A SHORT AND PRIVATE Discourse between Mr. BOLTON and one M. S. concerning Usury. Published by E. B. by Mr. bolton's own Copy. DEUT. 23. 19 Thou shalt not lend upon Usury to thy Brother. LONDON, Printed by GEORGE MILLER dwelling in Blackfriars, 1637. To the Reader. LOve (saith the Wisest of Cant. 8. 6. men) is as strong as death, the importuning whereof hath made me break open those bars and once more awaken the spirit of M. Bolton, by exposing to public view these papers of his, written with his own hand, for the convincing of the world of that profitable and wealthy sin of Usury; wherein though he and others have bestowed much pains: Yet so sweet is the gainefullnesse of that craft, as that it will never receive a final conviction till the general judgement. This small Tract was written to one M. S. a man of no great note, and of less learning, occasioned upon a quarrel 〈◊〉 took at a Sermon of his preached against Usury, which afterward broke forth into a set battle, though it proved impar congressus to M. S. who by challenging M. Bolton, thrust himself upon the greatest infelicity of war, as first to be disarmed, and afterward to be killed in the field with his own weapons. The gain that M. S. made by that Silver Acts 19 24. shrine, whetted his invention to maintain by humane argument, what he was loath to part with by divine commandment. Had this Author lived, it was his purpose to have made this little Tract of Usury a complete Treatise, by stating the Question, by distinguishing it from other contracts and bargains that are common amongst men (which though they equal that other contract by Usury in point of gain, yet do not participate with it in point of Crime) by handling the many cases of conscience touching the point of restitution, wherein I know he was acquainted with many rare experiments. But death which determined his days, put an end to this labour. So that I now present it to the Reader as I find it in his own copy without addition or alteration, which can hardly be done to any thing of his without wrong to the Worke. Neither should I (had it been feosable) have given way unto it. For I had rather put any imperfect work of his upon the Charity of the world, which it usually affords to such interceptions by death, then abuse it, or the trust reposed in me, by publishing under his name any counterfeit stuff. In this little Work I desire to put the Reader in mind of one or two things remarkable in this Author. The earnest indignation of his spirit against any manner of sin, especially gross sin as this of Usury. And then his sweet melting and compassionate heart in freeing men from it, which if all other instances which might be given of him in this kind should be lost and perish. This one passage of his written in the last work that ever he put out, and uttered a little before his death would make it good. For having in that book Instructions for comforting afflicted consciences. pag. 108. etc. usque pag 130. proposed twenty considerations to keep men from sin (the best that ever I read) He thus in conclusion breathes out his affectionate spirit, page 130. Now my most thirsty desire and earnest entreaty is, that every one into whose hands by God's providence this book of mine shall fall, after the perusal of them, would pause a while upon purpose that he may more solemnly vow and resolve, that ever hereafter when he shall be set upon and assaulted by allurement unto any sin, he will first have recourse unto these twenty considerations I have here recommended to him to help in such cases, and with a punctual seriousness let them sink into his heart before he proceed and pollute himself. I could be content, if it were pleasing unto God, that these lines which thou now readest were writ with the warmest blood in my heart, to represent unto thine eye the dear affectionateness of my soul for thy spiritual and eternal good, so that thou wouldst be throughly persuaded, and now before thou pass any further sincerely promise so to do. So that I may as truly say of him as was once said of Anselm, Nihil De vita Anselmi lib. 2. in Oper Ans. in mundo quantum peccare timebat, He feared nothing in the world so much as sin. Compare these times and the want of such a man in them, and then count how invaluable his loss is. For so highly was he esteemed in that Country where he bestowed his Ministerial pains, that many of his hearers who beheld his white hairs could point at him, and say with that famous Leontius, That when Sozem. Hist. Lib. 3. that Snow melted there would be a flood: And so it proved; For I dare boldly write it, There was not a Minister in Norhampton-shire that ever lived there more desired, or died more lamented. I will look no further into his quiet grave, I only desire my Reader kindly to accept of this work for the Author's sake who meant it much better. And for my sake who merely for the Readers good have undergone the pains to present it as it is. This is but justice and all the reward I look for, Middle Temple May 22. 1637. EDWARD BAGSHAWE. A SHORT AND PRIVATE Discourse between Mr. BOLTON and one M.S. concerning Usury. IT seems M. S. Saint Austin is in some request with you; for you place Him in the Front of your Treatise, which you might easily have contrived into a few lines, telling us: so saith jewel, Perkins, etc. in such a Book, such a page: But will you stand to that Ancient Father's Authority in your Point of Usury? Hear Him I pray you: In Psal. 36. Nolo sit is faeneratores, & ideò nolo, quia Deus non vult. I would not have you to be Usurers, and therefore I would not have you to be so, because GOD would not have you to be so. A little after: Vnde apparet Deum hoc nolle? Dictum est alio loco. Qui pecuniam suam non dedit ad Vsuram. Et quam detestabile sit, & quam odiosum, quam execrandum, puto quia & ipsi faeneratores noverunt. How appears it, that GOD would not have you to be Usurers? It is said in another place. He that putteth not His money to Usury. How detestable a thing it is, to give money upon Usury, how odious, how execrable, I suppose, the Usurers themselves are not ignorant. And upon Psal. 128. Audent etiam faeneratores dicere non habeo aliud unde vivam. Hoc mihi & latro diceret, deprehensus in fa●ce, etc.— Hoc mihi & leno diceret emens puellas ad prostitutionem, etc. The Usurers also, saith Saint Austin, dare say, they have not whereupon else to live: so (saith He) may the Robbers say, taken in the Thiefs Haunt, etc.— So may the Bawd say, who buyeth young Women for prostitution, etc. Or will you stand to the judgement of those Worthy Men, (for so you call them at the bottom of your first page) which Saint Austin produced against julian? Hear them also. Saint Basil: in Psal. 14. An ignoras, inquit, quòd major tibi peccatorum exurgat acervus, quam sit accessus opum, quem ex usuris venaris? Knowest Thou not, that a greater heap of sins grows upon Thee, then is the accession of riches, which thou hunts after by Usury. Saint Gregory Home 4. in Ecclesiast. Aiatis, inquit, dixit Deus; Crescite & multiplicamini: Auri autem faetus, nempe faenus, ex quonam consistit matrimonio? etc.— Hic est ille partus, quem parturit qui dem avaritia, parit autem iniquitas, & obstetricatur inhumanitas. This is that young One (speaking of usury) with which covetousness travails; Iniquity brings forth; and Inhumanity plays the Midwife. Saint Ambrose, an other of those Worthy Men, hath detested and discoursed against usury very excellently, and eloquently in a whole Book de Tobia: in the 9 Chap. whereof, He compares the Devil and an Usurer together. Chap. 14. Silicitum est: cur vocabulum refugis? cur velamen obteris? Si illicitum est: cur incrementum requiris? If usury be lawful, why dost Thou decline the name? Why puts Thou a veil over it? If it be unlawful, why receivest Thou any increase? Saint Hierom, In Psal. 54. In lege usurae accipi prohibentur. Vsura est, plus accipere, quam dare. Taking of usury is forbidden in the Law. And usury is to take more, than was given. And in Ezek. Chap. 18. page 538. Repetens ab his quibus tribuit, (meaning in the case of usury) ampliùs quam dederat, vivere non poterit, sed in suo sanguine morietur. Chrysost. Hom. 5. in Mat. pag. 38. Nihil praesenti usurâ turpius, nihilque crudelius. Si quidem hujusmodi faenerator negotiatur discrimina, & uberiores (ut putat) quaestus de alterius infaelicitate consequitur, atque insuper quasi pietatis mercedem reposcit, velut metuens ne immisericors fore videatur: cum profectò pretextu miserendi, atque opem ferendi, majorem misero foveam crudelitatis effoderit, speciejuvandi atterens inopem, ac manum porrigendo deijciens: & quasi inportum, ex tempestate suscipiens, sed improviso turbine in multò magis crudele naufragium, velut inter scopulos, ac latentia saxa demergens. I have given you a taste of those Worthy Men, how worthily, They cut the throat of your usury. I might quote many more of the Fathers to the same purpose: but that it is not my purpose, but only to let you see how you have wounded yourself at unawares, by writing those passages out of Saint Austin. I mean in this respect: As julian the Pelagian became Saint Augustine's and their Opposite, in Point of Pelagianisme: So you prove Opposite to Austin and the same Worthies in Point of Usury. But you have, as you suppose, some late Divines on your side. And I will also suppose so for the present: And oppose against them three hundred and eighteen, the learnedest and greatest Divines in the whole Christian world, congregated at Nicaea in the more * Of whom Beza somewhere professeth, that the Sun never beheld a more divine meeting since the Apostles times. pure and primitive times, * See the same also in corrupter Times. Wet. Book pag. 61. In the year of our Lord 325. or thereabouts condemning usury, from those words Psal. 15. Qui pecuniam suam non dedit ad usuram: He that putteth not His money out to usury. Can. 18. I could name them every One unto you, and so make a far larger Catalogue than yours. For here are 300. odds. Yours being but 18. Nay in a word; for any thing I can learn, or know, I may oppose in this Point all other Counsels, that ever mentioned it, Fathers, all the Learned of former Ages, the whole Current of the Christian World from CHRIST unto our age. None of which have stood for Usury, for the space of fifteen hundred years after CHRIST. But these, you will say, are Humane authorities. And so are yours. Yet mark the odds. I oppose to your few supposed Patrons of Usury of late times, the general judgement of the Church for this fifteen hundred years. For the covetousness of these times hath made a controversy, which in former ages was never doubted of. * 〈◊〉 pag. 7●. Nay, (I imagine you know who hath made it good) Authority of all sorts, divine, and humane; Ecclesiastical, and profane; natural, and moral: Of all Ages, old, new, middling: Of all Churches, Primitive, Roman, Reform: Of all Commonweals, Jewish, Christian, Heathenish: Of all Laws, Foreign and Domestical. Nay M. S. Will you hear the words of one of your own Men, whom you muster up in your Catalogue as One of yours: I mean B. jewel. These are his words: upon 1 Thess. Chap. 3. ver. 6. pag. 80. But what speak I, saith He, of the ancient Fathers of the Church? (having produced many against Usury) There was never any Religion, nor sect, nor state, nor degree, nor Profession of men, but they have disliked it: Usury sc. Philosophers, greeks, Latins, Lawyers, Divines, Catholics, Heretics: All tongues and Nations have ever thought an Usurer as dangerous, as a Thief. The very sense of nature proveth it to be so. If the stones could speak, they would say as much. These are the very words of One, whom you pretend to be on your side. But let us come to the Scriptures. And dare you indeed M. S. stand to the trial of that pure and Heavenly Touchstone? Consider then these places: Exod. 12. 25. Levit. 25. 35, 36. Deut. 23. 19 Psal. 15. 5. Ezek. 18. 13, 17. And 22. 12. Pro. 28. 8. Luke 6. 35. Now M. S. against these many Places condemning Usury; bring you so much as One, to allow it. You are not able to bring One rightly understood. Here is then as great odds in Divine, as Humane Authorities. What will you do now? Fall to your shifts. In the Scriptures, say you, 1. Mention is made of the poor expressly; Ob. 1. and therefore you conceive, and conclude, that if you forbear the Poor, you may be an Usurer to the Rich. And for this purpose Usurers urge Exod. 22. 25. Levit. 25. 35. 1. May you not M. S. as well reason thus from Answ. 1. ver. 22. of the same Chap. Thou shalt not afflict any Widow or Fatherless Child: Here mention is only made of the Widow and Fatherless: therefore, if these be forborn, Thou mayst afflict a married woman, or a child that hath a Father? May you not by the like reason prove it no sin to rob a rich Man: because Prov. 22. 22. It is said: Rob not the poor, because He is poor. Then all robbery is not forbidden, but only that towards the poor, (may you say) and therefore we may rob the rich, because He is rich, and may well spare it? You may clearly see the poorness and weakness of your collection, by these three absurd parallel inconsequences. Moses forbiddeth to oppress an hired servant, that is poor and needy: Deut. 24. 14. therefore, if He be rich and wealthy, you may oppress Him. This is Usurer's Logic. See Psal. 82. 3, 4. 2. In other places of Scripture, as Psal. 15. 5. Ezek. 18. 13, 17. And Chap. 22. 12. Prov. 28. 8. Which are as it were Commentaries, and Expositions of the Law, there is no mention of the poor, but Usury is absolutely forbidden without respect of Persons. Nay to prevent this shift, and to demonstrate this evasion to be very frivolous. In the very Text Deut. 2●. 19 there is no mention of the poor at all, but the Law is delivered in general terms: Thou shalt not lend upon Usury to thy Brother. Now He is your Brother whether He be rich or poor. The partition wall is now taken away, and both Jew and Gentile, rich and poor are Brethren; and therefore we must exact Usury of none, except we would be worse than Jew's. Our Saviour Christ Luke 6. 34. gives this testimony to the very sinners of His time amongst the Jews, that they would lend One unto an Other, that they might receive so much, as they lent. And therefore not so much, as the least Usury was lawful towards a Brother, whether He were poor or rich. If the Scriptures had put such a difference between the poor and the rich, as between the Israelite and Cananite: To the rich thou mayst; but to the poor Thou shalt not lend upon Usury: Then the case were clear. But Deut. 23. 19, 20. GOD makes opposition, not between the poor and the rich: but between an Israelite and Cananite. For by stranger in that Place, is meant the Hittites, the Gergashites, the Amorites, the Canaanites, the Perisites, the Hivites and Jebusites, and no other stranger as may be collected, Levit. 25. 35. So also doth Saint Ambrose De Tobia, cap. 15. Paulus Fagius Annot. in Cald. Paraphras. in Deut. 23. 20. See Fenton pag. 45. jun. Annot. Ibid. expound it. What these the Jews were commanded to destroy, Deut. 7. 12. And Usury was as teeth given them, and allowed by GOD to eat them up withal: Whence that of Saint Ambrose De Tobia, cap. 15. Ab hoc usuram exige, quem non sit crimen occidere. Seest thou a man, whom Thou mayst lawfully kill? take use of Him, but not of thy Brother. 3. In the laws of Usury, and other prohibitions of oppression, express mention is made of the poor and helpless, Because 1. The poor are soon, and easiest oppressed of the Rich; as the lowest hedge is oftenest stepped over. 2. It is a more grievous sin to oppress the Poor. 3. Those only who have need, have just occasion to borrow. 4. Shall a special Instance in some one Object, which makes the sin forbidden extremely hateful, abridge and restrain the generality of a law? Will the exageration of a sin in the highest degree make all those actions no sin, which come not to that degree? Because it is an heinous offence to steal a Cow from a poor man, is it not a sin to steal a Sheep from a rich man, that can spare it full well, and perhaps never miss it? 5. Nay M. S. will you stand in this exception to the verdict of your own Witness in the very Point for which you produce Him; I mean of the rarest jewel, that ever the English Church enjoyed. These are His words upon 1 Thess. Chap. 3. pag. 86. Thus much saith He, I thought expedient to speak of the loathsome, & foul Trade of Usury— I call GOD for a record unto my soul, I have not decived you, I have spoken unto you the truth. If I be deceived in this matter, O GOD Thou hast deceived me. Thy word is plain. Thou sayest: Thou shalt take no Usury. Thou sayest, He that taketh increase shall not live. What am I, that I should hide the words of my GOD, or keep them back from the hearing of this people. The learned old Fathers taught us, It is no more lawful to take Usury of our Brother, than it is to kill our Brother, etc. Mark the last words. And then look back, upon pag. 78. lin. 22. Where He saith: He is thy Brother, whether he be poor, or rich: And then conclude plainly, that the worthiest of your pretended Patrons, condemns Usury-taking, either of rich or poor. Aspidis morsui similis est pecunia usuraria. Qui ab Aspide percutitur quasi delectatus Chrys. Hom. 12. Ope. imper. vadit in somnum, & sic per suavitatem soporis moritur. He that is bitten by Usury, (saith chrysostom) is as He, that is stung of a Serpent: it lulls Him asleep so sweetly and secretly, that the poor man is undone before he be aware. 6. If Usury find a man rich, * Hence that of junius. Nos itaque damnandam esse, & intolerandam omnem Usuram non possumus adfirmare, sed eam solùm quae pauperes, egentes opprimit, aut pauperes facit. Appen. ad Expl. Levit. pag. 115. yet it bringeth with it a pair of Cannibals chaps, and many cruel teeth, to eat out the very Heart of His estate, except He cunningly heal Himself by some other covetous way, or unconscionable course. Hence it is that Saint chrysostom compares Usury to an Asp, which together with the poison infufes a delightful sleep, but in that sweet insensibleness takes away life: So the Usurer's money refreshes for a time, but by little, and little, sucks out the very lifeblood of a man's estate. And that of Saint Basil to to those, that objected, That many by the employment of money borrowed upon Usury, grew rich: But I think, * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Basil, Home adu. Usur. more saith He, have come to the Halter. His meaning is, by paying Usury they have grown poor, and so fallen a stealing, and at last come to hanging. To speak more fitly to these sins: But I think more have proved Bankerupts. And again, How many of your Usurers are free lender's to the poor, except it be in cunning, out of a deep Hypocrisy to colour their usurious cruelty? 7. If the law of lending to the poor, without usury, should infer the lawfulness of lending to the rich upon usury: How should GOD'S purpose in those places, for the benefit of the poor have place? Because by this means, it would come to pass, that the poor should very hardly, or not borrow at all. For how few would lend to the poor for nothing, when as they might lawfully lend to the rich upon usury. Now it were better for the poor, that He might borrow upon Usury, then that He might not borrow at all. The Scripture, saith the Usurer, forbids Ob. 2. only biting Usury: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Morsury, which cometh of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mordere, to bite. There is, thinks He, a certain toothless, or not biting Usury, which is tolerable. 1. What will not Covetousness catch at, to Answ. 1. nourish its greedy, and cruel humour? Nesheck is the common, and ordinary name whereby all Usury is signified in the Hebrew Tongue. And doth Metaphorically intimate, and import the aggravation of the sin, not a distinction of the kinds of Usury. Epithets and Originals serve more to amplify and exaggerate, then to distinguish. See T. pag. 53. Hence it is also that Usury in the Chaldee is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chabulia, i. e. Perditio, quòd omnes opes perdat & devastet. 2. The Scriptures condemn not only Nesheck, but also Tarbith. And that not only in the Comments of the Prophets: Ezech. 18. 17. And 22. 12. Prov. 28. 8. But in the very Text of the Law itself, Levit. 25. 36. Vetarbith. And v. 37. Vbemarbith. Nesheck is the ordinary word in the Scriptures, to signify Usury. Which the HOLY GHOST useth to expound by other two words Tarbith and Marbith, both derived from the same root 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to increase, So that he which exacteth an increase, or gain above His principal, or requireth more by covenant, than He lent, He taketh Tarbith, or Marbith, that is Usury. Which is condemned also, saith that most worthy Calvin, (whom you produce as a Patron) in Pentateuchum, pag. 355. That He may cut off, saith he, such cavils as these: Vtrumque nomen conjungit— ac generaliter damnat quamlibet sortis accessionem: He couples both the words together— And generally condemns any addition, or increase above the principal. For why should Tarbith be added unto Nesheck, both in the letter of the Law, and the Prophets? It must be added: either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, to make a gradation; as if not biting Usury only were forbidden, but any increase whatsoever: Or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is by way of exposition, and so of equal latitude with Nesheck, only declaring what GOD meant by biting Usury, namely any increase in that kind whatsoever. And therefore let not us distinguish these words which the HOLY GHOST confounds, saith a worthy man; and much less upon this frivolous distinction, let us build our practice or hazard the eternal salvation of our fowls. For we know Ezek. 18. 13. who hath said: He that putteth forth to Usury, or taketh increase; shall He live? He shall not live, He shall die the death; and His blood shall be upon Him. 3. All Usury biteth. Money so lent cometh not empty home: but biteth off, knaweth away, and bringeth with it some part of the borrowers wealth, and substance. Who if He cannot lick Himself whole again, or heal His wound by biting others, (as commonly they do) He findeth and feeleth in the end, that Usury hath teeth. Biting is individual, and essential both to the name, and nature of Usury. It ever bites, and stings one, or other, less, or more, either the Borrower, or the Commonwealth. Either like the morning Wolf, it sucks out the life, the blood, and the marrow of a poor man: Or like a Mastiff it snatches a piece and portion out of the Borowers substance: Or like a Wasp or the Dog-flie, it stings Him, one way, or other in His estate. All sorts of Usury, even from that Centesima the hundreth part monthly, which Nehemiah complaineth of, which is twelve in the hundred; unto that semiuncianum Foenus ten shillings in an hundred pounds, hath teeth. Some more empoisoned, bloody Fangs than other: but all bite. In every Tarbith there is a Nesheck, 〈◊〉 in every Usury. But suppose the Borrower sometimes in respect of the event, or by accident, be not so bitten, or damnified: yet the Commonwealth, and especially the Communality pay for it. Our Divines express the Point thus: If money be lent to spend upon necessaries, there is no question made, but the Borrower is sore bitten in paying Usury, when he hath spent the principal: If it be lent to lay out for gain, then must the Borrower first be sure of so much clear gain, as will pay the use; which is a reasonable gain of itself: For the Usurers of nine, or ten in the hundred do live richly of that accursed trade: yea many honest Tradesmen, will confess, that if they could with their own free stock, raise the like gain, one time with an other, that the Usurer doth with his money; and with the like security of the principal, they would think, they had made a very good market, notwithstanding all their care, and travel. This reasonable gain then, must first be raised by the Borrower, to pay the Usurer; and over and above, He must exceed this reasonable gain, to maintain Himself, and His Servants, because this gain is none of His. If He do not exceed then, and that in some proportion, He hath lost His labour, and shall feel Himself sore bitten. And if the Borrower do exceed the Usurer's gain, to maintain Himself; I demand then who payeth this excessive gain over and above that reasonable gain, of ten in the Hundred? Who but the Commonweal? Not so, saith the Usurer; For the Borrower must sell, as the Market goeth. It is very true. Therefore, say I, If He and His fellows be not able to raise the Market, to their own price, they shall be loser's: If they can enhance it, (as they may the more easily, because the number of such Borrowers is great, and because the rest desiring to sell as dear as they can, will most willingly join with them) than the Commonweal must needs bear the burden, and especially the poorer sort, who buying all by piecemeal, at the last hand, must be sore bitten, though they know not by whom. It is incredible, to consider how great the biting and burden of the Commonwealth is in this Case. For who doubts, but that many millions of pounds are put out to Usury in this Land yearly: partly in money borrowed upon Usury; partly in wares taken on trust, whether by Merchants themselves, or by retailers from them, or by the particular buyers from the Retailers: the Usury of every million, which are many, after ten in the hundred, being an hundred thousand pounds. Of which biting and burden the Commonwealth might be eased, If Usury were abolished. Hear your own Man, whom you produce as a Patron of Usury, that Reverend and Worthy jewel: upon 1 Thess. 4. pag. 83. A Merchant taketh up of his Neighbour an hundred pounds, and must answer again an hundred and ten pounds. He bestoweth it all in corn, and buyeth for his hundred pounds, an hundred quarters of corn. He sendeth it to the Market, the people have need of it, and buy it. If He sold it for eight groats a Bushel, he might make up his hundred pounds, and be a gainer. But unless He make up an hundred and ten pounds to discharge his Usury, He must needs be a loser, and undone. But undone He will not be: He will rather undo many others. Therefore He setteth price at three shillings, and so maketh His money, and payeth the Usurer, and saveth Himself, and is no loser. Who then payeth the ten pounds? Who is the loser? Any man may see. The poor people which buy the corn. They find it and feel it in every morsel they eat. Thus, saith He, if the Merchant Borrower be not hindered by the Usurer: yet the people that buyeth His wares are plagued. Thus it is no hard matter to find, that howsoever Usury be used, it is always dangerous, and beguileth the people, and is therefore the destruction, and overthrow of the Commonwealth. 4. M. Dike tells us pag. 211. How full of subtle and sophistical wit our hearts are in cunning distinctions for the confusion of our souls. He instanceth in some Particulars. 1. If that pregnant Text, saith He, 1 Cor. 11. 14. be pressed against long hair: It is shame for a Man, to wear long hair. It will be replied: It is only to be understood of such hair, that is as long as women's. 2. If the negligence of Pastors be checked by that express Commandment: Feed the flock: That is saith the deceitful heart: Either, by thyself, or by another. 3. I may add a third and a very fit Instance. If the Usurer be pressed with this and other places. His most ordinary Answeris: They are to be understood of Biting not of toothless Usury, etc. But what, as he there intimates, if these, and the like, prove to be rotten distinctions, and false Glosses upon their Beds of death, as indeed they are; what's then their Case? As they have leaned in their life time upon such broken staves of reed: Their confidence in that dreadful hour will be but as the Spider's House. The Law of Moses concerning Usury is judicial Ob. 3. not Moral; Political only, and proper to the Jewish Nation; not perpetual, and binding all. .1. Prohibition of Biting Usury, Usurers will Answ. 1. confess, is Moral, but, it appears in answer to the second Objection; that, that Usury which is forbidden in the Law, is biting, Ergo, etc. Or thus: That which is unjust and uncharitable is forbidden by the Moral Law: But when out of the uncertain negotiation of the Borrower, the lender covenanteth for certain gain, and accordingly exacteth His covenanted gain; as well out of the Borrowers loss, as out of His gain, which is the practice of the Usurer, (For in the contract of actual Usury there is an absolute covenant for certain gain, which the Borrower, whether He shall gain or lose is absolutely bound to pay together with the Principal) is unjust and uncharitable, Ergo, etc. Great and certain gain accrues to the Usurer: sometimes out of little gain; sometimes out of no gain; sometimes out of loss; always out of uncertainties; always out of labour and pains, out of care and cost, out of hazard and peril to the Borrower. Is this conscionable? 2. The Law of free lending is Moral, renewed by our Saviour, Mat. 5. 42. Deut. 15. 8. Luke 6. 35. Therefore the Law, which forbiddeth Usury, or lending for gain, is Moral: For the same Law, which commandeth the Affirmative, condemneth the Negative. 3. The Holy Prophets range it amongst the greatest abominations, and most heinous transgressions of the Moral Law: with lying, backbiting, deceit, wrong, bribery: Psal. 15. with Idolatry, oppression, adultery, cruelty, unmercifulness to the poor, bloodshed, and murder: Ezek. 18. With the profanation of holy things, with the abomination of uncleanness, with the unnatural sins of incest, Ezek. 22. So doth the Doctrine of our Church: Verily so many as increase themselves by Usury, by extortion, by perjury, by stealth, by deceits and craft; they have their goods of the Devil's gift. Homily For the days of Rogation week, p. 2. p. 3. Excep. GOD permitted the letting out of Usury to the stranger, Therefore the prohibition cannot be Moral: For GOD is not wont to permit any transgression of the Moral Law. Rep. Nay. Sith the same Usury, which is forbidden in the Law is permitted towards a stranger, therefore this permission of Usury is proved to be judicial, and the Prohibition Moral. This permission rather proves it to be unlawful in itself: For if it were lawful in itself, it should not need to be permitted. The putting away of a man's innocent wife, being a thing simply, and in itself evil; was notwithstanding permitted to the Jews. If by stranger, we understand stranger at large: I answer thus: As that permission which gave leave to the Jews to put away their innocent wives with a Bill of divorcement, doth not disprove the Law forbidding Adultery to be moral, but proveth itself to be judicial: so permission of Usury towards strangers doth not prove the Law forbidding Usury to be Moral; but itself is evidently proved to be Judicial. And there may be reasons also of this toleration. 1. The hardheartedness, and covetousness of the Jews might be such, that if they were not permitted to practise Usury towards strangers, they would exercise it against their Brethren. 2. And the injustice of the Gentiles with whom they did traffic, such, as they would be sure to exact Usury of the Jews. Therefore, that neither the Gentiles, by inequality of negotiation should eat up the Jews, nor yet the Jews should oppress one another by Usury, it might be, that in these civil respects the LORD permitted it towards the Gentiles. Which toleration in civil respects might absolve the Jews in the external Court, but not in the Court of Conscience: no more than the toleration of divorce did dispense with that hardness of their hearts before Mat. 19 GOD. But if by stranger be meant only, the remnant of the Canaanites, as * Lib de Tobia. cap. 15. Saint Ambrose, and * Lib. 6. in Ezek. 18. Saint Hierome amongst the ancient: junius, and Tremelius of latter time have expounded it: which I take to be the righter sense: See before pag. 2. Dow. pag. 210. I answer thus: Permission of Usury towards the Cananite doth no more prove the Law against Usury not to be moral, than the allowonce of Manslaughter in war doth prove the Law forbidding murder to be judicial. For although the Law cendemning Usury be never so perpetual, or moral; yet notwithstanding as other Commandments of GOD; so is it to be understood with this limitation, and restraint; namely, unless GOD otherwise appoint. All other Theft, as well as Usury, is forbidden in the moral Law, but if GOD, by special warrant allow the Israelites to spoil the Egyptians at their departure out of Egypt, they may lawfully do it. It is a fearful moral transgression, for a Father to kill His only Son: but if the LORD bid Abraham kill His own Son; He is authorized to do it. Mortal Princes dispense with their Laws, who then dare abridge this royal prerogative in the mighty LORD of Heaven and Earth? Whose Holy Will is the Rule of justice. GOD appointed His people to destroy the Canaanites, Numb. 33. 51. And it was fittest by little and little. See Exod. 23. 29, 30. Deut. 7. 22. Usury therefore was a fit Consumption so to eat them out. Whereupon saith S. Ambrose. Ab hoc usuram exige, quem non sit crimen occidere. Lib de 〈◊〉 obia. cap. 15. Thou mayst lawfully take Usury of Him, whom Thou mayst lawfully kill. But howsoever, the Partition wall is now broken down: And there is no such difference of Brother and stranger. I am sure amongst those, that profess the name of CHRIST: And therefore, it is execrable amongst us, without all contradiction. These three precedent, are the most ordinary starting Holes, the Usurer's haunt: Others are sometimes urged; but not with that pertinacy, and confidence. Such as these: I deal, saith the Usurer, as I would be dealt Ob. 1. with; and do as I would be done by: And therefore all that while, I hope I do no wrong. I would willingly pay ten in the hundred, if I had need, and then why may I not take so. 1. That royal Principle of Nature, Do as Answ. 1. thou wouldst be done by: must be expounded and understood according to the Grounds of a good Conscience, Dictates of right reason, and Rules of a just and rectified will: not out of the mists and miseries of a depraved and exorbitant judgement. Otherwise, Abimelech, Saul, and others of that desperate Rank, and resolution, might conclude that it were lawful for them to kill other men, because they were willing to be killed themselves: See judges 9 54. 1 Sam. 31. 4. For they might say: They did but as they would be done by. It would also follow very absurdly: The Magistrate being in the Malefactor's case, would gladly be pardoned; therefore He must pardon the Malefactor. Some man would be content, villainously to prostitute His wife, whom He cares not for Himself, to others; therefore He may abuse an other man's wife, whom He loves better. These and the like absurd, and abominable non-consequents demonstrate the vanity of the Usurer's inference: And that, that Royal Law, and Rule of our SAVIOUR CHRIST is not general, but restraineable to that will of man, which is ruled by nature, and GOD'S Law. 2. We must then have recourse to this general Fountain of the second Table, and fetch light and direction thence, when we have no express and special word in GOD'S Book: but the Scriptures have clearly and directly determined and resolved the point of Usury. 3. If the Usurer were in the Borrowers Case, He would not willingly, as He pretends, give ten in the Hundred; I mean with an absolute and free will; but of force and constraint; because without paying after that rate He cannot have it. If a man would borrow upon Usury, either to engross or forestall, or to compass some unlawful matter; that were a corrupt will, and no Hottom. de Usur. 85. Arist. Eth. 1. 1. Rule. But if His desire so to borrow were just and lawful, (as in some cases it may be) than it is no entire will, but mixed and forced by some necessity, for the avoiding of a greater Evil; and therefore deemed in the eye both of Law and reason to be no will at all. He that would borrow; should have need to borrow; for a needless desire is unlawful: And he who hath need to borrow, would not willingly borrow, but for need; much less, would He pay Usury, if with convenience He might borrow freely. Therefore the will of the Borrower, in this case, is either corrupt, or no will at all; and so consequently without the compass of CHRIST'S Rule. The will of the Borrower in this Case, is like the will of an honest traveller, in giving His purse to the Arrant Thief, for fear He should lose both purse, and life: Is this man willing, think you to lose His money? Or like the will of a man, whose House being on fire, plucks down part thereof to save the rest. Willingly indeed as the Case stands with Him, yet not simply but upon necessity. So the Borrowers will is not free, but forced: and so will against will. Usury is not forbidden in the New Testament, Ob. 2. therefore in all likelihood no such sin, as you say it is. 1. Though it be not forbidden by name in Answ. 1. the New Testament, yet that proveth it not to be lawful. An argument drawn from the Testimony of some one part of the Scripture negatively, doth not hold. It is sufficient, that it is forbidden in the Old Testament, and namely, in the Moral Law of GOD which is common, and perpetual. 2. Biting Usury is not mentioned in the New Testament, and yet condemned, by the Usurers themselves. 3. Neither are removing the Neighbours mark, Polygamy, jealousy, treason, tyranny, etc. by those very names censured in the New Testament, and yet are manifest and gross transgressions of the Moral Law. 4. Though Usury expressly and by name, be not censured in the New Testament: yet by necessary consequence it is, which is sufficient. 1. Sometimes under the affirmative, Mat. 5. 42. 2. Sometimes under the General, Ephes. 4. 28. 1 Thess. 4. 6. 3. Sometimes by an Argument drawn from the greater, Luke 6. 35. For if I must lend without respect of mine own profit, or without expectation of any benefit, or gain thereby; as they most expound that place, then much more must I lend without a Covenant, especially without an absolute covenant for gain. And if I must lend without expectation of the principal, as others understand it, then much more without expectation of an overplus above the principal. 4. Sometimes by an Argument drawn from the less, Luke 6. 34. Do sinners lend one to an other without Usury? And shall not Christians much rather? May not aman, as well take use for His money, Ob. 3. as the Landlord rend for the ground which He letteth? No. For: 1. The Land hath a fruitful use in itself, Answ. 1. answerable to the Rent: Both without man's help, as in Meadows, Pastures, Woods, Mines, etc. As also with, as in arable grounds, wherein the rent is proportioned according to the fruitfulness thereof. But money being spent in the use thereof; * How money is unlawful. See Fent. pag. 93, 94. Because it may be subject to cavil. Ibid. pag. 65. the gain that is raised thereby, is not the fruit of the money; but of His skill, and industry, that doth employ it, and therefore must needs be uncertain. And what gain is raised, aught to belong to Him, by whose pains, and industry, it ariseth. So Thou demandest thy gain out of the fruit of His pains, and industry; not out of the fruit of the money. And it is a strange Thing, that whereas an 100 lb. worth of land, which is fruitful by nature of itself, will scarcely yield 6 lb by the year: yet an Usurer will have out of His money, which hath no fruitful use in itself 10 lb. etc. Thus He woefully requires gain for an other man's pains, industry, hazard, cost, and charge. 2. The property of the ground belongeth to the Landlord; And therefore the profit belongeth partly to Him; in respect of the fruitful use, of that which is His own, partly to the Tenant, for his labour and charges. 3. In things let, the Letter alienating the use, and not the property is to receive the selfsame particular, and individual Thing, after it hath been used, being for the most part, the worse, and impaired by using. And therefore receives profit for the Thing hired. As in the letting of an house, wherein they often instance, Saying, why may not a man, as well take 10 lb. for an hundred in a year: As 10 lb. for an House in some great City, which cost Him an 100 lb. The use of the house is habitation; And though it be kept Tenantable: yet it grows worse, and towards ruin in the more substantial Materials. But in money it is otherwise. The very same is not to be restored, but so much in value. Whence M. Greenham reasoneth: Recompense is to be made, where the thing is the worse for using: but money is not the worse for lending; therefore nothing is to be taken, for the lending of it. 4. He that letteth any thing, beareth the hazard of the thing He lets. As the Landlord of the ground; not only of the Title: but also of all casualties, and calamities any way incident: as overflowing by Sea, Invasion by enemies, etc. In which Cases, He is as well to lose His Rent, as the Tenant His labour, and charges. A thing that is hired, if it perish without the Commodatorius non tenetur de casu fortuito, nisi se adstrinxerit. Cod. lib. 4. Tit. 23. Leg. 1. default of the Hirer it perisheth to the Owner: 1. Because He is the Owner. 2. Because it went for the hire. According to the equity of GOD'S Law, Exod. 22. 15. If the Owner thereof stand by (to wit, that it may appear, not to be the Borrowers default) the Borrower shall not make it good. For if it be an hired thing, it came for the hire. But i● money, the Borrower standeth to all the hazard, in common equity: because the Borrower See Dow. How usury differs from the lawful contract of Location. pag. 158. is the right Owner for the time, and in all right, every thing perisheth to the right Owner. 1. Now it is a Rule in Law: To whom the hazard appertaineth, to Him the fruit and profit belongeth. 2. And whereas the Principal may perish, without the Borrowers default: To covenant for certain gain, for that which is hazardable, is unjust. But if there were nothing else, it is more than sufficient: That letting Land to Tenants is not disallowed by GOD'S Word, or any other learning; in any time or age, etc. But lending for use is condemned by GOD'S Book, and all other learning; and in all ages. But as the world goes now, saith the Usurer, Ob. 4. & as men's manners now are, Commonwealths cannot stand; Traffic cannot be maintained, Tradesmen cannot live without it, Ergo, etc. Answ. 1. 1. By this Argument saith * P. 2. Loc. Com. pag. 462. Hoc argumento posset tota Scriptura everti. Mundus enim non vult in viâ Manda thrum Dei ambulare. Num igitur ducendum est, non esse peceata, quae in Scriptura manifestè damnantur? Chemnitius, may the whole Scripture be overthrown. For the world will not walk in the ways of GOD'S Commandments: Must we therefore say, that those are not sins, which are manifestly condemned in Scriptures? 2. How then did the state of the Jews consist without it, which was of Gods own constituting? To say absolutely, that Commonweals cannot stand without it, is to derogate from GOD'S wisdom, in ordering His own people, amongst whom He would suffer no Usury. 3. If the Jews had thus pleaded in those times of that toleration: that their Commonwealth could not stand without the Bill of divorce: yet notwithstanding, if any had put away His wife, save in the Case of Adultery, though He might have escaped in the external Court: yet was He not absolved in the Court of Conscience, and before GOD'S Tribunal. So though an Usurer were now able truly to say, (which He cannot) that the Commonweal could not stand without Usury: yet for all that, Woe unto them that put their hands unto that cursed and cruel Trade. 4. If it were so; the Argument proves no more than this; That Usury is a necessary Evil: And this necessity argueth not the lawfulness of Usury, but the wretchedness of the world, which as Saint john saith, lieth in Evil. A Drunkard hath brought His Body into such an Habit, that unless He drink abundantly, even to the turning of His brain, He is sick again. Is not drunkenness in that Person sinful, because so necessary? A Son of Belial, by profane education, and continual haunting wicked company, hath brought Himself to that pass, that it is almost, as necessary to Him to swear as speak: is Blasphemy in this man no iniquity, because custom hath brought upon Him this cursed necessity? Some men according to Saint Paul have so Rom. 2. 5. hardened their hearts, that they now cannot repent: Is impenitency in them no sin, because their own corruption, and custom have made it necessary? If this necessity, they talk of, were imposed by GOD, this reason were good: Usury is necessary, therefore lawful. But sith men and states have drawn it upon themselves, by their corruptions, and custom of sin, it doth rather aggravate, then extenuate the fault. And certain it is, Cities, Incorporations, and Towns have drawn upon themselves this necessity by such Ca●t-ropes of iniquity, as these: 1. Hardness of men's hearts, and want of charity in those, who be well able to lend, and will not, whereby many are forced to pay Usury. 2. The covetous desire, and pride of Borrowers, who out of an insatiable appetite to compass great matters, do take up great sums of money for money; that no money is to be spared, for such as be true Borrowers indeed. 3. Falsehood and deceit in disappointing One another of their moneys at the times appointed; so as missing of their own, they are compelled to take up of others, or else to shut up their doors, as they say. Now if a pretended necessity springing from the hardness of men's hearts, and corruptions of the times be sufficient to justify Usury; then by the same argument may any other sin be defended. GOD'S Law did ever intend, that men Luke ●. 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. should lend One unto an other: In charity to the poor; In friendship to their equals, to receive the like courtesy again. Which Duty, if men would perform, there were no necessity of Usury. 5. It may be, without taking up money of the Usurer, the Tradesman cannot live in that bravery, and fashion, nor drive His Trade to that height, nor purchase so much land, keep such a Port, and state, etc. But let Him know, that it is a thousand times more comfortable to carry a lower sail, to content Himself with moderate and lawful means of getting, to keep a good conscience; then to enrich Himself by such practices, as be either forbidden, or doubtful. Better is a little with the fear of the Lord, Pro. 15. 16. then great treasure with trouble; trouble of conscience, at the hour of death. Whosoever layeth this for his ground; that He will be rich: worth so many hundreds within such a time, etc. must needs ensnare His conscience with many necessary evils, whereof Usury is one. For they that will be rich, saith the Apostle, fall into temptations 1 Tim. 6. 9 and snares, which drown men in perdition, and destruction. But the Law of the Land allows it, saith the Ob. 5. Usurer therefore I hope it is lawful. 1. I deny the consequent, No Law of man Answ. 1. can abrogate, or disannul the Law of GOD. It is not the Law of man, but the Law of God, Accusatio enim potius, quam executati●, ubi mand●ti est a perta transgressio Aug de Civit, Lib. 14. 14. which is the Rule of our Conscience. The Law of Man may clear Thee from civil penalties in the outward Court, and before the Magistrate: but it cannot free Thee from the guilt of sin in the Court of Conscience, and vengeance due by the Moral Law. 2. But the truth is, the Usurer doth grossly mistake. For Usury is branded, and censurable both by 1. The Common Law. 2. Statute Law. 3. Ecclesiastical Law. 1. The Common Law did anciently expose the Usurer wholly to the Censure of the Church. But if the Usurer died in this sin, so that the power of the Church could extend no further, because He died out of the Church: yet than the Common Law discovered and dischargt its edge and hatred against this cruel sin; by taking vengeance upon Him in His goods, and posterity. Omnes res mobiles, & omnia catalla, quae fuerunt Vsurarij mortui, ad usus Domini Regis capientur, penès quemcunque inveniantur res illae. Haeres quoque ipsius hac eadem de causâ exhaeredatur secundum jus regni, & ad Dominum, vel Domines revertetur haereditas. Randulphus de Glanduilla, Hen. 2. lib. 7. cap. 16. His goods were all forfeited to the King, and His Lands returned to the Lords of the fee. Neither was this meant of any immoderate Usury above ten in the hundred. For the same Glanvile, who was Lord chief Justice of England, in the days of Henry the second, teacheth, that Usury is committed, when a man having lent anything, that doth consist upon number, weight, or measure, doth take anything over, and above His loan, lib. 10. cap. 3. Edvardo Rege. 1042. 37. De Vsurarijs. Leges boni Regis Edvardi▪ qui regnare coepit Anno Salutis 1042. Pro Exlege For an Outlaw, and so deprived of the King's protection, and of His Laws. Vsurarios quoque defendit Rex Edvardus, ne remaneret aliquis in toto regno suo. Et si quis inde convictus esset, quod foenus exigeret, omni substantiâ propriâ careret, & posteà pro Exlege haberetur? Hoc autem asserebat ipserex, se audisse in curiâ regis Francorum, dum ibidem moraretur, quod Vsura radix omnium vitiorum esset So detestable was an Usurer in the eye of the Common Law, before any thing was provided by Statute. 2. As concerning the Statute-Law now in force; Men (looking only upon the practice of Usurers, and connivency of Magistrates; not upon the Act of Parliament itself made Anno 13. cap. 8.) very much mistake, when they conceive that Usury hath any approbation thence. For how can it be said to allow it? 1. Sith the Title of it, is an Act against Usury. 2. And the statute itself calls it a sin, and detestable, and forbidden by the Law of GOD. These are the words: For as much as all Usury being forbidden by the Law of GOD, is sin, and detestable: What security then hast Thou to thy conscience out of this statute, for thy practice of Usury? Nay how doth it permit it? Sith all Usury above ten in the hundred is thereby to be punished with the forfeiture of the triple value of the principal: Nay, any at all, whether it be after the rate of ten in the hundred, or under, though it were but of one in the hundred, is to be punished with the forfeiture of the Usury or increase. Hear the Proviso of that noblest Parliament of late. jacob. 21. in their Act against Usury. Provided, That no words in this Law contained, shall be construed, or expounded, to allow the practice of Usury, in point of religion or conscience. 3. Even the latest Canons, Can. 109. rank Usury amongst notorious Crimes. Would have Usurers presented; severely punished; not admitted to the Holy Communion, till they be reform. Hear Our Church's Doctrine. Verily so many as increase themselves by Usury, by extortion, by perjury, by stealth, by deceits, and craft; they have their goods of the Devil's gift. Hom. For the days of Rogation week. P. 2. P. ppp. jjj. But both are gainers, may the Usurer say, Ob. 6. both the Borrower, and the Lender. Here then is no breach of Charity, etc. 1. By the same reason, may a man justify the Answ. 1. Officious Lie to keep His friend out of danger. But the truth is, both lying, and Usury, whatsoever good, or gain come by them, are stark nought, because forbidden in the Book of GOD. Wherein, It is a constant Rule. That we may not do evil, that good may come thereof. Rom. 3. 8. Suppose a fellow sell an 100 stolen sheep to some of His Customers for 40 lb. Here they are both gainers: But yet for all that, there is notorious villainy. A Minister comes to a covetous Patron; gives Him an 100 lb. for a presentation to a living of an 100 lb. per Annum. Here, they are both gainers: But yet for all that, Here is execrable Simony. 2. If the Borrower gain by accident, in respect of the event, or any accidental concurrence; It is no thanks to the Usurer: For His contract nevertheless is unequal, and unconscionable: Because He covenanteth for certain gain, out of the Borrowers uncertain traffic, from that, which hath no fruitful use in itself, but is spent in using, (I mean money:) always out of labour and pains, care, and cost, hazard, and peril to the Borrower. Whether He gain, or lose, whether He sink, or swim; or whatsoever become of the principal, whether it be lost by fire, or be taken away by thiefs, or perish by shipwreck, or miscarry by any other calamity; He having made an absolute covenant for the restitution of the principal with Usury, is ready by virtue of the same to demand it, as well out of the loss of the Borrower, as out of His gain. Now thus, Out of the uncertain negotiation of the Borrower to covenant for certain gain, is not only uncharitable, but also unjust, and unequal. Exc. But the Borrower, will the Usurer say, is in a manner sure to gain. Rep. Why then (say I) will you not adventure with Him? For if the Lender will be content to hazard His principal; so that, He will not only look for no gain, but when the Borrower gaineth; but also will be content to bear part with Him in His loss, He shall not deal by Usury, but by partnership. 3. Where there is no justice, there can be no It is unjust to exact any money, where there is no commutation: But the Usurer the principal being safe doth exact Usury, not for any thing else, but for the Duty of lending only. Ergo, It is unjust to exact Usury. charity: but Usurious contracts are unjust, therefore uncharitable. An usurious contract including an absolute covenant for gain, provideth for the lender's certain gain, as well out of the Borrowers loss, as out of His gain, which is very unequal, and unconscionable. But see the injustice of Usury punctually and plentifully proved by M. Fenton. pag. 98, 99, etc. It is against justice, because there is a certainty of gain exacted, where no gain is, or can be certain. 4. There is a breach, and violating of charity, where an Act of charity, liberality and mercy is turned into an Act of self-love, and covetousness and cruelty: But in the exercise of Usury, The contract of mutation, which the Lord hath ordained, to be an Act of charity, Psal 37. 26. & 112. 5. and liberality, is turned into an Act of self-love, and covetousness and cruelty, therefore it cannot be denied, but charity is thereby violated, and liberality set to sale. 1. Into an Act of self-love: For whereas by the ordinance of GOD, and by the Law of nature, lending is free, and charitable, intending the good of the Borrower, and not of the Lender: Usury hath made it illiberal, and uncharitable, intending the lender's profit chiefly, if not only, and seeking, yea covenanting for the lender's gain, as well out of the loss of the Borrower, as out of His gain. Lending was not ordained to be a contract of negotiation, but an Act of charity, and liberality, wherein the Lender should not respect His own gain, but the Borrowers good; Lending therefore upon Usury is made an Act of self-love, wherein the good of the Borrower is sought either not at all, or but in a secondary respect, as it serveth or furthereth the Lender's gain. 2. Into an Act of covetousness: For lending hath these three fountains: 1. Christian charity. When a man dareth for the LORDS sake to His needy neighbour, looking for nothing again. 2. Civil love, and humanity, when He dareth to pleasure His friend, looking for His own again. 3. Covetousness, when He looketh for more than His own. 3. Into an Act of cruelty. A good man, saith David, is merciful and dareth. He than that perverteth this Act of Bounty and mercy to prey upon the want and necessity of His Brother, by covenanting absolutely for gain by lending where He bears no hazard, is unmerciful. He that increaseth His riches by Usury and interest, gathereth them for Him, that will be merciful to the poor. By which Antithesis, it seems that Solomon sets mercy in opposition unto Usury. See D. Fent. pag 106. And In Decalog. therefore Luther doubted not to call the Usurer a Bloodsucker of the people. Neither doth Usury only deprave the Duty of lending, but quite dry up the Fountain of love, for all free loan. Whereupon saith Bucer, A man may seem now adays, to be very Append. in Psal. 15. impudent, That shall desire to borrow freely: for he that dareth freely, doth for the most part make this account of His benefit, that besides the forbearance of His money, wherewith He doth pleasure the Borrower; He doth as much for Him beside, as if He gave Him the tenth part of the principal, out of His purse. There are two Acts of liberality: Dono dare, & mutuo dare. To give freely, And To lend freely. And this latter, whereby one man doth supply the necessities of an other, is so necessary, that humane societies cannot stand without it. Usury having stepped into the room of free lending, you shall have Usurers, and Patrons of Usury not ashamed to say, that Commonwealths cannot stand without Usury. Without lending indeed they cannot, but without Usury, they both might, and aught. See before more particularly, how Usury offendeth, both against private, and public charity: And is ever hurtful either to the particular men that do borrow, or else to the Body of the Commonwealth, whose common profit is in all contracts especially to be regarded, pag. 4. 5. Charity is kind, 1 Cor. 13. 4. Usury cruel. Charity seeketh not her own, ucr. 5. Usury seeketh an other man's: what conjunction then between Charity and Usury? 6. Suppose the Borrower be sometimes holpen by Usury, yet notwithstanding all Usury is against charity: for the practice of it cannot stand with charity, and our allegiance to GOD, who hath forbidden it, denounced His judgements against it, made gracious promises to them that will do the contrary: Nor with our charity, and duty to our country, unto which Usury is in many respects noy some: nor with that love, which we owe to our own souls; for whosoever putteth forth to Usury, or taketh increase, He shall not live, but die the death. Nay Usury is ever repugnant to charity, if not as a hurtful thing to our neighbour, yet as an unjust thing in itself. As hath been proved. But I hope, saith the Usurer, I may take use Orb. 7. of One, that is richer, and wealthier than myself, etc. 1. If thy Friend be rich and wealthy, and Answ. 1. have means of His own, to supply His wants, Deut. 15. 7, 8, 9 He ought not to borrow. The HOLY GHOST in the Borrower presupposeth need. And by lending in such a case to agreedy dealer in the world, that seeks to engross, and forestall commodities, and covetously to compass great matters, Thou approoves thyself no good steward of GOD'S blessings; and may so make thyself in some sort accessary to His ambitious, covetous, and irregular humour, and practices; and mayst give Him weapons to do hurt withal. But if thy wealthy friend have some present occasional need, (as the richest may have) then if Thou canst spare it, lend in kindness, and neighbourhood, to receive like courtesy again an other time. This in such a case, is consideration enough for a Christian, because the Heathens desired no more but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: For even sinners, Luke 6. 34. saith CHRIST, lend to sinners to receive the like: the like kindness an other time upon the like occasion. Humane society cannot stand without lending, and borrowing, saith Basil. And wherefore hath GOD made men sociable creatures, but to help one another upon such occasions? In a word, To those, who have no need to borrow, we need not lend. But if we do lend, we must lend freely: or if we will look to gain, by those, which need not our help, we must deal with them, by some honest contract of negotiation. For loan is such a contract, as GOD hath appointed to be free; and where it is not free, He hath condemned it with fearful Loc. Com. de pauper. cap. 2. terms under the name of Usury. In humane societies, saith Ch●mnitius, GOD would not have all things set to sale; but He requireth that some duties should be free, which are deformed, and depraved, if either they be sold as things saleable, or set to hire as mercenary duties. 2. Thou must wrong neither rich nor poor: but out of the uncertain negotiation of the borrower to covenant for certain gain in that manner, as I have said before; and to compound for profit only, and to pluck thy neck and shoulder from all peril, and losse-bearing is unjust; Ergo, etc. 3. Thou shalt not lend upon Usury to thy Brother, saith the Law, Deut. 23. 19, Now saith jewel, He is thy Brother, whether He be poor or rich. See before pag. 3. And He is against you a witness of extraordinary validity, because you pretend He is for you. Is not the use of money for a time worth money? Object. 8. And therefore if no more be taken, than the use is worth, there is no iniquity. 1. So money which was ordained to be the Answ. price of all wares, and the measure of all bargains, is made a ware, contrary to the nature of it. For Quod est medium venditionis, non potest esse terminus. Kockermans' distinction therefore of 1 Mensura acqu●rendi: and 2. Modus acquirendi, is idle, & petitio principij: A begging of the thing in question. For the question is whether money may be a modus acquirendi. 2. The Rule holds in buying and selling, but not in Acts of Charity; therein it is no good Rule. Thou bidst, for the purpose, thy poor neighbours to dinner: This is money worth, for it cost thee money, and saveth them money at home: yet Thou wilt not set a price upon it. Why? because it is a work of charity. Thou bidst thy rich neighbour sometimes; that which He eateth is worth money: yet thou wilt take none, but think foul scorn it should be offered. Why? because it is an Act of kindness, of neighbourhood, of friendship. These things may not be bought or sold, the nature of them is to be free. Lending is a work of mercy to the poor, of kindness to thy neighbour, and therefore is ever f●ee. It is an unjust thing to sell charity, or friendship, as it is to sell justice: both are naught; this is bribery, and that is Usury. 3. I insinuated before, the reason why money cannot be lawfully let, as well, as other things: none of those respects are incident unto money for which hire is lawfully required. For 1. Things which may be let have a fruitful use in themselves, which a man may let, and alienate for a time, reserving the property to Himself: But money, and those other things, which are the subject of Usury, are spent in the use, have no fruitful use, which either may be severed from the property, or valued apart. 2. The Hirer after the enjoyment of the thing Hired, restoreth the self same particular, being for the most part impaired in the use. The Borrower of money restoreth not the same particular impaired in the use, but the full value of the principal, rather with better than the worse. 3. The letter to hire, as He retains the property: so He beareth the hazard: but it is contrary in Usury. 4. To say nothing of the cost and charge, the letter to hire, is many times at, with those things He letteth: whereas the Usurer is at no cost at all. But may not the Usurer as well receive 10 lb. Object. 9 for His 100 lb. in a year, as the Merchant by employment of His 100 lb. perhaps 20 lb. or above, nay I know not how much sometimes. I justify none iniquity, or exorbitancy in Answ. Traffic, or any other Trade. But for the present instance, there is great difference. In the Merchant's negotiation there is considerable: 1. Necessary cost. 2. Industry. 3. Hazard. For all which, or any one of them, a proportionable gain may be allowed. But in Usury none of these are to be found, and therefore no gain should accrue thence. Doth the Usurer take any pains for the gain of His money? Nothing less. Usury is a gainful See F pag 95. idleness, whereby men do eat of the sweat of other men's brows. For whether they eat, or drink; sleep, or wake; work, or play; be sick, or whole, etc. Their gain by Usury cometh in alike. Is He at any cost for the bringing in of His gain? Not of a halfpenny. Doth He bear any hazard? It is no part of His meaning. He requires a covenant of the Borrower for the payment both of the principal, and also of the use, at a certain time. For performance of which, before He will lend His money, He will have what security He please: By bonds, statutes, pawns, sureties one way, or other: so that if the principal, or any part thereof be lost, it is lost to the Borrower, but it is safe to the Usurer, by the very contract of Usury, ratified by other securities. But the use I take, may some of them say, is Object. 10. moderate, and more reasonable, I take not above 8. in the 100 or under, etc. 1. Why then I say, Thou art like a kind Thief, Answ. 1. who having taken 40 s. from a man by the highway, throws back perhaps some ten groats to bear His charges home. 2. By so doing, Thou sin'st less indeed then those cruel, and cutthroat Cannibals that beside after 10. in the 100 must have a load of Coals or some other gratuity. But for all that, thou art not freed from usurious guilt, and greediness. Suppose a malefactor at bar should cry out unto the Judge; that whereas His fellow-prisoners, some of them had stolen Horses, others broke houses, others robbed by the high way, others killed men; He only had but stolen a few sheep: would this acquit Him? Nay He would be burned in the hand for a rogue at least. Let no man bless Himself in the willing practice of lesser sins: Any lien in willingly and delightfully will ruin the soul eternally. A Penknife thrust unto the heart will dispatch a man as well, as all the daggers that stabbed Caesar in the Senate House. Modica sunt, saith one, quae perdunt nos. They be those little Ones, that undo us. A moat in the eye, if it be not got out in time, may grow to a pin and web. A man's conscience may suffer shipwreck as well upon a sand, as upon a Rock. A Rock is a great One, a sand is a heap of little Ones. See my Exposition upon the Creed, pag. 134. 3. When men make question of moderate Vsura est peccatum non solùm in se, sed etiam secundum se, & ideo ex nullâ circumstantiâ benè potest fieri. Schoolmen. Usury, whether that be lawful or not: They might as well make question, saith Chemnitius, whether moderate adultery, or moderate lying, or moderate theft is lawful: For as Adultery, as lying, as theft are things in themselves and unlawful, so is Usury. But the Borrower, saith the Usurer, holds Object. 11. Himself much beholding unto me, tells me that I very much relieve His necessity, that I help, and pleasure Him exceedingly, and that He could not tell what to do without his money. 1. Even so, suppose a poor man lying by the Answ. high way, ready to die for hunger, and there comes a Baker by; from whom He entreats a penny loaf: The Baker meaning, (as Usurers commonly done) to take advantage of the poor man's extremity, seemeth unwilling to sell Him any; will not the poor man in this extreme necessity, be most willing to give twelve pence, for that which is not worth two pence? Yes undoubtedly, He would in such a case with all His heart give six pence for a penny loaf, and thank Him too, and tell Him perhaps He saves His life by it. But for all this, the cruelty of the Baker were much to be condemned, that would pray so unmercifully upon the bleeding misery of His dying Brother. Semblambly, A poor man in danger to be driven out of home, and harbour as they say, or in some other heavy distress, would be ready to tell the Usurer, that He doth Him an high pleasure, that but for His money, He should be undone, etc. Yet for all this, the mercies of the Usurer in such a case, were but cruelty, as Solomon saith somewhere of all the wicked. 2. Thou easest and pleasures Him indeed with the principal for a time, but thou eatest Him up and plaguest with the use. Thou art in this point like joab, who took Amasa by the beard to kiss Him; but secretly thrust His sword into the fifr rib, and dispatched Him: Thou comforts Him for a while with the loan; but by little and little, cuts His throat with the usurious lucre. There is a worm in Latin called Teredo, that useth to breed in wood; which is very soft to touch, yet hath such steely teeth, that it eats into the hard timber: So the Usurer is a soft Beast, at first to handle, but in continuance of time, His Cannibal chaps devour both flesh and bone, marrow and life of the Borrowers estate. The Ivy clasps about the Oak, as a lover and a friend, as though it would keep it warm, and cherish it; but thereby it grows up, overtops the Oak, and sucks out the juice and sap, that it cannot prosper: So just doth the Usurer pleasure the Borrower. See before pag. 3. And pag. 1. 3. The kindness and good Thou dost to the Borrower in this case, is like that, which Thou shouldest do to a man in a burning Ague, in giving Him cold water to drink: for the Oblatio quidem blanda, sed immanis exactio. De Tobia Cap. 12. present it refreshes Him, but after it doubles His pain, and increaseth His danger. Whereupon saith Saint Ambrose, The offering of the money is flattering and pleasant, but the exacting of Usury is most cruel and unmerciful. 4. Hear Saint chrysostom in His time: (For the same cunning, and cavilling did also colour Usurer's covetousness then.) Noli m●hi dicere, quaeso, gaudet, & gratiam habet, quod sibi soenore pecuniam colloces: id enim crudelitate tuâ coactus fecit. Do not tell me, saith He, that He is glad, and gives Theethankes, because thou wilt let Him have money to use: For He is constrained by thy cruelty to do so. But what say you to the case of Orphans? Object. 12. What shall become of Fatherless Children, Widows, and distracted men of their wits? Suppose all these, for their maintenance, have a stock of money left them: They being not able to employ it, How shall they be maintained, but by the use of it? For if they spend of their stock, what will become of them when their stock is gone? 1. I might well be excused from answering Answ. 1. this Objection, at this time, because our common Usurers, against whom, I now purposely deal, and dispute are not Babes and mad men, except it be spiritually, but many times of great understanding and wisdom in worldly matters. 2. If Usury be sinful in itself, it is evil in all, though in some more, in some less. If it be forbidden in GOD'S Book, as it is in many places directly and clearly, what circumstances, good meanings, Motives, End, or any thing can make it lawful? Except the royal Deut. 23. 19 Prerogative of the mighty LORD of Heaven and Earth, who is the Lawgiver, and whose holy Will is the Rule of Justice, interpose and declare itself otherwise, as in the present point, in the ●ase of strangers for a time. Though therefore, the relief of the fatherless, and widows be good, yet must it not be done by Usury: For that is to do evil that good may ensue, which is condemned by the HOLY GHOST, Romans 3. 8. 3. The Usurer should rather ask what shall become of those Orphans, and Widows which have not stock; for whom not withstanding God doth graciously provide, though they use no unlawful means. 4. There were Widows, Fatherless, and men distracted amongst the Jews; in that excellent Commonwealth, constituted by GOD Himself; and yet no allowance of Usury unto them. If Almighty GOD in Wisdom had thought it meet to have tolerated Usury in these persons, He might as well have mentioned the same, as He doth the toleration of lending to strangers. But it seems to have been so far from GOD'S meaning, that in the very same place a Exod. 22. 22, 23, 24. where He maketh a Law for the safeguard of Orphans, and Widows, presently, and b Ver. 25. immediately upon it, is annexed the Law against Usury. Shall these then, who are so well provided for, by a special Law of GOD, be transgressors of the very next Law unto it? 5. Widowhood, and Fatherlesnesse, in respect of the former state of having Husband and Parents, are a state of Humiliation, for the outward condition of this life: But by this unhappy Trade of Usury, they are made a state of exaltation. For whereas, in the days of Husband and Parents, their stock by honest, and lawful negotiation, was subject unto manifold perils; and by peril unto great, and daily losses: The practice of Usury now, doth provide by sufficient Bonds against all these, with great increase of gain: bonds so sufficient, and absolute, that except GOD dissolve them beyond all expectation, they are strongly secured against any disaster, or danger. So against GOD'S Ordinance, and intention, labour to turn a cross into Blessing. 6. The LORD hath vouchsafed to Orphans, and Widows a singular privilege of many very gracious promises peculiarly made unto them: * Exod. 22. 22. & 23. 24. Deut. 10. 18. Chap 14. 29. Chap. 18. 11. 14. Chap. 24. 17. 20. Psal. 94. 6. Psal. 146. 9 Esa. 1. 17. 23. Chap. 10. 2. Jer. 5. 28. Chap. 7. 6. Chap 22. 2. Zach 7. 10. Mal. 3. 5. 2 King 4. Mat. 23. 14. Jam. 1. 27. let them therefore, or their friends for them, depend upon the gracious providence, and promises of GOD, in the use of lawful means: let them employ their goods in some honest Trade, or negotiation, wherein they have as good cause to expect a blessing from GOD, as any other; Or let them deal by partnership: or by annuities for their lives; or purchase Lands, or Rents for ever; Or let some other honest course be taken, which wise men can easily devise, if they list, and were as hearty for GOD'S glory, as earthly gain. And let not children be tainted and maintained with the contagious, and insinuating sin of Usury. Exc. Well then, saith the Worldling, suppose for instance, the stock be employed in Partnership, or any other course of Traffic, in which the Orphans stand to the hazard of the principal; I would know in such a case, what would become of the Fatherless Children, if the principal perish; were they not quite undone? Rep. I answer, who are we, that we should exempt Orphans from being subject to GOD'S providence, and ordering. Do not all men's goods in the world depend upon GOD'S disposing and blessing? Do not all men stand to His providence, and must be subject thereunto? Shall Orphans then only be exempted, that GOD shall have nothing to do with their stocks; but bless He, or curse He; they must be sure to be provided for, to have still so much certain yearly; and to have their principal secured? This ought not to be. Especially, sith they are honoured with so many excellent particular promises of GOD'S providence, and singular protection. But some learned men allow it, etc. And so Object. M. S. I come to survey your Hold for Usury, the weakest of many rotten Ones. You have marshaled together eighteen. 1. Suppose all these were on your side, I Answ. 1. oppose against them, many more, very Worthy, and Learned men in this Age, the testimonies of all the learned in former Ages both Christian and Heathen, the censures of Counsels, the authority of the Word of GOD. See before, page 1, 2. Nay hear your own Man, as you pretend. Worthy jewel: But jewel upon 1 Thess 3. 6. pag. 80. what speak I, saith He, of the ancient Fathers of the Church, (having produced many against Usury) There was never sect, nor state, nor degree, nor profession of men, but they have disliked it: Philosophers, greeks, Latins, Lawyers, Divines, Catholics, Heretics: All tongues, and nations have ever thought an Usurer as dangerous, as a Thief. The very sense of nature proveth it to be so, if the stones could speak, they would say as much. The general Current, and consent of the Church for above this fifteen hundred years without Opposition, hath condemned it: what a weak hold than is your Handful M. S.? 2. Divines pretended for Usury deal with it, as the Apothecary doth with poison, working and tempering it with so many cautions, and limitations, that in the end, they make it no Usury at all. See in this point, Dow. posit. of Usury pag. 53. Dow. pag. 273. etc. Fent. pag. 62. After they have examined the point, and answered the reasons, as they think, which are usually brought against Usury by the School; yet in conclusion put all their limitations together, they agree upon no Usury at all, as it shall be defined by and by. Single them out one from an another; there is not any one of them, who dares defend any such ordinary Usury, as is amongst us practised with greatest moderation. Fent. pag. 144. And therefore in the third place, I say: 3. Though some have somewhat declined the beaten way in this point: 1. Transported perhaps with some prejudice against the Truth, by reason of some weak * As that taken from barrenness of money 3 and the unnatural brood of Usury, etc. See Fen. pag. 64, 65. Arguments they have met with in the point. 2. Or because in detestation of Usury, some lawful contracts also have been condemned by some for Usury, which do but coast upon it: Yet where dwelled that Divine, that to this day durst ever appear in print, a Patron of Usury properly and truly so called, commonly practised at this Day in this Land, and condemned in the Book of GOD: Which only I ordinarily preach against, and at this time oppose. And thus define: (For upon purpose, I deferred the definition to this place, as fittest and most seasonable.) Usury is a gain above the principal, exacted Usura est lucrum ex mutuo pactum. by covenant, merely for lieu of lending. Or thus: Usury is gain upon covenant, for loan. Or thus: A lending for gain by compact. See how this definition distinguisheth Usury from all other contracts: F. pag. 16, 17. Dow. pag. 157. etc. This I say, is Usury truly and properly so called, commonly practised now adays; forbidden in the Book of GOD, questioned by Covetousness, only in this last Century past: And which I censure in my Book, and Sermons, and oppose in this Discourse. There is, as some call it, 1. A liberal Usury: Which is only a gratuity or free Gift, which the Borrower finding Himself much benefited by the Lender's Si debtor usu alieni aeris multum lucratus est, vel magnum aliquod damnum evasit, certè ex gratitudinis Officio, & mutuo respectu Charitatis obligatur ad antidora. Rectè enim dititur in officijs charitatis, primo loco illis tenemur obnoxij, a quibus nos beneficium accepisse agnoscimus. Nec peccat Creditor accipiendo, quia differunt officia charitatis, & Usura. Sed sic levissima occasione quaeritur praetextus Usurae. Si enim vel pactum, vel intentio precedit, quòd alias non erat mutuaturus, nisi ultra sortem gratitudinis loco aliquid accipere●, revera est Usura, quocunque nomine appelletur. Chemnit. Loc. Com. de paup. pag. 458. courtesy, doth of His own accord, in testimony of His thankfulness freely give to the Lender, who neither intended when He lent, nor expected whiles He forbore, any gain, much less covenanted for it. But in this Case, although the Lender receive some allowance, above the principal, yet He committeth not Usury: Because neither the contract, which He made, was lending for gain: neither is the overplus, which He receiveth again, either covenanted, or intended, or required for loan: But a gratuity, or thankful courtesy, which may with good conscience be given and received from an able and willing Giver. There is also, as some call it; 2. A recompensing Usury, Which is nothing else, but a just recompense, which the Debtor, having through His default been the effectual cause of the Creditors hindrance, doth owe unto Him by the Law of nature. Understand it thus: A man dareth for a time freely; that time being expired, His money is retained longer against His will; for want whereof. He is damnified. If the Lender receive an overplus in this case above the principal, answerable to the damage, which He hath suffered; this is no Usury, but due and just satisfaction. No Usury, because increase is not taken for the loan. Forloane is a voluntary Act: whereas this money was not willingly lent, but retained by force after the time, it was due. If the Lender had been damnified, by the forbearance of His money, during that time, which He lent it, He could in strict justice have exacted no satisfaction, because it was His own voluntary Act: Volenti non fit injuria. But the time being come out; to receive overplus for His loss sustained, is no Usury; but a just recompense, Which is properly termed interest: Which may grow due, say Divines two ways: 1. Ex damno emergente, By loss arising: For example; I lend Thee an 100 lb. which Thou undertakest to repay at the end of six months: which time being expired, and thou either through negligence, or unfaithfulness, failing of thy promise, I incur a loss; as the forfeiture of a Bond, bargain, or lease, etc. or by taking up money upon Usury, to prevent that loss etc. 2. Ex lucro cessante, by gain ceasing. As when by missing my money at the day, till which I lent it; I am hindered, of buying at the best hand, provision for my house, wares for my trade, stock for my grounds, or some other certain or very likely gain. (Where by the way we may see why it is called interest: because one may say intersuit meâ habuisse: It behoved me, It stood me upon to have had it: And now by your default I sustain this loss, I am thus hindered) Now in these two Cases, I may lawfully provide for mine indemnity, by exacting an equal recompense at thine hands: and thou art bound in conscience to make good this loss, or hindrance, which through thy default I sustain. But herein observe such cautions and conditions as these. 1. That interest is to be rated, and proportioned not according to the gain or Benefit which the Borrower hath reaped, by the employment of the money; but according to the hindrance, or loss, which the Creditor sustaineth through the Borrowers default. 2. That Interest is not to be required, nisi post moram: but only after delay, and default committed by the Borrower: For until then, the Borrower, (unless He were such an One as could compel the Creditor to lend) is not the effectual cause of the Creditors loss. 3. Neither is it ever to be required after delay; but only then, when the Creditor hath indeed sustained loss, or hindrance, by the Borrowers delay. 4. That the Creditor do not voluntarily incur any loss, meaning to lay the burden thereof on the Borrower, but do His true endeavour to avoid it. 5. That He put difference between Him that breaks day, through negligence and unfaithfulness: and Him, that breaks day through want and necessity, which He did not foresee: and let Him remember; that where is no fault there ought to be no punishment. 6. That the estimation of the interest, be not referred to the Creditors own arbitrement (For it is not fit, that every Creditor should be His own 〈◊〉) but committed to the judgement of some other honest and discreet men. Such conditions as these, attended, and observed, It is lawful for the Creditor, in the forenamed Cases, to require an overplus besides His principal: which overplus notwithstanding, is not Usury. For there is great difference betwixt them: 1. In Usury the Lender intendeth, and seeketh gain: by interest, He only provideth for His indemnity: Or thus: The Usurer seeketh by lending to be a gainer: But the receiver of interest truly so called, seeketh only to be no loser. 2. Usury is intended, or perhaps covenanted for, in the very contract: Interest is not intended at the first, but happeneth after delay. 3. Usury is a gain, which from the time of the contract, until the time of payment, accrueth to the Lender: Interest is a recompense of the loss, which after the Day appointed for the payment, the Creditor sustaineth through the Borrowers default. 4. Usury is against equity, conscience, and reason: Interest standeth with them all. When as therefore men pretend the honest Lib. de definite. appellat. name of Interest to their gainful Usury, it is pernicious Sophistry, saith Melancton. Exc. But 1 may not I, may some Usurer say, expect consideration for the gain which I might have raised from the employment of my money, all that time, which I lent it; as well as 〈◊〉 recompense post moram as they say after delay, etc. 2 I might have employed it myself, and perhaps have been a good gainer: 3. And therefore I have forborn it to my hindrance, and by consequent deserve recompense even for the time of lending before delay. Rep. I answer in order to the three branches of this Exception: To the First: By no means. For by the ordinance of GOD, and Law of nature, lending is free and charitable, intending the good of the Borrower and not of the Lender: and therefore ought not at all to become saleable and mercenary. An Act of charity should not be bought and sold. See before in diverse pages: and Luke 6. 34, 35. Where lending is commanded, without providing for indemnity, in receiving the principal, if so their Brothers need truly require: much more without requiring an overplus above the principal: Which CHRIST saith in the same place even sinners would do. Now therefore, if there could no other reason be given, why men should lend freely, and not for gain, yet this alone were sufficient, because GOD would have us lend freely, and not for gain. It ought to have been argument sufficient to our first Parents, to restrain them from the forbidden fruit; That GOD had forbidden it; though they had had other reasons to induce them to ear thereof. And as in that case, so in this, it is sin, and folly, to enter into disputation against the Word of GOD, according unto which, we shall be judged in the last day. The will of GOD, is the Rule of justice, and whatsoever He willeth, it is therefore good, and just, because He willeth it; and consequently simple, and absolute obedience must be performed thereunto, whatsoever arguments, impediments, or inconveniences can be pretended to the contrary. Secondly, Thou mightest, sayest Thou, have employed it thyself. But how? By negotiation and traffic? That's not likely. Usurers love not to be Adventurers; there is too much hazard in Traffic. But suppose Thou hadst, it may be thou shouldest have been a loser: And therefore, set Thy fear of loss by adventuring, which Thou escapest by not hazarding the principal, against thy hope of gain, which Thou looked to receive, if thou hadst adventured: And let thy possible game, which Thou hast miss, be recompensed with the possible loss, which thou hast escaped. And know this, that the hindrance of uncertain gain is not to be allowed after delay, much less before: Neither can uncertain hopes be sold with a good conscience for certain gain, especially to those that do not buy them. Thirdly, But thou forbearest thy money to thy hindrance. Lay aside usurious pretences. Canst Thou not indeed without thine hindrance forbear thy money? Consider then the state of Him that is to borrow. 1. Is He a prodigal, or riotous person? feed not His sensual humour and vanity. 2. Is He a covetous dealer in the world, that seeks to compass great matters; and to be an engrosser, or forestaller of commodities to the prejudice of the Commonwealth? Make not thyself accessary to His covetous practices: To such, thou oughtest not to lend. 3. Hath the party no great need to borrow? To such, Thou needest not lend: or if Thou dost; thine, hindrance, if Thou sustainest any, is merely voluntary, and of such an hindrance, Thou canst require no recompense of Him, who hath not been the effectual cause thereof. 4. Is the Party an honest man, and hath need to borrow? Then if the LORD hath We are not bound to lend to any but to such as be in want: enabled Thee to lend, Thou art bound to lend, Though thou shalt sustain some hindrance: yea sometimes, though thou shouldest hazard the principal, Thou must willingly And to such, if we be able, we must lend freely. yield unto both, as imposed of the LORD: Neither must Thou seek gain out of His need, but lend freely for the LORDS sake, who requireth this duty at thy hand. See Deut. 15. 8. Psalm 112. 5. Matth. 5. 42. Luke 6. 35. But before I pass out of this point, let me acquaint you with an Hypocritical Trick of some cunning Usurers. Who if they hear a man preach, or argue against Usury; and feel themselves touched: They presently labour to daub and divert, by ask, whether He mean all Usury: And they hope all Usury in general is not to be disliked, etc. Is there not some Usury allowed by some Divines, as liberal Usury, Recompensing Usury, etc. Whereas they cannot but know in their own consciences, except they wilfully blind themselves, that this is nothing to the purpose; that they meddle not these ways, that hence, they get no patronage, or defence at all for their wretched Trade, and practise of Usury truly so called; poisoned by the covenant for certain gain, where it is uncertain, whether the Borrower shall gain at all or lose. Which differs formaliter as they say, from these now mentioned. For they are only called so improperly, and equivocally, as we speak in the Schools: * If a man should set out the excellency of a man, discoursing of the admirable faculties of the soul, the goodly structure of His Body, etc. Were not He ridiculous that should step out and say: But I hope He means not all this of man in general. For a dead man hath no such thing, &c So, etc. The venom and poison of the unconscionable covenant and by consequent that life of iniquity is not found in liberal, or recompensing Usury. As a dead man is called a man. I say the 〈◊〉, (which is not to be found in liberal, or recompensing Usury) empoisoneth. For it is said, Exod. 22. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Non imponet is super cum Vsuram, you shall not impose, or lay upon Him Usury. And works of mercy, bounty, or favour, as giving, and lending; are in their own natures not any ways capable of bargain, and sale. See before many reasons to this purpose scattered here and there, as occasion was offered. But lest any mistake, and deceive themselves, and others: Consider the Latitude, which Divines give to this term of Covenant in the definition of Usury truly so called. It may be either 1. Real, by pawn laid in both for principal, and Use. 2. Or literal, by writing without pawn, as by Bill, Book, or Bond. 3. Or Personal, without writing, in taking an other Man for surety besides the Borrower. 4. Or verbal, either by promise without surety before witness, or by secret stipulation, between themselves without witness. 5. Or silent, without word, witness, writing, or pawn. And this silence: either 1 Of one Party, thus: An Usurer saith: I will lend you thus much money; but so much use you shall pay me: The Borrower takes it in silence: this silence is a promise; and that promise a covenant. 2 Nay where there is silence on both sides, there may be an Usurious covenant. A common Borrower comes to a common Usurer, to take up an hundred pound for three months: there is neither Bill, bond, promise, nor demand for any use: Only this: The Borrower knows, how that Usurer never dareth▪ His money but for 10. in the 100 Likewise the Usurer knows, how that Borrower never taketh up, but upon use. The very Act of borrowing, and lending in these two Parties, by common intendment, is a covenant for Usury: And every covenant whatsoever, whether it be silent, or express; whether it be bare, and naked in promise; or invested by further security, if it be a covenant for loan, it is Usury. I know in this point of Usury, the wit of man, which will work like a Mole, to get into the earth, is set on foot by Covetousness to spin out many fine and subtle threads, and to put forth many curious, and intricate Cases, which may seem at first proposition, to promise nothing but fair dealing and conscionable contract, and so upon the sudden pucelle and perplex a good Divine, not so experienced in worldly dealings, (For it is an easy matter to cast a stone into a Pool, which seven wise men will hardly get out.) But such Spider's webs, upon exacter search, proving envenomed with some ufurious bane, are so far from disingaging, that they ensnare their covetous, consciences in more deep, and damnable Hypocrisy. Some Instances in cunning contracts palliated with honest pretences, but upon true search, and due inquisition poisoned with usurious cruelty. I. A man having no charge to leave behind Him, or little care of them, lends out an hundred pound upon condition to receive a 110 lb. at years' end, if He be then living; but if He die, His Executors shall receive but fourscore. This cunning case is corrupted with Usury, say good Divines: 1. Because the gain is certain, in respect of the Lender, and that for the loan only. 2. Because there is no respect had, whether the Borrowers gain be lawful, or not: Nay, whether He gain any thing at all, or no. 3. Because the Lender doth not adventure the principal. 4. Because He doth not rely upon GOD'S providence, for disposing and ordering of His goods: but will be sure of gain, if He live; Howsoever it goes with the Borrower. In a word, His case standeth thus: He See for this purpose, Claytons' case adjudged to be Usury. L. Cook p. 5. of Reports. hopes to live many years; and when He dies, He is sure to die but once: then shall His Executors pay twenty in the Hundred, of such sums only, as then shall be abroad at use. Under colour of this adventure, He lends His money, and lives upon the 〈◊〉 while He liveth. And so takes a course, by this covenant, to be an Usurer, if He live. No condition shall bar Him from it, but only death. Then of necessity, He must die an Usurer by virtue of the same Covenant. And doth any such brainless Worldling think, that His Executors, after His death can redeem His soul from that sin, wherein he died, by paying so much in the hundred, of His wealth, which then shall be none of His? What subtle snares are twisted by greedy wits, to strangle their own fowls, more unobservedly? For in this case Usury is masked under the Habit of hazard, and adventure. Or let the same Case be put in respect of a man's Child: besides proportionable iniquity, as in the precedent. It were seven to One, the Child should be living at the years end. And where the adventure i● not sensible and proportionable, it is but a mockery. II. A man ashamed of open, and visible Usury, doth sometimes practise it mystically, under the colour of selling, thus: When the Seller exacteth an overplus, more than the just value of the ware, only for the time of forbearance, which Himself granteth to the Buyer. By just value] I mean an equality between the wa●e, and the price, according to the common estimation, at the time of the sale. Which equality notwithstanding hath His latitude: Neither must we think presently, that price to be unjust, which is but a little under, or over the precise Arithmetical equality. And therefore, the Seller who granteth time, so long, as He keepeth Himself within the latitude or compass, of an ordinary, and equal price, may not be thought guilty of Usury. And sometimes it may so fall out, (But in such Cases let men take heed, lest the deceitfulness of their own hearts ensuare them) that the Buyer will not be brought to give the equal price, unless He have time for payment: In which Case, Though the Buyer may perhaps think, that He payeth the dearer for the forbearance, yet there is no Usury; because the Seller doth not sell the dearer for time. Only for the time of forbearance] I speak so, because there may be some other reasons, why the Seller granting time, may sell the dearer: 1. When He knows, that, the value of the thing, will be more at the day of payment, then at the day of sale; He may sell it for so much more, as in all likelihood, it will be clearly more worth; His charges, and hazard, (if there shall be any) and the impairing, or diminishing of the thing, (if it be subject thereunto) for the mean time being deducted. 2. If the Thing which He selleth, hath a fruitful use, and yet notwithstanding, that use shall be in all likelihood of no less price at the day of payment, than it was, at the day of the sale, He may take so much the more, as the fruitful use of the Thing, is in the mean time clearly worth, the estimation of the hazard, and charge, being deducted. For the time, which Himself granteth to the Buyer] I add this; because if the Buyer detaining the price longer, than the appointed time, shall be an effectual cause of loss, or hindrance, to the Seller, He is to allow Him Interest, properly so called: And the Seller may with good conscience exact it of Him, especially, if not through want, but through negligence, and unfaithfulness, He useth delay. But when a man selleth His ware, for more than the just price, only because He giveth time to the Buyer, He doth indeed sell time, which is not His to sell: and so under the contract of selling, He committeth Usury: For when the Seller is content to grant time to the Buyer for the payment of the price agreed upon, it is all One, as if He lent that money, for such a time: For the voluntary forbearing of money due to Him for His ware, is all one with loan: And upon such forbearing the Buyer becomes a Debtor, and the Seller a Creditor. For example: Thou sellest 〈◊〉 for 11. pounds to be paid at the end of six months, which Thou wouldst have sold for 10 lb. in present money. This men may call what they will, but it is Usury, after the rate of twenty in the hundred. Some Divines more briefly thus: To sell wares for time, and in respect of time, to fell dearer, may be free from Usury. 1. Either in respect of the rising of the commodity so sold; if by the ordinary course of seasons, it will be worth more, at the day of payment of the money, than it was, at the time of sale, and delivery. 2. Or in Case, a man can neither vent His commodity for present money, nor keep it longer without corruption, or detriment to the ware; nor forbear the money, without sensible prejudice to Himself. These may seem valuable considerations, without compass of this Teane. But admit a man will sell dearer of purpose, for the forbearance; and forbear of purpose, only, that He may sell dearer; without pregnant likelihood of the market rising, at the time of payment, or of damnifying Himself by keeping His ware, or such like valuable considerations; that is Usury. For it is all one, as if He lent so much money for lucre upon covenant. III. Sometimes Usury masketh under the colour of buying, thus: A 〈◊〉 〈◊〉 unto an other 100 lb. The principal to 〈◊〉 〈◊〉 by 10 lb. a year in ten years; and ten pound a year overplus, for the use of that money: This were extreme Usury within the Statute. If therefore purposely to avoid the Statute, He should agree with the Borrower, to alter the nature of the contract, thus: With the same 100 lb. He will purchase an Annuity of 20 lb. foe ten years of the same party: This is * Though it be bargain, & sale: yet upon the matter, the very same, under an other form of covenant: The very intention maketh it Usury. bargain and sale, yet is it the very same Thing, in Truth; differing only in the parchment, and manner of covenanting; subject to the same iniquity, and inequality; poisoned with their joint purpose of avoiding the penalty of Usury, by other conveyances. For if their purpose could by any precedent communication of borrowing or other pregnant circumstances be discovered, the same Statute would condemn them of Usury. But yet, if simply, without any pretence, such Annuity of rent be bought, and sold, we cannot condemn it for Usury. Howbeit, if it be an unreasonable bargain, or be injurious unto any by circumstances, it may be a breach of justice, and charity in an other kind. See ●. pag. 120. Down. 173. I will give you a taste of the truth of my two latter Answers to the last Objection, in some of the Worthiest of your supposed Writers of Usury. 1. Concerning your first Author, T. C. His Manuscript is punctually and exactly answered by an Orthodox Learned Divine, who was ten * See his Book against Usury. pag. 46. years' Professor of the Hebrew Tongue in Cambridge, D. Pie; in His Book called, Usuries Spirit conjured: published 1604. To which, for any thing I could ever heard, not any Usurer, Ecclesiastic or Laic, or any of their Proctors, Brokers, or Dependants any way, have replied any one word. And therefore that Answer stands authentical, and impregnable, until some man say something against it. 2. Concerning Bishop jewel; I wonder at their foreheads, who offer to rank Him amongst the Patrons of Usury. I never read in Papist or other a more gross and unconscionable falsification. For jewel, read Him upon 1 Thess. 4. 6. You have Him here, or aught to have Him in your Churches: is as resolute, plentiful, and mighty against Usury, as ever any I read in my life. He is so punctual, and precise; so universal and absolute against it; that hear His own words, Ibid. pag. 84. in the point of letting out the money of Widows, Orphans and Men distracted. He that taketh money to Usury, saith He, whether He gain, or lose, or whatsoever happen unto Him, He must answer the whole stock He borrowed. And this is it that undoeth so many, and maketh them bankrupts. But this happeneth not in this Case▪ He that occupieth the Orphans money or stock, is changed only to use it as His own, and no otherwise. If it perish or decay, or miscarry without His fault, he is not bound to answer it. Therefore as I said it is no Usury. In the Sect. next before, thus: This is not Usury (saith He) Why? Because He that taketh the stock of the Orphan, or of the mad man or of the diseased Merchant i● not bound to answer all adventures, and casualties that happen. As, if to like use I take a stock in cattle, and they die without my default: or a stock in money, or wares, and the wares be burnt by fire, or the money stolen without my default, I am not bound to answer the principal: therefore it is no Usury. Here now M. S. come you in with your own woeful gloss: and will needs make M. jewel, (for so you call Him here) the most noble, resolute, powerful confuter and confounder of Usury, that ever I read, to be on your side. If a man be not bound, say you, to answer it, (as M. jewel saith) I pray you in what case shall the poor Orphan, Mad man, or sick Merchant be in, if their stock be gone? It had been better for them, to have had their stock lying still in their hands, and to have lived of it, then when it is gone to starve for hunger. These are your own words M. S. jewel makes no such Quere; therefore jewel is of none of yours; whom notwithstanding you put in your Catalogue, by such a trick of falsification as I never read. But what shall become of the Orphans, etc. say you if their stock be gone? And what shall become of those, say I, that have no stock at all? whom notwithstanding GOD graciously provides for, though they use no usurious, or injurious ways of getting. Who are we that we should exempt Orphans or any from being subject to GOD'S providence, and ordering? Let this be the pestilent property of Usurers, to sow, as Saint chrysostom said, without land, plough, or rain; upon the matter not to trust GOD'S providence: See Fent. pag. 95. And further about Orphans; See before pag. 48. etc. 3. As concerning Perkins. His third condition Vol. 1. pag. 63. upon the eight Commandment: which is this: He must sometimes be so far from taking gain, that He must not require the principal, if His Debtor be by inevitable and just casualties brought behind, etc. In the place quoted by you in His Exposition of CHRIST'S Sermon in the Mount: He only approoves liberal and recompensing Usury, which I handled before; not Usury truly and properly so called, commonly practised in this Kingdom, and that which I ever preach against and here oppose. 4. Willet is an other in the Catalogue. Hear His own words cutting the heart of Usurers, and Usury properly so called, commonly practised amongst us. This consideration, saith He, given for the loan of money must not be ex pacto: it must not be agreed upon by any certain compact, and covenant: as the words here are lo cesimun: non imponet is: you shall not impose, or lay upon Him Usury. As it is not lawful to covenant with a man certainly to pay so much: He may lose by using this money; He may be in hazard also of the principal: For the Lender then to receive a certain gain, where the Borrower is a certain loser, were not just: Such indifferency must be used, as that the Lender be contented; as to be made partaker of the gain that cometh by His money, so also proportionably to bear part Nempe si Creditor saenus non imperat turpiter, sed debtor bonestè offered. Sin autem utilitas ad ipsum nulla redierit, ut caveat Creditor, ne ex lalabore inutili debitoris sui, aut etiam damnoso suam ipsius utilitatem inhumanè captet. Appen. Ad Expl Levitici. pag. 115. of the loss. Upon Exod. 22. pag. 52. 5. junius is an other in the Muster. But He also so tempers Usurious poison with Cautions, and Conditions as He calls them; that He breaks the neck of the common Usury practised amongst us. The first is in respect of the manner (The Transcriber saith measure, falsely, if not cunningly)▪ And what is that? That the Creditor do not impose it unhonestly: but the Debtor honestly offer it. In his third Caution He hath this passage: If no profit be reaped by the Debtor, let the Creditor take heed lest He cruelly covet and feeke after His own commodity, from the unprofitable labour and loss of the Debtor. 6. Zanchius is also urged. But hear Him also so far from approving our common Usury, that He utterly confounds in these words: Imo hoc aio esse debes O Creditor, ut si debitor non solum non fecit lucrum, sed etiam accepit damnum, tu quoque damni aliquid cum illo patiaris: hoc enim postulat aequitas & charitas. In 4. Ad Eph. pag. 446. Nay thou oughtest saith He, O Creditor to be of this resolution; that if the Debtor, not only make no gain; but also hath received loss, thou also must suffer with Him some part of the loss. For this equity and charity require. 7. Your virel allows that gain for lending, which is taken according to order of Law. But our Laws, as appears clearly before, pag. 32, 33, etc. take no order to take any Usury; Nay our Common Law abominates it; Our Statute Law calls it a detestable sin and forbidden by the Law of GOD; Therefore we of this Land must take no Usury. 8. That Polanus doth not approve, but condemn Usury properly and truly so called, commonly practised in this Kingdom, seems manifest, by diverse passages: He makes three kinds of it: 1. Gainful. 2. Recompensing. 3. Punishing. The first, which is the same with our common Usury, practised in this Kingdom, He thus defines: a Usura lucratoria, est surtum quod committitur, cum quis lucrum accipit solius mutuation is causâ, nullo damno accepto culpâ ejus, qui mutuò sumpsit. Pol. Syntag. Tom. 2. cap 63. pag. 4476. Gainful Usury is theft, which is committed, when any receives gain, only in lieu of lending, having received no damage, by any fault of the Borrower. Under this kind He compriseth all b Hujus species est Usura Usurarum, etc. item omnis Usura, quae pauperes opprimit, aut pauperes facit. Ibid. Quia est ini. qua, quum per eam Usur arius quaerat lucrum ex eâre, cujus damnum, aut periculum ad eum non spectat, sed ad debiteren. Injustum est exalterius damno lucrum captare Ibid pag. 4477. kind of Usury, which either oppresseth the poor; or makes men poor. How Usury bites, and makes men poor; See before, page 10. etc. His reasons for which He damns this Usury are many: The sixth declares His meaning against that Usury which we pursue with just indignation, and is commonly and cursedly practised almost now every where. It runs thus: This gainful Usury is wicked; sith by it, the Usurer seeks gain out of that thing, the loss, or hazard whereof belongeth not unto Him; but to the Debror. It is an unjust thing to gape for gain, out of an other man's loss. Mutuatio debet esse gratuita: i.e. absque alicujus lucri exactione, & captatione, aut doni acceptatione. Ibid. pag. 4473. Borrowing aught to be free, without exaction, and captation of gain, or receiving of gain. It seems by such passages as these; that Polanus was no Patron of Usury properly so called. At the Close, let me speak unto you; as Saint Austin did sometimes unto His Hearers: Haec fratres charissimi, si vobis ego non dixero rationem pro animabus vestris in die judicij redditurus ero. Quicunque autem magis mihi irasti, quam se emendare voluerit, non habet unde per ignorantiam se possit ante tribunal aeterni judicis excusare, ut dicat se non fuisse admonitum, nec a malis prohibitum, nec ad ea, quae sunt DEO placita castigatione, & admonitione frequentissimâ provocatum. Sed credimus de Domini misericordia, quod ita negligentibus quibusque inspirare dignabitur, ut sibi magis, vel peccatis suis, quam medicamentis sacerdotatibus irascantur. Et quomodo aegrotantes a carna libus med cis requirunt sanitatem corporum, sic a spiritalibus medicamenta desiderent animarum. August. De Tempore Serm. 243. Beloved Brethren, if I admonish you not of these things, I must give an account for your souls at the day of judgement. But whosoever will rather be angry with me, then amend himself, hath no excuse for his ignorance before the tribunal of the eternal Judge: as that he was not prohibited from evil, or provoked to good. But our trust is in the mercy of GOD, that by His holy inspirations He will so work upon all negligent hearers, that they will be angry rather with themselves and their sins, then with the wholesome medicines of the Priest: And as sick people desire health of body from their carnal Physicians, so they will earnestly desire the health of their souls from those that are spiritual. FINIS. Perlegi tractatum hunc de Vsurâ, in quo nihil reperio quò minùs cum utilitate imprimatur THO: WYKES R. P. Episc. Lond. Cap. Domest.