hundred, for so much as he shall borrow, then will you be contented to deal with him, otherwise you will keep somewhat in store against foul weather, & not departed with that, which you have in assured possession to have nothing for your labour. This (as I do remember) is your speech, whereunto I do answer. If you will aswell take nothing at all, if no loss do happen to you in your adventure, as be assured to have something, if any mishap do chance, & deal plainly in your doings without fraud or covin: than I do think it is no usury for you to make such a bargain, because the gain aswell as the loss are both uncertain. After this you put forth a matter as though it wear a pitiful case. A widow hath left her by her husband. 500 l. in money, & for six small children that cannot help themselves 200. l. for every one, to be paid unto them when they be of years, & you say what shall the widow do? How shall these children be kept: neither she nor her children having any trade, to increase or maintain their substance. And therefore what other thing should be done, but to let out their money for reasonable gain, rather than the widow & children should perish, & their goods waste away? I do answer still, that no unlawful trade is to be used, to advance welfare. Neither do I allow of your order in London for orphans money, because it hath no ground upon god's word, but rather utterly forbidden: for god hath no regard to these circumstances and pitiful cases, but willeth all men to live as he hath commanded by lawful trade, and in his fear. And if the usurers money is damnable which is bestowed for redeeming of captives from the infidels, and marrying of fatherless maidens: what shall we say of this money, which is given for the maynteynance of orphans & widows? Is not the case all one? And is there no way I pray you for orphans and widows to thrive by, but only with going always into the devils dungeon, and seeking out these crooked corners of wicked ockre and damnable usury? Is there no way to be used by friends, with buying or selling to do good to this widow or her young babes? Is there no farm to be bought for money? Is there no occupying that will do good, but only flat usury, a thing so unknown heretofore, as nothing less known, and being known, so abhorred, as no man could abide them that were known manifest usurers. Now lord god have mercy upon us, what a world is this? You put an other case of a serving man that hath no trade to live by, because he hath been brought up only to wait upon a gentleman, and to do nothing else, and because his master is dead, and he can get no service to live by, you will in any wise, that whereas he hath a little money lying by him, he may live by the gain thereof, by putting it out for tyme. I do answer, that he ought not so to do, because god would not have him so to do. And for this matter I will allege unto you Saint Augustine's saying upon the psalm in this wise. Audet etiam faenerator dicere etc. August. The usurer also presumeth to say, Psalm. 128. I have none other trade to live by: so may the strong thief say when he is taken by the throat with the manner; so may the burgeler say, when he is laid hand on, in committing burglary, so may the bawd say, that selleth young maids to be common harlots, so may the sorcerer say, when he or she enchaunteth evil things, and sell their enchantments. And whatsoever like thing we should go about to forbidden, they might all answer, they had none other way to live by, and to find themselves, as though that this were not chiefly to be punished in them, because they have learned the art or occupation of lewdness to get their living by it, and will thereby feed themselves, whereby they offend him, by whom we all are fed. Thus far Saint Augustine. For your Shipwreck, thus I answer. That where you pay ten in the hundredth, poor folk shall far the worse, for when you make your sale, they shall pay for your usury to the uttermost, and your suit obtained, you shallbe answered your money and your usury, to the last farthing by them that shall deal with you: and so poor folk shall always be racked, and the common weal hereby shall feel great smart through this wicked usury. You say farther, if one deposit his money to an other man, and the same man doth increase it, without your knowledge, that then it is reason you should have the gain. I do grant this to be true, & very reasonable also: For as master Civilian knoweth better than I do, the money that was put in an other man's hand to keep, is his that did deposit it, and not his that had the keeping of it. So that if the money had been lost by some great mishap without any plain negligence, or known folly of the keeper, the owner should have borne the loss, and not the keeper of the said money. A good lesson to teach him and others, that put such men in trust, to make choice of a better hereafter. Then if the loss should be his that was the owner, it is good reason, and a thing also agreeable to nature, that the gain likewise should be his, that was lord of that money, whereof the increase did grow, and without the which any gain could not else have been made at all. But still to help yourself, you bring in a crooked question, and cast beyond the Moon, asking: what if the debtor should fail, as many times they do, and then all is gone: wear it not reason to be assured of some gain before hand, for fear of such harm? I do answer, that you willbe sure to do harm, upon the casualty of harm, that might happen, which is ungodly in you to do, for that you witting and willing do offend against your own conscience. At last you come to breaking of days & forfeiture of obligations, and think you have wrong if you may not take usury, for wanting your money a month, two or three after the day: I do say unto you, as I have said before, that in this case you may lawfully ask interest, and god forbidden but you should be considered for the time, because you have sustained loss through breach of covenant & are dysappoynted thereby to your great hindrance, as it may fall out. And no reason it is that you should loose for an others benefit, and feel smart of your own goods, when an other shall reap profit by it against your own good will, for your great good will erst showed unto him before. Neither can this be any usury at all, because there was no bargain for any overplus to be had for the receipt of that money, if it were paid at the day, but only a forfeiture of a bond, for not keeping touch, the benefits whereof, the law doth cast upon every body, where covenants be not performed: and good reason it is, that it should so be, so the bonds be reasonable, and the forfeiture not excessive. At the last you come to a rate, & would in any wise have ten or twelve upon the hundred, either appointed or tolerated, aswell for common benefit, in dealing betwixt man and man, as also for stopping the covetousness of greedy cormorantes, whose insatiable minds no convenient gain will satisfy, and this you think very good for all parts. But I am not of your mind, because god is against you, and therefore I do abhor all toleration of usury: much less will I ever yield to any allowing of it at all, but rather I would wish, that there were as strait laws to forbidden usury, as there be to forbidden felony or murder, that charity the rather by this means might abound universally, and men might lend to all men freely, as god hath commanded, & nature requireth, for surely I do think, that charity waxeth could in this age, for want of knowledge, not but that preachers deal with this matter, as much as with any other offence, but that the hearers do not perfetlye know, or at the leastwise are not fully persuaded, that all usury is sin, as theft, murder, and other offences are, without blaunching or tempering of it at all, for no doubt, if men did know it in deed to be so heinous a sin as it is: I do think verily, if there were any fear of God in them at all, they would not be so evil as they are now, nor so hard hearted, to withdraw their christian charity, from their brethren as they do, and to run headlong into so bottomless a gulf of all wickedness and abomination, the true knowledge and consideration of which offence, I pray god, may enter into all men's hearts, that they may the rather amend their lives, through charitable dealing, with their dear brethren in Christ, to the high honour of god, and to the great advancement of his most holy william. And now to you, master merchant, I pray you heartily, remember god in the midst of your occupying, & deal not willingly against his will. If one should call you thief or murderer, I know you would be very angry, and yet he that proveth you an usurer, maketh you ten times worse than a thief, & as evil as a murderer, yea this will I say, it wear better to wink at a hundredth pickpurses in London, and less harm should they do, then to suffer the wring of twenty known usurers, for a man may keep his purse from picking and cutting, and if one should loose it, there were but so much gone, & a man would be wiser afterward, and others would take heed by his example: but from an usurer, none can be rid that hath need, being once entered: for he will not leave a man, till he have gnawin him, even to the very bones, that he is not worth the ground he goeth on. But to your reasons, you say if the assurance of gain be taken away, there can be no trade nor bargaining amongst men at all. Sir, I do not see that any man forbiddeth you to make gain of your own lawfully: Marry to be a time seller, to gain for days, months and years, and to make the sun shining, which god sendeth so freely unto us to be the fruit of your occupying, and to make money of money, for the very act of lending: these dealings I do say, are most abominable in the sight of god and man. Yea with what face or countenance I pray you, can we look upon the sun, that do so abuse such a light sent unto us from god? Or how can we number our days and years with a clear conscience, that do thus most horribly defile good time with our lewd dealings. For whereas we should the rather love one an other, seeing god doth love us all, and sendeth this brightness to shine over us for all our comforts and welfare, and many fair years, to enjoy gods blessings upon earth: we turn the benefit of this light, and this time, to the utter undoing of thousands our dear brethren, making the sun shining, and continuance of years, daily to increase our coffers most unlawfully, to the decrease of all others, that have to deal with us: For surely, this kind of lending for gain, is the undoing of all occupiers, and the distructiou of trade: because men that buy dear, must cell dear, or else bear the loss themselves, as they often do, and so are undone in the end. Besides this, there is a great inequality, betwixt the lender and the borrower, wherein the just proportion of man's conscience is broken: for why should one have more for his goods than they are worth, or rather why should one have for nothing, more than his principal? For when I have borrowed money, the property is in me, and I am lord of it, and so much as cometh to my hands in money or goods, I ought in right to repay the value of it at a time appointed, and no more than it was worth at the time of delivering. For if one take more than his principal, in respect of time, he taketh that, which is none of his, which is plain theft, and a deed contrary to nature, yea it is both against god's law, and man's law to. Now the harm that ensueth hereof, is very great, for the most part of men are hereby in such sort oppressed, as the wealth of the world cometh to the hands of a few idle wretched caterpillars, that do nothing in the world but eat up whole towns, countries and kingdoms. It is written. Sap. 11. Sap. 11. Thou O god hast ordained all things in measure, number and weight, now then, he that will not deal justly, according to measure, number, & weight, the same man is not worthy to live upon earth, for that he doth wound his own conscience wittingly, offendeth god grievously, and breaketh the law wickedly. And what measure I pray you, doth the usurer keep, that taketh more than he laid out? for one peck lent, two, for his own again, more than his own again, by a quarter, yea some times, more than half. For a peck of wheat lent, a bushel at the years end: And what reason is this, that for one peck lente, a man should have more than one peck again, which was his own before, for more than a man's one, no man should have by all law of right, conscience, and justice. And where you say, that men will not lend freely, and therefore it were necessary, men should be suffered to lend for gain, jest otherwise the more part of men should starve for want: first I say, if every man would live in his trade and calling, as he ought to do, in the fear of god lawfully, there would be money enough, and men should not want of other men's plenty that live so godly. Again I do say, this is a pitiful hearing amongst christians, and a great token of unbelife and gentilytie, when we are so unwilling to lend freely, seeing god hath commanded us so expressly. And surely if we lived, as we aught to do, there would be free lending, and great plenty of money every where. And touching the necessity you speak of, that men should therefore be suffered to lend for gain, jest otherwise the most part of them should starve for want: I tell you plainly, you speak in this behalf, rather like a man, that can better deal with dross and money, than judge of god reason, or any godliness at all: For by such your speech, covetousness should be holden for good, because the rich will not be liberal, and adultery should be esteemed equal to chastity, because many men will not forbear their neighbour's wife. But sir, both you and we all, aught to consider not what is done, but what of right ought to be done, & so far to deal, as we may, and are allowed to do by god, and good laws. And I say further, if usury were felony, and the prince entitled to the offenders goods, and no favour showed, there would be store of money, the rather, through the great occupying that men would use, having god's blessing and enough, when all unlawful trading were utterly forbidden, upon such pains. Neither ought men to make the most of their own, that they can, as you say, otherwise then by law they may: for so, the evil woman may say, that because her body is her own, she may do with it what she list, and company with whom she pleaseth for her best profit and avail, whereas god hath commanded, that every body should keep his own vessel pure, unto holiness, because we are all the images of god, created to his likeness. And thus being forbidden to deal unlawfully, if doth not follow that buying and selling are by this means taken from you, nor yet exchanging one thing for an other, barred any thing at all. But to lend contrary to the nature of lending, which should be free, and to make an other contract, than ever god or nature devised, to advance your gain thereby most ungodly: surely such kind of dealing, I must needs say, is utterly, and chiefly forbidden, upon pain of damnation. But to have your unlawful doings borne, which all you allege, that you do lend to the prince, in time of need, and that the nobility and gentlemen are much aided by your lending, and that need willbe always, and men shall ever have need: I will answer you, cursed be that lending, that maketh the borrower go a begging, that undoth the state, that destroyeth nobility and gentlemen, that driveth the prince, to seek aid of her subjects by parliament, to pay her debts. For it is you usurers, and none other, that bring the prince behind hand, with taking twelve and fowrteene in the hundred. A strange people, that take usury of their prince, being their assured defence, their loving nurse, and their chief safeguard. But you will say, your merchandise, and your occupying shall decay, if your money he out of your hands, & therefore you must, for very necessity make money of your money, or else have it in your own use, other wise you cannot live. Then I see well, you will not loss, for the prince to gain, whatsoever charges her majesty sufteyneth, as of late her majesty did, in suppressing those godless traitors, & Romaniste rebels of the North, to her immortal fame: you still willbe gainers upon the queen's cost & expenses, unnatural subjects I must call you, & unmerciful citizens, that will have such certain gain, upon money so well bestowed, for the welfare & safety, not only of all your goods, but of all your lives And here you make a great matter of your lending, others have lent sir, aswell as you, & more than you to, & yet were they lewd men notwithstanding, & banished the Realm for their usury. The Jews I mean in king Edward the first days, dwelling in the old Jury, did lend in a greater quantity, & better cheap to the king, than the English men did. But what thank is that to them, or to you either, that lend ungodly for gain & profit only. And where you talk of need & want, that want must be, & men shall always have need: I do assure you, in mine opinion, this your unmerciful usury, is the chiefest cause of all want & need. And shall I say as I think? It was one of the greatest causes of the last rebellion, next after their horrible lothinge of wholesome religion: for had not men paid unmercifully, for that which they borrowed, & grown thereby so deep in debt, through usury, that they were not able to pay their creditors: they would never so desperately, as I think, have withdrawn themselves, some of them I mean, from the obedience of their sovereign lady and prince. And therefore I say, their need, which did grow through usury, was after a sort, the cause of their naughty doings. And of this, they may thank some of you greedy merchants, & others, whom no reasonable gain, otherwise can suffice, but still are heaping gain upon gain, this way & that way devouring noble men, and gentlemen, even to the very hard bones, till their goods and lands be quite and clean made away, and they, as voyd of welfare, as you are of honesty. You call this City, the queens chamber: if you continued still as you do, you will perhaps turn it to a chamber in deed, yea a chamber only, & no City, & a very small row me for England's welfare. God be merciful unto us, and grant charity and love amongst us, that we may say, as saint Ambrose sayeth of Theodosius the emperor, Ambros. in mortem Theod. in a funeral sermon. Who feigning the said emperor to be asked of the Angels in heaven, what he did upon earth, made them answer, no more but this, Dilexi, I loved, which love in deed, is the fulfilling of the Law. And so I pray god, we all may make that reckenning, when we shall come to that general audite in the latter day, that every one may say truly and unfeignedly Dilexi, I have loved. But you say, thexchange is lawful, and that trade, you do use most commonly, in lending and putting out your money, as it goeth usually in the street, and this you say, no man can mislike: I do answer: Would god you used thexchange, as it should be used in deed, and made it not a cloak for usury, giving a good name to a naughty deed for as you do use it now, it is none other, then flat usury, colourably cloaked, under the name of exchange. I cannot deny but thexchange is good, when every man helpeth his even christian, to have the same value in an other place, disbursed to him here at home, and deal so truly with his neighbour, as he would that his neighbour should deal with himself in the like case. But thexchange is now used only for gain to themselves, and not for good to others, to benefit themselves chiefly, and not to help their neighbour's need. If merchants wear as they should be: that is to say, fresh occupiers, and adventurouse dealers in other countries, like merchants, they might serve princes necessities, and furnish their Ambassadors, with value for value, at an equal rate, without making merchandizes of money, the most devilish device, that ever was invented by man, to undo all states and countries. The exchange is then offensive, when more is received in respect of time, than was delivered, and therefore to speak how the exchange riseth or falleth, is nothing else to say, but that good men must be forced to pay, according to the covetous man's desire, that regrateth all gold & silver into his hands, to make a scarcity, and holding the mass in his power, will not let go any part of it, without excessive return, and so 'cause men to pay in respect of the month, more than they should do to receive upon the sight, within three or four days after the exchange is made. And I pray you, how is measure, weight & number kept in this kind of dealing, except you will say, that time must be reckoned as a part of your gain, which dealing is unlawful, and forbidden by god. Therefore let every man give value for value, pound for pound, ounce for ounce, as things are worth, and then just proportion is kept, as it should be, and every man's necessity served a right without unlawful gaining, in respect of tyme. As for example. If fowere ounces of English money, which is one pound weight, or twenty shillings tale, be worth 23. S. 4. d. flemysh in pound weight, or pound tale, then let thexchange have so much and no less in Flaunders, and let him not pay any thing over and above, for any respect, either of time, charges, or for any other consideration whatsoever. But you say, that if trading for money upon money be a hurtful thing, and an offence to god, them is buying and selling also unlawful. God forbid. And this is my reason. In buying & selling, your gain is not always certain, as it is in usury: for he that buyeth land this day for five hundredth pounds, shall not always be sure to gain a hundredth pounds by the bargain, but sometime he loseth, and can not have his own again, whereas the usurer is always sure to gain, whosoever loseth, having good & sufficient assurance always for his money. I grant that every man may make the best of that, which he hath in his own possession, by lawful trade and just dealing, as the laws of god and man have ordained: but always I would wish, that charity should be used ever in bargayns. And in any wise I would have this ungodly and devilish devise to get money with money, to be utterly banished, a thing so monstrous in nature, as if thorns should bear figs, or stones should bring forth lively creatures. But what doth not the unsatiable greediness of man devise, and imagine with himself, to increase wealth, and to heap up riches together? And especially what do covetous merchants leave unsought or undone, to get goods into their hands? a kind of vermin so wedded to scrape up money, that many of them oftentimes fall out with the dearest friends they have, for the value of a penny. And rather than they will yield willingly to any loss, they will take such pains, that all worldly wealth is not so much worth. I pray god that some of them do not prefer money before god & their own soul health. I have read in an old writer upon the law, that thinketh it a thing almost impossible for these worldly merchants to be good christians. Belike he speaketh it be cause merchants are commonly given to usury, & sunken so deep in covetousness, that they are drowned in it. Which vice in deed, is the root of all evil, the greedy searcher of all hidden gain, the bottomless whurlpoole of all apparent spoil, the gainers themselves, never fortunate with the fruit or benefit of the goods they possess, but rather being most miserable & hungry, by a certain strange greedy desire to heap them together, are swallowed up with the unsaciablenesse thereof, & cast headlong to hell pit, to live there with the devil & his angels. An other sayeth, that a merchant occupying usury, Alex. cons. 46. paucis utar. volu. 4 is a person abominable, & worthy to be loathed of all men, for his gain (saith he) is most filthy. I pray you therefore master Gromell, make this jolly lawyer an untrue sayer for your part, saving the worship of this company, & with his leave: & amend you one, and be a merchant in deed, which is a worshipful calling, & do not so much hearken to the devils sophistry, that you will not allow the true & almighty logic, & godly reasons of our heavenly father, lest confusion be your end, both in this world & in the world to come. But master Doctor, it had been my part to have given place unto you, whom we all desire to here in both laws aswell canon as civil: because you are a professor in them both. And to say the truth, your calling and profession is to deal in these matters by order, & taking knowledge thereof to punish by censures of that church, & your skill herein is better than ours, as master lawyer hath said before me, and somewhat charged me with overmuch intermeddling in the particular trial of this offence. Lawyer. It is truth sir, saving my quarrel for your great heat, & now I would gladly answer you in my heat for many things, that you have said, but perhaps I should offend: although to say truth, all that hath been said hitherto, should be under correction of master doctor that hath in these things most skill, and can put forth more cases in one hour, than we are able to assoil in a whole year: Who if he can by his learning, after your divine preaching bring us to such certainty, as to make master Gromell here to lend every one of us freely 100. li. before we depart: I would call him an other Chrisostome, that is, he that had a golden mouth where with to speak and utter his mind. Gromell gainer, my purse is mine own, and before I lend, I will know how to come by it again, and in my lending I had need to take good heed, what I did, lest I be first cried out upon in the pulpit, next brought into thexchequer, and lastly to appear in the Arches before my lord of Caunterbury and his officers. So that I and my boy here, are both beset, god help us, and long it will be before we gain to bear office in London, by such kind of oration and preaching, although I must needs say, you do much astone me, master Ockerfo, with your terrible threats and curses from god, whereby I am sometime at that point, that almost I cannot tell well how to turn me. Ockerfoe. Assure yourself sir, the happiest usury upon earth, and the greatest gain that may be, is to help the needy and poor: for he that freely dareth that way, doth lend to god for usury, who will infinitely reward and send him great gain above all expectation. And therefore, master doctor, we all now desire you to say your mind, whom we long all to here, that god may be praised, and we all edified according to your good learning & doctrine. ¶ The civilians or Doctors oration. YOu look for more at my hand, than I am able to perform: I would be glad to say what I know, and rather utter my learning plainly, then seek much to confute any of your opinions expressly, although I may incidently, & by the way touch some thing perhaps, that hath been said. And yet thus much I say unto you, you shall rather hear what I have read & gathered of others, then know mine opinion directly, touching the very preciseness of all usury, so long as mine oration shall continued, although I may seem to show some heat, as occasion shall serve in detestation of wicked doings and excessive gain. Afterwards it may happen upon farther speech, and private conference amongst us, you shall know the very bottom of my mind, and the reasons that move me to affirm, as some of you have said. In the mean season, I pray you have patience, and do not interrupt me, till you be more weary with hearing, than I shall be with speaking: for I tell you, we professors of learning, do love oftentimes to here ourselves speak, being more tedious, then fruitful, better stuffed with speech, then freighted with skill, and more ready oftentimes rather to talk much about the matter, then able to say much to the matter. And yet because a method or order is good: I will divide myspeache into five or six several parts. 1 And first I will show what usury is, & where, that we may know certainly whereof to speak, and laying our foundation sure, may the better proceed in the rest of our talk. 2 Again, I will show that the same is evil, and by what laws forbidden, & for what causes. 3 thirdly, I will utter divers kinds of contracts, and trades in bargaining commonly used, & therewith show what the exchange is. 4 Fowerthlye, I will show what is not usury, and what difference there is betwixt interest & usury. 5 fifthly, I will show the punishments for usury, and therewith allege such examples of all ages, as shall come to my remembrance, in the detestation of usury and all usurers universally. 6 lastly I do mind upon farther conference, & private debating to show mine opinion, what is expedient to be done at this time. Usury cometh of the latin word Vsura, and according to the nature thereof, it is called so, of the use that men have of things borrowed. It is called in greek a birth, because that money bringeth money. In the Hebrew tongue, it is called a biting, because they that borrow and pay over and above the principal, more than they borrowed, in the end shall be bitten, with such want and penury, that the biting of a serpent, or venomous beast, cannot be more hurtful to a man's body, than the borrowing of money, for gain is hurtful to a man's welfare and possessions: For as poison wasteth the body, so doth usury consume a man's goods. Thus much for the property of the word, as in effect hath been said before. Now, 14 q. 3. usura. touching the definition of usury according to the schoolmen, it is said to be again that cometh thorough lending by covenant, or by chief intent or purpose. As for example, I do lend to receive more than I laid out, I do covenant to have more, and my chief purpose in laying out my money is, by my principal to increase my stock, and hope by my lending, to receive an over plus: for where these three things concur together, lending, gain, & a principal or chief purpose to increase welfare, in such dealings, usury is always most certainly known. Imola in Cle meant. 1. de usuris. 19 coll. vers. querit hic pet. de an char in repet. reg. & pecca ti venia in. 1. 9 principali. Ludou. Roman. cons. 500 Laurent. de Ro dolph. in trac tatu de usuris. Others do define usury thus. Usurye is whatsoever is taken for lone above the principal. Usury is a certain gain due, or exacted for lending, or by covenant agreed upon. S. Barnard saith, that usury is a lawful theft, or a theft in law, the Civil law itself, or rather the Emperor justinian's statute, telling before hand what is intended, that is to rob by order & sufferance of law. Usurye is also said, to be the price of time, or of the delaying, or forbearing of money. Melancthon doth define usury in this sort. Usurye or fenorye is a gain demanded above the principal, Bernardus in libro de cura rei familiaris Gl. in L. in fraudem ss. fiscalibus F. de iure fisci, joan. de prat. in L. qui procurator de procur. only for the benefit or pleasure showed in lending. Wherein me thinketh Melancthon hath very well and plainly said, what is usury: so that, whosoever lendeth his money, or putteth out the same to have gain only for the very loan of the said money, is an usurer undoubtedly, and such a one as aught by good laws to be punished. So that by this definition, every receiving above the principal, is not usury. As if I do borrow 100 l. of a merchant that tradeth and occupieth and the merchant do freely lend me the same money for a year, afterward if the merchant do prove unto me, that the want of his said 100 l. was greatly hurtful unto him, I aught to make him a recompense. And such allowance of his loss or hindrance, aught not to be counted unlawful and usury: when one doth not bargain to receive more than he lent, only for that lending, although the borrower was not any time anyt evident or effectual hinderer of his gain or welfare. But of this kind of lend and other like, we will talk more hereafter in a more apt place. I trust you know by these few words, what usury is. It followeth, that I show, wherein usury is occupied. And I say first, there cannot be any usury, where lending is not: and lending consisteth upon three things, that is number, weight, and measure. As for example, money, lead, corn, the first is numbered, the second is weighed, the third is measured, and so likewise of all other things that are in such sort uttered. Lending moreover is said to be, whermy goods are made thine, called in latin Mutuum, that is to say, mine, thine, and so thou art lord and owner, and haste the possession of them, that thou mayest dispose of them as shall like thee best, restoring unto me again, not the very self same thing in his own proper nature, without alteration or change of the shape, form or quality (for so it wear no lending, but a letting to hire) but so much in value of the same kind: as if I should lend my friend 100 l. in money of divers coins, he may pay the value in money at the years end, although not the very self same & proper coin. And so likewise I may say of corn, oil, wine, spice, lead, tin brass, or any thing else that is either measured, or weighed. And usury is not only in money, but also in wares and merchandises, such as may be consumed or spent by using of them. But some to avoid usury will say then, that they will not lend, but let to higher, which I would they did in deed, and not say it only, for then the peril should be theirs, that do let it to higher, and not the hirers, or else it is nothing to hire. For if I do higher a horse to journey for a seven-night, and the horse without any fault at all on my part, do dye before I do return: the loss shallbe his, that did let the horse unto me for higher, and not mine that did take the horse to hire, except an express covenant be made to the contrary: Whereas in lending it is clean contrary. For I being lord of an other man's goods, by the virtue of borrowing, must answer the general sum: which never dieth whatsoever become of my particular receipt: not, not although thieves rob me immediately, or that mye house wear burned, and so I utterly undone. And this must I perform by order of all laws, although no covenant be made at all to save the creditoure harmless, for he must have his own principal, without any contradiction. And therefore let the usurer say what he will, if he do put forth his money to be sure of it again, he doth not let it to higher, nor yet useth any other contract at all, saving only lending, let him colour it by never so many devices, as by bargain and sale, and uttering of wares, or any other shift whatsoever. And because you shall fully and perfectly perceive, what lending is, and what letting is, know you that when a delivery is made of goods lent, (for without delivering there can be no lending) than he that hath thus borrowed the same, is the proprietary, the very true owner, and lord of all, to dispose of them freely as he list, for his own use and benefit: being bound notwithstanding, to restore at a time appointed, so much and no more in value, as he hath received, so that these goods seem to be lent for his benefit and profit that borrowed them, not for his gain or advantage, that did lend them. And hereby common society is the rather maintained betwixt man and man, mutual friendship better increased, and christian charity much exercised, when the wealth man hath this care, to help his needy and poor neighbour, and dareth freely and chiefly for his profit and avail. Now letting to hire, is for gain, and especial profit, and the thing put forth to hire, is still his that did let it out, called in latin Locatio, so that if by sum great mishap the same be destroyed, lost, or consumed away through casualty, either of fire or water: he that did let those goods or chattels out to higher, abideth all the peril, not he that took them to higher. There is, also Commodatum, a lending without alteration of the property, the owner remaining still lord of that he did lend, & this lending is free without any gain at al. Thus you see by my simple learning & understanding, what letting is for higher, what lending is for use, to have the very self same again, and what free lending is for charity, to have the same kind, & how every one of these should be used, & how a man may discern lending for use, from letting to higher, & lending to have that same kind again, & what difference there is betwixt Mutuum, Locatio, & Commodatum. And beside, what is the very natural and proper definition of usury, by me set forth before, according to that judgement of learned men, in all ages. But now that I have showed unto you what usury is, & where in manifestly enough, as I trust, & with as great shortness as I could: I will declare unto you, that the same is evil, ungodly & wicked, & so forbidden because it is evil, & not therefore evil, because it is forbidden, & by what laws it is forbidden, & for what causes. Where no charity is, there is no virtue. but in the usurers heart there is no charity: joan. de ligna in C. navigati. Bald. in ius de usuris, et in L. cunctos popu los verse. quae ro primo C. de suma Trinitate. therefore the usurer is void of virtue. If the usurer had charity he would have compassion of his poor & needy neighbour and aid his want to his power, as by god's law he is bound. But the remorse of conscience is not in him, but only a desire to enrich himself, which is a wicked intent and meaning, and directly against god: for god not only by his commandments willeth one to help an other, and to relieve the poor, but also he showeth his bountifulness universally of his mere grace, suffering the sun to shine over all, sending weather in due season, blessing the ground with all kind of fruit and goodness for man's behoof, wherein is showed an example for us to follow: that as god of his free mercy, is good to all being our creator, so man should be charitable one to an other, in frank aiding his fellow creature. And as amongst all virtues, there is none that goeth so nigh to the goodness of god, as liberality: so no vice is so far from god as is covetousness, whereof springeth usury, and all other mischiefs upon earth. And as these that cannot give with their ease, and yet do lend freely, are good members of god, so they, that will neither give nor lend freely, are the very members of the devil. Evil therefore is usury, when it hindereth charity, and hath no spark of goods grace in it, but only a desire to undo all, and to devise that the wealth of the world might be in few men's hands: as what other do this caterpillars, and enemies to all countries, and kingdoms, but heap wealth to themselves, from others, without charity or respect of man or god? yea both against man and god: in all that ever they may. And therefore, who can say otherwise, but that usury is evil, when it bringeth all mischief with it, And therefore it hath been forbidden in all ages, and almost by all laws universally. First, the word of god is directly against all usury and usurers, and doth not only forbid the same sin, but threateneth death and damnation to them that use it, as master Ockerfoe hath very well declared, in his godly oration, and therefore I need not to make double inculcation. The canon law, 14. q. 3. doth straightly and plainly forbidden usury, not only in the decrees, but also in the decretales in Serto, and in the clementines, and doth appoint very great punishments, and divers, for them that are notorious usurers, as you shall hear more at large hereafter, when I come to my last division. And touching the prohibition by the canon law, you shall here, what the words are. No man shall enter in to holy orders, 33. D. maritum. or be of the ministry, that by law is convicted and found to have put his money to usury. And in an other place: we do ordain, that no usurer shallbe made one of the clergy. D. 46. Seditionarios. And the reason is in the gloze, that such men, because they are covetous persons, will go to law, and sue any body, for every trifle, and mind nothing more, than greedy, getting, without all mercy, a sin against god and nature. D. 47. per totum. And in the next distinction throughout, the forbidding is plain, with this reason alleged, that no covetous man, or such as followeth his own greedy desire, for worldly goods, should be of the clergy, because they do easily fwarue from Justice, and from all right and well doing. And therefore there is brought in a decree, Consilium Nicenum. 18. of the Nicene council, which ordaineth, that such of the Clergy, as put out their money for usury, taking twelve in the hundred or less, shallbe degraded from all their degrees of ecclesiastical office, and made irregular, because they have sought to live by filthy gain, contrary to the express word of god. And immediately after, it is said, that such as follow greedily worldly gain, cannot serve god faithfully. And so throughout, there are divers distinctions, directly against usury and avarice. It followeth in the decrees, by the authority of saint Augustyne, 14. q. 3. saint Hierome, and saint Ambrose, that any overtaking more than hath been lent, is utterly forbidden as plain usury. But because you, master preacher, have alleged those doctors, and other holy fathers of the church, I will not make any new rehearsal. In the latter end of the same decree is brought in the sentence of a general counsel, Consilium Agathense. which sayeth, the usury is committed, when in any thing is demanded; 14. q. 5. more than was lent. As for example. Nullus. If I lend one 〈◊〉 shillings, and take any thing for it, or if I lend a bushel of wheat to have a peck, 14. 9 3. or any other measure, be it never so little over & above my principale. Vsura est. In an other counsel, 14. q. 4. it is said. ministers that do commit usury, Consilium Arelatense. shall not ●eceyue the communion. Also he that buiyeth things of one sorts very cheap, Consilium Terraconense. to sell the same goods in the same kind dearer, cannot be of the clergy. Pope Martin, Ex concilio Martini Papae. in the council that he called, sayeth If any man forgetting the fear of god, and the holy scriptures, which do say (he that hath not given his money to usury, shall enter into the tabernacle of god) do, after knowledge had of this general council, commit usury, or take Centesimam usuram, which is twelve in the hundred, or by any filthy trade, doth make his gain, taking for divers sorts of things, for either wine or corn, or any other thing, else by buying or selling, more than he hath laid out, shallbe put out of the clergy for ever. Pope Leo doth also forbidden the same offence in the laity, being very sores that any christian should be an usurer, saying, that the clergy aught to be the more sharply punished for such offence, because all others should be the more afraid to offend, when the clergy is not spared. Yea the Decrees do further say, 14. q. 5. that no alms ought to be given, of evil gotten goods, which cannot be worse gotten, than by usury: but because you master preacher have said your mind herein somewhat largely, I will not say any more. And now, that I have shortly uttered, what is said in the decrees of the canon law, you shall see, that the decretales likewise, and clementines, are directly against usury. And therefore, I would not have men altogether to be enemies to the canon law, and to condemn every thing there written, because the pope's were authors of them, as though no good law could be made by them, which god forbidden, should either be spoken, or thought. Nay I will say plainly, that there are some such laws, made by the Popes, as be right godly, say others what they list, whom few things can please, although they be never so well settled and devised, that are not invented and made first by themselves. But left them go, and go we to the matter. In the decretales, in the chapter of usury, thus it is written. Alexander the pope, In Concilio Tur●n̄. doth straightly forbidden all usury, not only unto the clergy, but also unto the laity. And that none taking pawn, whereof increase or gain may rise, shall turn the same profit to himself, but return it in his principal, when he receiveth his own again. In Conci. Lateren. And so thereupon showeth the penalty that they shall sustain, who are manifest usurers, as I will then declare at large, when I come to my last division. And in this chapter are divers contracts & bargains uttered, which you shall hear a none, in their proper place. In the book called, Sextus Decretalium. Sextus Decretalium, Gregori, the tenth bishop of Rome of the name, beginneth thus: We being desirous to stop the gulf, or whorlepoole of usury committed, which doth devour souls, & utterly wasteth wealth, do command, upon the threatenings of goods curse, that the constitution of the latter counsel set fourth against usurers, be without any violation at all, fully & wholly observed. And thereupon a prohibition is made, that no corporation, college, or university, shall let any house or dwelling place to any stranger usurer, being borne in an other country etc. As you shall hear more thereof, in the proper place of my division. And now last in the Clementine canon, which book hath the name of pope Clement, Clementine. the fifth, by the advise and allowance of the counsel at Vienna, doth straigtly forbidden usury, and abrogateth all laws made for the maintenance of usury, cursing them that hereafter will set forth, or be aiders, abettors, or counsellors, for the making and allowing of such ungodly and wicked laws, as you shall hear more at large, when I come to speak of punishment appointed against usurers. Neither should we so much harken, what worldly princes or magistrates have done for worldly policy, as to look, what god and Christ, the high magistrate of all hath done & forbidden, and follow that, as which we are bound to follow, upon pain of damnation. And according unto that, I do read of a Christian Emperor, called Leo, Hermenopolus, lib. 3. tit. 7. who made a statute (as (Hermenopolus declareth) against usury, which for the worthiness and godliness therein, I thought good to English word for word as followeth. Although many of our ancestors have thought, the lending for usury might be admitted, and only for that the creditors were so hard, and as men loath else to lend: yet we have thought it most unworthy amongst christians, & to be utterly abhorred & eschewed, as a thing forbidden by the law of god. Therefore our majesty doth command, that it be not lawful for any man, to take usury for any cause, least whiles we go about to keep the laws and statutes of men, we do transgress thereby the law of god, but whatsoever any man doth take, the same shallbe reckoned into the principal. Thus you see this christian emperor, after Justinian and others, having more respect to god, than to any policy of man: doth expressly forbid usury: & fearing to blanch the writing of god, and for policy, to deprave a verity, followeth the plain words of god, neither adding thereto, nor diminishing any jot thereof, as by the laws he was commanded. Besides this, the general counsels are directly against usurers. The causes that have moved wise and godly men to detest usury, besides the plain prohibition, are divers and substantial, and therefore worthy to be considered most diligently. The jew, that hath used this horrible sin most above all others, & might lawfully use the same, before Christ's coming, upon any stranger, as appeareth plain in Exodus, hath so rob the christians wheresoever he came, that his evil living seen, he is banished out of the most places in christendom, and worthily: for surely that common weal and country, cannot long stand in prosperous estate and welfare, where merchants, & all others, become usurers, And no better do I call than, than Jews, yea worse than any infidel, that wittingly live by the only gain of their money. The causes that move me, are these first, the usurer is an idle man, he doth not travail, nor labour by sweat of his brows, to advance himself, and his country, but useth the pains and troubles of others, to his great gain, without any pains taking of his part at all. And therefore, if all should do, as the usurer doth, the ground should lie untilled, no trade of merchandise should be used, nor yet occupying maintained, for the use of mankind. For what folly wear it for a man, either to delve, or dig, to pass the seas with peril, to work in any mystery or handy craft: when he may, with ease lying on the one side, without labour, toil or danger, get more unto him, with ease and certainty, than the best labouring man, with all his travail, or the greatest merchant living with all his pains, through uncertainty, having like wealth to begin as they have, were ever able to get. For what is he living that in any trade, or traffic, can assure himself yearly, of every hundredth pounds, to gain by his occupying twelve pounds, without any peril or danger, Whereas the usurer, will be assured of so much, and more a great deal every year, let the world go which way it will, to the great hurt and undoing, not only of those with whom he dealeth, but also, to the destruction of the whole country where he dwelleth. For besides that he heapeth much wealth to himself, by such unlawful means, he bringeth a dearth also of all things, through his excessive dealing. For when he taketh so dear for his money, it must needs follow, that as others do buy, so they must sell. And therefore, when one taketh a hundredth pounds, to pay twenty pounds, over or more than he borrowed, that same man in uttering of his wares, must so sell, that he must pay his creditors, and live also, which he cannot do, except he sell his wares very dear, that he may pay all that he oweth, and get some what over, to maintain himself and his family. For if he do not make of his wares, the some of six score & ten pounds at the years end, which notwithstanding are no more worth, betwixt man and man, than one hundred pounds at the first buying, he is like to leave his occupying shortly, and to shut up his doors for ever. Therefore you see, that the usurer is the occasion of all dearth and want, that happeneth to a common weak. And this is one of the chiefest occasions of all your bankruptes now a days, and decayed gentlemen, that have borrowed money, and taken wares so dearly, that the very usury in time hath wholly eaten them up, & undone them for ever. But woe worth that man, that hath so oppressed his brother. God is not mocked, and his word shallbe found true, to their damnation for ever, except they do amend in time, and call to god for grace. God ordained lending for maintenance of amity, and declaration of love, betwixt man and man: whereas now lending is used for private benefit and oppression, & so no charity is used at all, as though there were no god to judge, nor life to come. I do marvel, to see so many thieves hanged, & so many usurers live: For before god, the greatest thief and ravener, that can be in a common weal, is the usurer, and the worst man that liveth. And I am of master Ockerfoes opinion, and think it were better, that all England had one thousand known thieves, than one hundred known usurers. For the thief, may by diligence be eschewed, and lightly he harmeth but one man at once: but the usurer cannot be avoided: for the usurer beareth the countenance of an honest man, and is commonly taken, to be the best man in his parish. Yea he is often in authority, and dealeth as though it were by law, being none other than a lawful thief, creeping into credit wher● gain is to be made, & use the help of brokers, to serve his purpose. And this is very true, he undoth as many as he dealeth with all, under the colour of amity & law. And surely, if a man be once in the usurers net, it is a great grace of god, if he do ever escape his hands, without undoing. Therefore, unhappy are they that fall into the usurers snares, or have to do with them, for as the caterpillar consumeth the fruit of the tree, so doth the usurer destroy the substance & credit of man. And the worst of all is this, that a man is undone, before he knoweth he is evil dealt with all, being persuaded, that all is to his benefit, till he be not worth the ground he treadeth upon. And therefore, the dealing of an usurer, is compared to the biting of the serpent called Aspis. For as saint Chrisostome sayeth, upon the thirty of saint Matthew, where mention is made of borrowing, (as you master Ockerfoe have partly touched): The money of the usurer, is like the biting of the Aspis: for he that is strooken by that serpent, feeleth thereof a certain pleasant itch, whereby he falleth a sleep, & so through the plesauntnes of his sleep, he dieth in pleasure, for them the poison goeth by a little and a little through all the parts of the body. So after that a man hath taken money upon usury, & liveth pleasantly therewith for a time: at length, the usury pierceth so throughout all his goods movable & unmovable, that all his lands, & livings, are not able to pay his debts. As I have known some, & partly you, master Ockerfoe, spoke of the like, that hath borrowed upon 100 li. land, never improved only 300. li. in money, paying deep usury, be you assured, and at length paid so long (and yet in no long time neither) that his whole debt, through usury, came to above 2000 marks: and so he lost (to say in effect) a hundred pound land, for 300. li. in money. A pitiful case, and worthy to be punished with horrible death. Hereof cometh decay of good houses, and wracking of the people, through this devouring caterpillars, which being not many, in respect of all others: do gather the goods of infinite persons, into their own hands. And so the common weal is weakened, & whole towns destroyed, through the covetous usurer. For when they have gotten whole manors and towns into their hands, they are sorry, that any should devil there, but themselves. And so they rid away in time the poor tenants and suffer them to beg, and to dye for hunger, and for tillage, use shepegates, where no men are maintained, nor house holden, but all overthrown: & in steed of houses, desert places to be seen, and wild solitariness for beasts to range in, and to feed upon, cat-tail and sheep occupying the places of many a good honest meaning man. So that by these two idle occupations, great usury and many flocks of sheep and herds of beasts, this noble Country is made in a manner a forest, and brought to great ruin and decay, through dispeopling of men, overthrowing of towns, and oppressing of the poor, with intolerable usury. And I pray you, what is more against nature, than that money should beget or bring forth money? which was ordained to be a pledge or right betwixt man & man, in contracts and bargaining as a just measure and proportion in bargaining, and not to increase itself, as a woman doth, that bringeth forth a child, clean contrary to the first institution of money. Aristotle politic. lib. 7. And therefore Aristotle saith, that such money as bringeth forth money through usury, is an ugly beast, that bringeth forth monsters from time to time, such as are not in nature. Likewise Suydas upon Aristophanes in nubibus sayeth, that such money which bringeth forth money is a swelling monster, waxing every month bigger one than an other, and so horrible swelleth from time to time, as no man by words is able to utter, contrary to nature, order, & all good reason. And what equality is in bargaining I pray you, when the one party is famished, and the other is hoggesty fed? Justice is none other thing than a certain evenhood or equality, and therefore they that do not in their dealings, use an equal property, do not use Justice. Now in usury, you may well say, there is no evenhood at all, for the lender receiveth more than he lent. As after he hath lent, he receiveth his principal again, which is the equality in law, than he taketh an overplus for nothing, that is to say, gain above his principal, yea, and excessive also, which is a great disproportion & plain inequality, for why should any man gain, for the only lending? He hath his own again, without any loss, or hindrance at all. And what will he have more? his own he hath with thanks, and more than his own he should not ask. If he receive not as good money as he lent, and of the same value, he may well complain, but when he hath his own again, without loss, and with thanks toe, what can he have more? In lending he looseth the property, and use for the time, and is no lord of his own for the season, and what will he have when he hath departed with his own for time? for nothing, something? for a shadow a perfit body? for moon shine in the water, a man's whole treasure? I speak of those now that for lending of money only (all other respects and considerations set aside) will have money for their money, yea, & a great deal for a little respiting of time, in forbearing their money, a wicked kind of men, and the unprofitablest wretches that live. Do not these worldlings see, that god of his goodness, hath freely given this world for man to use and occupy only, to acknowledge their creator, & to love their brethren. Doth not the sun shine upon us freely? the air is open to us all, and we breath, thorough god's great mercy, the time endureth for our benefit? And will these idle men cell the sun, the air, and the time for their proper gain? how can he be of god that so doth. God giveth, and the usurer withholdeth, god openeth his hands, and the usurer is strait handed, god is free, the usurer is hard. God lendeth life and living for love, the usurer gaineth all that he may for lone, yea he taketh men's hearts (as I might say) out of their bodies. So that I may well avow, that light and darkness, white and black, truth and falsehood, heaven and hell: are not so contrary and so distant, as god and the usurer, yea so far of is it, that any man shall take gain for money, Cap. sup. ext. de usuris. 13. q. 1. 2. & ibi Augustinus. as it is forbidden to do any good work, for usury. As that a stock of money should run for the helping of young occupiers, to marry poor maidens, to relieve the poor and afflicted in every town & parish that be not able to help themselves, or to redeem captives from the Infidels: all these good deeds I say, are forbidden to be done by the way of usury. And therefore, whereas there are in Italy, Montes pietatis, that is to say, mounts or banks of charity, places where great sums of money are by legacies given, for relief of the poor, to borrow upon gauges, and to pay only after three or four in the hundred at the most, to maintain the officers, and to bear the charges of such an erected mount for ever: the law doth plainly condemn all such doings to be usury, and therefore much more should usury be abhorred, that is excessive and lent only for greedy lucre and private gain. Then if we love to live together in a common society, as brethren aught one with an other, and will that covetousness the root of all evil, as you have well said master Ockerfoe, be banished out of England. Let us agreed, that no usurer may carry estimation (as by law and right they aught not to have any) but he with heart abhorred, and by order punished as he aught to be, and to pray that god may inspire the magistrates hearts, to provide good and wholesome remedy against such wicked and ungodly doings. Thus much touching the second part of my division: in all which talk, I have followed the course of my profession, and used such speech, as the authors and writers thereof, have give occasion of such like matter. 3 In the third part I will open divers contracts and bargains that are used to avoid usury. I have need of money, and deal with a broker, he answereth me, that he cannot help me with money, but if I list to have wares, I shall speed. Well my necessity is great, he bringeth me blotting paper, pakthreede, fustians, chanlets, hawks bells, & hoods, or I wot not what: I desire him to make sale for mine advantage, asking what he thinketh willbe my loss, he answereth, not passed twelve pound in the hundred. When I come to receive, I do find that I loose more than twenty in the hundred (yea, would god that none had lost more) I being grieved with my loss, do charge the broker, and say, that I will not receive the money with such loss, the merchant answereth, that he will not take his wares again, and having my bill, careth not what become of me that have borrowed: this is called a double stoccado, that is to say, the sticking blow, or the double stab. For at the first, the poor gentleman is borne in hand, there is no money to be had, but is promised wares, to avoid, or rather to mock the danger of the statute (but god is not mocked) and so with this cruel blow of wares, he is made believe that they will fall out not above twelve pound, or 20. marks at the most, but when he cometh to receive the neat money, the merchant & broker being agreed together, he is stabbed at the very heart, paying sometimes twenty pound, nay shall I say thirty pound, I would it had been no more with some, a wicked and a most horrible cruel dealing: and once in for a hundred pound, he can never come out clear again, till having mortgaged his lands, (which is the next part to be played and practised) he be forced in the end, to cell the same out right. And so between the merchant & the broker, the poor gentleman is caught in the Coney clapper, to live with the loss of thirty pound in the hundred at the lest. And yet if there were plain dealing, in the matter, it were the more savoury: but the merchant is agreed with the broker, to buy his own wares again, and to pay 70. l. for that which the gentleman must pay him a hundred pound for, at the years end. Is not this usury? is it not usury think you, in the devils name? Now surely unhappy is he that dealeth with such devilish merchants or others whatsoever, for of all cutthroats in the world, these are the absolute horrible, and most detestable monsters that live. And god keep all plain and true dealing men from the dangers of all such false and crafty hypocritical harlots, and greedy cormorantes in a common weal. And yet these fellows that thus do, carry the countenance, as though they were as honest men as the honestist, and are not ashamed to look an honest man in the face, neither yet to take office upon them, because they flourish with the goods of this world, and are wealthy: whereas if they had their due merit, they should be exalted for their worthiness, to hung on the gallows, rather than to be thought meet of estimation, or to bear office as some of them do, in any good governed common weal. Thus master merchant when he hath rob the poor gentleman, & furnished him in this manner to get a little apparel upon his back, girdeth him with this frompe in the tail. Lo sayeth he, yonder goeth a very strong stout gentleman, for he carrieth upon his back, a fair manor, land and all, and may therefore well be standard bearer to any prince christian or heathen. Alack what handling is this? Is here mercy, charity, or love, is this merchantly dealing? would these merchants be so used, as they use others? do they as they would, be done unto? These be mermaids, not merchants, singing sweetly to confusion. Merchants I say, that make armony for the devil, no better, nor more to be esteemed, then ribaldes & common bawds, that put forth young girls to sale, and make merchandises of them, to win treasure to their purses. As Archidiaconus saith. An other hath a patent of forty pound by the year, and cometh in time of his great need, to borrow a hundred pound for the year, making a bargain and sale with this condition, if he do not repay the same 100 l. within the year, that then the said patent shallbe forfeited for ever: and if the patentee do dye within the year, them the merchant to have his own money again, and so much of the patent as was in time run out, and very strong bonds and sureties offered therefore. The merchant seeing the necessity of the poor gentleman, will not deal except he may have the whole years profit of the patent assured unto him, whether the patentee die or live: and farther covenanteth that the patentee shall not within the year offer to pay the principal, to save any part of the annuity for that year, and to have it five years together, for none payment of the principal, and so he is content, otherwise he will not deal. The poor compelled gentleman being driven to this necessity, either for the better advancing himself to serve his prince & country, aswell abroad as at home, & called perhaps thereunto, or otherwise, for his necessary affairs at home, to save him self from present misery, yieldeth wholly to this cruel contract, & unmerciful bargain: And so having done in deed his service abroad, for benefit of the realm, & welfare of the merchants chief, returneth after the year paste, about one month or somewhat more, at what time offering to pay the principal, and so to be rid of this biting usury, had much a do to have that month forgiven unto him, notwithstanding his absence out of the land, in the necessary affairs of the merchants themselves, as well for the safety of their lives and liberties, as for their proper goods and merchandises. A man would have thought that forty pound gain, had been sufficient for one year and a month, for the lone of a hundred pound. These dealings I do assure you, are not to be liked, tending to the utter discrediting of merchants wholly: for besides that they are biting, they are uncharitable, unmerciful, and altogether wicked, stretching to the utter destruction not only of whole families, but also of good common weals. I come to an other man, and borrow forty pound of him for three months, and do promise to give his wife a gown of satin, or an ambling gelding for his or her riding, without any express covenant in writing, this is plain usury, although for his lending, he doth not receive any thing that is paid by number, weight or measure. Yet forasmuch as he receiveth a value above the principal, he is an usurer. I bind my land worth twenty pound by year to a man for a hundred pound in money for a year, and do not pass it by bargain and sale: If the creditor do take the revenues of the land at the years end and his principal, he is an usurer. Be it that a man lendeth an hundred pound freely, and hopeth assuredly to have some thankful recompense at the years end, because he is a man able to do him good divers ways, without which hope he would not have lent his money: undoubtedly the same man is an usurer before god, and this is called Mentalis usura, an usury of the mind, when one hopeth for gain although no contract be made. What if one lend money in hope to get an office, assuredly thee same man is an usurer? What if one lend a man money for a certain time, because the same man should speak a good word for him, or do him a certain pleasure, it is a ruled case, that for asmuch as a covenant is past, it is usury. I do lend you 100 l. that you shall do as much for me, when I shall demand it of you: this is usury, because a contract is simply made, without any addition of time appointed, whereas if I had asked so much at the years end, than it had been no usury, but permutation, when one good turn of like value is done for an other, and the time known certainly. A lord doth lend his tenants money, with this condition, that they shall plough his land, whether doth he commit usury or no? I do answer, that if he do not pay them for their labour, but will take the benefit of their labour, for the use of his money, he is an usurer. I would borrow, and one selleth unto me wares, for more than they be worth, (by the half) he is an usurer that so selleth. I do bargain with a man for six months, and deal as straitly with him as I can for his wares: when the bargain is done, I do offer him his money presently, so that he will deduct after ten pound in the hundred pound for six months. I am an usurer in so doing. I do buy timber, brick, or stone, of a man to deliver the same at such a time and place, and to pay him for the same, I do borrow so much upon usury. Whether shall the said man not delivering my stuff at my time and place appointed, pay me the said usury or no? I do answer, that he is bound to pay it in good right. The father in law, doth lend his son in law a sum of money & taketh in pawn the possessions of the dower, & converteth the fruits thereof to himself, for the loan of money, the father in law is an usurer. And yet if the son do pass with him by bargain and sale, he may lawfully turn the fruit to his profit, if there be no colourable dealing in this behalf, in fraudem usurarum. He that buyeth before hand, corn, wine or oil so good cheap as he is sure not to be a loser, but a great gainer, at the time of the harvest or vintage, the same man is an usurer. I do lend a hundred pound to my friend for ten years freely, not to pay any penny gain all that time, if either of us do dye, but if we both live together till that time, than he to pay me after 12. l. in the hundred for these ten years paste, whether am I an usurer or no? The law sayeth I am an usurer, and the reason is: that the peril which may happen, doth not excuse me from sin, when I take more than I aught to do, for cause of time not proper. A merchant dareth to a corporation or company a hundred pound, which corporation hath by statute a grant, that whosoever dareth such a sum of money, and hath a child of one year, shall have for his child, if the same child do live till he be full fifteen years of age, 500 l. in money, but if the child dye before that time, the father to loose his principal for ever, whether is this merchant an usurer or no? The law saith, if I lend purposely for gain, notwithstanding the peril or hazard, I am an usurer. I know an honest artificer, oweth to a draper forty pounds, to be paid after six months, I come to the draper, and show him, if he will take thirty pounds in hand, I will pay so much for the artificer, if he will turn the debt to me: Herein I am an usurer, because I do buy time, in seeking to anticipate the payment of an other man's good debt, for mine own private gain. One buyeth a pay, of three or four hundredth pounds, delivering fifteen shillings for every twenty shillings, whereas the pay is like to be certain at the day, as about three months hence: some think because a bargain and sale is passed, there cannot be any usury, for where no lending is, there is no usury, but here is a lending, in deed cloaked, under the colour of buying, and so he is an usurer, because he only lent the soldiers their money for hope of gain. I do buy a man's bill of 100 pounds, true three months hence, and give unto him in present money 95. li. here although a bargain, and sale seem in show, yet it is a lending, and so the party an usurer that payeth the money. I do make a bargain, to have of certain poor men, or rich men, after iiij. months, so many kine and oxen, for so much money paid to them in hand. Whereas I do know, that at my bargain making, they have neither cow nor ox. Herein I am an usurer, if I demand oxen or kine, above the ordinary price, that they are wont to be bought and sold for. I do buy certain geldings, to have them delivered at a certain fair, for less than they were worth at the bargain making, I am therein an usurer, if I were sure those geldings would be more worth, at the time of their delivering. I do deliver old wheat, to receive new: if I do deliver the same for gain, ●assuring myself of benefit, I am an usurer. I do fear the fall of money, and therefore, do deliver my money to an other man, to have asmuch at 6. months after, according as the money was then currant when I paid it: It is usury, for that, there is more to be paid, then was received. A corporation taketh 100 li. of a man, to give him eight in the 100 li. during his life, without restitution of the principal. It is no usury, for that here is no lending, but a sale for ever of so much rent, for so much money. Likewise it is, if a private man have a thousand pounds, lying by him, & demandeth for his life, & his wife's life a 100 li. by the year, & never to demand the principal. It is a bargain of sale, & no usury, for the the principal is not to be restored again at any tyme. And therefore no lending can be presupposed. In Uenyce, Florence, & Genua, divers heretofore have had pensions, some for ever, some for lives, for sums of money disbursed to the benefit of their City: In all which cases, there is no usury, & if any one buy their rights or titles, he is no usurer neither. I seek an office, which I cannot have, except I do pay a certain some of money: to avoid this payment, I do lend, for two three or four years a gross some, because I will not pay the said money: In this doing is usury. I do pawn an house, with an orchard for certain money, the creditor hath the benefit of my ground and house: he is an usurer, except he will restore the profits, upon repayment of the principal. A gentleman, or lord hath a manor stocked, with thirty mylche kine, and 700. sheep, valued at 300. marks, or there about, as they are them to be bought and sold: This manor he would let out, with the stock, for ten years, to receive the old rent of his manor, & 30. pounds yearly beside, for his stock, & at the ten years end, either to have at his own choice his cattle, of like goodness and value, as he did let them out, or else 200. pounds in money for the cattle: the question is, whether there is any usury, in this kind of dealing or no? First, there is a lending, because the farmer hath property in the cattle, and may altar them, as he list, for his best avail, paying his yearly rent for them, and restoring so good cattle, at the ten years end, as he before received. Again, he must answer the cattle at the ten years end, and pay rent yearly for ten years, although the cattle die all, the very first year: so that I think, this lord or gentleman, that thus seeketh his certain gain, and principal, to be safely returned unto him, is an usurer colourably, to the hurt and undoing many times of poor farmers. Yet some say, that here is locatio, which is a letting to hire, and therefore no usury. As if a man should let out his house for ten years to have his house again, or his horse for a seven night, to have his said horse again, with profit, but I am not of that mind, for when a thing is let out, the tenant for the time can not altar the property, and give an other thing of like value, but he must return the same again, in the same goodness, as he did receive it, be it either house, horse, or any other thing else. And therefore I say, this is usury, because the principal (the loss whereof, was at the bourowers peril) must always be restored wholly, with a certain overplus and gain, for the time that it is forborn. And then, if this be true, what say these gyld halls, these colleges, these abbots in times passed, and these bishops also, that have let out Lordships, with the stock, for a yearly gain, in such sort as I have before declared? God be merciful unto us: the devil teacheth the world many ways, for men to come the sooner to him. And other trick I have to show, which is very strange: for by this new devised practice, men will not, for any thing seem to be evil, and yet they willbe evil in deed, and live as wickedly as any other, and thus it is. A Northern gentleman of good wealth, cometh to London, with 1000 li. in his purse, & would fain increase his money, but he would not be known for any thing, to be an usurer, because he is a gospeler in show, and would not for his good will be taken otherwise, during this good tyme. And what doth this man? He cometh to a broker, & sayeth, that one John Clarke hath ready money in good store, and would put it out for gain, if he could find a good man: Mary sayeth the gentleman, the party will not lend to any body, except I be bound myself for his safe receiving again of his money. And thus the gentleman is bound, to his nyckenamed man, for his own money, who hereupon requireth (for the more coloring of the matter) bonds of the borrower, to save himself harmless, against this counterfeit John Clarke. The Broker bringeth good men, & good assurance, to save the gentleman harmless, and then the gentleman cometh to the scrivener & willeth one of his men, to take the name of John Clark upon him, and causeth the writings to be made in John Clerks name, and the money to be repaid, at the said scriveners house, at six months, or twelve months, as they can agreed, after twenty pounds in the hundredth, and that in the presence of the said gentleman, or his attorney in that behalf appointed. Here is a trime fetch, to mock god, & the Exchequer with all, if it were possible: but god is not mocked, howsoever thexchequer is abused: but such cunning dealings, in the end will have shame enough, of such their counterfeit doings, and dye in hell fire at the last. But will you see an other fetch, and not by the name of John Clarke, but by one that in law can do nothing? A gentleman, a lawyer, a merchant, a yeoman, or what should I call him, holdeth of my lady, and therefore will not be one of these wise worldly men himself, but is contented, that my mistress his wife, shall go to the devil, if she list. And therefore giveth her leave, to put out his money, in a strangers name, sometimes more, and sometimes less. And be it never so little that is lent, and the party never so poor that borroweth, yet shall it not go forth, with her good will, but with the return, many times of the shilling penny for a month, which is one hundred for an other by the year. Merciful god, who would have thought that the devil could have had such power in a woman: nay, who would not have thought it, considering their miserable and greedy desires to get, their aptness to superstition, their greatness of pride, their lousenes of life, and their ambitious desires, without all reason to have all sovereignty. God amend all woomen, and forgive all men, and grant that both man and woman, may agreed always in one heart and mind, to fear god, and to live uprightly, after the express decree of his holy will, without such devilish, and unmerciful dealings. Excepted always, in all this my speech against women, all good woomen: and yet they may be spared, for they all, are very few in deed, & may be easily packed up, all the whole pack of them, in a very small room. What shifts are not used, for men to go straight to the devil? This one I will tell you, and no more, and yet I fear me, I have told over many, for some will learn to be nought, by the only hearing of these sleights, and therefore ignorance in evil things, is always good, but the devil will teach them every hour, although I said never a word. A merchant, or an other man, would fain go for an honest man, and yet would needs be naught in deed, & therefore, when one cometh, to borrow money of him, and offereth to pay for it: marry fie upon usury, sayeth he, but this will I say to you, sayeth the merchant: I have lent two hundredth pound to a friend of mine, for a twelve months, and there is not past three months gone, if he will lend you the same money freely, I will be contented, & I promise you, I will speak to him, but I will not take a penny of you. The party, who is said to have borrowed this money, hath not borrowed one penny, but setteth countenance upon the matter, although he had received the said sum, and therefore▪ will not forbear the money, for the rest of the time, without consideration, and so the poor gentleman, shall pay for it, be he well assured. Here is a trick, that none would teach but the devil himself, who is a long practised master, for such cunning mischiefs. But here an end, & now to thexchange. ¶ Thexchange, and what it is, THexchange, according to the first institution thereof, is very good, & most necessary, without further talk, if they be honest and good themselves, that use it. And as the trade is very needful, and the best way to maintain intercourse between merchant and merchant, country and country: so is the plain & open dealing therein, highly to be esteemed, such as none can justly mislike, or in any point dispraise. The name of Exchange, called in Latin Cambium, is an ancient and proper word for this purpose, and doth in manner import none other thing, then to barter, or change one thing for an other. In Greek, the occupier or minister thereof, is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to say, a banker or a keeper of table and board, where money is ready for all persons, that will have bullion or coin changed, or money transported. And in old time, it was not lawful for any other man to exercise either change, or exchange, but only the said banker, so admitted by public authority. Some will have this word Cambium, to signify, Collibos, which is a certain subtraction, or deduction, that the bankers and exchangers make, in the name of reward for their pains, or else, as it were a recompense, for the damage and loss they receive by the money, which they deliver by exchange, being more profitable for them, to retain and keep it still, considering the variety of money and coin between countries. And this deduction, was properly so called, in some men's opinion, when there is an alteration of place in thexchange, from one country to an other. Which kind of dealing, is just, lawful, and agreeable to reason and conscience, aswell by the judgement of all merchants, as in the opinion of the best learned lawyers that ever have been: Bald. in reg. de consti. pec. & l. 3. ff. de exercit. ibid. Sali. et. Imol. cons. 60. in 2. volume. especially, when the banckers and exchangers, do not exceed in taking, but are contented with an ordinary and competent kind of reward, confirmed by custom, and allowed by public authority, for keeping their banks, lending their credit and money, to pleasure men withal at their need, and to save themselves, from damage and loss. And if such merchants and exchangers, were not, to help men that travel countries, how should travailers do, namely scholars and studientes, if they had not their bills of credit, and thexchange ready for their most safety, and ●ase of carriage, or how could any man deal betwixt country & country, to have his turn served for great masses of money, if such exchange were not? As for example. Some great merchant, or some other private man, is forced of necessity, to make a present payment of 3. or 4. thousand pounds, in a foreign country, or rather some prince: upon occasion, for the atcheving of his necessary exploits, in some strange and foreign realm, hath need of 100000. pounds, how should either the one or the other be furnished and served in this behalf by any means, so well, as by the way of exchange? First the carriage of money, either by sea or land, were troublesome and dangerous, the charges and costs great. Again, what coin or money might be provided that is currante, and starling in all countries. And therefore all such exchange is necessary, and worthy to be maintained, and cherished, if we will have traffic & society to be continued betwixt all sorts of men and countries. Neither can this manner of exchange come within the compass of usury, because there is no lending for gain, without the which, no usury can be committed, & it is proved thus. First, thexchangerexchanger or bancker giveth out his bills of credit or exchange freely, without taking any covenanted gain, more than is for his indennite, & peril of hazard, for such a some, as is agreed upon. And peradventure without receiving any penny of the principal, he giveth his bills, till they be paid in the place appointed, bearing together with his lending, the adventure & peril of his money. Whereas in lending for usury, it is contrary, for their the borrower giveth a good assurance before hand, & abideth all the hazard & peril, that may hap, the creditor sustaining no adventure or damage at all. Again, in lending money by usury, the creditor will receive the self same kind of money again, which he delivered, whereas here in this exchange, the hanker delivereth one sort of money & coin, & is paid again with an other kind of money. Moreover the manner of contract is contrary, being like to buying or selling, or else to that contract which is called contractus innominatus, that is to say. I do give you, upon condition, that you do give me, as for example. I will give you at London, 100 li. of lawful money of England, so that ye will deliver and pay me at Venice, the value of the same in ducats of Venice, according to their just valuation & price. But now, for so much as we be in hand with money, I will show the necessity of money, & how it is to be used for the value, betwixt country & country, according to the standearde, even in the price & sale of ware. And certes money is the square & rule, whereby all other things should receive estimation & price. And as Aristotle sayeth. It is the surety for men's dealings: & without money no man doubtless could tell how to trade or bargain, for it were impossible always, to give ware for ware, or for one to supply an others want, with interchangeable delivering one stuff or chaffer for an other. As if one had clotheses, & wanted leather, to send his clotheses, to him that had leather: or wanting linen, and had woollen, would send his woollen to have linen, or having flesh, would ask bread for it in exchange. These things were strange, and I say unpossible to be brought to pass: because it may hap that the thing I have in plenty, and would send for the exchange of my want, an other may have the same aswell as I, and he want that which I would have. And therefore money was first devised to be coined, of the finest & purest metals, to be the measure whereby the price of all things might be set, and to maintain a certain evenhood or equality in buying and selling, and the same to have his standing valuation, only by public authority: to the end, that all things might equally pass by trade, from one man to an other. Again, money is used for the passing of exchange between party and party, country & country, as I have said before, and will say more hereafter. thirdly, money is used as a chattel, or a movable possession, and to be sold by the weight, after so much the ounce, as commonly all kind of coin is sold at smiths stalls, which seemeth to be contrary to the natural institution, and first invention thereof: because it is no ware or merchandise, and therefore not to be prised above his public estimation, except it be sold as bullion, and not as currant money or coin. And now, would god our merchants that profess trade and exchange, were so skilful in their calling as they aught in all good right to be. For surely the ignorance of them, bringeth kingdoms and states many times to great ruin. For if they will be exchangers in deed, they must know perfitly the value of our coin, and compare the same with other foreign money. And as they bargain with others abroad, so they must be assured to have somewhat more than the value of our current money, for things which they cell upon a price, or else the realm and they both shall loose in the end. As for example. One buyeth cloth in Blacwel hall, for. iiij. l. x.s. in Angels, which hold xxxvi carrots fine, save three grains of alley, or eighteen ounces fine silver. The same cloth to be sold in Spain, is to be rated at so many ducats as hold xxxvi carats of fine gold, save three grains of alley, or at so many royals of plate, as hold xviij ounces of fine silver, after two carrots of fine gold to every ounce of fine silver. And in making sale of this cloth, it is wisdom to take so much over & above these carrettes or ounces, as both may bear a man's charges, and bring a reasonable gain. And so in all other countries, and for every princes coin, the valuation of our commodities should be made after the like rate, with a reasonable overplus to live and gain by. And in thexchange of coins, if our men would observe and compare eight carrettes of fine gold, or four ounces of fine silver for the pound starling here, with the foreign coin beyond seas, either ducats or Philip's Caisars, or any other strange coin, and ever be well assured to take somewhat over. After this proportion and balance once made, Englishmen no doubt would be Lords of that coin in all places, where they had to deal. This is by the way of a glance to my masters the merchants. But now to my purposed division of the bankers art & their profession. Thexchaunge is said to be divided into two kinds. 1 The first whereof is called exchange real, or thexchange made to that last minute. 2 The second is thexchange by bills, which is after two sorts. But first for thexchange real, you shall understand that then it is used, when the banker or exchanger receiveth money of any person in one coin, to deliver unto him strait ways money of an other coin. As for silver, gold: for shillings, groats: for groats, pence: for pence, half pence: which is called exchange to the last minute. Or else when bullion is delivered for currant money, or when one taketh upon him to deliver coin, in one country, to receive coin of an other strange country, according to just & public valuation equally of such bullion coin, or money whatsoever, which manner of exchange is now quite out of use. Exchange by bills after the first sort, is when money is delivered in one country plainly and simply, without colour or fraud, and bills delivered and received for the payment again of the same, in an other country, according as money is currant, by merchant's valuation between those countries. And this kind of exchange may properly be called merchandizing exchange, because merchants do only themselves, set and appoint the prices and values of money to exchanged. And therefore, when any man will deliver in London to any merchant a sum of lawful money of England, to receive in an other foreign country, somuch in value as the said sum of English money shallbe esteemed to be worth, by merchant's valuation after their exchange from London, in the money of that country, where the party which delivered the money will have it paid again: there must be first a composition and compact made, for the value of the money, and a certain distance of time agreed upon, and limited for the payment again of the said money, in a foreign country where the deliverer or the borrower of the money, will have it restored and paid again. For the better understanding and meaning hereof▪ thus I say. A certain man doth borrow here in London of a merchant, a hundred pound English, to pay the value thereof again at Antwerp, according as thengshe money is currant and valued by merchants in their exchange, from London to Antwerp. Here it is requisite, that the borrower do resort, and have access to such as be brokers and solicitors between party and party, for making of thexchange, of whom he shall learn what thenglish pound is worth and esteemed from London to Antwerp in Flemyshe currant money, for what soever distance of time, he will take it up. Now grant that the English pound, thus exchanged from London to be paid in Antwerp at sight, that is, so soon as the bills of exchange shallbe presented at Antwerp: is esteemed & valued at four and twenty shillings Flemyshe, so shall there be paid in Antwerp, after this reckoning and price of four and twenty. s. Flemyshe for the English pound, the some of a hundred & twenty, pound flemish, for thenglish hundred pound delivered at London. And upon this compact and agreement so concluded, the money is paid at London, and bills of exchange received, for repayment and satisfaction of the same again at Antwerp Now the party coming to Antwerp, or else sending his letters of advise to some friend of his, willing him to pay 120. l. Flemish, so soon as his bill for payment thereof shallbe presented unto him, praying him also, for the furnishing thereof, to take it up there again by exchange at sight, and to give his bills upon him to pay the valour thereof at London in English money: here that party enquiring how thexchange at sight passeth from Antwerp to London, findeth not above 23. s. ix. d or ten d. fle●ī to pai for a pound of English money at London. After that which rate taking up so much Fle●ī money at Antwerp, as will pay & satisfy the 120. l. fle●ī and so giving his bills of exchange upon his friend at London, his friend must pay at the sight thereof, within a little more or less, 101. l. five shillings, or 100 l. sixteen shillings eight pence lawful money of England, for the value thereof, paid for him in flemish money at Antwerp. After the which reckoning there is lost for the use of a hundred pound, for that spare, not much above twelve or foreteene days commonly, for in that space of time, change and rechange upon sight may be made between Antwerp and London) the sum of sixteen, or five & twenty shillings, lawful money of England, or thereabouts for the hundredth. Thus the world goeth, and this is their kind of exchange. And now let us examine whether this be usury or not. All learned men do determine and consent, that usury is committed only, where lending and borrowing is, and that when any overplus or excess is taken, over and above the principal that was lent for the very respect only of lending, & in consideration of forbering money for time, in y●●ase is usury. First it appeareth in this first sort of exchange by bills, that there was paid at London, one hundred pound only, and no more of good and lawful money of England to receive by exchange at sight in Antwerp, four and xx. s. flemish for th'English pound, which was so performed and paid by the taking up again of the same money, to be rechanged back again at sight, to London. So that there was paid to the party that first l●nt the money, about the sum of a hundred pound sixteen shillings eight pence or a 101. l. five shillings lawful money of England. Which is an increase or gain growing to the lender of his money, to the value of sixteen shillings and odd money, or of twenty shillings and odd money, only for the tarrying and forbearing of his money twelve or foreteene days. Which over gaining, and excessive taking in this sort, is in my opinion, most biting usury. And yet is this kind of exchange, most commonly used at this day amongst all the merchants of Europe, & had in great estimation, and commended, as a thing most necessary and a very ready mean to serve men's turns with all, at all times, when they need. And yet in deed it is an extreme usury, yea, and such a Moth, as he that useth it, will sooner be consumed that way, then by any means else in the world, especially by the rechaunge backward, which is ever hurtful, costly, and very chargeable. The second kind of bills or merchandising exchange, may be called se●ke and dry exchange, and is practised when one doth borrow money by exchange for a strange Region, at longer or shorter distance of time, to serve his turn the rather thereby, not minding to make any real payment abroad, but compoundeth with thexchanger to have it returned back again, according as thexchange shall pass from thence to London, for such distance of time as they were agreed upon. And yet to colour this matter, there shall bills of exchange be devised, & sent to some of his friends that lent the money by exchange, with letters of advise, to return the byls back again, and a testimonial how the exchange cometh from thence, at such distance of time, as he advertised him of, by his letters. Which returning of bills by testimonial, doth ever cost the party that dealeth with this sort of exchange, after the rate of sixteen and twenty in the hundred for the year. And oftentimes, such alteration of exchange may chance by scarcity, or abundance of money (whereof the banker will take advantage) that it standeth the borrower sometime above five and twenty or thirty in the hundred pound for the year. And bills by this kind of exchange are made on god's name, for a colour only to get the party's hand to them, to show (if need be) that such money so lente, was taken up for him by exchange, the said bills being never sent out of London: to th'end that the party who useth his money in this sort, may have his reckoning given him to pay as the rate & course of thexchange: hath passed all the while he hath the use of that money, which shall fall out no less then after the loss of twenty in the hundred pound for the year: or perhaps (as the dry frosty charity of the lender, shallbe moved) after xxv. or xxx in the hundred pound, because the tasking, and limiting thereof resteth altogether in the bankers hand. This dry kind of exchange is utterly to be abhorred, for that it is none other than a manifest cankered usury, and therefore hath been heretofore forbidden by acts of parliament: as may appear in the reign of two noble princes king Henry the seventh, and king Henry the eight, of most famous memory. And yet all this notwithstanding, the merchants will say, that they commit no usury, by such kind of dealing, although the lender by exchange be always for the most part a very great gainer. And the reason is, the uncertainty of gain, and doubtfulness of profit, for that thorough the alteration of thexchange, the deliverer or lender of money, may chance to sustain loss sometimes: and therefore this adventure and hazard considered in the exchange they say, there is no usury at all. But this is no sound reason of theirs, but rather a mere cloak, to colour their cunning devices with all: because that in this second kind of exchange, thexchanger or lender of money, is commonly his own bailie, and taxeth the borowers loss, according to his private commodity and gain, who will be well assured to be no loser, no more than he that putteth forth his money upon plain usury, and bargayneth always for present gain before hand. And although the banker perhaps be not so fully assured of his gain, as the usurer commonly is: yet it is a hundredth to one, that by the course and order of thexchange the deliverer of money, shallbe no loser in the end, but rather a gainer, because the price of money by exchange from London to Antwerp, is ever dearer & higher by three pence or four pence in the pound, than it is from thence to London, at whatsoever descrepance of time, the exchange be made. And therefore the gain thereby is in deed very certain to them, let them say what they list. I grant still, that real exchange is honest and lawful, where money is delivered to be paid again at sight, or at two or three months, according to the just and public valuation of money, to what Country soever thexchange is made. But this kind of exchange pleaseth not merchants, the same having no such savour of lucre and gain, as the rechaunge, and the dry exchange have: which two kinds of dealing, are very hurtful to all occupiers, and destroy all trade, when such often returns are made of money, either the one way or the other. And therefore the exchange in these days, is no other thing then a certain covetous negotiation, a greedy kind of chopping, & a colourable manner of changing, or rather a certain devise of buying and selling of coin and money, by way of commutation & exchange, which may aptly be called merchandising exchange, as I have declared before, the same being found out by chance & fortune, & at length by experience reduced into such an art, as is altogether against nature. For the occupiers thereof do give and cell money for money, which was not invented and ordained to that end, that either it should price itself, by itself, or be valued & esteemed by way of merchandise, but that all other things should receive their prices and value of it. And the valuation of money to proceed, and have always estimation from public authority, and the same to be perpetual and unchangeable, according to a known standard. Whereas the merchant exchanger selleth as it were, the valuation and rate of money, making at all times, what price he listeth: wherein he transgresseth public order, against all equity & common justice, practising under the colour of exchange and rechange all the mischief that usurers can devise. And for the closer & more secret handling of the same, the exchangers have imagined certain distinctions of time, to blear & stop men's eyes from spying their pretenced usuries, & counterfeit dealings. For when a man will borrow money by bill of exchange, he is asked and demanded, whether he will have it at sight, usance, or double usance? which three varieties of time, be the three disstances, chief used amongst merchants, and exchangers now a days, although there be many other. And then if from London money go by exchange at sight for Antwerp, for xxiv. s. th'english pound, it shall go at usance, which is a months time, at xxiv. s iiij. d. and at double usance, which is ij. months time, at xxiv s. viii. d. oftentimes at more, but seldom times at less. So that for the forbearing of a hundred ●. pound for one month, there is gotten five nobles, and for the forbearing of it two months, there is gotten, three pound six shillings eight pence. And therefore it were as good, at the lest it were all one thing, to say to him that will borrow money by this exchange: sir, ye shall give me for a months forbearing of a hundredth pounds, three and thirty shillings and four pence, and for two months, three pounds six shillings and eight pence starling. And if a hundredth pounds be taken for sight, which is commonly not passing four or five days respicte, betwixt London & Antwerp, there is likewise gain reaped, more or less, or else men will not deal. All which considered, who can excuse this kind of trade from usury? because the banker, or deliverse of money, maketh his gain before hand: setting several prices upon his money delivered for every distance of time. And so receiveth more again, than he first disbursed, only for lending of it, and for the delay of time, in forbearing his money: making other men's necessities, to serve his greedy covetousness, coloured with these strange, and unwonted terms of diversities of times. Wherein the ignorant and unskilful of this kind of traffic, have supposed some reasonable cause, to lie hidden, for taking such gain and profit, as redoundeth to them by the said exchange. But in very deed, there is no reasonable cause at all, but a very flat lending of money, for lucre & gain, as all usurers commonly do. And therefore, I can not judge, but both these sorts of exchanges, aswell exchange by bills, as seek and dry exchange, are the very practices of usury, under that colour and title of exchange: wishing that no such cutting exchange, should be used or borne withal, in any well governed and christian common weal. But yet, because merchants, which have an intercourse and trade of occupying, between country and country, many times, for the furthering of their business, or for the benefiting of some man's necessity, seem to have need of exchange: it is not forbidden, but that they may use real exchange always, before specified, so the same be done without fraud, for one to serve an others turn, leaving that subtle invention of three distances of time, bargaining, as it were, for greedy gain, and gaping after profit unlawfully, by letting forth their money. And surely merchants should not live by gain of money, but by gain of wares, and yet not selling time therein neither: but following a known lawful trade, for the maintenance of common society, doing as they would be done unto, and helping one an other charitably as need shall justly require, and time give opportunity. Thus if merchants would deal plainly, and simply gain without seeking further advantage, and selling for time as they could presently, it were charitable, it were honourable, it were profitable for all estates, yea it would be the universal benefit of Europe, to shaduauncement of all welfare & plenty. Whereas now, through their unmerciful dealings, in this their biting & cutting exchange in respect of time, they destroy many honest men, & undo princes, that borrow money of them after that sort, & so bearing all things at last to utter confusion. God open the eyes of christian princes, to redress this evil, the only invention of the devil, to destroy all charity, that in right should be used betwixt man and man. The young king of Portugal, being about 19 years old, this January last, having had the absolute government of his kingdom, since the fowerteene year of his age, according to the civil law, doth deal severely at this time against offenders, & especially against such as are hurtful in their trades to the public benefit of his people. And whereas, amongst other gauls of his country, his majesty understandeth by some godly men, that the exchange in his realm is much abused, and practised amongst merchants there, for greedy gain only: his highness hath forbidden by proclamation, upon great pains (as I am informed) that no banker, or other whatsoever he be, shall give any bills of exchange, for any manner of gain at all: no not so much, as to have consideration, for the charge of keeping their books and cassiers. But if any man be disposed to give his bills of exchange for any place, or by any manner of ways, he must give out the same freely, without taking any one penny for his pains, taking only value for value, and no penny over at any hand. For if he do otherwise, he incurreth strait ways a great penalty: the weight whereof, he shall feel, be he well assured. For this must I say, that I have not seen better Justice done, nor laws better executed in any place in Christendom, then in Portugal. God grant Justice else where in every place, the usury amongst other offences, may be at the last in no place at all. And would god, that men would once leave craft, and use plainness, and get wealth unto them lawfully as they ought to do, and in good conscience. For surely as men do now live, especially in this matter of exchange, they do make the name of exchange, to serve their wicked purposes, intermeddling in the right of princes, for their own gain, being lords of coin, to the great shame of all princes and states. For whereas all kings and governors, should set a certain rate upon their coin, and no man so hardy to overvalue the same: these bankers, these money men, and these merchants do set what price they list of money, and make it either of high value, or mean value as they please, for their own singular commodity and private gain. A time was, when princes only did deal with the valuation of money, and exchange of the same. As first the coin was rated in all countries, at a certain value, by public order and authority from the prince and state. And then none gained, by any exchange of money: for the value being known, none would give more, yea none durst give more. And especially in England, in the five and twenty of king Edward the third capit. xii. Thexchange was not used by any subject, but by the king only, upon pain of forfeiture of the money so exchanged. The same law was likewise used in king Rycharde the seconds days, and in the third year of king Henrye the seventh, and then did all states flourish. For the stranger bringing in his wares into this realm, did first pay his custom, by his oft trafiking, and emploiing the money that he received here upon the commodities of this land: and so paying custom, departed home to his country again, without carrying any money away at all by exchange, except upon great cause. For if there were not sufficient commodities here in wares, he made his exchange then with the kings officers, and none others. So that it was known certainly to the prince and officers, what exchange he made, and upon what cause. And then was no fraud used, yea in those days, merchants were beneficial to the prince, profitable to their country, and wealthy to themselves, with oft trading, much barattinge, great changing, and speedy selling of their wares, with the commodity and chaffer of other countries. Since which time, the merchants seeing great gain before their eyes by thexchange, began to flatter princes, and made offer, to lend them great sums of money upon their need, if they would suffer them, to use thexchange one with an other. And so they entered into a fraternity, to have the exchange, amongst themselves, and agreed upon four standing banks, to serve the pleasure of all princes. That is to say, at Antwerp, Lions, Venice, and Rome: who having in all these places certain privileges granted unto them, for their security (for otherwise, it were high treason, to intermeddle with the valuation of coins, against the leave of princes) they gave new valuations to coin, for their private gain, calling it permission money, making a greater value of the coin, than it was in his own nature, & by public authority agreed upon: taking occasion upon discrepances and distances of time, and place, to make the money dearer or cheaper, as they pleased amongst themselves: and that after three manner of ways, at sight, at usance, and double usance, as is said before. And from these four places, other cities took example: as London, Civil, Lisbon, Paris, Roan, and Bridges, and used the same permission exchange, as the other four standing banks did. And this is strange, to see a diversity of payment from one place to an other of equal distance. As for example. From Antwerp to London, thexchange hath been two and twenty shillings ten pence, at sight: and from London to Antwerp again, it was strait ways three & twenty shillings. Likewise the exchange from London to Roan, for a french crown, was five shillings eight pences or ten pence at the most, and immediately, from Roan to London, thexchange was again six shillings, or five shillings eleven pence at the lest. By which examples it appeareth, that one some of money, of one sort and kind of coin, hath two prices, and two valuations at one time exchanged, for one distance of time, differing only, by the diversity of place & country. Thus we see, what merchandizes men make of money, and altar coins, valued by public authority, to be of what price they list, for their own private gain and commodity. And since this permission exchange hath been used, plain dealing, and charitable lending hath been forgotten, bullion hath not been brought into this land, artificers have decayed, the prince's custom in all countries hath been much lessened, all lawful trading, nothing so much used, good occupiing towns have come to ruin, and the great transporting of wares from one country to an other, nothing so frequented amongst merchants, as hath been heretofore. And last of all, the price of all wares by this means, hath been greatly enhanced. And will you see, when thexchange is most used. Thus it is. Where plenty of wares is to be sold, and good is to be done with the buiing of them: thither is money sent in great abundance to buy the same, and the same money riseth straight to a greater value, when any one will borrow to pay present money for merchaundizes. And thus the merchants paying for money after fifteen in the hundredth at the least, although he make a good market for himself, yet his own country men shall feel a smart, when he cometh to cell the said wares at home. For he will so hyghten the price of his wares, that he will loose nothing by thexchange at all. And so the poor chapman, and the plain meaning man, shall pay for his exchange every penny, besides the gain that the seller will make for his own living. And this is the reason, that wares wax dearer in this age, than they have done heretofore, only through the devilish and wicked merchandise exchange. Now lord god, what mean princes to be thus abused, to suffer private men, to set price of their public coin, and to make it oftentimes, to be more worth, by permission exchange, then by nature it is possible to be: suffering them, to change the course of nature, as though a pound weight, should be more weighty than a pound, or a pound tale, more than a pound tale, or an inch more than an inch, or a barley corn, more than a barley corn. And this I understand, that certain rich bankers, agreeing together, and taking up great masses into their hands, can make what value they list, of money: for money must be had, what shift soever men do make, and pay they never so dear, they will have it, rather than fail of their purpose, for want. And this is the reason, that not only great merchants, but also great princes and kings, are many times bankruptes, through the excessive paying for money borrowed, under the name of exchange. But money was not first devised for this end, to be merchandise, but to be a measure and a beam, betwixt man and man, for the buying and selling of wares. And so every man to receive money in value, for the goodness and price of his wares, and not that men should make money of money: a thing so contrary to nature, as nothing can be more, and the only ruin of all trade, throughout the most part of this known world. Thus I talk, and spend wind in vain, for you master merchant, stand still upon this, that no order can be taken for thexchange, because of the uncertaynetye of it, which riseth and falleth, as the scarcity or plenty of money is. And what is the cause of all this? surely the greediness of man, and the covetous desire, which he hath to enrich himself, by hook or crook. Now Lord for his mercies sake, is there no way to temper this unsatiable desire and greedy covetousness. Well, howsoever men willbe evil, it is not good for others to lull them in their evil, or to allow of sin: but always to speak against vice, as god hath commanded, and to refer the punishment thereof to his justice, in due time to be ministered. But I am afraid, I have been overlong, in this tedious cause, and high mystery of merchant's occupation: and therefore I will speak no more thereof, but show you now where no usury is at all, and that in divers contracts, and so declare the difference betwixt interest and usury. I do buy land of my friend for a certain sum of money, and of like value to the land, with this condition: if he bring me the money again, at any time, he shall have his land again. I being lawful owner of this land by bargain and sale, may safely enjoy the fruits and rents of the same lands, without any suspicion of usury committed, and the rather for that I have paid the just value. And (as I have often said heretofore) usury cannot be, but where lending is, & the property altered, and the use also of the thing lent, consumed. Now then, he that hath gotten lands by bargain and sale in this sort, although he have promised, to cell back again the said lands, for the said money: yet is he true owner thereof, and may take the fruits, without danger or offence to god or man. Always provided, that these dealings be not used for colourable chevisances, to make indentures of bargain and sale, only for usury to be exercised, and to avoid thereby the danger of law. Now this fraud & this sleight, may be easily espied, if the manner of dealing, be well and advisedly looked unto. As thus. If the man that buyeth this land, be a known usurer, it is likely that he seeketh the gain of his money, by the rent of that land, and his money also, when it is offered. Again, if the money paid, be much less than the land bought: it is most like, there was no plain meaning of any bargain and sale, but a devise, to avoid the danger of law, and so to make gain, by the profit of the mean issues of the land, a common shift used now of days, to mock god with all, C. de pactis interempt. & vendit. l. 2. & l. commissoriae & l. cum te feodum. and his law, but god is not mocked. And surely there is no right or lawful buying, where very little is given for that, which is very much worth, but a certain cunning used (as I have said) to mock both god and man. I do freely lend money to my friend, for six months, with this condition, that if he do not pay me the said money at the time, he shall pay unto me such damages as I shall sustain, for default of his payment. C. pervenit, & C. constit●tus. De fide iussor. In this case, if he break day with me I may lawfully demand recompense, and take reasonable usury without offence, because he hath hindered my gain, in breaking day with me, for that I purposed upon the same money at that time, and made just reconinge to make then certain payments with the self same money. And yet if upon lending my money, I demand a certain, as twelve pound in the hundred pound, more or less, for the only forbearing, & for time sake, without knowing my loss that might be afore hand, I am herein an usurer. I being an occupier having money lying by me, which perhaps I must shortly employ, and notwithstanding, because my friend hath great need, I do help him, with an hundred pound for six months, with this condition, that if I shall stand in great need of the same money, within the same space, either to pay some necessary debt not yet known unto me, or to buy some very good bargain, that may perhaps fall in the mean season, which I cannot do, without the said money: my said friend shall promise' me to pay for me all such usury as I shall be forced to pay, in consideration of the want of my money. Herein I do not commit usury, if for good causes I do demand allowance, without fraud, covin, or any coulorable dealing at all, but only for mine own certain indemnity, and to save myself from an undoubted known harm. An other cometh to me and would borrow a thousand pound in gold, and as much in plate, for a show to declare and set forth his wealth the more to the world, when it is seen in his shop. In this case I may take usury for my goods, ff. commodati L. 3. without offence. For this is no lending, but a letting out for higher, upon his peril that letteth for a certain time, & therefore where no lending is, nor property altered, there cannot be any usury at all. The Apothecary dareth to the Physician 100 l. by the year freely, because he shall sand his bills of receipts unto him & to none other. In this case is doubtful answering. But if the Apothecary be a just dealing man, & have good ware in his shop, and deal faithfully without slander or hurt, so that neither the Physician himself, nor yet any other for him can perceive or judge, that he is damnified in any thing: I do think that in this case, there is no usury, because the Apothecary doth not take any thing, to be valued or measured, by money over & above his principal, but only the favour of the Physician, for the utterance of his good lawful and honest wares. Although there be that say, this same is a knack of usury, by lending of money to utter their wares better, and to get more credit among the people, but I refer it to their consciences that so do. A●ncightyer man than myself, wythholdethe through force, a portion of land, from me: I am loath to try the law with him, because he hath the law in his hand, and is a Judge. And I offer to lend him five hundred pound, for a year or two freely, so that I may have my own, without farther trouble or vexation: In this case, I am no usurer, because I do not gain any thing, but only receive mine own quietly, without further trouble or charge. I do borrow an hundred pound for a year, promising at the years end to lend an other hundred pound to my friend, of whom I borrow the year before: this is permutation, when one good turn of like value is done for an other, and no usury. I take the peril upon me of the carriage of a great mass of money, I may lawfully take portage money for my pains without offence: for it is no usury, because it is but the reward of my travail. I am surety for one, and pay the debt, paying usury for the same money. Ext. side iussor. ca 1. &. 2. The principal debtor for whom I was bound, is bound to pay unto me the usury, and the payment unto me is no usury, for that I have nothing but mine own again. A man by testament, granteth a legacy, and willeth his son to pay the legacy, and so much (nomine poenae) for not paying of it: The law saith, the testator may charge his executors or heir, under a penalty, to pay his legacy, and the same is no usury. But if the testator should thus say. I will that my son or executor, shall pay for every month that they are behind hand, so much, and so from month to month till it be paid: this is usury say the lawyers, because the time is mentioned and pained. Baldus rehearseth this matter by a testator, Bald. L. unica. col. 6. q. 3. that charged his executor to pay unto Sempronius a hundred pound, De hijs quae poenae nomine after his decease, or else to pay unto the legatory for every year that it were unpaid one tun of wine, or ten pound in money: the executor paid the wine for three years together, & afterwards refused to pay any penny or legacy at all. The legatory had the executoure in suit, and it was ruled by law, that he could not have any thing, because it was against law that a testator should make any such bequest with a penalty, being none other then cloaked usury. And in this case, Baldus saith, that he prevailed for his clyente thexecutor, against the legatary. Now if the testator had simply said this, I will that Sempronius have ten pound yearly for these ten years, & at the x. years end, 100 l: It had been no usury at all, but a plain and lawful legacy. A man hath a sum of money allotted unto him for the dowry of his wife, C. Salubriter extra. De usuris. Et ibi Pavor. et Ant. de Butr. the money is not paid at the day of the marriage, nor yet long after, but some piece of land casually bearing fruit, or corn in pawn, allotted unto her: the husband shall have the benefit of that casual ground, be it fruit or corn, until the dower be fully paid, or having no such land nor pawn otherwise, he shall have the interest of his money dew unto him, because he sustaineth the burden and charges in maintaining his married wife freely, without any dowry at al. And so much interest shall he have, as he can prove his certain charges of the marriage hath been. There be also, that think, he may practise before hand, for a certain portion monthly, or yearly, till he be paid the whole dowry, which opinion Panormitane amongst others, doth maintain. A rich man dealeth with his baker, & saith thus. neighbour, I know you need money to buy corn, you shall have 100 l. of me for a year, so that I may have weakly, so much manchet, or cheat bred, as amounteth to a royal, noble or crown weekly for the whole year, and then to put me in good assurance for my 100 l. at the years end. This is usury in the devils name, & he more fit to eat stones then bread, that would bind men to such a bargain, & have so little charity in him. A lord saith to a brewer, sirrah, you shall have in such a parsonage of mine, an .100. quarters of barley yearly before hand, so that I may have .20. tun of double bear yearly, for my corn. I do answer. If the lord have more bear, for letting his corn before hand in respect of time, than he could have ready bear to be delivered upon sight of the corn, I do say that this lord is an usurer, for he is a time seller, and hath gain for the very forbearing of his corn. One selleth the green corn of his ground, C. in Civitate. ext. de usur or the fruit of his orchard, before the trees begin to flower, and the buyer hath a good bargain, & gaineth greatly: the buyer in this case, is not bound to pay any thing back again, because of the uncerteintye of his gain. For so the year might have fallen out, that he should neither have had corn nor fruit to any purpose. An other giveth an hundredth pound in money, never to have it again, to receive in steed thereof, five pound for ever, or three lives: here is no usury, because there is no lending, the principal being gone for ever, and the seller hasarding his money, for he or his perhaps may be evil paid hereafter. Innocent. & Host. ext. de usur And although the value may be twice or thrice paid, that is no matter, for so a man may gain with buying & selling, with chopping & changing, with letting & setting, with purchasing of land, and by divers other contracts, and ware very rich with such bargains, and yet no reason that any thing should be paid back again, for then all men's estates and wealth, should be uncertain. There might divers other contracts be named, I will not be long, for all say this. If a merchant that liveth by his occupying and trade, shall sustain either loss for wanting his money (in due time) or feel hindrance of gain, because his money is out of his hand: It is every man's part, to be thankful, and to remember the harm, that the merchant hath felt, and especially if the debtor do break day in not paying of that, which was freely lent unto him, he aught to satisfy the merchant to the uttermost, or else he is no good man. And to show last of all, the difference betwixt interest and usury, although it little needeth, for that the examples heretofore declare the matter plainly enough, for you must understand, that usury is only given for the only benefit of lending for time. Whereas interest is demanded when I have sustained loss through an other man's cause, and therefore inter est mea, that is to say, it behoveth me, or it belongeth to me, or it is for mine avail, or it is reason, that I be answered all losses and damages, that I have sustained thorough an other man's cause, aswell for the gain that else I might have had by my money, if touch had been kept, as for the losses sustained thorough an other man's fault, that hath not paid me mine own in dew tyme. And therefore all laws do allow, that men may have their damages awarded unto them. And in so doing, an equality and just proportion is observed in this sort, that whereas one hath had benefit by me, I should likewise sustain no harm by him, much less be undone for my well doing, and he to wax rich by my loss, that meant so well towards him. This is agreeing to all laws and to natural equity, to justice and to reason. And the name of interest is lawful as the which seeketh only equality: whereas the name of usury is odious, ungodly, and wicked as the which seeketh all inequality, where by countries and kingdoms and all good governed common weals, are often times destroyed and utterly overthrown, when the most do starve, and the fewest do gain. And thus although a man may demand interest in some respect, and for cause after the lone of his money: yet can he not certainly express the value before hand, or by any former contract, demand gain for lone. The last part of my division, toucheth the punishment of usurers, and the allegation of examples in all ages against usury, wherein I will be as short as I may show myself: for I fear me, I have wearied you all with my tedious talk, but such a plentiful field: how may it be lightly ranged over? With that they all said, they wear rather refreshed then wearied, saving that the griselye merchant was put to his nods now and then, wherefore said he, it is good to cut short. And hereupon I wished both him and all others, not to give occasion, & then men would speak the less against usury. But now, as things go, the hoattest wild fire that is, is to little, and not hot enough against usurers, because they swarm so much, and are so horrible in their dealings every where. For if I should devise to do one a notable displeasure, whereby to bring him to utter confusion: I could not set a better frame for him of mischief, then to lend him great sums of money, upon very good assurance to pay deep usury therefore, & to forfeit great bonds therewithal, if the money be not paid. And I pray you, hath not this devise been practised with some thriftelesse enheryters, and wasteful gentlemen, of our country to feed them with money upon deep usury, and that in statute merchant, upon excessive, and almost horrible penalties, that lands worth ten thousand l. have been forfeited for not paying a thousand in money, the breach of the statute being four thousand pound, whereas the simple gentleman never borrowed in his life the neat sum of v. hundred pound, in all the world? Beware therefore how you borrow upon usury, you that would thrive, and beware of bonds: for surely whatsoever he be, that useth customably to borrow for gain, and will easily enter into great bonds, he cannot thrive or come forward by any possible means, although he had the high favour of his prince, or the wealth of a Duke: such a devouring beast, and consuming worm is usury, where once it taketh place, & hath made a deep entry. Therefore no marvel if the laws do prohibit it upon great pains, which I will touch in as few words as I can. First the word of god (as master preacher hath said very well) forbiddeth the same expresslly in Deuteronomie, Exodus & Leviticus. And the psalm says. He shall enter into god's tabernacle, that hath not lent his money for usury. And in the eighteen of Ezechiel, all people are forbidden to take more than they lend: And such are excluded from god that take any overplus. The general counsel called Nicenum Consilium doth utterly forbidden usury upon great pains, but that stretcheth to the clergy. The Civil law did never expressly allow of usury, neither was it possible by law to altar nature. For use can not be assigned unto those things which are wasted with the only occupying of them, as wine, oil, corn and money are: and therefore cruel are they that seek to separate them from the property. For he that hath borrowed any thing, and so is lord of the same, by virtue of his borrowing (as all borowers are) he hath the use of the thing borrowed, which doth consume away with the borrowing, & cannot in any wise be separated from the property. And therefore the Civil law, did rather use a shift by caution of bond or obligation after a certain time, for the lord to recover by, that had lent out his goods to an other man, which stood him in steed of the property, although by duty of nature and right, he could make no claim at all to receive any use or benefit of that, which he did lend. In deed the Emperor justinian doth bear, with moderate taking as I will say more at large hereafter, & yet rather suffereth it than alloweth it, to avoid great harms, lest the trade of merchandises should decay through the covetousness of men, that else would not trade, the same being hemmed notwithstanding, within certain lists or bounds, over & above the which if any man do pass, he is condemned for an usurer. Extra. de usuris per tot●̄. But the Canon law, which is the law of the church is most vehement against usury, & appointeth very sharp punishments against all usurers, grounding it for a most deadly & damnable sin, & making it by all circumstances, more irksome in gods sight than murder. For y● an usurer is a destroyer of whole families, towns, and kingdoms: whereas a murderer is but an offendor against one or two parsons. Therefore who soever maintaineth usury not to be a deadly sin, the Canon law judgeth him for an heretic, against whom the laws may of right proceed to his condemnation. ¶ The punishments appointed by the làwes, are these. FIrst they are defamed persons, L. improbum & ibi Bald. C. de infamibus. for that the law defames them. So that if my brother make an usurer his heir, I may break the testament, and by excluding him, be admitted myself, by complaint of a testament, made against office or good right. 2 Again, they cannot be suffered to receive the holy Communion, or to come into the church where god is honoured in the congregation, that by such means they being ashamed, might repent & acknowledge their faults & call to god for grace. 3 Moreover they shall not be suffered to use any oblation, in the church of god, as other christians do. Clem. eos verse sepelije, De Sepul. joan de Imol. in 7. Collat. & ib. Card. 4 And when they are dead, they shall not be buried in christian burial. And if any minister do receive any known & convicted usurer to the holy Communion, the same priest or minister shallbe strait ways suspended from celebrating in the church. And who so burieth an usurer so convicted, shall immediately be excommunicated. According where unto, an old tale comes to my memory: which because it is a matter of fact, & setteth forth this purpose well, I will briefly show it. A rich usurer, A notable tale, fit for an usurer to know. being notorious, and therefore often warned to amend, and yet amending never the more (as many that come to sermons, are never the better) departed this world: where, & when I cannot tell (for the book goeth not so far, either for time or place) But after the man was dead, his kinsmen, that succeeded him, (as rich men want none) desired to have him buried in the parish church, before the high altar on god's name. The person being a zealous godly man, would not bury him at all, not not in the churchyard, much less in the church, or at the high altar. His kinsmen hereupon, being greatly dismayed, offered largely to have this favour: but all would not serve. At length understanding that the person had an ass, which brought his books from his parsonage daily to the church, being a pretty distance in sunder, they pollitikelye desired, to obtain this favour for him, that as his ass did daily carry his service books to the church, so it would please him, that for this one time, the quick ass, might take pain, to carry this dead ass in a coffyne, with this condition, that wheresoever the ass stayed, there the body should be buried, persuading themselves, that as the ass by an ordinary course, used every day to go from the parsonage to the church, with a burden of books upon his back, so of course, he would take the same way, with this dead man's corpse, being cheasted, even straight to the church. The priest, upon their importune suit, was contented that the ass should deal in this matter for the usurer, and be his dumb judge: who, when he had the cheasted body upon his back, feeling the weight heavier, than it was wont to be (as usurers want no weight, being overladen with sin) or else by some secret motion of god, I think, as Balames ass was inspired: So this foresaid beast being laden, and overladen (as it should seem) did fling, and take on immediately, as though wild fire had been in his tail, and leaving the ordinary course to the church, took the straight way out of the town, and never left flinging, and running, till he came to a pair of gallows at the towns end, and there walloinge himself under the gallows, with the corpse upon his back, did never leave tumbling and tossing himself upon the bore ground, till he was clean disburdened of so miserable a carrion. So that there even under the very gallows he left this usurers carcase. A fit altar undoubtedly for usurers to be sacrificed upon a live, or buried under when they are dead, and a most worthy tabernacle or shrine, miraculously assigned, for all such lewd saints to be shrouded in, either dead or alive. But this tale hath almost made me forgeate my division. 5 It is further determined, that whereas priests do ordinarily go unto all other christians, to give them ghostly comfort: none shallbe suffered to come unto usurers, to give them any ghostly counsel, but to suffer them rather to perish like dogs. Except it be evidently praised, that they are sorry for their former lives, and are contented to make restitution of goods so horribly taken, or gotten, as by wrongful usury▪ putting in pawn for the same, according to their abilities. Wherein they are in worse case, then common strumpets or hatlottes be. For a drab, is not bound, to make restitution of that she hath gotten unlawfully, by abusing her body in filthiness, but only to do penance. And yet an usurer, must restore his evil gotten goods, because he hath stolen them, or else, he cannot be received into the church again. 6 Besides this, when they make their wills, none must be present at the making thereof; to hear witness of any thing they do. 7 Neither shall their testaments he of any force, except they make satisfaction. 8 Nay they cannot make any manner of last will at all, neither nuncupative▪ nor yet codicill, that is to say. Neither will by word of mouth, nor yet a short will, without institution of an heir. 9 Not although he make his will, and register it, putting in sufficient caution● yet it will not help him, as some do hold opinion and say, as Bartolus amongst others. 10 And if any usurer, Sextus de usuris. will dwell in any other shire, then where he was borne, he shall not be suffered, but utterly be banished for ever, and never to come there again. Or if through sufferance; such do dwel● those places, & are wi●ked at, the chiefest men there shallbe indicted, the bishop suspended, and inferiors prelate's excommunicated. 11 And what become of an usurer, no man aught to care, although he beggis his bread, and dye for hunger, because his life is as hateful, as it is abominable. 12 And laws made, for the allowance of usury are utterly abrogated. 13 And because, they are accounted worse than common thieves and rovers: they are bound, not only to restore that they have, but also to answer all the fruit, that they have gotten by such unlawful means. Notary's are charged upon great pains, not to make any instruments, for such wicked contracts and ungodly bargains: for if they do otherwise, they are holden for perjured persons, because they take an oath upon their first admission to the contrary, and also are restrained for ever to be public notaries afterward. Moreover, all laws and statutes made, or by oath received, and allowed to be good, or that enforce debtors to pay usury unto their creditors, are upon great penalties forbidden and made void. Again, those great usuries, that have been paid, are also abrogated, by the council of Uienna, and those that hereafter will take upon them, to be authors, writers, officers, or devisers of such laws, shallbe straygtway excommunicated & accursed of the church. All this notwithstanding, if the usurer do repent, and call to god for grace, he shallbe absolved, and received again into the congregation: so that he do make faithful restitution of all his gain gotten by usury, and do further stand, to tharbitrement of his ordinary diocesan, and judge in causes ecclesiastical, who by the laws is appointed to punish him by the purse, that whereby he hath gained, he might make recompense by the same. And assuredly, there cannot be a greater punishment to a covetous usurer, than to punish him with payment of money, who hath set all his mind and whole thought, upon scraping, and gathering of goods together, without any care in the world how he came by them. And yet some will never be good, do you to them what you william. According whereunto, a 〈◊〉 to revive your wits, and to quicken you, yea and perhaps to touch you master Gromel with all, I will tell you a jest by the way, touching this matter, of a merchant whom you all know. A certain famous preacher, A tale, of a merchant in London. a man most zealous in religion, and therewith so vehement against sin (as I know few his like within this land) made a sermon, not many years passed at Paul's cross: which sermone was wholly against usury, wherein he showed himself, both very well learned, and also right godly, and (as I think) he did good to some. The same Preacher dined the same day, either with the mayor or sheriff, or some other merchant: but whither, I cannot well tell. And coming to dinner, the party did welcome him, as it seemed, heartily: and glossed yet in deed, as it fell out afterward, saying that he doubted not, but he had done great good that day, in speaking so much against usury, and therefore thanked him. Where upon an other familiar acquaintance of the said merchant, said unto him serretly. What mean you sir, to give this man so great thanks, for speaking so much against usury? I do not know him in London, that gaineth more by his money then you do, and therefore me thinks, you speak either holowly, or not advisedly. Tush quod the merchant: you are a fool. I do thank him, & thank him again, for wot you what? The fewer usurers that he can make, the more shallbe my gain: for then, men shall chiefly seek me out. For do you think, that he can persuade me, to leave so sweet a trade, for a few words of his trolling tongue? Not by the roods body can he not: and therefore I will claw him, and say well might he far, and gods blessing have he too. For the more he speaketh, the better it itchith, & maketh better for me. Thus you see, that notwithstanding the straightenes of laws, and the mighty threats and curses uttered by god, & his prophets: some are so stony hearted, that nothing▪ will enter to temper them, which are to be taken, as graceless people, abject persons, and reprobate heathens, utterly renounced & forsaken of god. For wh●̄ let us pray, if it be gods will, to turn their hearts, that they may enter into their own consciences, and use charity, as they are bound, and learn to do to others, as they would that others should do unto them. The writers upon the law, are most generally against usury, Baldus. cons. 449. in part 3. and amongst the rest, Baldus in his book of councils, speaketh bitterly against them, saying that usury is a gainful piracy, contrary to nature, upon the lone of any thing, that consisteth upon weight, measure and number. And if any man (sayeth he) do think it not to be sin, to lend for gain, he is straight ways an heretic: if he do think it to be sin and yet do use it, than he is straight ways a land pirate. And therefore, whether he believe it or not, he is like a leprous person, that through te contagiousness of his own disease infecteth others, and to being infectious, he ought to be banished out of christian mens company and congregation, till he be found clean, as those leppers were in the old law. Yea he offendeth, sayeth this doctor, against the nature of things, because it is impossible, by the order and course of nature, that once one, should be twice one: which the usurers go about to make, heaping and gathering together, more than the bounds of nature will suffer, for nature can not ford it, that once one of dead things, should become twice one, which must needs be, if I receive more than I lente: for in receiung more than I did lend, I have mine own, and one thing more, which is two for one. And it cannot be, I say, either in nature, or in reason, that one should make two: so that all usury is against nature, law, reason, religion, and all god's forboade. And farther he sayeth, that an usurer is a devouring beast, Pli. lib. 7. nat. historiarum. and like unto the worm called of Pliny, Teredo, that breadeth in timber, for that the same wor●● being touched or handled, seemeth gentle & soft: & yet hath he so hard teeth, that he destroyeth all manner of wood. Even so the usurer is a worm at the first handling, soft and gentle in words, always pretending the charitable aid of his borrower: but in the end he devoureth every man's patrimony and inheritance, that dealeth with him. And although naturally it be given to us to abhor most, the greatest sins: yet it is contrary in an usurer, for the greater usurer he is, & the greater gain he getteth, the more sweet & pleasant is his usury unto him. And as fire will never cease to burn, if it have matter laid unto it to burn upon: so the usurer (like untohel mouth) doth devour & gnave, upon every man's goods, as long as there is a penny, or half penny worth in the world to be had. And that which is worst of all, he than hurteth most, when he is lest felt. And therefore, usury is called that most wicked thing that can be. D. 47. & ibi. Archid. And note further (quoth he) that an usurer doth lick with his tongue, like a serpent, & stingeth like a scorpion, & seeketh: ever like an angry or roaring lion, whom he may devour, being a false deceitful beast throughout all the predica mentes (that is to say) in every part of him, & in every action that he taketh in hand: for that he taketh that, which he gave not, or taketh more than he gave. Yea the usurer is without all civility, courtesy, or kindness: & the reason is, because there is no part of man in him at all. Thus far, & a great deal more sayeth Baldus, not only in this place, but also in divers other places. But I will leave him now, & go to others: Bart. aute●●. de naut. usur & Autent. de Eccles●is. Bartolus sayeth, that all usury is utterly forbidden, and offensive to god and man. Panormitanus, that writeth upon the canon law, most excellently entreateth upon this matter at large, Panormi. ext. de usuris, and doth utterly condemn all usury & usurers whatsoever. And amongst many other speeches, that he useth, he sayeth thus. The whurlepoole and bottomless gulf of usury, doth destroy the souls of men, and all together devoureth their goods, and bringeth them at all, to be worse than naught. Card. Zabarella, a famous writer, Card. Zabar. upon the decretales, C. quanto. ext. de usuris. doth say, that usury is forbidden, by all laws, and giveth reasons, alleging Innocentius, and saying that all men should starve, c. in civitate. de usuris. if usury were suffered: because tillage, would wholly be left, Innoc. super rubr. de usur when usury were allowed, & so all love & charity, would clearly be forsaken, & all good trades abandoned for ever. Hosti. in sum made usuris. Hostiensis, writing the sum of the law, is of the same mind. Azo, likewise, making the like gathering, being both of them, Azo. deusur. the two eyes of the law, do so much speak against usury, as he that once preached against the pope, & not able to thondre out his dispraise fully, concluded, that he was fifteen times worse than the devil. And so these men do rattle against usury, in such sort, as they make it the worst, & greatest fault almost that can be upon earth. jason. in l. cunctos populos. jafon upon the code sayeth thus. It is not lawful to commit sin, C. de summa trinit. & fide catholica. for the safeguard of any man's life. Neither aught there any dispensation be granted for usury, though it were to redeem captives from the infidels. And therefore no prince aught to suffer usury, although it were to the benefit of the common weal. Zabarella, whom I named before, Card. Zabar. de usuris. is of the same opinion, writing upon the cannon law, in the title de usuris. Speculator, frameth libels against usury, Spec. de usur and calleth it usurariam pravitatem that is the wickedness of usury. johannes Andreas, upon the canon law, joan. And. in regula peccatum. in mercurialibus. maketh usury, to be most wicked. Archidiaconus, and Cardinalis, calleth it heresy. Imola, termeth it a vermin. Pet. de Ancharano sayeth, Archid. 31. q. 1. & Card. cle. that usurers be scorpions. But what do I, 1. de usur unnecessarily heap writers, Imola. saying there are more, that writ against this offence, Pet. de Anch. then against any other wickedness whatsoever? I will now therefore leave to mind more doctors, & briefly show unto you, what several nations and countries, have done herein, & therewith lay before you the minds and sayings of diverse wise and sage governors in all age● and states. The Romans being in their most perfect and flourishing state, Cornel. Tacit. made a law by their twelve tables, Annal. lib. 5. that no man should put forth money upon usury, but after one ounce in the hundred, called faenus unciarium: which is one pound in the hundred, whereas before that time rich men might take at their pleasure. Afterwards it was ordained at the entreating of the tribunes, to take an ounce and a half, and that was 30. shillings in one hundred pounds. After that, it came to four in the hundred, called triens, or faenus trientarium, which is four in the hundred. And last of all, to six in the hundred, called semissis, after six pounds in the hundred. And yet all these alterations, and diversities of suffering in usury notwithstanding, one L. Genitius, Alexand. ab Alexand. a tribune or burgese of the people published a law, that it should not be lawful for any man, to be an usurer at any hand, or by any manner of means. And so by all devices that might be, it was utterly forbidden, and thereupon all frauds were met withal, by divers edicts and proclamations, which being often repressed, did yet notwithstanding, break out by wondered strange means, as what thing is so strongly established, that the malice of man seeketh not to overthrow? Wherefore Tiberius Caesar, to remedy this evil, and because he would not that there should be any usury occupied at all, did put a marvelous mass of money in bank to the sum of millies sestertium, which as Budaeus sayeth, amounteth to two millions and five hundred thousand crowns, & is after our English account, five hundred thousand pound sterling, and took order, that every man should have credit for three years without paying any usury therefore at all, so that the debtor were able to put in a sufficient pawn or surety, to that double value of that he borrowed. And last of all, not only all manner of usury was forbidden by divers edicts & proclamations, but also all manner of exchange for gain: Cornelius Tacitus. for (as Cornelius Tacitus saith) this canker of usury, is an old venomous sore, and is the chiefest head & cause of rebellion and variance in countries, and therefore it was altogether banished in the old time, when least corruption of life appeared amongst men. julius Caesar made a law, that whatsoever was paid above the principal for the very loan, the same should be defalked out of the principal, and no man to be charged with more, then with that only which was merely borrowed. There is a constitution in the name of the Emperor Albert, Hermenopulus whereby all men are forbidden to put out their money for usury. And if any man did use this trade secretly, or by any colourable means, and thereof was convicted: he lost by and by all his goods, aswell immovable as movable, the same to be as an excheate confyscated to the emperors Exchequer. And yet, if the same offender had a wife, she had the third part of his goods assigned to her: so that she took a corporal oath, and did swear that her husband used this kind of usury, altogether with out her consent or knowledge. But if she refused to take this oath, than were all the goods of this man strait ways forfeited as I said, and he excommunicated from the company of Christian men, till he had made amendss, and was become a new man, according to the prescript order of the law. The Germans did not know in the old time, Alexan. ab Alexandria. what usury was, nor yet the Indians neither, till covetousness sought to suck gain of money, and so destroyed all. Yea, some people have so hated usury, that whereas a thief (for then they suffered no death for stealing) was punished to pay the double of that he had taken, Cato de rerustica. the usurer was always condemned to pay four times the value. The Lacedæmonians did bannysh usury forever out of all their territories: & whereas all Egypt was sore overlaid with usury, a law was made, that then a man might take only his own that he had lent, but no more at any hand. Amongst others, Agis Duke of the Lacedemonyans, is so thought to have hated usury, that he burned all the usurers books with a flaming fire, in the open market place: which spectacle being viewed by Agesilaus, he said that he never saw a blesseder light in all his life before. Would god such light might once shine gloriously over London, nay through out all England. Lucullus so hated the excessive dealings of the usurers, that whereas all Asia was overwhelmed with usury, he cleared the same utterly from all usurers. Likewise Cato being a sharp and severe man, did banish usurers out of all Cicilia. Anthoninus Pius, Alexander Severus, Claudius, Vespasian, Leo, & divers others, did restrain the covetousness of usurers from time to time. Cato being asked what was the chiefest point for household keeping, Cicero de officijs. lib. 2. answered: to pasture well, that is, to have good pasturing for cattle. Being asked what was the second point, he answered, to pasture sufficiently well: that is to say, not to overlay the pasture. Being asked what was the third, he said: to cloth well, that is, not to exceed in apparel. And asked what was the fowerthe, he said, to till the ground: that is, to maintain husbandry, for plenty of corn. Last of all, being demanded what he thought of lending money for usury, he answered, mary what is it (quoth he) to kill a man? showing by this, that usury is a very murderer of mankind. Tully in his first book of offices, compareth the usurers to vile artificers, that get their wealth by lying deadly and uttering falsehood to save themselves from famine. And with the usurer, he reckoneth tolletakers, customers, & such money officers, that pill and poll both prince & people, wheresoever they bear authority. Aristotle saith, that usurers and bawds may well go together, for they gain by filthy means all that they get. Plato that divine Philosopher, and most Christian writer, in his fift book of laws, or of law making, as he giveth the title, warneth among other things that no body whatsoever he be, that will bear the face of an honest man, do let out his money for usury or gain. And saith farther, if any do put forth his money for usury, it shallbe well allowed in him that so borroweth, if he never pay the principal again, much less the usury rising therupon. If this Plato were now living, & had the place of a councillor to her majesty, & would maintain such an argument, many rich usurers would utterly cry out upon such a magistrate. There is a book in greek of Plutarches doing against usury, in which he counceleth all men not to borrow upon usury, & therewith doth condemn the whole manner of lending for gain. And his reasons be these. 1 It is against the rule and order of nature, that nothing should bring forth something for that lending. Besides this, the property of the goods is an other man's & not mine, & so it is nothing to me, and therefore against nature that any thing should come of nothing, which is the gain over & above the principal. 2 It taketh away also from the poor, their chiefest comfort, & that is, the quietness of their mind, which they cannot have when they are forced to be careful to answer the biting usury, over and above the principal howsoever they do speed. 3 It devoureth gain before it can be gotten, taking usury in the hundred and not upon the hundred, as these wicked wretches do. 4 It enforceth those that pay deep usury, to take up upon double usance, so that the more they borrow, and the longer they tarry: the nigher they are to utter destruction. And sayeth he, these usurers are like unto these great ravening fowls called Harpiae, that wear sent from the gods (as the poets do feign) to devour blind Phineus meat from him, so often as any was laid before him, because he had at the request of his second wife, being stepmother to his two children, by his first wife Cleopatra, yielded to the plucking out of his children's eyes: so the usurers do devour all that goods that any man hath, as those ugly beasts did eat Phincus meat from him when he was blind. 5 lastly, he condemneth all usury for this reason, because that all men for the most part, do borrow to satisfy their sinful lust, and fond desire, in vain expenses and needless cost and charges. And therefore he willeth such as willbe unthrifts, that they do not borrow upon usury, and so pay money for money, the worst bargain that any man can make: but rather that they do cell their lands out right, to get for them what they can at the first, because they shall have more that way by a great deal, then by the usurer, who will make them loose all for a little, and to cell their lands altogether, for a trifle, as I know divers men have done in this realm. Thus far plutarch, that great learned Clerk. Yea, what godly wise man was there ever, that did not enueigh against uncharitableness, and beaten down usury flat to the ground, by all ways possible? yea what time, what government, or what state is or hath been, that did not abhor this ugly monster and Caterpillar usury? And to come home after the rehearsal of so many foreign & strange decrees, not only by princes in all ages, but also by private learned men in all times. Did not the Emperor Charles of famous memory, in Anno 1530. assemble a diet at Augusta in high Almain, & there conclude by th'advise and assent of the whole Empire, that no manner of contract that had any fellowship with usury, should be allowed? but rather that all usury should be avoided for ever, and be never more used. And if any were found to have made any such contract, the same man straight ways forfett to the magistrate and ordinary Judge, the fourth part of his principal sum, so put forth to usury. And if the magistrate were negligent in this behalf, & would foreflowe to punish such offenders, the emperors procurator had authority to call the officer before him, and to punish him with forfeiture of two or three marks of pure gold. In our time, that godly prince king Edward the sixth, yea godly may I well call him, did make an act of parliament, that no man might put out his money for any gain at all, neither directly, nor indirectly, and appointed pains against thoffenders in that behalf, as you master temporal Lawyer know better than I. Thus I have led you a long way in worldly punyshements, aswell by the Canon laws, as by the emperors laws, which are called civil, and the statutes also of divers other countries and nations. But lord, what are these punishments in comparison of gods sharp rod and severe judgement in the life to come? The scripture of god you have partly heard, but the threats and punishments perhaps, you do not well remember, neither have I amplified them, as they are to be uttered. But lord god, what a difference is there betwixt the punishments of this life, and the sharp vengeance of god in the life hereafter, as you master Preacher have often said? The pains in this life, are in deed but transitory and for time: but the pains in that life, are perpetual, and shall never have end. Yea, such and so horrible shall the smart be, as no mouth can utter, nor tongue express: a bottomless hell, a devouring furnace, and a fire unquenchable, prepared for the devil and his angels, to burn forever with torments eternal. God be merciful unto us, and hold his holy hand over us and defend us. And now cometh to my mind, a matter most needful to be spoken of after such heats of speech used against the usurer, Whether the borrower be an offendor as the usurer is. and that is, whether he that payeth usury be an offender or no? For some think that because there can be no usury without borrowing, these therefore that borrow, are in fault, as they which do give cause of this horrible offence, seeking out these money men, & so after a sort, do compel them to be usurers, that else would not put out their money, if they were not marvelously entreated thereunto, & knew not unto whom they might lend. I do answer, that every borrower doth not sin, because it is an involuntary action, and much against the borowers will, to pay money upon usury, who would rather with all his heart, borrow freely, and pay nothing for the lone then otherwise. Yea, it is as much against his will, to pay usury for money, if he might have it freely: as that man's deed is involuntarye, who being in a ship, and in great peril, casteth his goods that are in the said ship, into the main sea, to save himself harmless, by lightening the ship for the tyme. And as he that being set upon by thieves in the high way, giveth his purse freely, rather than he would have his throat cut violently, and yet god knoweth it is much against his will to part with his money: Even so the poor needy man borroweth, that seethe himself ready to starve, except he be presently relieved, who yieldeth rather to be half undone, for a time, in hope to recover himself again, by some odd means hereafter, them suffereth himself to be undone, both he and his for ever, for want of present relief. Again where th'intent is not evil, nor the mind consenting to sin, as allowing it, but rather altogether unwilling to yield thereunto, as unto sin: who can say that he offendeth, whose mind is sound, pure, and undefiled. And is there any so mad to think, much less to say, that he had rather with all his heart pay for the loan of money, then to borrow it freely. So that in one, and the self same fact, one may offend, and the other may be innocent. 32. q. 5. propos. As for example, an adulterer abuseth a woman's body against her will, the man doth sin, & yet the woman is undefiled, because her mind is chaste and unspotted. jason Baldus Felinus ext. de iure iurando. C. debtor. et ibi Glos. Imola. Pet. de ancho. et 32. q. 5. proposito. Lucretia the Roman Matron, liveth chaste for ever, of whose body though proud Tarqvinius son had his pleasure, yet her mind continued still most chaste & faith full to her husband, and therefore she not consenting in heart to sin, is by same recorded to be the ornament of all womanhood and perfit chastity. And therefore sayeth Saint Iherome very well. Hieron. lib. Corpus mulieris non vis maculat, sed voluntas: Hebr. quest. not violence, but will doth defile a woman's body. And Saint Augustine to Victorianus. August. Vic toriano. Ad deum ingemiscentibus amnino suis aderit qui suis adesse consuevit, Epist. 122. et aut nihil in eam castissimis membris libidine hostili perpetrare permittet: aut si permittet, cum earum animus nulla consensionis turpitudine maculatur, etiam carnem suam defendet a crimine. Et quic quid in ea nec commisit, nec permisit libido patientis, solius erit culpa facientis, omnisque illa violentia non pro corruptionis turpitudine, sed pro passionis vulnere deputabitur. Tantum enim valet in ment integritas castitatis, ut illa inviolata, nec in corpore possit pudicitia violari, cuius membra potuerunt separari, which is thus in english. He will ever be present with his, that sigh and groan to god, as he hath wont to be present with his. And either he suffereth nothing to be done in their chaste bodies, by devilish lust: or if he doth suffer, whereas their mind is not defiled with any filthiness of consent, he doth defend his own flesh from offence. And whatsoever either the lust of the patient, hath either not consented unto, nor suffered, it shallbe the fault of the only doer. And all that violence shall not be imputed for the filthiness of corruption, but for the wound of suffering. For the soundness of chastity is of such force in the mind that when the mind is undefiled, chastity can not be defiled in the body, whose members might have been dissevered in sunder, August. Honorat. episcopo. one from an other. And in an other place. Magis timeamus ne sensu interiori corrupto, pereat castitas fidei, Epist. 180. quàm ne faemine violenter constuprentur in carne, quia violentia non violatur pudicitia, si ment servatur: quoniam nec quis in carne violatur, quando voluntas patientis sua turpiter carne non utitur, sed sine consensione tolerat quod alius operatur, that is. Let us fear more, least the inward understanding being corrupt, the chastity of faith do therewith perish, rather than least women should be violently defiled in their flesh: for chastity is not defiled by violence, if it be kept sound and clear in the mind, for as much as none is defiled not so much as in the flesh, when the will of the sufferer, doth not filthly use the flesh, but suffereth that thing without consent, which an other doth work by violence. This case is likewise to be proved true in an other matter, betwixt the landlord and the tenant: for the landlord may so oppress his tenant, with taking a great fine, and enhaunsing his rents, that he may undo the poor▪ tenant forever, and so commit deadly sin, and yet the poor tenant nothing to be blamed. Ext. de locat. For god knoweth he would have had his farm better cheap, and have paid less rend with all his heart, Bart. L. vlt. if it had so pleased his landlord. Cod. De indicta viduitate tollenda. Thus where the reason in offending betwixt two is not like, the punishment should not extend to them both. C. super 10. And of this opinion are divers Doctors, Ext. de usuris as Archidiaconus, Imola Laurentius de Rodolphis with others. Albeit there be, that are of a contrary mind, & would have the receiver, to be counted an offendor, aswell as that lender, & yet not every receivor neither, but such as borrow to spend wanton and unthriftily, and induce them, to lend for gain, that else have not used so to do, nor would not if they had not been greatly constrained, and almost driven to lend, against their wills. Such borrowing in deed, by such men, seemeth to induce others to sin, and they themselves do sin, that do thus borrow, to serve their lust and covetous desire, not he that borroweth to gain honestly, and save himself from starving. And therefore, as I would not have unthrifts to borrow, so would I have lender's to take heed, what manner of men they be, unto whom they do lend, and not respect so much their own commodity, by getting of unthrifts into their danger, as the benefit of them, and his great necessity, unto whom they are desired to lend. For surely they do of fiend much, that are over hasty in lending, when they see present gain coming to themselves, and utter undoing ready for others. And thus, as I have said some what of borrowers, excusing some from sin, and accusing others of sin: so will I speak of their misery that are driven to borrow. And thus I say, he that wanteth, and is forced to crave, must of necessity be driven to fawn, to flatter, to lie, to submit himself to an other man's will, & to speak oftentimes against his own conscience, and so to falsify his faith all together. Such a one is not meet to be trusted in matters of weight, concerning the state, especially if he be greatly in debt through lose dealings. For men being needy, will commonly yield to much evil, before they will starve: & yet not all poor men are unfit for authority, but some more fit than some rich men. Such only are unfit as are in danger to others for debt, into that which they are fallen, through their own folly, & know not how to pay the same again, by any good or lawful means. And this is very pitiful to here, that he who is once in miserable debt through usury, can never get out again, except some great goodness do hap unto him. For that more he borroweth upon usury, the more he oweth still, so that his misery is infinite, his loss still increasing, & himself decaiing and consuming away, as wax or butter, melteth at the sun. For as time goeth away, and tarrieth no man, so the usurer taketh ever the benefit of time, and gaineth by course of the sun, by a clean contrary way to all others. For whereas the sun helpeth husband men in their harvest, & at these times, when they take pains and travail for their living: the usurer getteth gain through time by very idleness, a fit man to be openly whipped for a common rogue. They therefore, that would be without danger of such devils, and not stand in need of them, let them somewhat hearken to me, and they shallbe eased by god's grace. I would have every body live in order, follow his vocation, be not wasteful, spend nothing vainly, look twice upon their money before they lay it out, and that their expenses, do not exceed their revenues, but rather to live under than above their degree, remembering always, that in sparing is great getting. Thus shall they have the less need to borrow, a better heart to live, and a more quiet conscience to god ward, when they shall spend of their own, and own nothing to any body, but good will and charity: And I tell you, it is a true saying, faelix qui nihil debet, happy is he that oweth nothing, he sleepeth sound sleeps, he taketh little thought, and so passeth the course of his life, with much joy and quietness. There is a pleasant tale, in one of Aristophanes' Commodyes, which I will show unto you, and somewhat enlarge it for mine own pleasure, the rather to refresh your wits, with some merry matter, whom I have thoroughly wearied, I am afraid, with a long discourse. This Aristophanes, being the most pleasant deviser of Comedies and interludes that ever wroate, hath one comedy amongst the rest, which he entituleth de nubibus, of the clouds, and he devised it, at the request of Socrates enemies to mock him thereby, and to bring him in hatred with the people, as one, that brought into the City, worshipping of new gods. And amongst other things, he bringeth in one Strepsiades, an aged man, all together shipwrecked by frayghting with usury, who offered himself, to be one of Socrates scholars, to learn thereby the rather of him, the way and manner how to deceive his creditors, & not to pay them their months usury, which was usual amongst that Grecians, to pay their creditors, at the beginning of every new moon. Unto whom, when Socrates made answer, that he could not give him any counsel to deceive his creditors, he called his wits to him, as one that was brought to an afterdeale, and desired Socrates to tell him, if that way were not good, which he had devised, for (quoth he) I have found out a way, that I shallbe eased of my burden. As for example. What if I buy a witch of Thessalia, and by her enchantments do fetch the moon out of heaven, and bring it away, and afterwards enclose it in a case of glass, and so keep it, as I would keep a flee in a box. And what good (sayeth Socrates) would that be to thee? Marry, quod Strepsiades, if the moon do never rise again, I shall never pay mine usury. And why so, sayeth Socrates, forsooth (quoth he) because men pay their usury ever, at the beginning of the news moon, and not before. Thus you see, to what a strange shift this poor man was driven, even to pluck by violence; the moon out of heaven, for his help. And of truth the witch did her best, and began to charm the moon, which when the creditor understood, he was put in such a pelting chafe, as was wondered to hear: and accusing this poor debtor of enchantment, went himself to an other witch, not only to keep the moon from coming out of heaven, but also to hasten the course of it faster, that he might the sooner have his money. But lord what a trouble was the moon put unto, between these two witches? what storms and tempests did rise? what horrible wind did blow? what great rain did fall? what floods ensued every where? what countries were almost drowned and under the water in many places, as of late it was here with us? At what time, I fear me, some faithless people were yielding themselves to the devils devotion, to bring their wicked purposes about: and I think, it was some usurers practise, to hasten the year forward. But all this I have hitherto rehearsed, to show the miserable state of poor debtors, and the greedy desire of wicked creditors, that like as the one for mere necessity was driven to a marvelous rare shift, to avoid his debt and the penalty thereof: so the other of an unmerciful cruelty, sought as extremely, to hasten the return of his money, by the swift course of the moon. This impossible drift, and unnatural fetch that the poor man was put unto, proceeded upon the uncharitable dealings of the usurers in those days. For whosoever failed of paying his debt and usury, the first day of the new moon (for so the Grecians & old Romans also did lend, from month to month, and for no longer time) the party upon an execution, was by and by taken, and bound with a cord, and so committed to prison, Caelius Rhodiginus. lib. 12 & 20. de nexis, & nectendi ratione. there to live and rot, either at his own charges, or else, if he had not wherewith to found himself, the creditor gave him a little meal and cold water and no more, so much only as would find nature, and so he lived in that misery, till he died. Septimius Florens reporteth, if one man were a debtor to many, his body was given unto them, to be equally cut in pieces, and whereas he had not to pay in his purse, his quartered body should pay for all, to give a terror to others, how to break with their creditors, & as this was amongst the Romans, so the Grecians used the same. But Solon, that wise and merciful counsellor of Athenes, would not that men should so much as be bound with cords, for any debt rising upon usury, and so heinous & hurtful he found usury to the whole state, that he procured a general pardon, for all those that were indebted for usury, which in greek is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as who should say, an easement of a burden. Thus having long holden you with talk, I will now draw towards an end, for I am half weary myself with speaking. Would god, others were more weary of their evil doing, and then all should be well. I pray you bear with me my masters, and take that in good part, which I have hither to said. Ockerfoe. I cannot otherwise, for my part, but judge well of your long oration, for that generally vice hath been rebuked, although in some particular cases, some doubt may be made. But because I have no great skill, to sift several causes, I do not mind to quarrel, but to use mine old trade in rebuking sin, and referring every particular action to every man's private conscience. And glad I am, there have been some good pope's, for surely they have been all naught for the most part, as by all stories written of them, and by sundry their canons and decretales it may appear. Gromel gainer. I, as one of no greater skill, will neither say buff nor baff, but thank you for your long communication, which I am sure, hath rather done me good then harm. For as you may perceive, I have often greeted your good talk with a nod, and therefore have thereby the better digested my dinner, and not misliked your long rehearsal at all. Lawyer. Out of all your civil and canon law, you have showed plenty of matter, but whether truly or not, I cannot tell. And under your correction, me thinketh still, that all usury, even for lending of money, should not be so offensive to god, as your canon law maketh it. And therefore, I do better like the judgement of th'emperor justinian, who would by law enact a moderation of taking, wherefore, if you would farther open this matter, I would be right glad to hear you. Gromel gainer. So would I, if it be for my profit, as I think it is. Civilian. In deed there are writers of this age, that do marvelously defend justinian, for his law of moderation: yea, and stand in it earnestly, that it is neither against god's law, nor yet against the canon law neither, & think it rather a matter of policy, to permit moderate gain, than thus precisely to deal in this case, and utterly to forbidden all manner of taking whatsoever. But before I do rehearse the writers, I will set fourth, and show the law unto you, which is in this manner. We have thought necessary, l. eos. C. de usuris. sayeth the emperor justinian, to make a general law or statute, touching the quantity of usury, bringing the old hard & most grievous weight of the same, to a certain moderate stay, or mean rate. Therefore, we command those noble men, that are Earls, or their betters, that they do not make any stipulation, or firm bargain in any manner of contract whatsoever great or less, for usury or gain to be had above four pounds in the hundred. Those that are guardens or governors over handy crafts men, or places where artificers do work, or else do use any lawful trade of merchandizes, we will, that they shall moderate their stipulation, or firm promise, taken in any bargain, to eight in the hundred. And as for those, that do adventure their goods beyond the seas, and put out their substance upon their own hazard, such may lawfully demand by firm promise, to receive twelve in the hundred, and in no wise to take above that rate, although by the old Roman statutes, it hath been lawful to exceed. And we will, that all other men shall take only six in the hundredth pound above the principal, & the same quantity of excess, in no wise to be enlarged in other contracts and bargains, where usury is wont to be demanded, without stipulation or covenant made. Neither shall it be lawful to the judge, to increase the foresaid taxation or rate, made by reason of that custom used in any country. And if any man should do any thing, against the order and measure of this statute & law, he shall not have any benefit, by action of any overplus: but if he do take more, he shallbe forced to account it into the principal, forbidding all creditors, to defalk or to retain unto themselves any thing of the money, that they put out to usury, either for john Debates, or for john de Curtesia (as the Portugals term it) when man will take a drinking penny, or a trifle for their pleasure. Or that they will be allowed for brocage money, or to the scrivener, for writing of thindentures, or for any cause whatsoever. For if any such thing be done, the principal debt shallbe diminished by so much in quantity, as hath been taken, so that aswell that, which is to be deducted, shall not be asked, as that the usury also shall not be demanded at all. And we minding to cut of all sleights and engines of those creditoures, that being forbidden by this law, to take greater usury, do devise other means, & work by others, who are not so forbidden by this law as they are. We do command, that if any such thing be attempted, the usuries may be so recovered, and accounted, as shall be requisite, even as though he, who used an other man's help, had made the stypulation or bargain himself. Wherein, we do ordain, that the party shallbe put to his book oath, to make his purgation. And the substance of all this law, is comprehended in these four simple rhymed verses. Discant illustres stipulari posse trientes: Et mercatores sibi possint quaerere besses: Quaerere semisses possunt communiter omnes: In traiectitijs vires centesima sumis. ¶ In English thus. Great men of an hundred by law may four make: merchants may have eight, all others, six alone: Twelve parts adventurers, may always to them take: Moore than this to gain, justinian will have none. Now, touching the writers of this matter, and in favour of this law, there is amongst others one Carolus Molineus, a French man, a notable lawyer undoubtedly, and one that lately lived, & such a one as should seem to be of a most godly spirit, referring all his doings to charity, which (he sayeth) if it be kept amongst men, there cannot be any usury committed. For as you master lawyer have said to master Ockerfoe, so long as neither part taketh harm, but rather profit, and is the better for such their trading, how can it be countted an offence to god? Except you will say, that therefore it is an offence, because god hath expressly forbidden it? which if it be so in deed, than there is no remedy to the contrary. For look what god forbiddeth, no man should allow. But herein Molinaeus desireth an interpretation, and saith that usury is not forbidden, but where charity is broken, and my neighbour dampnefied by some exaction. And where it is said, that therefore we should not lend for gain, because Christ saith, Mutuum date nihil inde sperantes, Here he speaketh not of usury, sayeth he, but of restitution of the principal again, or a like good turn. And that this is true, it seemeth most evident to him, because Christ speaketh there, against those only, that give unto them as good again, which thing heathen men and sinners do. But the servants of Christ should lend, and not look at all for the principal again, as who should say, they should lend to the poor & needy without all hope, to have their own again. And therefore Christ requireth of his disciples, a greater perfection and righteousness, than the gentiles or heathen do show. That is to say, that they lend to the poor and needy with this mind and intent, that although the poor men are never like to restore penny again, yet they may be glad and ready to help their needy neighbour at all times, for god's sake. And so far unlike it is, that such a good turn should be l●st and dye: that god himself will give a more plentiful reward, when man doth look for the less reward of men. Therefore as Christ will not, that any man shall lend unto those only, that are able to repay them again, but rather to have an eye, how to do good to our needy and poor brother, then to look that our lent money be in safety, & in a sure hand: So if my neighbour and brother be not in such need, but that he may with his ease pay, not only the principal, but also give me somewhat for my good will and friendship, god doth not forbidden any such dealing. As likewise god did not forbidden a man to ask his own again by order of law. But Christ's meaning and intent is, that we should always have regard unto charity, & to consider the state & case of our brother. And Christ doth show there at large, how we should use the poor, which either at all be not able to pay us, or else with their ease cannot conveniently answer the debt in time. Therefore it is not against charity to take any manner of usury sayeth he: but to take with the hurt and loss of my brother, that is it, which is offensive and dysallowed. For if thy brother do gain any thing by thy money, and he thereof do give thee part, thou dost take part of the blessing of god, and not any part of an other man's good. Neither aught the offence of usury be measured by the quantity of that which is taken, but by the harm and loss which thy neighbour hath sustained, so that the same quantity of taking do not exceed, the bounds limited by the politic laws: showing that no man shall for any cause whatsoever, take over and above twelve pound in the hundred and yet not all neither, can take twelve in the hundred, but the merchants only that do adventure their goods over Seas, and into far countries, hazarding their wares by adventure. Others shall take but eight, and some but six in the hundred by justinian's law, and great men, but four only. Thus far Carolus Molineus. Andrea's Alciatus likewise, a new writer, & a most famous Clerk in the Civil laws sayeth thus. Alciatus de verb. signif. C usura. Apud nos certe publicè interest legem civilem observari, quae certum modum faenerantibus constituit, ut qui cùm excederent, L. eos. C. de usuris. plecterentur. Nam propter Canonum ꝓhibitionem non nisi pessimus quisque et impudentissimus faenerat, qui cambij vel eius quod interest nomine, vel alio fictitio titulo indigentem, atque necessitate, quòd humaniores non reperiat, compulsum, deglubit, nec episcopi et sacerdotes id hominum genus vllo modo coercent, sed adiuuant potius, suis quoque pecunijs Danistae in id lu●rum clam creditis, quod et divinus Ciprianus conqueritur. That is to say, Amongst us surely, it were behovable for the common weal, that the Civil law should be observed, which appointeth a certain rate unto usurers, that who so exceedeth the same rate, should be punished. For now adays because of the straight prohibition made by the Canon law, none do let out their money but the worst men of all, such as care not for laws, and are past all shame, recking not what they take, who under the colour of exchange or interest, or some other counterfeit cloak or title of intercourse, do eat up the poor and needy every where, being driven through necessity to go unto such men, because there are none other that they can found to show than any more favour, or gentleness at al. Neither do the bishops & priests, punish any such kind of dealings, but do rather help them then otherwise, putting their own money secretly in bank, for the same gain: which S. Cyprian did complain upon in his tyme. Innocentius likewise, one of the Popes of that name, seemeth to hold the same opinion. Innocent in Rub. de usur in fine. These things I do think my masters, will please some of you meetly well. Lawyer. In deed I must say, that you have prettily well confirmed mine opinion, howsoever yours is. Civilian, notwithstanding I have showed the Canon law unto you, and spoken largely thereupon, heaping examples, and bringing in divers reasons: Yet some great learned men think, as you have hard, that this kind of dealing may be used in any Christian common weal. But I would know, what master Gromel thinketh, & also hear master Ockerfo yet once again. Gromel gainer. I would have it free for every man, without any limitation at all, or else rather than the prohibition should be so strait, as no man upon great pains should lend for any money at all, that there might be a rate appointed, beyond which, no man should pass. mary. I would that the merchant should lend at all times, and for all causes, for twenty if they list in the hundred, without contradiction, although he do not hazard, nor adventure his money abroad or beyond the seas: Ockerfoe. Will you see how covetousness is rooted in this man? no mercy at all, no charity, no love, he would have the most that is possible to be had, & so would have it at liberty, which is worst of all. For then whereas some men would willingly lend for ten or xii. at the most: he with others would engross to themselves all the money that they could get after that rate, and so when scarcity came, they would put the same money out again for fifteen, nay for twenty. Which wear a cruel dealing and a crafty practice also: not unlike to those priests in the old time that would offer an half penny to encourage the common people to offer a groat more frankly. For so these subtle and deceitful merchants will come to the Street, and take up all the money that they can get after ten or twelve in the hundred and so put it out strait ways again as I here say, for fifteen, nay xx. and more in the hundred: a wicked and a most unchristian engrossing, and god forbid that you or any man should do so. Touching your gentle moderation and lessening of iniquity by justinianus law, I cannot say, as you say neither, but still I must hold mine old opinion because the scripture doth so direct me, persuading myself, that overplus taken for lone whatsoever it be, yea, be it but a farthing in the hundred, for the very act of lending: is plain usury, and damnable before god. For so it is plain in the old and new testament. And I will not seem wiser than god and his prophets, neither will I add or diminish any thing from his word. Lawyers, and worldly learned men may blanch and mynse things as the devil and carnal reason doth lead them. But god is wiser than man, and the wisdom of this world is foolishness in deed before god. Civilian. I will tell you master Ockerfoe, If your expounding be so straight, that the taking of a farthing should be damnation to him that taketh it, of whom soever it be and that you have no respect of men, nor yet in any thing have any regard to the circumstances of time, person or place, I cannot tell what to say to you, but god have mercy upon us all, for that none in any age did ever live (I think) so perfectly as you expound scriptures. Lawyer. I pray you let us examine that place of Ezechiel and turn the book to see what the words be: Ezechiell. 18 The soul that sinneth shall die, and his blood shallbe upon him. If a man be godly and do the thing that is equal and right, he eateth not upon the hills, he lifteth not his eyes up to the Idols of Israel, he defileth not his neighbour's wife, he meddleth with no menstruous woman, he grieveth no body, he giveth his debtor his pledge again, he taketh none other man's good by violence, he parteth his meat with the hungry, he clotheth the naked, he dareth nothing upon usury, he taketh nothing over. This is a righteous man, he shall surely live saith the lord god. If he now get a son that is a murderer, a shedder of blood. If he do one of these things (though he do not all) he eateth upon the hills, he defileth his neighbour's wife, he grieveth the poor and needy, he robbeth & spoileth, he giveth not the debtor his pledge again, he dareth upon usury, and taketh more over, shall this man live? he shall not live, saying he hath done all these abominations, he shall dye, and his blood shall be upon him. Now, if this man get a son also, that seeth all his father's sins which he hath done, and feareth, and doth not the like, namely he eateth not upon the mountains, he lifteth not his eyes up to the Idols of Israel, he defileth not his neighbour's wife, he vexeth no man, he keepeth no man's pledge, he neither spoileth nor robbeth any man, he dealeth his meat with the hungry, he clotheth the naked, he oppresseth not the poor, he receiveth no usury, nor any thing over, he keepeth my laws and walketh in my commandments: This man shall not dye in his father's sin, but shall live without fail. I do see here divers things, and by them I do judge, of this text twice rehearsed which is, he that lendeth freely, and taketh nothing over, he is a righteous man, he shall surely live. But he that dareth upon usury, and taketh any more over: shall this man live? he shall not live. I would any of us wear so well learned, as to understand the Hebrew. For I think this matter wear soon ended. The greatest clerks as Leo judas, Oecolampadius and others, do not turn this place into latin out of the Hebrew in such sort as we do expound it in English. For in steed of the old translation plus, which is more, they do translate super abundantiam, that is over abundance, or over excessive, which in deed is wicked and damnable to do. For than men are bitten, & oppressed, and not when any small trifle is taken over. The like that is said against usury, is said also in the same text twice of him that geenethe his debtor his pledge again. The same man is righteous, he shall surely live sayeth the lord. But he that giveth not the debtor his pledge again, shall that man live? Noe. he shall not live. Now I pray you sir, how will you expound this text? he that giveth, or giveth not the debtor his pawn again, shall every man lending upon a pawn to any one whatsoever he be, give his pawn again being not able to pay the debt? In good sooth, than men be more than mad, that will redeem their pawns, when Ezechiel willeth that every creditor shall deliver to every debtor his pawn again, or else he shall not live. Assuredly me thinketh this wear a strange exposition, yet ye may as lawfully expound this so, as the other against usurers. In both which texts to my simple understanding, I do think there is a special regard had to the poor, that like as I aught to deliver to the poor debtor his pawn again, who is not able to redeem it: So should I not take any thing over & above my principal upon my poor brother, lest I do oppress him, who perhaps is scant able to pay the principal, and therefore I should rather forgive him all charitably, when he is not able to pay me, then to take mine own and more too, and so oppress him. Ockerfoe. The words in Ezechiel are general. He that dareth upon usury, and taketh more over without any mention of the poor. Lawyer. So are the words of the pledge pawned, general. And yet I think you will not have all pledges restored. Ockerfoe. Yes, all pledges must be restored. Civilian. Then what assurance hath the creditor of his own by any pawn, when the debtor shallbe sure never to loose it, because it is commanded, that it shallbe restored: I do not understand this Divinity. Ockerfoe. He must restore the pawn upon payment of his money, or else he may keep it, except the poor man be sore decayed, and then for charity sake, he is bound to give him his pawn again. Lawyer. Every man is bound by all laws upon payment of the debt, to give back the pawn again, yea, they that never heard of god, will do that by a natural order. And therefore this precept as you understand it, is void and of no force, for as no man by law, can be suffered to keep back an other man's pawn, so I do think, none dareth or willbe so wicked, as upon receiving of his own again, to withhold another man's pledge. Marry whether men will give again a pledge pawned, & loose their principal, I doubt much of that, and I think no man will so do, or if any be so minded, no doubt that man is a very perfect man. Gromel gainer. I never denied any man his pawn, that paid me my money again. But by Saint Mary, he that broke day with me, was sure to loose his pawn forever. And that is reason as I take it, Civilian. Me thinketh you understand this text so straightly, as the Jews understood the first precept, who because they we are forbidden to make to themselves any graven Image, or any likeness of any thing, that was in heaven above or in earth beneath, or in the water under the earth, therefore to this day both they and the Turks also (who grossly likewise understand this precept) forbear to make by painting, carving, graving, or working any likeness of any thing created by nature either in their buildings, or in their Turkey carpets, or in stone, wood, metal, or coin, or in any thing else whatsoever. Whereas I trust you will not call it Idolatry amongst us Christians, if a man have his Image painted or graven in the likeness of a man, either in tiber, stone or brass: or if one have the Queens majesties portraiture coined in silver, or wrought in gold. And yet me thinketh that text maketh as much for jews & Turks, as this doth for you against all usurers, for they both are general and forbidden universally. Therefore as in the matter of Images, I should not make any Image to myself to attribute any divine & godly honour thereunto: So should I not in lending my money oppress my neighbour with excessive taking & in such sort, that he can not live by the bargain. And therefore in both these sayings, the offence is accidental, & not in the substance, that is, in the manner & usage, & not in that matter itself, as it is in other offences, namely in theft, murder, & fornication. And so should I not lend out my money, to the hurt & oppression of my neighbour, whereas otherwise I may lend forgayn with a safe conscience, when no hurt cometh thereof, but rather much good, as I may 'cause my picture to be made, without offence, when only pleasure is had thereby, & no honour given thereunto. Preacher. Nay surely, you are deceived, the offence is in the substance, you may not take over & above the principal, so much as a point, not not to gain a point, no more them to steal a point. In Images, aboration is forbidden only, & not the making of Images, as I have said before, & in lending, all overplus is prohibited, that is to say, whatsoever is taken more than the principal. And thus your similitude holdeth not, as I have well proved. Lawyer. Let that similitude hold as it may. What shall not a man take so much as a point? And shall that point be oppression or deadly sin? Now god for his mercy's sake, sand you better judgement, For surely, I cannot as yet, be of your mind. This is over great preciseness in my simple understanding. Yea, this is to bad, I will say no more of other your strait and curious dealings. Gromell gainer. well I say master Ockerfoe, I have yet a knack for you, & that is this, because you are so precise against lending, I will make hereafter a bill of bargain and sale, and never lend again, and yet gain by this means, making a proviso, that if the money be paid at time appointed, the sale to be voided, and where are you then? Ockerfoe. Lord god what a world is this, and what devices are used to mock god and his laws, but god is not mocked. These dealings surely, are the works of darkness, god be merciful unto us. And where I am charged with over much preciseness, I pray god others use not overmuch boldness, and take too much upon them. If I sought the glory or praise of men, I should not be the servant of god. I trust no good man is offended with me, say you my masters as it pleaseth you. And this will I say unto you. The best learned men of all ages, are directly against you. Civilian. With your patience, master preacher, although my profession be the law, yet do I sometime look upon the scripture, & see what they say, that have written there upon. And this will I say unto you, the best of this age, as Bucer, Brentius, calvin, and Beza, with others, are not against moderate usury, but do rather think it needful to be permitted, and say also, that temperate taking, according as it is rated by the civil law, is not against god, nor his laws: because it is not against charity. Ockerfoe. I do honour both calvin and Bucer, as the chosen vessels of god, and yet I am not bound to any opinion of theirs, otherwise than the scripture doth declare. Neither are these true, because they have so said, but because the truth of god, which was before them hath been so uttered. And I know, they did never directly allow of usury, but by circumstance forced to writ their minds, as they did, for very necessity. I know the old fathers have expounded usury, as I do understand it, & therefore have forbidden it utterly, and the catholic consent of christendom, hath agreed thereunto. Lawyer. If you will allow all things that the old fathers have agreed upon, and stand to the determination of the church, your doctrine that you teach, may soon be called in question, and perhaps utterly forbidden. Therefore you shall not do well, to use such arguments, and to stand upon universalities. Ockerfoe. In deed the word of god is my foundation, which doth expound itself plainly enough, to my understanding, and to the satisfaction of my conscience. And yet so long as universalities do agreed with god's truth, I may well allege such consents. And this I say for universalities, the very substance of all our doctrine, that we teach this day, hath the undoubted witness, not only of the scriptures of god, which are infallible, but also of the old catholic general counsels & learned fathers. And whosoever thinketh otherwise hath not read them. But now, whereas much talk hath passed, & every man hath said his mind, I pray you let me answer yet once again, and rejoin to every one of you, as you have given me just occasion. I have a great desire to win you all to Christ, and none of you can tell, how gods mighty spirit may work in me at length to speak, and in you to hear. For I hope we are all gathered together in his holy name, and none is here so wedded to his own will, but the same man is contented to captivate his senses, to gods most holy will, Neither cometh every one at the first call, but at such an hour as god hath appointed, either at cock crow, at none days, or in the evening. With that, they were all contented, and therefore thus he began his rejoinder, and last oration. ¶ The preachers, rejoinder, & last oration. CHrist, before he should suffer, having his disciples (as you read) about him, willed them, to love one an other, as he loved them. She wing that no man could utter a greater love, than to spend his life for them, which Christ did upon the cross, for the redemption of mankind. Now then, if Christ did so dearly love us, that he bestowed his own body, to be torn upon the cross for us, and requireth nothing more of us, but love, for love, first towards him, & then one of us to an other: What do we mean to be so unthankful, that neither we think of gods goodness towards us, nor yet have any remorse or pity of our poor brethren in Christ amongst us? Assuredly we ●e so live now for a great part of us, as though there were neither god, nor world to come. Such hardness of heart, so unmerciful dealing, such bribing, such oppression, such biting, and such wringing of our poor brethren, was never in any world, as I think. And what other thing is this, than wilfully to war with god, and utterly to defy his holy laws? to offend of set purpose against the holy ghost, and so to condemn our souls eternally? The word of god is true for ever. And these scriptures that I have alleged, are gods own words, which if you will not believe and follow, you shall all perish every one of you, and be dampened for ever. And as surely as god liveth, I say still unto you. No usurer shall enter into the kingdom of heaven, except he do repent unfeignedly, and call to god for grace. And like as he is a thief, that stealeth but one half penny, with a felonious intent, so is he an usurer, that by contract taketh but one half penny, over and above the principal, in respect of time, and both are deadly sinners before god. For lending must be free, without any thing taking over, by covenant made before hand, or else it is no lending, but an other kind of contract without name, never yet used, not nor possibly, as I take it, to be used by any law, being all together against reason, law, and nature. For no man can reasonably and dutifully make any writing, to have more than is his own in right to have. And what right hath any body to that which is an other man's? as all overplus is, being no part of the principal loan? Or what man can put that in writing, which is an other man's goods, for himself to recover, as his own proper lent goods? And yet these usurers, to benefit themselves, will be notorious liars, for they will say, yea and have it put down in writing also, that they lent a hundredth pounds, when in deed they never delivered above 80. li. or perhaps some small portion over. And here they show plainly, whose scholars they be, namely the very children of Satan, for he is a liar, & the author of lies. So that such, as will needs have gain for time, and forbearing present payment, be the gain never so little, do not only destroy altogether that loving, charitable and free trade of borrowing and lending, which ought to be amongst men, but also show themselves to be very liars, both in word and writing, putting that in their obligation, which they did never lend. And now, if a man would reason with them of the time, I pray you let us consider of it a little. He that borroweth, is Lord of the thing borrowed, immediately after that it is delivered unto him. And then, if this usurer will be paid for the delivering of his money in respect of time, he must be answered for so much time, while he is in delivering of the money, for immediately after the money is delivered, it is no more his, that did lend it, but straight ways it is his that hath borrowed it. And what reason is it, that a man shall pay usury, for half an hours forbearing of his money? Yea many times not half a quarter of an hour, although the payment be a hundredth pounds, if it were in sovereigns of one coin. And why should any man pay for nothing, some thing, as they do, that pay for the lone of money any thing over & above the principal? For, as master civilian hath well said, the use cannot be separated from the thing, and then he that hath the use of a thing, and so the property by virtue of borrowing, how can it be, that any man can ask any thing of him for nothing, seeing he is Lord of all, by virtue of his borrowing for the time? Again, by what law, or civil understanding, should any one have an other man's goods for nought, as they have that reap the fruit of an other man's labour and industry, for the only loan of money, which being once lente, is none of his, for the time that he did lend it, but his properly, that did borrow it, who must in reason have all the profit alone, if any can be got with that money, for the time he hath the use of it? thirdly, who did ever see coined silver, and current money grow, which must needs so do, if it should bring an overplus or increase again, for the very act of lending? A thing so much against nature, as nothing can be more repugnant or contrary. Then if we be reasonable men, let us live according to reason, and have an especial regard above all things, to god above, who seethe all our follies, and forbiddeth so expressly these merchants of time, and these sellers of sun and moon, as he forbiddeth nothing more, willing all men to deal freely in their lending, as he doth freely suffer the sun shining, the moon and stars to have their course, and the world to continued, with seasonable weather and tyme. But usurers commonly stand upon these points, that where charity is not broken, and that both parties do feel no harm, but rather gain, and where men do to others as they would have others do to them. Here cannot be (say they) any usury committed at all, these respects being had. I do answer that there is no charity, where private gain is chiefly sought, without any especial regard to the profit of my neighbour, which plainly appeareth in all them, that let out their money for usury. For wear they sure, that they should not reap any gain at all by their money, they would never help the necessity of their poor neighbour, although he were in never so great extremity. And what charity call you this, when a man chiefly seeketh his own avail? And although he take but little, yet his desire is forbidden, and therefore sinful. Again, be it that both the borrower, and the lender are gainers, shall the act of usury therefore be counted lawful? Now god forbidden, for howsoever they two do speed, the common weal assuredly smarteth, and plain dealing men that use no such trades, shall feel want hereby, when they have need to buy any thing for their own provision and maintenance of their family, for by these means, both wares, and all kind of victuals wax dear. And how can it be otherwise? For the man oftentimes that taketh money up by interest, paying after twelve or fifteen upon the hundred, or perhaps in the hundred, which is more, is an occupier himself, either a victualler, or artificer, or a merchant. Now how can he make up his money again at the years end, and live to thrive, except he will cell his wares after twenty in or upon the hundred to him that cometh to buy? And then do you not see very plainly, that the common weal smarteth, and every particular man of what estate or condition soever he be, is hereby grievously wronged and pinched? Now, if an idle gentleman do happen to pay this usury, his land in the end, by often using this trade, payeth for all, and he and his beg their bread at last. And is not then the common weal much worse, when a landed gentleman of an ancient house perhaps is eaten up by an usurer, and so his house decayed for ever, & his poor tenants racked and hailed with incumbes and fines upon the usurers first entrance, and possession taking of the land? But forsooth, the usurer will still reply and say, that he hath done to others, as he would have others do to him, if he himself had been in like case. Neither is it a small pleasure (as he saith) to save a man's land from forfeiture, so that he hath not offended either god or man, because he hath fulfilled the law of nature, by this his manner of doing. But god knoweth how thevishely this usurer speaketh in this behalf. For let him imagine, that he himself were very poor in deed, and driven by extremity to borrow money, for redeeming of land, or else to lose a good lordship, for a small portion of treasure: would he (think you) having such great need, rather pay usury for the lone of money to redeem his land, than to have it freely lent him? I am well assured, he would never do so. For who is he, that would not rather have it given him, than lent him? or who would not rather travail without a burden upon his back, then with a burden? or who would not have the sweet, and avoid the sour? or who would not receive an hundred pounds, to pay so much and no more at the years end, rather than to pay a hundredth and twenty pounds, for a hundredth pounds at the twelve months end, as they commonly do, either more or less? Then let us leave these dissembling speeches hereafter, and away on god's name with all gain taking for time, because it is both hurtful to a common weal, uncharitable to our neighbours, and also forbidden by god's word, as you have heard at large, unto whose sharp voice and severe commandment we ought to give good ear, and to be always obedient, even because he only hath said it, although there were none other matter in it. And let not the usurer say, that he saveth the gentleman's land, for it is he, and none other, that causeth him to make his land away almost for naught, who if he had not dealt, with such cutthroats, he had never been so great an unthrift, nor so wasteful in his expenses, nor so ready to mortgage his right of inheritance, which he shall never be able to redeem, being once fast lapte in the usurers bands. But the usurer will not be answered, for any thing that can be said against him, standing still in this opinion with himself, that he deserveth great thanks, because he doth forbear his money for a year or two, till the borrower be able to make better shift, for redeeming his land. Unto whom I do answer still, because he is so importune, that he doth no good to the borrower, but increaseth his harm, making him every day less and less able to pay his debts. In deed I must say, and cannot deny, but that the usurer forbeareth his money, sometimes for two or three years, but that is to his great gain, & to the borrowers bitter pain. For in the end, the usurer hath done no more than this, that he hath only respited the debtors certain undoing, for a year, two or three, and then, be he well assured, he shallbe undone, without all remedy. As the cat, that playeth with a mouse a while, to eat her up in the end: or like as if a prince should say to an offender, he is contented to pardon him life for a month, but at the months end, he will that he shall then dye assuredly, and live no longer. Even so the unmerciful usurer, will forbear for a year or two, to cut the borrowers throat at last, for when these two years are ones paste, he will not fail to do his feat. A gentle dish of favour, god knoweth, such as I am well assured, they would be loath to have the like themselves. Repent therefore, O ye usurers, for gods anger against sin, although it be slow, yet it is certain, and the slowness oftentimes is recompensed, with the heavy weight and greatness of pain when it comes. And if this be not true which I do say, touching gods anger against time sellers, then is the word of god, both false and untrue, which were horrible blasphemy to say. In which word of god, these straight prohibitions are enacted and made, threatening laws against all usury, that men should the rather use charity one to an other. But I think, there is none of you all, that denieth the scriptures, or thinketh them to be false, for so you shall deny god, and renounce utterly the knowledge of him. For by them he is known, as which do give testimony of him. And surely I do wonder, that the world should so much choke men, that they will so far forgeate god, as that they contemn his holy laws. For whereas in all other offences men are thought, through frailty to break the law, It seemeth, that in this matter of usury, they stand which god in it, that it is none offence at all, although the word of god be most plain against them. Senaeca de beneficijs. lib. 3. Seneca sayeth, Pudorem rei, tollit multitudo peccantium, & desinit esse loco peccati, common malefactum. Et alibi. Cessere publica iura peccatis, et caepit licitum esse, quod publicum est. The multitude of sinners, hath taken away the shame of sin, and common evil doing, is not taken for any private offence. And in an other place. Public laws have given place to common offences, and that is accounted for lawful, which is commonly used. Whereby it appeareth how needful it is for all men to enure themselves with the best things, least by evil custom, they have no sense in sin, but through error wallow in all wickedness. It is an old proverb, sit by the good, and by the good arise. And happy are they, that seek the company of the godly, & acquaint themselves with the word of god. And in this matter, what can be more plain than that which Christ saith in S. Luke. Lend one to an other, hoping for nothing over & above that you did lend: whereby not only all contracts and usuries upon lone, in respect of time are forbidden, but the very hope also to look for a good turn again, or any thing else over & above the principal is utterly barred and clean taken away. Neither is your exposition sound master Civilian in this behalf, that would have Christ's meaning to be, that men should never look for their principal again. For then Christ might have said, give freely, whereby is included a clear renouncing to ask back a gift given, whereas in lending, it was never so ment in common reason, that a man should never hope to have his own again. Neither will men lose their principal, except some great matter move them, as th'extreme poverty of the party, or some other like thing. For although goods lent be not his that did lend them for the time they were borrowed, yet when the day of the return cometh, for repayment: he may with good conscience, ask his own again. And therefore such gloss are vain, and to no purpose, and yet be it that your exposition were true, thus than I reason. If god requireth such perfection in man, not to ask his principal again, when he hath once lent it out of his hands: much more than doth god forbid all manner of overplus in taking for lone more than the very principal. So that expound this text as you will, it is rather against you, then with you, and requireth in all constructyons a free lending. Again, in Ezechiel among other things, god sayeth there, as you have heard before, he that hath not lent for usury, and hath not taken any thing over and above, that he did lend, the same person is a just man, he shall live the life sayeth the lord. Whereas on the contrary part it is said in the same chapter. He that doth let out his money or goods for usury and taketh more, or an overplus, shall than man live sayeth the lord? No, he shall not live, but shall dye the death, and his blood shall be upon him, whereby it appeareth that any thing taken over, is damnable aswell as excess. Yea, any thing above the principal is excess, because it is an injury or wrong done to an other man, by usurying his goods, & so a deadly sin. Neither did those translators Leo, judas, Oecolampadius, & others understand this text otherwise then I have said, although you master Civilian, do not so take them, who in their other writings, did utterly condemn all manner of usury. And Luther (amongst others) is so vehement against all usury whatsoever, as he was never more vehement against the Pope himself, & all his sergeant holiness. And let not this imagination hinder you, to think as many do, that no usury is committed but upon the poor, because the scripture sayeth, thou shalt not put out thy money to thy poor brother for usury. For it is also said in Deuteronomie. Exod. 22 Thou shalt not lend money to thy brother for usury, Deuterono. 23 without addition of any poverty at all, so that all lending to any Christian be he never so rich, is utterly forbidden, except a brother simply be no Christian in verity. Then seeing the scripture is so plain, & so understood by the ancient fathers, and by many good men of this time, what mean you to seek such out leaps of liberty, by wresting of god's word, to your wilful lust & sensual pleasure? Those other learned men whom you named Caluin & Bucer, did somewhat enlarge this law by a charitable exposition, for the hardness of men's hearts voided from mercy, and also for very necessity sake, to help the needy banished men then dwelling amongst them, not but that they would have all men lend freely, as god hath commanded. And yet what warranty have they for so expounding the scriptures of god? But go we on. The lord god saith in his x. commandements. Thou shalt not covet thy neighbours goods, his ox, his ass, or any thing else that is thy neighbours. And what other thing I pray you, do these usurers that take overplus, but covet their neighbours goods? for theirs it is not, because they did lend it, and more than they did lend, they should not have in right, so that they break the law Non concupisces, thou shalt not covet. Now lord in heaven. Who hearing these speeches, & having the fear of god before his eyes, will of set purpose & wilful madness become an usurer? For as I can perceive, the greatest harm in this of fence, is that men have not the sense or feeling of this heinous fault, with in their hearts, but think they may lend their money & goods for gain, without committing sin, or offending god at all, whereas of other sins they are ashamed, although through frailty they do offend. For no man durst ever stand in that defence of theft, advowterie, or murder, and yet usury is as great and as horrible before god, as any of them all, according to the opinion of all good and learned men in all ages. yea, so horrible is this sin, that amongst all other sins, it maketh men to forget god, or rather to think there is no god. Mars●lius ficinus in his book de Christiana religione, the xi chapter sayeth thus. Soli faeneratores avaritiae mancipati, de divinis rectè sentire non possunt. Only usurers amongst all others (saith he) being bond slaves to covetousness cannot think well of heavenly things of god: & the reason is, for that they are worldly, & makes the world their god. And truly as a christian, is no Ethnik, paynim, nor Jew, so is he no usurer, & this will I boldly say, that Turks, Tartarians, & ethnics in deed are pure Angels in comparison of these worldly usurers, & less harm do they to christians, than usurers do, and are less cruel or unmerciful. For the Painim sometimes showeth mercy, but the usurer never showeth mercy at all, but would be lord of that whole world himself alone, if he might. So that Cerberus in hell, & all those monsters that Hercules subdued, are inferiors in evil to these wicked usurers upon earth. And therefore as Lucifer for pride fell down from heaven: so usurers for covetousness will fall down from earth, to the dark dungeon of hell. And mark this ever whatsoever he be that is a great usurer, is of a vile & base nature, & nothing of value in him: one sayeth, that usury upon usury, is villain usury, & no doubt they are no better than vileins or slaves, whosoever they be that are great usurers, let them set never so good a countenance upon the matter. All this notwithstanding, these wise worldly rich men (to cloak their sin) and to bear out the matter, as though their doings were lawful) do devise policies against god, and seeking to mitigate offences, teach god what he hath to do. So were the stews devised as a common sink to scour cities, and maynetained as tolerable, to avoid farther evil, being never punished in other countries, and much marveled by strangers resorting hither, that simple fornication is so severely punished here in England. But such devices are wicked policies & fetches directly against all godliness. For Saint Paul saith, Paulus ad Ephes. 5. ad Hebr. cap. 12 that no fornicator, no whoremonger, or unclean person, shall inherit the kingdom of heaven. And as it is said for whoremongers, so saith the holy prophet king David, Psal. 15 that no usurer, who taketh overplus for his money, or goods, for the very loan thereof: shall enter into the kingdom of heaven. To give alms, and to lend freely, are the fruits of charity, and two especial precepts of god, and plain tokens to know a faithful christian from an infidel. But he that will do neither of these two things, as god hath commanded, can never be thought a good christian. For they that are of god, do those things both gladly and faithfully, which god hath commanded them to do. For as love is commanded, so is love & gift, which is the fruit of love, commanded likewise. Then what shall I say to those men of the world, that handle gods doings, so as they make no sin to seem where great & horrible sin is: seeking by turns and twines of texts to cloak & excuse sin. I speak to you master temporal Lawyer, who for that you seem learned, do seek to infect the corrupt natures of others, as amongst more, this worshipful merchant here, & divers beside, rocking them a sleep, with the cradle they best like. I think if you would put into some of their heads, that custom and tribute were not due to the prince, there be that would give ear unto you: for all the world is given to hearken after their own profit. And bad is that counsel which they will refuse to follow, when gain may rise thereof, without danger or hazard of temporal law to punish them, let gods law be never so strong against them. And you, master Civilian, although you have said much and very well, but especially out of the Canon law: Yet I doubt of your constant abiding, in the very practice and true the of this cause, that is to say, simply to give your ear to god's word, if the matter should be determined by your judgement. For I fear me, you will bear with gloss, and wink at these worldly and politic devices, which are inventions of the devil to destroy man, & to bring him to everlasting damnation. And yet god forbid, that any man should seem to make himself wiser than the holy ghost, in abusing or counterfeiting his word. You did allege certain learned Lawyers of this time, and with them, some godly divines, that thinks it were good to have some toleration to avoid farther mischief, and to bridle the great greediness of certain covetous wretches, as that which you account to rise of a good mind & zeal. Well, I wylnot stand upon their meanings, but I am sure the same is not grounded upon god's word, for intentes imagined without gods warrant: are deeds accursed, although in appearance they seem most godly. For god sayeth. Hoc tantum facies, duty ro. 12. Thou shalt not do that which is good in thine own eyes, but do thou that only which I command thee. Upon this place Saint John Chrisostome in his oration against the Jew's, saith thus in English. Of a truth that which is done according to the will of god, although it seem to be wicked: yet it is altogether pleasant & acceptable before god. contrariwise, whatsoever is done besides the word of god, and otherwise then he will have it done, though it be esteemed as a thing acceptable to god, yet it is of all others the worst, and most wicked. We have a notable example against good intentes in the first book of the kings, Reg. 1. cap. 15 and fifteen Chapter, to warn all men not to deal upon any devotion or good intent whatsoever more or less in god's cause, than they are expressly commanded to do. For Samuel the prophet was sent to king Saul, as messenger from god, who said in this manner. Thus saith the lord of hosts. I have called that to thy remembrance which Amelech did to Israel, how they lay in wait for them, in the way as they came out of Egypte. Now therefore go and smite the Amelechites, and destroy ye all that pertaineth to them, and see you have no compassion on them: but slay both man and woman, infant and suckling, ox & sheep, camel and ass. Now when Saul had this commandment, he set forth with .200000. footmen, and .20000. men of juda. But he did not fulfil the lords commandment. For after he had slain the Amelechites, he took Agag their king alive, and left of the sheep and of the oxen, and fat things, & the lambs, and all that was good and would not destroy them. Whereupon the word of the lord came unto Samuel saying. It repenteth me, that I have made Saul king, for he is turned from me, & hath not performed my commandments, so that he lost his kingdom by this means, for that he of a good intent, spared the king, and saved the fat oxen & sheep, to offer sacrifice unto the lord, unto whom Samuel said. Hath the lord as great pleasure in burnt sacrifices & offerings, as he hath, that thou shouldest obey his voice? Behold, to obey is better than offering, and to give heed, is better than the fat of Rambes, for to be rebellious is as the sin of witchcraft, and disobedience is wickedness and idolatry. Because therefore thou haste cast away the word of the lord, therefore hath the lord cast away thee also, from being king. Thus you see men must not fancy to themselves a certain manner of dealing for respect or pity, or to mitigate offences, & so to despice gods commandment with their devised Imagynations, but rather to do neither more nor less, then that only which god hath commanded to be done. And therefore in your judgements and sentences of law, I pray you master Civilian, have god and his word always before your eyes, that you lawyers, may say and do the truth according to his word. And you master merchant unto whom god hath lent great treasure of this world (for I tell you, you are but his steward) call to god that he will lend you grace in the midst of your wealth to learn & know him aright: let not wealth choke your judgement and cloy your understanding. Beware how you cloak with god, do not under colour of bargain & sale, practise usury as most men do. There be plain ways for men to take, which are and hath been ever allowed. And this I say, he that liveth in his vocation truly and justly, is an honest man. That Grocer who selleth wholesome wares with good conscience, is to be well esteemed. The Draper that dealeth lawfully, deserveth credit. The true Tailor, is an honest man in his calling. The Goldesmith, the Mercer, and the Haberdasher are all to be well liked, & so all others of any occupation, that live justly in their trade. A merchant of whatsoever calling he is, is to be accounted for honest, if he live with good fame & name, by his lawful trafik, or occupation. But I pray you, of what occupation is goodman usurer, or who would gladly be called one of the usurers occupation? Or of what company or several haul or elsewhere, are they in London. God grant all merchants to be otherwise occupied, & every one to follow his lawful vocation, rather than to trade by this lewd craft or kind of living. Some learned fathers, yea, & some great philosophers also, thinks it a thing almost impossible, for a great rich merchant, that is a mighty occupier to be a good christian. But I am not altogether of that mind, especially if the merchants that are great occupiers do live in any fere of god. Chrisostomns Plato de legibus. For I think there be of merchants, as there be of other sorts, & surely all such as deal lawfully in their allowed trades, as I have said, are honest, just, upright, & worshipful, & not inferiors to other men of any calling. True it is, were are all sinners more and less, and therefore every one of us had need to call to god for mercy. And assured we are that god being the searcher of our hearts, will take an account of all our doings. We have but a time and a course to run, let us take that right way for our race, which god hath made plain and open for us by his word and testament. Let us be chartable, loving, and liberal one to an other, and ready always to give some portion of that bountifulness, which god daily and infinitely of his free mercy poureth upon us. And as reasonable men let us consider, that righteousness establisheth kingdoms, and charitable dealings maintaineth states: whereas usury the daughter of covetousness, the mother of mischief, and the very hell of evil, overthroweth trades, decayeth merchandizes, undoth tillage, destroyeth crafts men, defaceth chivalries, beateth down nobility, bringeth dearth and famine, hindereth the prince in her custom & welfare, & last of all, causeth destruction & confusion universally. For if the merchant may be allowed to make gain of his money, he will rather use that certain and assured way, that dangerously adventure the seas, and so the Queen shall loose her gain and right of inheritance, and the state shallbe undone. The plough man will no more turn up the ground for uncertain gain, when he may make an assured profit of his money, that lieth by him. The artificer will leave his working. The clothier will cease his making of clotheses, because these trades are painful and chargeable: yea all men will give themselves wholly to live an idle life by there money, if they have any. And although all can not have money, yet if all those that have money will live by the loan thereof, all will be marred in the end. And amongst others, the gentleman will no more profess arms nor chivalry, to advance his welfare, but selling his lands will have double gain by his money, and so give over howsekepinge all together, taking a chamber in London or else where in stead of a house in his own country, as we see they do now commonly, the more is the pity, and the greater is their shame, yea the noble man will no more defend the widow & fatherless, nor yet do judgement and justice, but live by his filthy gain, and loose thereby his dignity and estimation, as all those that do live by corrupt usury, for none in right should be a knight, that is a known usurer, Bar. in l. i C. de digni. tex. in l. quoties. de dignit. lib. 12. l duo Mar. C. de quest. & such a hurt to his country. And thus by these usurers great dearth will ensue of all things, as you see, and misery will fall upon us universally, for that few men will work, and most will play, and men living without labour and doing nothing, will loiter and wallow in the ease of usury, and enrich themselves by this most vile assured trade of the Epicures occupation. And what good I pray you will money do then, when we have neither meat to eat, nor cloth wherewith to cover us, nor house to shroud us in, nor man to defend us in our right. For not so much as the butcher, the baker, or the tailor on gods name, or any other whatsoever, having never so little money, but they will all togethers be usurers, as many already are, if this might be suffered. And what should let, why they should not all be usurers, aswell as others, if the same may once be liked or held for lawful. For a surer and easier, and a more gainful trade cannot be upon earth, then to get money, with the lone of money only. And who doth not love ease and gain, if they may be had both together? So that I say, if this gear take place universally, as why may it not? then may the worthiest men say, farewell world, yea farewell life for ever may all men say in general. The trademade to that Indians, doth not so much benefit the Spaniards, as usury hath done them harm, for they trading with the Genoese, and others to pay so much usury as they do for wares upon their return from the indians, do loose all their gain that they make in the voyage, and wax beggars at the last, with all their travail, & pains they take: as who should say, they labour for the use of others, that do nothing themselves but loiter, and with ease make money of money. An alchemy found out by the devil, to destroy all trade in the world when none have any thing but themselves. But their reward in the end shallbe death everlasting, except they do amend. It is written in Solinus, de mirabilibus mundi, that in the island Sardinia, there is a well, whereof if a true man do drink, his eye sight strait way waxeth clear, but if a false harlot do but sup of it, he waxeth stark blind out of hand, although he did see never so well before. Now happy were England, if all the conduits in London did run with such water. And yet what did I say, I would think London then, and England also would be most unhappy. For if it were so, we should have so many blind men in the City and country, that there would scant be found guides sufficient to lead them in the streets, and high ways, when they should seek to go abroad. The moral of this saying is, that good men have the grace of god, and see him in his glory, whereas evil men are stark staring blind, through their folly and wickedness. And of this sort are there many companies blind in this land, as the clergy with simony, merchants with usury, judges with bribery, great men with extortion, and the common sort with micherie. God be merciful unto us, and send us of his grace. But sayeth the covetous man, seeing you go hard to work with us, and will not suffer us to make any gain at all of our money, but restrain us utterly from advansing our welfare, we will not lend at all hereafter, because we will not offend. Evil said of you, say I, when god commandeth the contrary, and by your words you bewray what you are, men graceless no doubt, without affection or charity, and people void of all love. Saint Paul sayeth, unthankful, hard hearted and unmerciful, and so the children of perdition. If you would have said, you would not lend to all them that would borrow of you, I would have holden well with that saying. For I promise' you, it is an offence to lend to some, and a maintenance of their folly. And therefore, they do well, that are not over hasty, or rather over greedy to lend without great cause and good consideration had before. For indeed men should rather lend to help others, then seek greedily to enrich themselves, because it is properly the nature of lending, (being a certain kind of almese) to help the necessity of our neighbours, with part of our plenty, as occasion doth serve. Whereas lending for gain without good cause had of an others need: maketh wanton princes to seek needless war, noble men riotous to spend without reason, young gentlemen unthrifty to bring all to naught, after they are newly come to their lands, & so to take the very high way to undo themselves for ever: as every day if doth appear, not only in gentlemen, but in some great states and Lords of this land, the more is the pity. And surely, he is far from thrift, whatsoever he be, that borroweth upon usury without great cause, and rather would he seem to be that which he is not, than to be in deed and in outward show, that which he is. And no doubt, wantonness brought in this folly at the first, that men with their masking manners and great braveries, should seem for a time to be jolly fellows, where as at length they discover themselves, & are become worse than naught. And therefore they do evil, that make a certain gain of lending, to the undoing of others, whereas lending should be for charity sake, and not to maintain the outrageous excess and foolish riot of many adevise used more here in England, than in any place else, that I know in Christendom. For if money might not so soon be had of those covetous usurers most men would live within their bounds, and leave their wanton apparel, their unnecessary feasting, their fond gamning, and their lewd hazarding of great wealth and revenues without all wit, upon a main chance at dice, or upon a card or two at primero, and other vain devilish games. For so these unthrifts may have money to serve their lusts, & to hazard their chance, they care not what to pay. And thus they being over laden with a main loss, and most certain debt to the usurer before hand, do set upon blind fortune afterwards all that they have, and are undone before they are a ware, only by the usurers dealings, although they be no great losers, neither at dice, nor yet at cards. But you will say, and prove it to, that many have been made with paiing usury, getting great wealth into their hands, and at the least have saved themselves from imprisonment, & utter undoing. Unto this I do answer, as he that came into a church, & saw it full of Images made of wax, asked the cause of such a sight. Unto whom one answered, that these people, whom these waxed images did represent, were saved from drowning, by calling upon our lady: Nay then (quoth he again) where be the images of those I pray you, that called upon our lady, and were drowned notwithstanding And so say I, if some one man have got good by usury, and hath been made thereby, how many thousands have had mischief, & been utterly undone by usury. Well, well, say you still, & reply as you please, if the world go so with us that lending for gain must clearly be restrained, and that upon pain of death, as we would have it: farewell then all hope to borrow any money hereafter. Unto this I answer, and I think clean contrary, especially if men will conform themselves to the law of nature, and live as they aught to do uprightly in their vocation, and remember there is a god. For than plenty will follow, and good cheap will be of all things, when every man liveth uprightelye in his calling & profession as god hath appointed, and forsake these unlawful shifts, and so charity will abound, and no man can want, that being honest hath any need, say you what you wil Marry unthrifts, and suspected men, may perhaps fail by these means, and be driven to trust to their own, when none will lend unto them. And surely I would wish that lending were chiefly to the needy & thrifty parson that will truly get his living with the sweat of his brows, & pay that again faithfully, which he hath once borrowed. But to say you will not lend to any body at all, because you cannot be suffered to make gain of your money, and so to do as much as in you lieth to destroy occupying: that I say, is an unmerciful saying, and directly against god. And yet say what you will, if the laws of god in this behalf were straightelye executed against usury, there would be for all this lending enough, such lending I mean as is needful, and in charity ought to be used. Yea, I will say more, rather than men will suffer their wares to lie dead by them, and their goods not to bring forth any increase at all: they will hazard their wealth into cheapmens' hands, and young occupiers, and be contented, aswell to adventure the loss or peril of their ware, as to assure themselves of current gain, and certain profit. And so doing they may boldly put forth their substance for others to occupy, upon such charitable dealing. And although few perhaps will trade in this sort, that is aswell to hazard loss, as to assure themselves of gain: yet the world willbe the better, wares will wax more cheap, dealings willbe more upright, and lesser men will break, when such christian charity is commonly used, both in moderate taking of gain, upon charitable forbearing for a time, till men may make money, and friendly bearing with losses, when any such do happen. And amongst honest and godly men, I know there will never be want of charity. And happy were England, if all men were honest, for then laws were needless, and such evil as this had, never need to be feared: as for evil men, it were good to rid the world of them, if it were possible, and to devise by laws that none should live, much less come to wealth by such unlawful ways, for that they only and none others, are the cause of all dearth and want in this world. Thus when every man lived uprightly within his bounds and calling, using such trade as he ought to do, plenty would soon appear in all places, and god would bless the world also with increase much. And do not think that you are to be excused, when you do lend to the rich, where it may seem you have not oppressed, and so not deal with the poor, for fear he should be oppressed, for I tell you, you should lend to all that have need, of what estate condition or living soever they be, poor or rich. And fond is this argument that you have often used, of which many do take fast hold. It is not lawful to take usury of the poor, therefore a man may take usury of the rich, for by the like reason one may this argue: It is not lawful to vex a poor man by law, therefore it is lawful to vex or to trouble a rich man by law. None, either rich or poor, young or old, low or buy, should be troubled or vexed at all, or by any manner of means. Regard always must be had to the common weal, that no harm do come thereunto, by any unlawful dealings, and not whether this man, or that man be wronged or no. For so it may fall out that your neighbour unto whom you have lent money for gain, feeleth no harm thereby, and yet assure yourself, the common weal smarteth by such unlawful dealings, as I have often heretofore said. And therefore the civilians sayeth, Interest reipub. ut quisque resua rectè hoc est, honestè & legitimè utatur. It is for the behove of the common weal, that every man do use his own things rightfully, that is (as I take it) honestly and lawfully. And this is that aequum & bonum, that even hood, and right balance dealing, so much commended by all laws, this is, I say, that christian charity, which seeketh nothing of her own, but those things that are of jesus Christ. And is it so strange a thing for men to borrow freely in this world? I am not very old, and yet I have known many in my days, that have borrowed freely great masses of money of diverse men, and some again that have borrowed small sums freely of a great sort, for no penny usury at all? Good men can no more be without charity, than fire can be without heat. And therefore, let us pray, that good men chiefly may enjoy the fruits of the earth, yea let us all that be bad, consider this one thing with ourselves, that naught we brought with us into this world, and nought we shall carry out again, and when we have food and raiment, let us therewith be content, as Saint Paul saith to his disciple Timothee. 1. Timoth. 6. Enough (as they say) is as good as a feast, and what should we do with more? A little with quietness, is better than a great deal with trouble. Yea happy is that man, whose conscience doth not condemn himself for evil gotten goods, evil gotten I may well say, when they bring death and damnation with them. Alas do we not see every day how uncertain this life is? how suddenly men go away, and that no man hath any charter to tarry here one hour, but as soon goeth the rich as the poor, the lord as the plougheman, the merchant as the crafts man, the wise man as the simple. And besides this, what a conscience hath he (lord god) who wittingly and willingly hath been the undoing of many an honest poor man, of many ancient gentlemen also, yea, and shall I say of some great lords of noble houses, through his unmerciful usury? Doth he think after his wrong gotten goods, to blear god with an unworshipful gluttonous table, with building of a few almese houses, with giving to his ward after his decease a little sum of money? Nay, he is deceived, that so thinketh. These are abominable offerings in the sight of god, that are offered of such gain, let him give on god's name his own goods lawfully gotten, and not deal almese of that which is none of his. His own conscience will tell him an other tale, when the same shall search him, and accuse him before the majesty of god, and then will he tremble and quake, call for grace, and can not be heard, weep & wail, when none will pity him, and so live in hell, and never dye, continuing still in such pains and formentes, as pass men's speech to utter, and more grievous, than any man's heart can imagine or thought conceive. Wherefore considering god, nature, reason, all scripture, all law, all authors, all doctors, yea all counsels beside, are utterly against usury: if you love god, & his kingdom my masters, if your natural country be dear unto you, if you think to have merry days in this world, and to live in joy, you and your children after you, both now and ever, yea, if you have care of your own souls: for Christ's sake abhor this ugly usury, and loath with all your hearts, this cursed limb of the devil, and lend in deed freely, as god hath commanded you: and depart with your goods or wares, as freely for time, as you would bargain to be paid for them out of hand, or at sight, or for ready money, having always a charitable intention with you to help your poor neighbours, with part of your plenty, and make no merchandizes hereafter, by the Sun shining, and Moon shining, by years, by months, by days, and by hours, least god take his light from you, and shorten all your days, and all your hours. And as you lend freely as occasion serveth to all men, of what estate or condition soever they be: So give to the miserable folk willingly, and help the poor householder frankly. And then shall god bless you and all yours, and give you the peace of conscience, which passeth all treasure, and make you inheritors of his kingdom, after this transitory life. Now god for his mercies sake open all your eyes, and give you the right understanding of this his will, for his dear sons sake Jesus Christ our lord and saviour. Amen. Civilian. I have long studied the Roman laws, and I thank god my understanding is somewhat increased by them. But would god I had more earnestly studied the very text of the old and new testament, whereby not only I should the rather have gathered most true knowledge: but also I should have been more mortified, by a great deal than I am. It is unspeakable, what good they do reap, to their soul's health, that do daily and hourly, meditate the very letter and text of the scriptures. And I thank you most heartily master Preacher, for your good zeal and earnest care, to sift out the truth of this matter, which I do think, & am fully persuaded, that you have found out according to gods most holy william. And I pray god most heartily, that I may be a true follower, of all that you have said, and never consent in heart to lend money for gain, nor yet to allow of them that are known usurers. I do know certainly, that to lend freely is a natural contract commanded by god, and allowed by man, and therefore to be done and used of all men: but to lend for gain is a suspected kind of dealing, and therefore to be blamed whatsoever colour I do set upon it. And the wise man sayeth, Quae dubitas ne feceris, never do that, whereof thou dost stand in doubt. And therefore by the leave of god, I will never deal otherwise hereafter, then plainly and truly, as god's word & my conscience shall direct me, assuredly minding to lend for gramercy always hereafter to the poor and needy, or to any one that shall desire to borrow of me, if I be able to lend, and may forbear my money or goods without any my great hindrance. The Civil law, is a wise study, & full of policy, which I have ever well liked because of the natural & good reasons that it carrieth in show. But I must say now, that the wisdom of man, is foolishness before god, and vain are all those speeches, that are used to blanch gods grounded rules, being the only undoubted truths chief to be followed of all godly & Christian people. And for my part I am glad that god hath touched me thus much to renounce man's reason, and to follow his most holy will, which I will hereafter embrace, by his especial favour and mercy, and prefer the truth of his word, before all other learning whatsoever, and confess in heart, that all lending of money or wares for any gain, whatsoever in respect of time, is a thing abominable and a damnable deed before god and man. Lawyer. It is evil striving against a known truth. And woe be to him that doth any thing against his conscience. I have heard much, and somewhat I know, and although natural reason and man's policy, have carried me out of the way, yet I thank god my conscience did never accuse me. For I thought assuredly, that whatsoever I did in this behalf, so that charity had been kept, and no harm in appearance committed, nor offence notoriously known: that all than had been well. But I do see it is clean contrary, and I confess myself to have erred, for which I am sorry. And now I perceive that man must not seek to seem wiser than god, nor yet devise doings for his own excuse, according as his fond brain might imagine. For I do now plainly find, that even the very sufferance of usury, although it were for a mean rate: is not only forbidden by god, which is chiefly to be noted, but also hurtful to a state, and cause of much dearth & scarcity, which is pitiful to be seen. Therefore I do wish, that we might all live as god hath commanded us, and not fancy unto ourselves, such a kind of dealing and living as god & nature have always forbidden. Our law is plain enough against this sin, if we were as good executioners thereof as the law giveth authority. But our country disposition is rather to make laws, then to keep laws, yea rather the law is used to enrich lawyers, then to execute the justice of law. Holy king Edward as they call him, he that was before William Conqueror, among other his good laws, did in the .37. la that he made utterly forbid usurers, and would not that any such should tarry within this Realm. And if any wear convicted to have exacted usury, he should lose all his goods, and after that be esteemed as an outlaw. The said king Edward did further say, that he did here it reported in the court of France, when he was there, that usury was thought to be the root of all other sin & mischief whatsoever. After this, in Henry the seconds time, I do remember what Glanuill chief. Glanuil. lib. 7 Cap. 16. justice of England in those days writeth, which I think not amiss to make known for our amendment. In the seventh book where he speaketh of inheritances, of last wills and testaments, he sayeth amongst other things, in the sixteeneth chapter of that book, that all the goods of an usurer, whether he die making a will, or not making a will, are proper to the king. And yet no man so long as he liveth was ever wont to be appealed or convicted of usury. But amongst other inquiries for the king, it is used to be inquired upon, and proved by twelve law full men that devil nigh him, upon their oaths, that a certain man died an usurer, which thing being proved in open court, all the movable goods and chatelles that wear the usurers own, at the time of his decease, shall be seized for our sovereign lord the king, in whose hands soever the said goods or chatelles shall be found, and the heir of the same usurer shall be dysherited for that self same cause, according to the law of the Realm, & the land shall return to the lord or lords again, from whence it came. All which notwithstanding, it is yet thus to be understood, if any man hath been an usurer in his life time, and thereof was openly and notoryouslye fame's so to be: and after repented himself before his death, and did penance therefore, which can not be without restitution, his goods shall not be within compass of the law against usurers. And therefore it must be well known by good and sufficient trial, that one died as an usurer, to make the law determine upon him, as against an usurer, & to dispose of his goods, as upon the goods of an usurer. Thus far Glanduil in that place, who in his x. book & third chapter, showeth plainly what usury is, and thus he sayeth. Things are due upon lending, when any man doth trust an other, in those things that do consist upon number, weight, and measure. Therefore when a man hath lent any such thing, if he that hath so lent it, doth take any thing over and above his loan, he committeth usury in so doing. And if he departed this world so offending, he shallbe condemned as an usurer, by the law of that land, as before more at large hath been declared. According unto this law, Mathewe Paris, maketh report in the life of king Rycharde the first, by these words. Quicquid laici in vita sua donaverint, vel quocumque titulo a se alienaverint, etsi usurarij fuisse dicuntur, post mortem non revocabitur. Quae verò post mortem non alienata fuerint, si cognitum fuerit ipsos tempore mortis fuisse usurarios, confiscabuntur. That is to say. Whatsoever lay men have made away in their life time, by gift, or alienated from them by any title, although they were known in their life time to be usurers, yet the same shall not be revoked after their death. But whatsoever things are not made away after their death, if it were known that they at the time of their death were usurers, the same things shallbe confiscated. The statute law also, in the fifteen year of king Edward the third, doth make this matter plain, where it is accorded and assented: that the king and his heirs shall have the cognisance of the usurers dead. And that the Ordinaries of holy church have the conisaunce of usurers on live, as to them appertaineth, to make compulsion by that censures of holy church, but the statut of 37. of king Henry the .8. hath taken away the force of this law. And yet whether the common law was or is taken away hereby or not, I do refer that to my master's the Lawyers. Nay it is plain, that our law was ever against usury, as in Marton ca 5. it is most evident, Vsurae non currant etc. And touching thexchange, An. 9 Ed. 3. 25. Ed. 3. you have said well in my judgement. And thus much I know by the statutes of this land, that king Edward the third, caused thexchange to be kept at Dover, and in other places, where it best pleased his grace, as in good towns & thorough fares through out England, declaring the value of all coin, and straightly charging all his subjects, A. 14. Ric. 2. that none so hardy as to make gain, An. 3. Hen. 7. of coined money, save only the king's exchangers, so that usury by that means was utterly banished from among that common people. But how the king's exchangers used the matter, I know not. This I know well, the fewer that use thexchange in manner as it is now used amongst merchants, the better it is for the state & common profit of this land. But I for greedy desire of profit, have forgot all these things, and seeing how loath men are to lend, thought it better even against god's law & our law also, according to the common maxim, to suffer rather a mischief, than an inconvenience. But I see now that such propositions are wicked and damnable, Roman. 3. for no evil must be either done, or suffered to be done, that good may come thereof, as you master Preacher have very godly said unto us, out of gods most holy word. I do read that in the .47. year of king Henrye the third, a riot was committed against the Jews, and five hundred of them slain, & thoccasion of this riot was, for that one Jew would have forced a Christian man to have given unto him more than two pence for the usury of twenty shillings by the week. For the Jew's had licence from the king to take two pence in the pound, for the weeks lending, which is forty pound and more by the year upon the hundred, a devilish usury no doubt, and worthy of all death, without all peradventure. And great pity that any prince should ever yield to suffer any such spoil or theft amongst good subjects. These jews are gone. Would god the Christyans remaining, and our country men at this time did not use their fashions. I for my part willbe from henceforth a most deadly enemy against all usurers, and willingly I will not eat nor yet drink with any of them. And I pray you master Merchant, if heretofore you have taken any enboldening to commit usury through any qualification that I have used, contrary to law which I profess, and against my conscience: do you from henceforth amend it, and amend yourself by my warning, and bear not yourself upon me, nor yet upon the law that I profess. For both I will discharge myself before god, and this good company of any such maintenance and declare unto you, that not only the law which I profess, is against it, but also my conscience condemneth me of such tolleratinge. For the which I am right heartily sorry, and do now constantly affirm that all lending for gain in respect of time, is both against god's law, and our law, and is a mischief most hurtful to all states, and the principal cause of all want and scarcity in any common weal, wheresoever it hath once got a footing and is either allowed or suffered. And for your good cheer, I thank you most heartily. And now will I say, this is the best dinner that ever I came at in all my life. And I pray god it may be so unto you master merchant, that are the chief of this feast, and have been after a sort the cause of this disputation. The Merchant or Gromell gainer. I have heard you say master Preacher, and I have heard it also of others, that god in the scriptures affirmeth it to be an easier matter, for a Camel to go through the eye of a needle, them for a rich man to enter into the kingdom of heaven. Surely I believe it to be true, except god's goodness be the greater, for we merchants are marvelously given to get goods without conscience & without all god's forboade. And this world is a great temptation, for man to advance his welfare, and hardly can one avoid, the sweet enticements thereof. For what is he now a days that is of any estimation, if he want wealth? who maketh any account of him, be he never so learned, never so virtuous, or never so worthy, that hath not the goods of this world? Yea, what maketh us merchants to bear authority, & to be taken with the best, but our goods that lie by us to serve our own turns with all, and other men's also, as we list and think meet? But fie of this world, in respect of the world to come. And I thank you master Preacher, for such your heavenly doctrine. For I promise you I am now become through the same (as I trust) a new man praised be god, and you therefore. And now I do asmuch abhor to lend money for gain hereafter, as I do abhor to steal by the high way, or to murder any man violently for his goods, which god forbid that ever I should think or mind to do. And you master Lawyers both of you, have well put me in remembrance that my goods are not mine to bestow, after my death, if I should die an usurer. Lord god, if the prince would take advantage of all such as have offended in this behalf▪ many should beg, that how are brave. And yet mark gods judgement. You shall hardly see an usurers issue prospero well, but either the party comes to an evil end, or the goods are lewdly wasted away. Mercy, mercy, therefore Lord god, and I trust assuredly that upon mine unfeigned repentance, god will be merciful unto me. restitution I had need to make, and I will so do by god's grace, as I can. Evil is that penny gotten, which bringeth damnation, and unhappy is he, that for greedy desire of this world, doth lose the joys of heaven. It had been my part, having had such wealth, to have visited the prisons, where men lie long for small debt, and have been oppressed with usury, to their utter undoing: to have aided the poor householders, the fatherless children and the widows. But hereafter I will visit Christ more often in his afflicted members, and lend freely by god's grace, to such and so many, as I shallbe able and know to be honest godly men, and relieve them chiefly, and make also restitution unto them whom I have most oppressed, and get my goods hereafter by lawful means. We all fear the plague marvelously here in London, and desire god that the city may be cleared of it, but what a bless wear it, to the City, and realm also (as I remember you said before master Preacher) if in one year god would take all usurers away, and clear this land of such unmerciful men. I for my part knowing that I do know, rather than I will hereafter make gain of my goods or money, for the very loan thereof, in respect of time, I will suffer a thousand deaths in this world, to save my soul the rather in the world to come. Yea, none of mine shall ever have my favour, that will take that way, for I know this life is but a passage, and stewards we are all, (as you have well said master preacher), to make an account of our former lives, and to show how faithfully we have bestowed those talentes, which god of his goodness hath vouchsafed to bestow upon us. For if we have been evil officers, woe is our higher, whereas otherwise having faithfully discharged our duties, god is just, and will reward the faithful for ever, according to his promise, through the merits of Jesus Christ, who be praised therefore. Ockerfoe. Now blessed be the Lord god of Israel, and holy be his name, both now and always hereafter. I am hartlye glad before god, that I have lived until this day, to see such a conversion of you my dear brethren, and greater joy I know there willbe in heaven, for the recovering of so few lost sheep, than of 99 that have not strayed. I pray god that all others may take example of you, and upon gods good warning follow those things in their conversation of life, that you have now professed to do during your lives. And this I say, he that liveth to dye well, shall dye to live better. Now, god for his mercies sake, make us all his servants. With that, they all took their leaves, & departed in charity one with an other, like joyful and spiritual brethren in Christ. God grant all others to do the like. Amen. Finis. ¶ A conclusion to the loving Reader. GEntle reader, and dear countryman, I have in some part laid open (as may appear) the doings & dealings of this world. And much speech hath passed diversely betwixt parties, & great heat hath been uttered, aswell in defence of cloaked evil, as in rebuke of known sin, the most & the worst, liking that always best, which is chiefly for their purpose, be it never so bad. At the last, an agreement is made (as you see) and all reconciled to god, as people much ashamed of sin, and men most sorry for their by past follies. The merchant, as it seemeth, will no more deal unlawfully, but use his trade in good order, and in such sort, as to good conscience and gods law is agreeable. The lawyers, aswell Civilian as temporal, show themselves mortified persons, and will never give occasion (so much as in them lieth) for any to offend by their example. And all this goodness cometh through the preachers godly and zealous dealing. And is all this true (saith one) that we shall have such a world hereafter, as there willbe neither evil lawyer, nor yet evil merchant? For answer I say, god knoweth only, what willbe hereafter. I have made but only a rehearsal of an assembly, which I will not swear to be true neither, for all the goods in England, and yet I wish the same had been true, especially for the latter part of their agreement, let their former lives be, as they will be, which I think are worse than I have said. For neither tongue can utter, nor pen express at full, the eviis of this world. And yet I have said so much every way, as I was able to say, & as my leisure served. And an easy matter it is, to tell a tale, or to make a tale of any man, or of any matter either to or fro: but the hardest piece of work of all is this, for men to be, as they would seem to be. For who would not seem very honest in outward appearance, and yet who is perfectly honest in very deed? I have concluded of these men, as I would it were, or had been at the first, and so all things after much talk are lapped up as you see, with a joyful end, but whether it will fall out so or no hereafter, god knoweth, and not I Therefore I shall tell you a short merry tale, somewhat to the purpose of this last speech & compounded agreement. About xuj. years past, at my being in Rome (where I was forth coming afterwards, against my will god knoweth) there was war betwixt the pope Paulus quartus, & the Emperor Charles, for the kingdom of Naples, the pope himself being a noble man by birth, of the house of Carraffa in Naples, and the chief author and beginner of this war, as one that hated the emperor most deadly, for putting to death an uncle of the said pope's, upon the rebellion made by the prince of Salerne & others, to restore the Napolitanes to their ancient liberties, & free government of that kingdom. In this time of war, duke of Alva being not far of, with a main power, against the pope, & french king, who took his part, duke Guise being general then for the french army, the holy father did set forth in print, a certain prayer for peace, and commanded that all priests within their parochs, should call the people together, & exhort them to pray for peace. Amongst whom, one priest of a certain parish there, saying the people assembled, began to declare unto them the holy father's will, which was, that they should all pray together for a speedy peace. And when they were thus denoutelie gathered together, & warned to pray, the priest said thus, after many speeches passed before. Good brethren, you see I must do as I am commanded, I can not do otherwise, & therefore I exhort you eftsoons, & I pray you heartily pray for peace. But this I will say unto you before hand, if you have any peace at all, with all your prayers, I will give my head. For how can it be otherwise, when he that is the author, & the only deviser of this war, doth require you to pray for peace, who might have it, when he list, if he would be quiet himself: But I know he will not, & therefore your prayers willbe in vain, & yet pray sirs for manner sake. A strange speech of a parish priest in Rome, who was well punished for his labour, be you well assured. And now, what if I said, that these merchants and lawyers, notwithstanding their solemn vows, will not be so good, as they seem to have made promise upon this last agreement? I think if I laid a good round wager of money upon this matter (for other things I will not hazard) there be thousands in England, that would be my half. Men be worldly, self lovers, given for the most part to evil, full of hypocrisy & dissimulation, & very loath to do good, when they see no profit follow, and unwilling to be such, as they are bound and commanded to be. An easy matter it is, to renounce sin by words or outward promise, and betwixt doing & saying, there is great odds. The world is full of sweet enticing baits, and man is made of flesh, subject ever to all temptation of this world. And yet shall not I wish and pray that all things may be well, although it be almost impossible, to have perfection and soundness of life in all men, and amongst all states? God forbid else, and well I know, that the prayer of good men, is of great force before god. Therefore I desire all the good true servants of god, to join in prayer with me, that all folk may amend their lives in every vocation, and that the kingdom of god may come hastily amongst us, & his glory appear for the speedy succour of his chosen people, and perfit ending of all things, with most joyful triumph: which god grant, for the merits of Christ his son, our only mediator and saviour. Amen. ¶ Londini in aedibus Rychardi Tottelli. 1572.