THE ENGLISH USURER; OR VSURY CONDEMNED, BY The most learned and famous Divines of the Church of England, and Dedicated to all his Majesty's Subjects, for the stay of further increase of the same. Collected By JOHN BLAXTON, Preacher of God's Word at Osmington, in Dorcetshire. Caluin, Epist. de Vsura. Adeò plus quàm rarum est eundem esse hominem probum et faeneratorem. It is more than rare, (or it is very seldom seen,) that one and the same person, should be both an honest man, and an usurer. LONDON. Printed by JOHN NORTON, and are to be sold by JOHN LONG, in Dorchester. 1634. The Illustration. THe Covetous wretch, to what may we compare, better than Swine: both of one nature are, One grumbles, th' other grunts: both gross and dull, hungry, still feeding, and yet never full. Resemblance from their habits may be had the one in Fur, th' other in Bristles clad. Rich men by others sweat augment their pounds: the Hog's still rooting in the neighbour's grounds. They neither of them upward cast an eye, both downward look, and pray on what they spy, Nor differ they in death, The Brawn nought yields till cut tn Collars, into Cheeks and Shields, Like him the Usurer howsoever fed, Profits none living, till himself be dead. Both with the Christmas-boxe may well comply It not hang yields till broke, They till they die. depiction of a man or userer seated at a table on which is laid the paraphernalia of his trade: coins, measures, books, etc.; beneath his seat is a strongbox; on the back of his chair, at his shoulder, is a black demon or devil The English Usurer. I say I will have all both Use & principal. depiction of two pigs, one standing with its snout in the earth, the other lying on its back Mine is the Usurer's desire. To root in earth, wallow in Mire. Living spare me, and Dead share me. Caluin Epist. de Vsura. In repub. benè constitutâ nemo foenerator tolerabilis est, sed omninò debet è consortio hominum reijci: An Usurer is not tolerable in a well established Commonweal, but utterly to be rejected out of the company of men. To the Reader. THere are some commit usury, Why some are usurers. not knowing it to be sin: either because they have not the Word, or they use not the Word for the enlightening of their hearts. See Mr. Moss, Treatise of usury Epistle to the Reader. Those that be ignorant for want of the Word, are much to be pitied; and yet is their want that way, the just punishment of sin. Those that are ignorant for not using the Word, are sharply to be reproved, as those whose ignorance accrueing from their own negligence, is mere sin unto them. August. ad Sextum Rom. presby Ep. 105. In utrisque non est iusta excusatio, sed iusta condemnatio, saith Augustine, Neither of both can justly be excused; nay either of both is justly to be condemned. Others commit usury, and stand to excuse it, aleadging for themselves the authority of men: to these I answer, as Lactantius did to the Gentiles, who grounded their religion upon the authority of their Ancestors, Id solum rectum est, quod ratio praescribit, Lact. de Origine erroris, l. 2. c. 7. not that which men say, but that which reason warranteth, is right and to be approved. Exod. 23.2. To them that allege examples, I answer with the ancient proverb, Vivitur preceptis non exemplis: we must live by precepts, and not by examples. And with that of Moses, Thou shalt not follow a multitude to do evil. To them which justify usury to be lawful, I stand not here to make answer: for to that end serveth the treatise following. Only, Cyprian. De Simplicitate praelatorum. I apply unto them, that which Cyprian spoke of some Teachers of his time, Ambulantes in tenebris, habere se lucem existimant: walking in darkness, they suppose they have the light. Distrust in God's providence the Usurer's sin. To them that pretend, they cannot otherwise live, I reply: that they may accuse themselves of sloth and idleness, of infidelity and distrust in God's Providence: which is indeed the Usurer's sin. Others yet there are, who knowing the practice to be evil, and themselves not being able to excuse it, they turn their nose upon the very wind, Simile. like the weather Cock, and like mad men rage at those that would bind them for their benefit: and are like the Swine of which Christ speaketh in the Gospel, Mat. 7.6. who when they have Pearls thrown before them, turn again, and all to rend those that cast them. God be merciful unto these kind of Usurers, and convert them, Simile. (if it be his will,) for their case is desperate. They are like unto a foolish patient, who is ready to fly into the face of the Chirurgeon, when he searcheth his wound unto the bottom, for the curing of it. What will follow hereupon? But the ruin of the Usurer? Others, when the Minister preacheth against Usury, encourage themselves in their uncharitable course of life, by this conceit: that it is but his private opinion. This treatise will make it evident, that, Usury to be unlawful, The most judicious Divines condemn Usury. proceeds not out of the mouths of some few Humorists in the Country, (for so the Usurers account them:) but it is the judgement of those who sit at the Helm, and deservedly are accounted pillars in the Church of God. As for the Author of this Treatise: understand, that he neither dareth, nor taketh upon Usury: for he follows his calling, Usurer's vile persons Ps. 15. and doth not busy himself much with the affairs of the world. As for professed Usurers, he esteems them as vile persons, in whose eyes they are most justly contemned, but he honoureth those that fear the Lord. which the Usurers do not. And therefore being free from the guiltiness of this sin, he may the more freely give sentence upon the ungodliness thereof judicet ille de alterius errore (saith S. Ambrose) qui non habet in seipso quod condemnet: iudicet, Ambros. super, beati immaculati. qui non agit eadem quae in alio putaverit punienda. Let him judge of another man's default, who hath not the same fault to condemn in himself: let him judge of another who committeth not the same thing which he deemeth worthy the punishing in another. Know moreover, that he is a through conformable Member and Minister of the Church of England. And for the Scope of this Treatise, it is for the information and salvation of thy soul, and his own soul. Take the Treatise, and (a) Si quid ex usu tureperias, iuvame precibus tuis apud deum; aliam mercedem non defidero. vale. give prayers, for Thy fellow member in Christ jesus, John Blaxton. A Table of the Contents. CHAP. 1. Usury defined by Bishop Downam, and Mr. Fenton. CHAP. 2. The distinction of usury into mental and actual. Where actual usury is distinguished from other contracts: as 1 From liberal contracts. 2 From all lawful buying. 3 From lawful Location or letting to hire. 4 From the contract of Partnership. 5 From adventurers usury. 6 From liberal usury. 7 From recompensing usury, which we call Interest. CHAP. 3. The testimony of six learned Bishops proving it simply unlawful. CHAP. 4. The testimony of the learned Divines of the Church of England condemning usury. CHAP. 5. Clear and apt Similes to which usury and usurers are resembled. CHAP. 6. Answereth the objections which are commonly made in defence of usury. CHAP. 7. That usurers are bound to repent, and to make restitution. The Names of the most Reverend and learned Bishops, and of the most learned and judicial Divines used in this Treatise. Bishop 1 Sands sometimes Archbishop of York. 2 jewel sometimes Bishop of Salisbury. 3 King sometimes Bishop of London. 4 Babington sometimes Bishop of Worcester. 5 Downam, the hammer of usurers, Lord Bishop of Derry in Ireland. 6 Lake, late Lord Bishop of Bath and Wels. Doctor Pic. Willet. Sclater. Tailor. Smith. Preston. William's Web. Sutton. Wilson. Mr. Wilkinson. Smith. Wheatly. Dod. Bolton. Perkins. Adam's. Powel. Wilson. Scudder. Roger's of Wethersfield Rogers of Messing Rogers of Dedham. Northbrooke Philips. Robrough. Moss. Fenton. Dyke. Bayne. Brinsley. Silvester. Withers. Quarles. The Charitable happy, the Usurer's accursed. O! thrice, thrice happy he, Blessed are the merciful. Math. 5.7. Psal. 37.19. whose free desires To charity a holy fervour fires: Who only minds God's glory, by his gift, And neighbours good, without sinister drift; Famine (familiar unto rogues that range) Shall not come near his garner, nor his grange: His fields, with Corn, abundant crop shall cover, His vines with Grapes, his hedge with Roses over; His downs with sheep, his dayery grounds with Neat; His mounts with Kids, his moors with Oxen great; His groves with droves (increasing night and day;) His hills with Herds, his smiling meads with Hay; His fens with foul, his pills, and pools with Fish; His trees with fruits, with plenty every dish; Content and health (the best of earthly bliss) Shall evermore remain with him and his; Phil. 4.11.12. 1 Tim. 6.6. Him, pride or envy never shall molest; Or corrosive care, foe to repast and rest. For, th' all-see eye still carefully respects The Almner's house, and ever it protects; Esay 58 8.9, 10, 11, etc. Till finally, when justice endeth all, Sweet mercies voice him to heaven's Kingdom call. But th' Usurer (however here he thrive In herds and hoards) already dead alive (No heat of love, no heart to give a mite, Cursed are the usures. Psal. 15.5. Ezek. 18.13. Except to gain and gather double by it) Him, in that day (to him a day of woe) The Holy-one the all-knower, will not know. Shame and confusion shall be-spread him over, Wishing the holes to hide, and hills to cover. james 2.13. Reuel. 6.15.16 Eternal fire shall fry his thirsty veins; Immortal dying in eternal pains. His eyes, so nice to look on Lazarus sore Shall swim in sulphury tears (tortured the more, To see above, in bliss and glory rife, Whom ruthless here, he would not see, in life) His ears here deaf unto distressed once; Shall there hear horror of the damned groans; Nor shall the voice of mercy him salute, Who, in effect, to needy moan was mute: Millions of masses cannot him redeem, Nor all Church-treasure ever ransom him, From all-thought-passing pangs of wretchedness; As, endless, caselesse, and remediless. JOSVA SYLVESTER. On Usurers. OF all men vs'rers are not least accursed; They rob the Spittle, pinch th' afflicted worst: In others grief they're most delighted in; Whilst Givers suffer for the Takers sin: O how unjust a trade of life is that, Which makes the labourers, lean, and th' idle, fat? FRA. QVARLES. FAEnere qui lucrum facit, est homicida Catoni, Furti dupla, huius quadrupla mulcta fuit. Non facit heredem, privatur honore sepulchri Qui tenues lucro faeneris auget opes. Sermo sacer, patres, pius omnis damnat, at una (Quae docet errores) Consuetudo probat. johannes Garbraudus Oxoniensis. To the Usurer. Mors tua, mors Christi, fraus mundi, gloria caeli, Et dolor inferni, sunt meditanda tibi. Thy death, the death of Christ, the world's tentation. Heaven's joy, hell's torment, be thy meditation. Three profitable helps of a godly life. Psal. 119.57 58, 59 See Bb. Cowper in Rom. 8.1. THere be three most notable helps of a godly life, delivered to us by David, in three verses of the 119 Psalm, 57 O Lord, I have determined to keep thy Word. 58. I have made my supplication in thy presence with my whole heart. 59 I have considered my ways, and turned my feet unto thy testimonies. Determination is the first: It is a good thing by settled resolution to conclude with thyself that thou wilt live godly. Supplication is the second: except by continual Prayer thy determination be confirmed, and strengthened by grace from God, thy conclusions which thou takest to day, shall vanish to morrow. Consideration is the third, and it is profitable to reduce thee again into the way of God, so often as of weakness thou thou wanders from it, contrary to thy first determination. These are three helps to keep thy heart in the way of God: so necessary, that if without them thou dost any work, it is not possible but thou shalt be snared. First therefore determine to forsake thy Usury, and to make restitution. Secondly, strengthen this determination by Prayer, say with David, create in me a clean heart, O God: Psal. 51.10. Psal. 119.36 and renew a right spirit within me. Incline my heart unto thy testimonies: and not to covetousness. Thirdly, consider thy former courses when thou wast a thievish Usurer, and say with our blessed Saviour: What is a man profited, if he shall gain the whole world, Math. 16.26 and lose his own soul? Or what shall a man give in exchange for his soul? Say with the holy Apostle S. Paul, they that will be rich, fall into temptation and a snare, and into many foolish and hurtful lusts, 1 Tim. 6.9. which drown men in perdition and destruction. Finally, do good, v. 18, 19 be rich in good works, ready to distribute, willing to communicate, laying up in store for thyself a good foundation against the time to come, that thou mayst lay hold on eternal life. Consider what I say, 2 Tim. 2.7. and the Lord give thee understanding in all things, Farewell. Thy remembrancer, I. B. THE ENGLISH USURER. CHAP. I. Of the definition of Usury. THe contract of Usury is nothing else but illiberal mutuation, Bb. Downam in Ps. 15. p. 151. Usury defined. and may thus briefly be defined: Usury is mutuation, or lending for gain. This brief definition doth fully set forth the true nature of Usury, and sufficiently distinguisheth it from all other contracts whatsoever. FIrst I say it is mutuation or lending, Subiectum usurae mutuum. which is also presupposed in the Scripture, Exod. 22.25. and the same if need were, might be proved by the other relative, which is borrowing: for lending and borrowing are relatives: And if he which taketh up money upon usury, be a borrower; then he that giveth or putteth it forth unto usury, is a lender. The contract therefore of Usury is a contract of lending: now in the contract of mutuation or lending, Idem p. 152. diverse things concur, which also belong to the nature of Usury. 1. That it is of such things as are spent in the use, and consist in quantity, that is to say in number, weight, or measure, as Money, and Victuals, Corn, Wine, Oil, etc. which are particularly mentioned, Deut. 23.19. Levit. 25.37. 2. And therefore is alienation not only of the use, but also of the property, from which the use (of such things as are spent in the use) cannot be severed. 3: As the property is transferred to the borrower, so the borrower standeth to the hazard of the thing borrowed. 4. That it is not a perpetual alienation of that which is lent, but for a time, which time being expired, the borrower is bound to restore the principal. 5. Because the thing borrowed is to be spent in the use, therefore the borrower is bound, not to restore the self same particular which he borrowed, but so much in the same kind, or the same value. 6. It belongeth to the nature of lending, that it be free and liberal. And this is that which followeth in the definition, as the difference to distinguish it from free lending, that it is for gain. Usury is for gain. By gain is meant any addition, overplus, or increase, over and above the Principal, whether it be money, or money worth, required not for the indemnity of the Creditor, Idem p. 153. What is to be esteemed gain. to save him harmless, but for his advantage, to make him a gainer by lending; for that only is to be esteemed gain, which is an overplus, clearly gotten above the Principal. And whereas I say it is either money, or money worth: this money worth reacheth fare, not only to goods and wares, but also to labours and services, and whatsoever else being valuable by money, may lawfully be let or sold for money. And when I say that usury is lending for gain, it is meant, that in the first act of lending upon usury, or afterwards in the forbearing, whereby that lending is continued, gain is, if not covenanted for, yet at the least intended. So that where there is a covenant or intent of gain by loan, whether it be in the first act of lending, or afterwards in the forbearing, it is usury: and contrariwise, where there is neither a covenant nor intent of gain in lending or forbearing, there is not usury, though there be an overplus, or increase received over and beside the Principal. The Hebrew word Nesheh, is the ordinary name to signify usury, as Foenus in Latin, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek, Idem p. 154. or Usury in English. For the money which is lent upon usury, is called Nesheh, a biter, or which biteth: The names of usury. and the Hebrew phrase, which signifieth to be lent upon usury, is to bite, as appeareth plainly, Deut. 23.19. Thou shalt not lend upon usury to thy brother money or meat, or any thing else, Asher Ishak, which biteth, that is, which is lent upon usury. For whatsoever the Usurer dareth, it hath teeth, and jaws to eat and consume the substance of other men; his Corn or victuals which were made to be eaten, do eat, and his money which was made to be spent, doth waste the substance of others, and therefore Hebrew writers do teach, that in the name of Usury is included an admonition, not to borrow upon Usury: for he which taketh money upon Usury, taketh as it were a serpent into his bosom. This is confessed by calvin himself, that whereas Usurers avoid the name Nesheh, which signified biting, as they do the name Usury among us, as being odious, and therefore alleged, that they took not Nesheh but Tarbith, as amongst us they will not be thought to take Usury, but consideration, usance, or interest: therefore the Lord forbiddeth as well Tarbith as Nesheh, In Exod. 22.25 Levit. 25.36 .. whereby he condemneth generally Quamlibet sortis accessionem (saith Caluin) any addition or increase above the principal. And upon Ezekiel chap. 18. he saith the Prophet condemneth not only Nesheh which signifieth biting, God forbids biting usury and increase. but also Tarbith, which he translateth incrementum, increase: hoc est (saith he) quicquid lucri sibi avari homines conciliant ex mutuo; that is, whatsoever gain covetous men do get to themselves by loan. Actual Usury is described by Dr. FENTON, to be pactum ex mutuo lucrum. Lucre for loan upon covenant; or The covenant of lucre for lending: or Lending upon covenant for lucre. Dr. Fenton Treatise of usury, p. 15. So that these three words, mutuum, pactum, lucrum, do define and circumscribe the entire nature of that Usury whereof the main question is made, whether it be lawful or not. And to these descriptions of Usury, agree those of our most reverend, and judicious Divines: vide. Dr. Willet upon Exodus, p. 509. Dr. Smith in Willet upon Leviticus, p. 625. Perkins, Comt. 8. Mr. Smith, 18. Sermon upon Usury. Dr. Pie, Usuries Spirit conjured, p. 4. powel's positions of Usury, p. 4. Bb. jewel, upon 1 Thes. p. 113. Amesius de conscientia, lib. 5. cap. 44. Dr. Wilson, Discourse upon Usury, p. 85. Mr. Moss, Arraignment and conviction of Usury, p. 31. CHAP. 2. The distinction of Usury. Usury is either Inward and Mental, or Outward and Actual. Mental Usury is a lending for gain without covenant, that is, Mental usury. Bb. Downam in Ps. 15. p. 168. when the creditor only intendeth and looketh for gain by lending and forbearing his money, but doth not indent or covenant with the borrower for gain. And this may be called, the Usury of the heart: Rom. 7.14. for the law of God being spiritual, doth not only restrain the hands, and outward man; but also the intent and purpose of the heart: insomuch, that moral actions though in show good, are to be judged evil, if they proceed from an ill intent, and tend to an ill end: for he that intendeth evil, hath the like evil will with him that worketh evil: and he which by lending only intendeth his own gain, he dareth for gain, and therefore, if actual Usury be evil, than the intent and purpose thereof is also evil. Outward and actual Usury is, when the creditor doth not only intent certain gain by lending, but also covenanteth for a certain sum to be allowed him at a certain time, or times. This in the Scriptures is called imposing of Usury, Exod. 22.25. Idem p. 170. Thou shalt not impose Usury upon him: Wherefore in actual Usury, a covenant is made for certain gain, and in that covenant the very form of actual Usury consisteth: for which cause some do call such a contract, formal Usury. And this covenant useth to be confirmed by obligation, either verbal, as bills and bonds, or real, as pawns, or mortgage; or personal, as suretyship; whereby the creditor is secured for the receipt, and the debtor bound for the payment, both of the principal and also of the Usury. Let us now see how by this definition Usury is distinguished from other contracts, and also other things which may seem to have some affinity therewith: for of the rest it is needless to speak. It is therefore distinguished Usury distinguished. 1 From all liberal contracts. Idem p. 157. 1. From all liberal contracts, as that of donation or free gift, of mutuation, or free lending to spend, of commodation, or free lending to use, because they be free and liberal, but Usury is illiberal and for gain. 2 From all lawful buying 2. From all lawful buying: because in buying there is a perpetual alienation of money, in Usury but for a time. 3 For letting to hire. 3. From lawful Location or letting to hire: which is the rather to be observed, because some imagine, that money and other things which are lent upon Usury, Idem p. 158. may as well be let as other things. But there is a great difference betwixt Usury, and the lawful contract of Location or letting. And first they differ in the subjects. Usury is in those things which are spent in the use, and consist in quantity, standing in number, weight and measure. Location, is of such things as are not spent in the use, neither stand in number, weight and measure. The subject of Usury, are such things as have no fruitful use in themselves, but the gain which is to be raised by employment of them, is to be imputed to the industry and skill of the imployer. The subject of Location have a fruitful use in themselves naturally. The use of things lent upon Usury cannot be severed, or reckoned apart from the property and dominion, because they are such things as are spent in the use, and therefore if you use them, you spend them. The fruitful use of things lent, may be severed and reckoned apart, and is valuable by itself, as of Lands, Goods, Houses, etc. which remain in the use unspent. In the contract of loan, whether free or upon Usury, the lender granteth to the borrower, not only the use, but also the property of the thing lent, from which the use of that, which we lend to be spent in the use cannot be severed: hence it is called mutuum, because by lending it is made ex meo tuum. In the contract of Location, the letter granteth to him that taketh to hire the use only of the things retaining the property to himself. Because that which is the subject of loan, and Usury, is spent in the use, and is lent to be spent; therefore the borrower is bound to restore, not the same particular which he borrowed, but so much in quantity or full value in the same kind, without any impairing, or diminution. Because, that which is the subject of commodity and Location, is lent, and let, not to be spent, but only to be used: therefore he that taketh the same to use, is bound to restore the self same particular, which for the most part is impaired and made worse in the use. As in mutuation, and Usury, the property is translated to the borrower, so with the property also the hazard wholly appertaineth to the borrower: for the very contract of mutuation includeth in it an obligation, binding the borrower, that whatsoever becometh of this particular which he borroweth, he shall restore the full value thereof at the day apppointed, in the same kind. And to this purpose the borrower maketh promise, either by word or writing, entereth into bonds, and statutes, laying his goods to pawn, or his lands to mortgage, giveth sureties, to assure and secure the creditor for the principal. As in Location the use is communicated to the Hirer, but the Letter retaineth the property: so the thing, if it shall miscarry without the default of the Hirer: belongeth to the Letter, and not to the Hirer, because it came for his hire, Exod. 22.14. And it is a rule in law, to whom the hazard appertaineth, to him the fruit and profit belongeth. Where there is a Covenant to bear part of the loss, as well as to reap part of the gain, 4 From the contract of Partnership. and this contract, is neither usury, nor loan: but a lawful contract. Which in Latin is called Nauticum, 5 From adventurers usury. or Maritimum Foenus, and is a gain or allowance made for money which is transported beyond the Seas, at the peril and hazard of the Creditor. This is not unlawful, provided, Idem p. 164. 165. always, that there be an adventure or hazard in truth, and not in pretence only; and also that the gain be proportionable to the hazard. Which is a gratuity or free gift, 6 From liberal usury when the borrower finding himself much benefited by the lender's 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; and much less covenanted for it. From that which is called Vsura compeus satoria recompensing usury, which we call interest: 7 From recompensing usury. Bb. Downam in Ps. 15 p. 166. Dr. Smith in Willet upon Levit. p. 631. powel's Posit. of usury p. 14. Bb. jewel. 1 Thess. p. 135. 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, and that hindrance may be two fold, Damnum emergens, loss arising, or Lucrum cessans, gain ceasing: but this ceasing gain which must come into estimation, must not be uncertain and doubtful, but certain: or at least very probable. Here are certain cautions to be remembered. First, that interest be esteemed not according to the gain or benefit which the borrower hath had by the employment of the money, but according to the hindrance or loss which the creditor sustained through the borrowers default. Secondly, that Interest is not to he required nisi post moram, but only after delay and default committed by the borrower. Thirdly, that not always after delay it is to be required, but only then, when the creditor hath indeed sustained loss or hindrance by the borrowers delay. Fourthly, that he do not voluntarily incur any loss, meaning to lay the burden thereof on the borrower, but do his true endeavour to avoid it, either in whole or in part. Fiftly, that when he suspecteth loss or hindrance by the debtor's delay, he descend not into extremities with those who have broken day, not through negligence or unfaithfulness, but through want and necessity, which they did not foresee: and let him remember, that where is no fault, there ought to be no punishment. Sixtly, that the estimation of the interest be not referred to the creditors own arbitrement, but committed to the judgement of some other honest and discreet men: which conditions being observed, it is lawful for the creditor to require an overplus besides his principal: which overplus notwithstanding is not usury. How usury discovers itself in selling, in buying, in letting, in partnership and exchange, under pretence of the adventurers usury, under the colour of recompensing usury, vide. Bb. Downam, upon the 15 Psalm, p. 173, 175, 182, 183, 188, 191. Dr. Fentons' Treatise of usury, p. 21, 22, 23, 24, 25. powel's positions of usury, in his Epistle Dedicatory. Mr. Moss, in the Arraignment and Conniction of usury, p. 62. to p. 68 CHAP. 3. The Testimony of six learned Bishops of the Church of England concerning usury. The Testimony of Bishop Sands. THis biting Worm of Usury, Sermon upon 1 Sam. 12.23, 24. Usury a biting worm, a canker. that devowring wolf hath consumed many, many it hath pulled upon their knees, and brought to beggary: many such as might have lived in great wealth, and honour not a few. This canker hath corrupted all England: we shall do God and our country true service, by taking away this evil; repress it by Law, else the heavy hand of God hangeth over us, and will strike us. God saith, Lend freely, and look for no gain: Idem Sermon upon Luke 1.74.75. but will the Usurer, whose money is his god, remit his Interest because of this; because the Lord hath so charged him? No, he will not let go his ten or twenty, or thirty, in the hundred. To him the glory of God, Note. Nothing precious to the Usurer but money. yea and his own soul is vile, nothing is precious but only his money. What the Prophet speaketh of putting forth money to usury, he full little regardeth, but seedeth still upon his mast, and blesseth himself when he waxeth fat, not perceiving that God hath already plagued him with a plague of all plagues, the obduration of his heart. And although that God hath given him over into a dull and senseless mind, Usurer's have hard hearts. his ears being so damned up that nothing can have entrance to move, or touch his hard heart, yet he still blesseth himself, and his accursed soul. Thou Usurer, thou idolater, that dost glory in thy shame, in thy evil gotten gold: Their wealth prospers not. dost thou not know, that thy wealth shall melt like snow before the Sun? Thinkest thou still to hold it? O fool, this night shall they take away thy soul, perhaps this instant, and then whose is all this? After that Zacheus fell to the service of Christ, and that Christ entered into his house, he presently forsook the service of Mammon, made a large restitution of that which he had gained by such unlawful means, and then began to be liberal: and not only to lend freely, but to give for nothing. He gave the one half of all his goods to the poor. If God would at this day work thus in the heart of one Zacheus, a rich Usurer, how many poor might be relieved by such a restitution? He might maintain many a needy man, and save his own soul. Well, this one thing we know, the word that proceedeth out of God's mouth against usury, Is. 55.11. shall not return in vain, if it cannot work reformation, it will work confusion. Every man is to his neighbour a debtor, not only of that which himself borroweth, Idem Sermon upon Rom. 13.8, 9, etc. but of whatsoever his neighbour needeth: a debtor, not only to pay that he oweth, but also to lend that he hath and may conveniently spare; to lend I say according to the rule of Christ, Luke. 6. Lend looking for nothing thereby. So that these over-payments, the usury which hath spoilt and eaten up many, Usury the canker of the Commonwealth. the canker of the Commonwealth, is utterly both forbidden to man, and abhorred of God. To bargain for Lead, Graine, or Leases, with such as have neither Lead, Graine, nor Leases to pay, neither any such matter meant, but only unlawful gain of money, the party to forfeit his obligation, because he neither can, nor meaneth such payment, and the lender not content to receive less advantage than thirty at the hundred, this is but a patched cloak to cover this vild sin withal. Note. Whatsoever thou receivest upon condition, or by what means soever thou receivest more than was lent, thou art an usurer toward thy brother, and God, will be a revenger against thee. He whom thou shouldst obey if thou wilt be saved, Ezod. 22 25. Levit. 25 27. Deut. 23.19. doth in express words command thee, not to lend thy money for usury. This Word of God, man cannot dispense withal, and it shall not return in vain; if it cannot be a converting commandeme it, it shall be a confounding judgement. The reasons of men for usury must give place to the precepts of God against it. The reasons of men for usury, must give place to the precept of God against it. What man art thou that wilt be wiser than thy Maker? Hath God condemned it, and darest thou defend it? is it in his judgement injurious, and doth thy judgement think it equal? Hath he seen reason to prohibit it, and dost thou see reason why thou mayst use it? such reasons with the makers and users of them, the Lords justice shall destroy. And yet in truth all Nations, at all times have condemned it, as the very bane and pestilence of a Commonwealth: The old Romans condemned usury whereof the old Roman both History and practice is an often witness. These secret shifts are seen of God, and abhorred, and will be revenged: well mayst thou escape the hands of man by thy coloured delusions, yet canst thou not escape the sharp and swift judgement of God: Note. who accordingly as he hath threatened, will exclude thee out of his Kingdom, interdict thee his Tabernacle, and hurl thee into Hell: Where thy evil gotten money can neither redeem nor help thee, a just reward for thy unjust usury. Our Apostle requireth that we pay unto every man the thing that we own, and we are as much debttors to lend freely, as others faithfully to pay the thing which was lent. The bowels of compassion are in some men so marualously dried and closed up, Idem Sermon upon Micah. 6 8 p. 100 that they turn away their faces from all men, that desire any thing at their hands, though they ask it not of gift, Usurer's worse than jews. but of loan, unless they ask to buy the loan with Usury. The jews even till this day will not lend upon usury among themselves, but lend freely to their brethren and without gain. judas himself that sold his Master for money, was not more cruel hearted I suppose then these men are, who for money devour their brethren: their hearts are iron hearts, they have no spark of pity or compassion left in them, let them not think but that one day their gain shall be their exceeding loss. Note. If chrysostom thought that one evil gotten groat, laid up amongst a chest full of money, would be a canker to fret out and eat up the rest, what shall become then of so much gotten by so unmerciful and means? Where is love, where is mercy, when lending of money is become merchandise? Enough hath been said in this place of this matter, which if it be not amended, be ye assured that the Lord God in his just wrath will plague you both in yourselves, and in your posterity for it. 2 Testimony. Bb. jewel. MAny live in usury, a most filthy trade, a trade which God detesteth, Sermon upon Rom. 13.12. a trade which is the very overthrow of all Christian love: But their gain shall be to their loss, and their money to their destruction. He that giveth his money upon usury, shall not dwell in the Tabernacle of the Lord, nor rest upon his holy Mountain. Treatise upon the Sacraments. Deceive no man by wrongful dealing, increase not thy goods by extortion nor by usury. He that giveth his money to usury, shall not enter into the Tabernacle of the Lord. He that taketh usury of his neighbour, killeth him without a sword, the Lord will avenge it. He will not bless ill gotten goods, they cannot prosper: they will never continue, nor remain unto the third heir. Usury is a kind of lending of money, or corn, or oil, upon 1 Thes. p. 113. Usury defined. or wine, or of any other thing, wherein, upon covenant and bargain, we receive again the whole principal which we delivered, and somewhat more, for the use and occupying of the same: as if I lend 100 pound, and for it covenant to receive 105 pound, or any other sum, greater than was the sum which I did lend: No good man an Usurer. this is that which we call usury: such a kind of bargaining as no good man, or godly man ever used. Such a kind of bargaining as all men that ever feared Gods judgements have always abhorred and condemned. It is filthy gains, Note. Usurer's say, Lord increase our faith, and then make such a confession of it as Bb. jewel doth in this place. and a work of darkness, it is a monster in nature: the overthrow of mighty kingdoms, the destruction of flourishing States, the decay of wealthy Cities, the plagues of the world, and the misery of the people: it is theft, it is the murdering of our brethren its the curse of God, and the curse of the people. This is Usury. By these signs and tokens you may know it: For wheresoever it reigneth all those mischiefs ensue. Whence springeth Usury? Soon shown. Idem p. 115. The cause of usury. Even thence whence theft, murder, adultery, the plagues, and destruction of the people do spring. All these are the works of the devil, and the works of the flesh. john 8. Usurers of their father the devil. Christ telleth the Pharisees, You are of your father the devil, and the lusts of your father you will do. Even so may it truly be said to the Usurer, Thou art of thy father the devil, and the lusts of thy father thou wilt do, and therefore thou hast pleasure in his works. The devil entered into the heart of judas, and put in him this greediness, and covetousness of gain, for which he was content to sell his master. judas heart was the shop, the devil was the foreman to work in it. They that will be rich, fall into tentation and snares, and into many foolish and noisome lusts, 1 Tim 6.9 10. which drown men in perdition and destruction. For the desire of money, is the root of all evil. And S. john saith, Whosoever committeth sin is of the Devil. 1 joh. 3.8. Thus we see that the devil is the planter, and the father of usury. Idem p. 116. The fruits of usury. What are the fruits of usury? A. 1. It dissolveth the knot and fellowship of mankind. 2. It hardeneth man's heart. 3. It maketh men unnatural, and bereaveth them of charity, and love to their dearest friends. 4. It breedeth misery and provoketh the wrath of God from heaven. 5. It consumeth rich men, it eateth up the poor, it maketh bankrupts, and undoeth many householders, 6 The poor occupiers are driven to flee, there wives are left alone, their children are hopeless, and driven to beg their bread, through the unmerciful dealing of the covetous usurer. He that is an Usurer, wisheth that all others may lack and come to him and borrow of him: Idem p. 120. Our forefather's abhorred usury. that all others may lose, so that he may have gain. Therefore our old forefathers so much abhorred this trade, that they thought an Usurer unworthy to live in the company of Christian men They suffered not an Usurer to be a witness in matters of Law. They suffer him not to make a Testament, and to bestow his goods by Will. When an Usurer died, they would not suffer him to be buried in places appointed for the burial of Christians. So highly did they mislike this unmerciful spoiling and deceiving our brethren. Idem p. 121. All professions of men condemn Usury. But what speak I of the ancient Fathers of the Church? there was never any Religion, nor 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 proves it to be so. If the stones could speak, they would say as much. But some will say, Idem p. 124. The Usurer's objection. all kinds of usury are not forbidden, there may be cases where usury may stand with reason and equity, and herein they say so much as by wit may be devised, to paint out a soul and ugly idol, and to shadow themselves in manifest and open wickedness. Whatsoever God saith, yet this or this kind of usury, say they, which is done in this or this sort, is not forbidden. It profiteth the Commonwealth, it relieveth great numbers, the poor should otherwise perish, none would lend them. By like good reason, Answer. there are some that defend theft and murder, they say, there may be some case, where it is lawful to kill or to steal: for God willed the Hebrews to rob the Egyptians, and Abraham to kill his own son Isaac. In these cases the robbery and the kill of his son were lawful. So say they. Some plead for Usurers, as Papists for whores. Even so by the like reason do some of our countrymen maintain concubines, courtesans, and brothel-houses, and stand in defence of open stews. They are (say they) for the benefit of the Country, they keep men from more dangerous inconveniences, take them away, it will be worse. Although God say, There shall be no whore of the daughters of Israel, neither shall there be a whore-keeper of the sons of Israel. Yet these men say all manner of whoredom is not forbidden. In these and these cases it is not amiss to allow it. As Samuel said to Saul, so may we say to the Usurer? Idem p. 126. God cares not for Usurer's excuses. thou hast devised cases and colours to hide thy shame, but what regard hath God to thy cases? What careth he for thy reasons? the Lord would have more pleasure, if when thou hearest his voice thou wouldst obey him. For what is thy device against the counsel, and ordinance of God? What bold presumption is it for a mortal man to control the Commandments of immortal God? And to weigh his heavenly wisdom in the balance of humane foolishness? When God saith, thou shalt not take usury, what creature of GOD art thou which canst take usury? When God maketh it unlawful, They are of a desperate mind. what art thou, oh man, that sayest, it is lawful? This is a token of a desperate mind. It is found true in thee, that Paul said, the love of money is the root of all ill. Thou art so given over unto the wicked Mammon, that thou carest not to do the will of God. Idem p. 144. Thus much I thought expedient to speak of the loathsome and foul Trade of usury, I know not what fruit will grow thereby, and what it will work in your hearts. If it please God, it may do that good that I wish. I have done my duty, I call God for a record unto my soul, I have not deceived you. I have spoken unto you the truth. If I be deceived in this matter, O God thou hast deceived me. 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 his people? The Learned old Fathers have taught us, it is no more lawful to take usury of our brother, than it is to kill our brother. They that be of God hear this, and consider it, and have a care that they displease him not. But the wicked that are no whit moved, and care not what God saith, but cast his Word behind them: which have eyes and see not, and ears yet hear not: because they are filthy, they shall be filthy still: their greedy desire shall increase to their confusion, and as their money increaseth, so shall they increase the heaps of their sins. Note. Pardon me if I have been long or vehmeent, of those that are Usurers I ask no pardon. Idem p. 145. I hear that there are certain in this City which wallow wretchedly in this filthiness, without repentance, I give them warning in the hearing of you all, Usury a cruel and detestable sin. and in the presence of God, that they forsake this cruel and detestable sin. If otherwise, they continue therein, I will open their shame, and denounce Excommunication against them, Bb. jewel threatneth excommunication against Usurers. and publish there names in this place, before you all. That you may know them, and abhor them, as the plagues and monsters of the world: that if they be passed all fear of God, they may yet repent and amend for worldly shame. Tell me thou wretched wight of the World, thou unkind creature which art passed all sense and feeling of God, which knoweth the will of God, Usurer's impudent. 1 Because they come to Church. 2 Because they read GOD'S Word. 3 Because they come into the company of good men. They cause God's wrath to fall upon their children. and dost the contrary? How darest thou come into the Church? It is the Church of that GOD, which hath said, thou shalt take no usury, and thou knowest he hath so said. How darest thou read or hear the Word of God? It is the Word of that God, which condemneth usury; and thou knowest he doth condemn it. How darest thou come into the company of thy brethren? usury is the plague and destruction and undoing of thy brethren. And this thou knowest. How darest thou look upon thy Children? Thou makest the wrath of GOD fall down from Heaven upon them. Thy iniquity shall be punished in them to the third and forth Generation. This thou knowest. How darest thou look up into Heaven? Thou hast no dwelling there: thou shalt have no place in the Tabernacle of the highest. This thou knowest. Because thou robbest the poor, deceivest the simple, and eatest up the Widow's Houses: therefore shall thy Children be naked, and beg their bread: therefore shalt thou and thy riches perish together. The third Testimony, Bishop King. HOw long will the Usurer and oppressor of others whose Laws are as knives, Upon jonas p. 90. and whose teeth be of iron, sleep in his bed of mischief, as the Psalmist calleth it, and in the contemplation and solace of his ill gotten goods? Idem p. 444. Lecture 32. How long have we cried against oppressions, and smitten the oppressors with the rod of God's vengeance, as Moses smote the Rock? And yet what one drop of remorse have we ever wrung from their stony hearts? How long have we clapped our hands at the shameless usury of this place? Ministers must preach against usury. If usury be too stiff to be moved, yet we must free our souls, and if it were possible, we would also free them that are wrapped in their snares. If they little esteem the warning of the fifteenth Psalm, that give their money upon usury, let them at least take heed that receive it. Let them not try to bear an Ox upon their shoulders, when they are unable to bear a Goat. That is, if poverty be burden enough unto them, let them not add the burden of usury. They ask what they shall do? Dost thou ask? Saith Plutarch. Thou hast a tongue, beg. Thou hast hands, work. Thou hast feet, walk. Thou hast an heart, Plutarch de usura. Nihil tam molestum quam reddere. Idem p. 504. Lecture 37. think. Naviga, renaviga, sale forward and backward, take any pains, rather than to fall into the mercy of an Usurer. There is nothing so bitter as to restore. I would our Usurers would mark this, that of all those grievous offences whereof Nineveh had labourred a long time, the rest are held a sleep, and their names spared, as not worthy in comparison to come in speech with their fare superior iniquity; only the wickedness of their hands, Namque meos nec aequos mihi nec rapuere iuvencos Plutar. de vitando aere alieno. which is not least in biting the poor, is remembered and reported in special words. Spoke I of Usurers? There are none: neither is there a Sun in the Sky. For mine own part, I know them not. For they have taken neither Horse nor Bullock of me. But for my brethren's sake both in the City and Country, I wish that their bills and bonds were all heaped together in the Market place, and set on fire, as they were sometimes at Athens, that we might all joy and say, as Alcibiades then did, we never saw a clearer fire. Nunquam vidi ignem purionem. But because we cannot ease our hearts so soon of them, nor by such means I will tell them for their own comfort what they shall trust to amongst other things that although they labour in the fire to get riches, yet the time shall come, when there shall nothing remain unto them but this, that they shall be able to know and recount with themselves, how many debtors they have quite undone: As for their treasures of iniquity, let them plainly understand that they put them into a bottomless bag which could hold nothing. De malè quaesitis, etc. Ill gotten goods never descend to the third heir; perhaps, not to the second, nor first, not to benefit himself, who thinketh he hath most handfast. She gathered it of the hire of an harlot, Micah 1. Usurer's goods shall not prosper. and it shall return to the wages of an harlot. They gathered their wealth by usury, and usury or somewhat else shall consume it. Gnipho the Usurer as Lucian reporteth, lieth in hell, bemoaning his hard estate, that R●docares an incestuous spend thrift should waste his goods: so may these, but I leave their judgement to God, to whom it belongeth. For vengeance is his, and he will repay it. Yet dare I give sentence against it, as far as the ancient Romans laws did: wherein because a thief was bound to make restitution of double, the Usurer of four fold. Their meaning is plain enough, Usury double theft. that they esteemed usury a double theft, and that at the least is my judgement. And therefore as Alexander Severus made an Act, that none should salute the Emperor, Note. who knew himself to be a thief, so let our Usurers, take themselves warned, Usurers not to salute Christians. and discharged (so long as their hearts accuse them of their double and triple theft) from saluting Christians, and much more from eating, drinking, conversing, most of all from praying, fasting, communicating with Christians. The 4. Testimony, Bishop Lakes. In his works vol. p. 343. THis is no small difference between God and the devil. The diveil in show, biddeth us, love ourselves, do all for ourselves, and we are so simple as to believe him, The devil the image of Usurers. and think that we do so; whereas the event proves that we do all for him, and to our own ruin: for he is the plain image of Usurers, who live by the sweat of other men's brows, and cunningly grow rich by undoing others with a seeming relief. Idem upon Ps. 50.21. God will reprove Usurers. God himself saith it in the close of this Psalm, Hear this all ye that forget God. jews', Gentiles, whatsoever you be, if you be adulterers, drunkards, Usurers, blasphemers, any way wicked livers, Consider this (saith God) lest I suddenly take you away, and there be none to help you. For if we be guilty of such sins, and encourage ourselves in them by base conceits of God, God will not fail to reprove us, and marshal such wickedness before us, to convict us thereof, and to confound us therewith. Idem Sermon upon john 2.16. Usurer's fill the land with poor. While the Gentleman depopulates the Country, and the Usurer and Victuler are become the chief Tradesmen of Incorporations, what wonder if contrary to God's Law, and the Kings, the whole Land be filled with miserable poor. The fift Testimony, Bishop Downam. This most reverend and learned Bishop proves usury to be unlawful by diverse arguments. 1 Argument. Proposition. upon Ps. 13. p. 250. Whatsoever perverteth and overturneth an act of virtue, especially such a necessary act to humane societies, that is to say, free lend: it is not only a vice, but a detestable vice. But usury perverteth and depraveth this necessary act of liberality and charity, (free lend: Assumpt. ) turning it into an act of self love, covetousness and cruelty. Therefore usury is not only a vice, Concl. but a detestable vice. The proposition is proved, because nothing is opposite to virtue but vice. As for free lending, it is a commendable act of liberality, and a necessary duty of charity. The assumption is clear and manifest. 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 chief, 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. The property of charity is not to seek her own, but the good of others, and whereas other virtues serve for the good of the subject wherein they are, the acts of charity and liberality are referred to the good of others: Note. lending therefore being an act of liberality and charity, aught to respect the good of the borrower, if not only, yet chief; but lending by 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, Usurer's covenant absolutely for gain. as it serveth to further the lender's gain. For indeed the lender by usury covenanteth absolutely for gain, which happeneth sometimes out of the borrowers loss, and sometimes also out of his gain, which the Usurer will pretend to seek and respect, but the truth is, he will never look after his neighbour's profit, unless therein he may be sure to find his own gain. The usurer's lending therefore is an act of self-love, Lending proceedeth from 3 fountains. and it is also an act of covetousness. For whereas lending proceedeth from one of these 3 fountains, either from Christian charity, or from civil love and humanity, or from covetousness: he is said to lend in Christian charity, who dareth for the Lords sake to his needy neighbour, looking for nothing again: in civil charity or courtesy, who dareth to pleasure his friend, looking for his own again: in covetousness who looks for more than his own. For indeed what is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is covetousness, but an unlawful desire of having more. 2 Argument. Idem p. 310. Usury cannot be practised with a good conscience, because it cannot be done in faith, that is to say, in a sound persuasion out of the Word of God, that it is lawful: and whatsoever is not of faith is sin. Rom. 14.23. 3 Argument. Phil. 4.8. Rom. 12.17. 1 Thes. 5.22: That which is not honest and of good report, is not to be practised. For the Scripture teacheth us, that we should do such things as are honest, and of good report, providing for honest things, not only before God, but also before men, abstaining from all shows of evil. Improbanturij quaestus qui in odia hominum incurrunt ut faeneratorum De Off. lib. 1. But usury is a very odious thing, and of ill report: the very heathen by the light of nature detested it. Tully saith, such things are to be misliked which are odious, as namely that of Usurers. Columella saith, that usury is odious even to those whom it seemeth to help. Aristotle saith it is hated most worthily, etc. As for Christians, usury in ancient time was so odious among them, that if any were but suspected to be an Usurer, his house was counted the house of the devil, no neighbour would fetch fire at his house, or have any thing to do with him, children would point at him in the streets: yea, by the laws of christians they are defamed persons. vid, Cent. 12. cap. 4. The usurer's house called the house of the devil. The Scriptures censure usury as an abomination; that is, as a sin to be abhorred. and Ps. 109.11. the holy Ghost useth this interpretation against the wicked: Let the exactor (meaning thereby the usurer, as all Translations, almost, besides some English do read) ensnare all that he hath. Whereby it may be gathered, both that to be an Usurer is an odious thing, and that it is a curse to fall into his snare. Seeing therefore usury is and always hath been a thing so odious and of so bad report, The Usurer denies the conclusion. no Christian can practise it with a good conscience. The Usurer sins against God, his neighbour, and himself. First against God by impiety and ungodliness. Levit 25.36. Neh. 5.9. For the Usurer wants the fear of God. 2 He disobeyeth the Commandments of GOD, Idem p. 270. straightly commanding free loan, and sharply forbidding usury, and contemneth the threatenings of God denounced against the same. 3 He sins by infidelity, Usurer's infidels. in not believing the gracious promises of God made to those who lend freely: for as Chrysost. hath well said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, usury is the offspring of infidelity. 4 By diffidence, ending commonly in profaneness. For the Lord would have our faith concerning spiritual blessings in heavenly things, Page 271. to be exercised and confirmed by our affiance reposed in his goodness for temporal blessings in earthly things, as may be gathered by the order of the fourth and fifth petitions of the Lords Prayer. The usurers dare not trust to God's providence. — But the Usurer's whole endeavour is to settle himself and his estate as it were out of the gunshot of God's providence: he will not deal by husbandry, or traffic because of the hazards whereunto either of both is subject: that is to say, because of his diffidence in God, to whose providence he dare not trust his goods: and therefore he will make sure work for himself, that he shall not need to stand to God's courtesy. The practice of usury shall be as a Tower of Babel unto him, Note. that whether GOD do bless the traffic of men, or not, or whether it go well or ill with Husbandry, he will be sure both of his Principal and of his gain. All is one to him, whether the Merchant's gain or lose, sink or swim, whether there be Fammine or plenty fair. weather or foul, he feareth no floods In a word, his chief endeavour is, that in respect of worldly things he may have nothing to do with God; and so at length of a faithless man he becometh also profane, Ezeh. 22.12. having forgotten God, as for this sin the Lord chargeth jerusalem, neither is God, I mean the true God in all his thoughts; for his god Mammon doth wholly possess his heart. Usurer's idolaters. The Usurer sinneth by Idolatry. For seeing the root of usury is covetousness (which is the root of all evil) it cannot be denied; but that every Usurer is covetous; and every covetous man is an idolater Eph. 5.5. And a Servant of Mammon, Mat. 6.24. And therefore no true Servant of the Lord, now you must remember, that for covetous persons and idolaters, there is no inheritance in Heaven. Idem p. 232. The Usurer is both unjust & uncharitable. Secondly, the Usurer sinneth against his neighbour for whereas there are two duties especially to be practised towards our neighbour, that is to say, justice and Charity: justice, to give every man his own, and Charity, not to seek our own but other men's profit justice: to do no wrong, Charity, to do good to all; usury offendeth against both, as being both unjust and uncharitable. Which copulation is duly to be marked. For whereas some allege, Note. that usury is not against Charity, when neither the lender nor borrower is hurt thereby, it shall hereby appear, that if at any time it may seem not to be opposed to Charity as an hurtful thing, yet it is always opposed as an unjust and unequal thing. For first, the general Law both of justice and Charity is this, as you would that men should do to you, so do you to them likewise. See the answer to object. 2. But when you have need to borrow, you would that Men should lend you freely, and not impose Usury upon you: therefore in like case, when others would borrow of you in their necessity, you ought to lend them freely, and not impose usury upon them. Thirdly, the Usurer sinneth against himself by desperate folly. Idem p. 272. The usurer sinneth against himself. For as every notorious Malefactor may truly be said to cast away himself, and is guilty of selfe-murder, as it is said of Korah and his complices, Num. 16.38. so the Usurer likewise pulleth upon himself the fearful judgements. of God, and is guilty of his own overthrow. For the Lord hath threatened not only the translation of their goods from them in this world, Pro, 28.8. but also, as touching the world to come, that they shall not dwell in the Mountain of God's holiness (as may be gathered out of the 15 Psalm) but that they shall die the death, meaning thereby the death of the soul. Ezeh 18.13. ) and that you may know to whom the cause of the Usurer's damnation is to be imputed, it is added, and his blood shall be upon him. And that is it which Leo saith, Poenus pecuniae, funus est animae, the gain of usury is the grave of the soul. The 6. Testimony, Bishop Babington. THere be great slyes, and those be great men, Upon Exod. Ch. 8. p. 203. that tyrannously rule, not shearing but shaving to the very skin, if they take not skin and all. And there be lesser flies, and those be Vsures, and other biting binder's, who with their Noverint universi, make an universal ruin of many a man's estate, and do fetch him in still with The conditition of this obligation, that in the end his condition is woeful, and his heart breaketh with the bitter grief of Be it known to all men: Surely these are cursed flies indeed, the suckers of our sap, the bibbers of our blood, Usurer's be cursed flies. the pinchers of our hearts, and the stingers and wringers of our very souls. The Egyptian flies was nothing like unto them, but yet you see was a great plague of God, sent to punish the sins of men. But let them remember that these flies of Egypt had but a time, God sent them in wrath, and took them away in mercy, upon entreaty. Some Moses or other shall stand up, and the Lord shall send a strong West wind, to take these canker worms away, and cast them into the red Sea, that in our coast they may torment no longer. Amen. Idem upon the Commandments p. 69. 70. If a man (saith the Law) borrow any thing of his neighbour, and it be hurt or else die, the owner of it not being by, he shall surely make it good. If it be an hired thing he shall not make it good, for it came for his hire. In which Law, if we well weigh it we may first see, that if we have that thing which our neighbour would borrow, and we be able, without our hurt, well to spare it him, we are bound to do it, or else we sin against this Law of GOD, and we even steal from our brother, that which in right is his. For God would not ever have made a Law for recompense of the lender, It is a necessary duty of love to lend when we may. if his thing lent receive any harm, unless it had been a necessary duty of love to lend when we may: therefore this narrowness of heart, and unkind disposition, to grudge unto any that good which by lending we can possibly do him, it is hateful in the eyes of God, and a plain breach of this Commandment. Secondly, in this Law, (as one hath very well noted,) we may see a great light given to that hard controversy concerning usury of money. For mark I pray you, how he saith in plain terms, that if the thing were hired, and though it perished in the use, yet should it not be made good by him which hired it, for it came for his hire. The money which Usurers give out, is hired as you know. Therefore if it were a thing that might be hired, you see the sentence of God, though it perished. Secondly, mark again how the Lord saith, though a man lend of mere love freely without any hire, yet shall his recompense be nothing more, then good will again, unless it die, or be hurt which he dareth. Now money neither dyeth, neither commonly is any whit hurt, but returneth every way as good as it came. Thirdly, consider how the Law will have an apparent hurt of the thing lent, or else it alloweth no recompense, Usurer's have consideration for likely loss. but Usurers will have consideration for likely loss: for, say they, If I had had my money, possibly I could have gained thus much with it: yet are they not sure they could have done it, for God could have crossed their expectation, and being not sure that they could have gained, it is not apparent that they have been hindered: but this Law of God provideth in equity only for apparent harm, and therefore nothing for them. Fourthly, the equity of this Law is only this, that good will be no loser, They will have certain gain. and therefore provision is made for recompense, if the thing lent received hurt. But Usurers will have their good will, as they call it, certain and an excessive gainer. Fiftly, in this law of God, the borrower is respected, that he should have help of his neighbour, Usury regardeth wholly the lender, Usury plain injury void of love. and not pay for it, unless he hurt the thing which he borrowed, but usury regardeth wholly the lender. Wherefore it seemeth that if this Law of God had ever any equity, this Usury of money had ever plain injury, and that this kind of lending is void of love, and therefore apparently a breach of this Commandment. CHAP. 4. The judgement of our most Learned and Orthodoxal Divines concerning usury. The first Testimony, Doctor Willet. upon Exodus, p. 509. usury defined. BEfore the several points belonging to this question can be discussed, first we must see what usury is 1. Plus ex mutuo velle, quàm mutuatum sit, iniquum est, to desire more by lending, than was lent is wicked, Caietan. 2. Vsura est lucrum quod accipitur, solius mutuationis causa. Usury is a gain, which is taken only for lending. Vrsinus. Quicquid lucri praeter sortem dabatur, what gain soever was given beside the principal: whereupon it is called in the Hebrew Tarbith, that is, increase of the multiplying. Caluin. 3. After the same manner was usury defined in former times; as Carthag. 3. c. 16. Nullus clericorum amplius accipiat, quam cuiquam accomodavit, that none of the clergy should receive more than he hath lent. Augustine thus describeth an usurer, Si plus quam dedisti, expectas accipere, faeverator es, if thou look to receive more, than thou hast given, thou art an Usurer. That this kind of usury is utterly unlawful, and not to be practised among Christians, it shall appear by these reasons. Usury condemned. unlawful to the jews. First, the Hebrews were forbidden to take any usury at all of their brethren; of the Gentiles they might: but now diruta est maceries, the wall of partition is taken away, there is neither jew nor Gentile, but all are one in Christ. Caluin. Of itself hurtful. Secondly, Vsura ex suo genere nociva est, Usury even of itself is hurtful, because it is called Nesheh, biting, Caietan. And the law of nature teacheth: that we should not do that to another, which we would not have offered to ourselves. Thirdly, usury was detestable among the Heathen, Detestable among the Heathen. much more odious aught it to be among Christians: as Cato being asked what it was to play the Usurer, answered, Idem quod occidere; all one, as to kill: and further he said, that in former time, they used to punish a thief but in two fold, an Usurer in four fold. calvin. Fourthly, usury is against the first institution of money, Against the first institution of money. Pecunia inventa est, etc. Money was invented, and found out, that thereby things necessary for the maintenance of this like might be provided: but now it is perverted and abused to covetousness, that money may increase money. Fifthly, Usury against Scripture. the Scripture absolutely condemneth usury Ps. 15.5. Ezeh. 18.17. And chrysostom saith, Vsurarius super omnes mercatores maledictus, the Usurer is accursed beyond all Merchants and trading men. Home 38. sup. Math. And he further useth this comparison, like as when one sifteth Wheat or any other grain in a sieve, Usurer's accursed. all the grain by little and little slippeth thorough, and so, Solum stercus remanet in cribro, only the soil and dirt remaineth in the sieve: An excellent comparison. so of all the substance and ill gotten goods of Usurers, Nihil remanet praeter peccatum, nothing remaineth beside sin, etc. If it be Objected, Object. that God permitted the Hebrews to take usury of the Gentiles, therefore it was not simply unlawful: to this it may be Answered, Answ. that they were those seven Nations of the Canaanites, of whom they might take usury, which Nations they were commanded to destroy: and so by this means they might weaken their estate, and impoverish them: whereupon Ambrose inferreth, Ab hoc usuram exige, quem non sit crimen occidere. Exact usury of him, whom it is not unlawful to kill. Objection. p. 511, 112. But Dr. Willet hath certain considerations, which make the receiving of some gain by the loan of money, not unlawful. Answer. Observe his considerations diligently, and thou wilt utterly dislike thy usurious practices. First, if thou lend thy money upon usury, thou must not be such a one as maketh it thy trade to live by letting of money. Secondly, thou must not lend money upon usury to those of the poorer sort: for to such it is simply forbidden to lend upon usury, Exod. 22, 25, and that which he allows, is properly no usury, (as he saith:) but rather a gratuity, that he which hath gained by another's money, should, to show his thankful mind, make him, which was the occasion thereof, a reasonable partaker of his gain, Gratitudo animi lege naturali mandatur: this gratitude and thankfulness of mind is commanded even by the law of nature. Thirdly, the interest which thou receivest must be moderate not excessive. Fourthly, this consideration which thou receivest for the loan of money, must not be ex pacto, it must not be agreed upon by any certain compact or covenant: as the words here are, Note. lo tesimun, non imponetis ei: you shall not impose or lay upon him usury. It is not lawful to covenant with a man certainly to pay so much; he may lose by using the 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. What say you to these usurers. Such indifferency must be used, as that the borrower be contented, as to be made partaker of the gain, that cometh by his money, so also proportionably to bear part of the loss. The second Testimony, Dr. Smith. In Willet upon Levit. p. 625. THis is the full definition of usury: Quando aliquis accedit usus rei gratiâ interpositâ pactione: When as any things cometh for the use of money above the principal, usury defined. by way of contract, or compact: for so it is said in the law lo tesimun, non impones, Thou shalt not put upon him usury. That opinion which condemneth all usury, usury condemned. 1 By Scripture. is grounded upon evident testimonies of Scripture, Ps. 15.5. Pro. 28.8. Ezek. 18.13.17. & 22.12. and these places have somewhat in them more general, then to be restrained to the poor: as that in Ezek. 22.12. In thee have they taken gifts to shed blood, in thee have they taken usury and increase, and thou hast greedily gained of thy neighbour by extortion: these kinds of oppression may be committed as well against the rich as poor, though more against these than the other. Argu. 2 The second Argument against usury, is from the decrees, of counsels, and testimony of Fathers, which generally forbidden all usury. vide locum. It is answered to these, and the like testimonies, Object. Idem p. 627. that the Fathers speak against cruel and unconscionable usury: Quae omnibus seculis plus satis obtinuit, which prevailed too much in every age. But surely they condemn all usury whatsoever: Answ. in ps. 36. con. 3. as Augustine saith, Si plus quam dedisti expectus accipere, faeneratores: if thou expect to receive more than thou gavest, thou art an usurer. And Bernard saith, quid est usura? venenum patrimonij: quid est usura legalis? latro praedicens quid intendit, what is usury? the poison of ones patrimony: what is legal usury? a thief foreshowing what he intendeth; inter precept. familiar. Argu. 3 The third general Argument against usury is, from natural reason: as Aristotle thus reasoneth against it. First, from the unprofitableness of it: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. 1. c. 9 for he that is rich in money, may oftentimes want necessary food. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid. Secondly, from the infiniteness of the desire of money: all men that are desirous of money, do increase it infinitely, whereas every laudable act, hath a certain and determinate end. Thirdly, they pervert the end for the which money was apppointed, which was for commutation, and to be a mean to the end: but they make money itself the end. Fourthly, the manner of the gain showeth it to be unnatural: for it is according to nature to reap profit from the fruits of the earth, or from Cattles: but it is against nature to reap gain from men, from one another: and whenas money begetteth money; whereof usury hath the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, of begetting. Object. To these reasons some answer, That although money be barren of itself, yet by money one may purchase grounds which will bring him fruit: Answ. But still the argument is good for originally this increase cometh out of money by man's industry: and so by two things not apt to bring fruit, gain is had: by men, and money: and besides this answer serves not, but only for profitable usury: but where one taketh up money to supply his want, and necessity, there ariseth no such fruit. The third Testimony, Dr. Williams. The true Church. p. 438. THat you may perceive and understand, how odious and how detestable this biting theft is, I beseech you to consider. First, how unjust he is, especially in these two things: Usurer's unjust against all laws 1 Of nature: 1 In selling that which he oweth unto the poor, for the law of nature tells thee, that he which hath, should lend and help him which hath not, as we see the flood, finding the emptiness of a pool, will not pass until it fills it; 2 Of Moses. Luke 6.35. 3. Of grace. the Law of Moses bids the same thing; and the law of grace confirms it, saying, Do good and lend hoping for nothing again: and yet the covetous man sells that which God commands him to give: and he lets that for use which the Lord enjoineth him to lend for love. 2 In eating that which he never laboured for; Gen. 3.19. for the Lord said, In the sweat of thy face thou shalt eat thy Bread: but the Usurer eateth the labour of other men, The usurer eateth what he never laboured for. and for the use of his money he useth to get vineyards which he planted not, Houses that he builded not, and many other things that he never laboured for. Secondly, how cruel he is; He is most cruel. because he eateth and drinketh that with joy and laughter, which the poor man hath gotten with grief and tears. Thirdly, 3 He is the worst of all Thiefs. how for his theft he transcends all other kind of Thiefs whatsoever: for as there is not a more effectual plague to hurt a man then a familiar enemy: so the Usurers, being domestical foes, they do impoverish and disinherit more men than any other Thiefs can do; because other Thiefs steal secretly and in the night time, but the Usurers follow their trade manifestly, though cunningly, day and night: and therefore, when the Romans enjoined other Thiefs to make double restitution for their theft, they compelled the Usurers to restore fourfold for their transgression. Fourthly, The punishment of usurers. how fearful is the punishment of such theft; because, as they have spoiled others, so they shall be spoilt themselves; and their spoil will be the greater: because that as the Dog, snatching the Bread out of the children's hands, 1 In this world snatcheth the hand withal; so Usurers, seeking the wealth of the poor, Idem p. 439. are thereby become the utter ruinne of the poor, and therefore their wealth shall be soon taken from them. 2 As they have punished the poor on Earth more than many others, 2 In Hell. so their punishment in Hell shall be greater then most sinners. And in this there infernal punishment, How the usurers and their children do curse one another everlastingly in hell it is observed that the usurers and their children shall perpetually curse each other, the father saying, cursed art thou, O son, because that for thy sake I am tormented in this flame; for I became an usurer, lest I should leave thee a beggar; I gathered wealth, that thou shouldest not be poor, and I was contented to be poor in grace, that thou mightest be rich in goods; and therefore I am now poor in all things, but in torments. And the son, on the other side, saying unto his father, nay, rather cursed art thou, O father, Quia nisi malè congregasses mihi divitias, non malè congregatas conseruassem; because thou gatherest thy wealth with iniquity, and leftest them unto me with a curse, which hath consumed them and destroyed my soul. That Seraphical Doctor Antoninus, Archbishop of Florence, after he had heard the confession of a wretched Usurer, The form of an absolution which Antoninus used to an usurer. gave him no other absolution than, Deus misereatur tui, si vult, et condonet tibi peccata tua, quod non credo: et perducat te in vitam aeternam, quod est impossibile: Good be merciful unto thee, if he please, and forgive thee thy sins, which I do not believe, and bring thee to eternal life, which is impossible: that is, Rebus sic stantibus, if God doth not wonderfully work a strange conversion in his heart, and the Lord himself threatneth, that he which robbeth or giveth to usury, and receiveth the increase into his bags, he shall dye the death, and his blood shall be upon him. The fourth Testimony, Dr. Sutton. THere is no sin, be it never so prodigious and foul but his master hath some plea for it, Lectures upon Rom. 11. p. 296: usurers excuse their sins. p. 476. and some reason to uphold it. Some have Scripture, as covetousness hath 1 Tim. 5.8. Usury hath, Deut. 23.20. Unto a stranger thou mayst lend thy money upon usury, though not to thy brother. Many persuade themselves that they have lawful callings when they have none; such as live by usury, carding, dicing, playing, these have neither the Author, God, nor the end, the common good. No calling is lawful, Idem p. 477 when the action pleaseth not God, as 1 Cor. 10.31. Usurer's have no lawful calling. By this I hope some will learn at last to give over their calling, whereby they bring not honour, but dishonour unto God: those that live upon usury, by dicing-Houses, by penning and acting of Plays, let them all remember this, mine heart trembles to think, what calling these men have, my Soul wonders how they glorify God in them, I marvel how these make for a public good: How God is honoured, a kingdom bettered, the common good promoted by them I know not, I believe not. The fifth Testimony Mr. Wilkinson. LEt those who plead this cause consider, Debt book p. 61. 62. All usury forbidden. Usurer's do not as they would be done unto. that God dispenceth with no usury, when Nesheh the bitting: and Tarbith, which they call the toothless usury are both condemned. Ezek. 18.8.13. That the lender, for eight or five in the hundred, deals not as he would be dealt withal, for he himself would neither give eight, nor five, nor two, if he could borrow freely; and the rule of love is, to do to all men as we would they should do to us, Mat. 7.12. Let them consider how usury is cried down, among other oppressions Neh. 5. & Ps. 15.5. How it is condemned by the Council of Nice in Clergy men, as a matter of filthy lucre, (if filthy lucre in Ministers, than no righteous dealing in others. Usury the ruin of thousands. ) how it hath been the utter ruin of many thousands in our Nation; how in the Church of Rome at this day), all Usurers are excommunicated monthly; how no man of note in all antiquity jews and Manichees excepted) none I say of honesty and learning, No honest learned men defended usury for fifteen hundred years after Christ. for fifteen hundred years after Christ hath ever undertaken the defence thereof: wherefore as joash sometimes said to the men of Hophra, when they stood for Baal against Gideon, Will you contend for Baal? let him plead his own cause: so say I to the patrons of usury; will you contend for Mammon? let him plead his own cause. The sixth Testimony, Mr. Smith. Usury is unlawful, for: Usury is against charity. Sermon usury. First, It is against the law of charity because charity, biddeth us to give every man his own, and to equire no more than our own: but usury requireth more than her own, and gives not to other their own. Charity rejoiceth to communicate her goods to other, and usury rejoiceth to gather other men's goods to herself. Against the law of nations. Secondly, it is against the law of nations, for every nation hath some law against usury, and some restraint against usurers. Against the law of nature, and of God. Thirdly, it is against the law of nature, that is the natural compassion which should be among men: the rich should distribute and do good. Fourthly, it is against the Law of God. Exod. 22. Leu. 25.36. Gaine makes usury lawful. Deut. 23.19. Some think that usury is lawful, because it is gainful as Saul thought that the idolaters beasts should not be killed, Note. ☞ because they were fat: But as he was commanded to kill the fat beasts, as well as the lean, so we are commanded to kill fat sins, as well as lean sins: gainful sins as well as prodigal sins. The 7. Testimony, Mr. Wheatly. Caveat for the covetous. p. 71. Usury a notorious injustice. 3 sorts of borrowers. Usury is a notorious injustice: when a man makes a gain of lending, and binds the party borrowing, without consideration of his gains or losses, to repay the principal with advantage. For whereas there be three sorts of men that use to borrow, either poor men, whom necessity drives to it, or unthrifts, whom prodigality drives to it; or sufficient men, that hope to make a commodity of it: it is apparent by the confession even of those that would seem to say somewhat for this usury, (as if it were not a needy sin simply that it is wicked to lend on Use to the poor needy borrower, for God hath stately commanded to lend unto him freely. And for the unthrift, it is also certain that he should not be lent to at all; Usurer's gain most by unchrists. for that is to feed his issue with ill humours, and to put a Sword into his hand wherewith to destroy himself: and thus the Usurer's most accustomed and greatest gains are cut of. Now for the third kind of men, of them to exact gain unconditionally, not respecting their losing or getting, is altogether against the Law of Charity, and equity both for the light of nature will not suffer any to deny this principle of Equity, that he which will have part in wealth, must also have part in woes; and he that will divide the sweet, must also divide the sour: he that will take of the good success, must also take of the bad. And the light of Religion will not suffer him that hath any of it, to deny this principle of Charity; that Christians must serve one another in love, and not themselves alone in self-love: both which principles are directly contrary to the very trade of the Usurer; The Usurer serves himself alone, not also his brother. for he makes sure for himself to have a part only and infalliably in the profit, and therefore serves himself alone, and not also his brother: and for this cause the Usurer is set among those that cannot come to dwell in the Mountain of God: which he should not be, were he not unjust. So then the Usurer, whether he do it plainly, or underhand, as men have a thousand policies to cover their sin in this respect, must undergo the imputation of living by wrong and injury. The eight Testimony Mr. Dod. IN the same colourable theft is that common sin of Usury, which is of evil report, and hurtful effect amongst men and is forbidden of God in the Law and Prophets. It is evident in Levit. 25.35.36. The causes of usury. 1 Want of God's fear. That the fear of God, and a loving and merciful regard of our brother's life, 2 Love to our brethren. be the preservatives to keep men from this Usury: therefore the practice hereof doth grow from the want of the fear of God, and of compassion to our poor brother. Add hereunto, that usury is not a calling appointed of God, but a humane invention, devised by worldly men to gain filthy lucre to themselves, Usury not a calling appointed of God. whereby they live of the sweat of other men's brows, and do many times add affliction to the afflicted, and build up themselves in the ruins of their poor neighbours, whom they ought freely to support. The ninth Testimony, Mr. Bolton. Out of the wideness of the consciences of wicked men, proceed much mincing and excusing, many interpretations, Discourse of true happiness. p. 55. All usury condemned. favourable constructions and distinctions of sin. As for example, that usury is of two sorts, biting and toothless; when all kind of usury is pestilent, and most certainly damned in the book of God. Ministers may tell the merciless usurer that he is infamously guilty of that sin, Usury condemned by the best Divines. Idem p. 183. of which a converted Iew, an honest Heathen, a tolerable Turk, would be ashamed and remorseful: stigmatised by joint-consent of charitable hearts, and strongest current of best Divinity, with a brand of extraordinary hatefulness, hardheartedness and cruelty: It is a fretting canker. which at this day doth shrewdly shake the strong sinews of this great Kingdom, like a fretting canker, with a plausible invisible consumption, doth daily waste the states, Note. suck the blood, and eat the lives of many poor distressed once in this Land, fills towns and Cities with unprofitable persons, and the country with miseries and inhumanities'. Nay, and let carnal reason, covetous humours, supercilious, obstinate imperiousness fret, and contradict, rage, and reclaim as long as they will; to set aside provocation of God's plagues, and consideration of piety; even in the sense of nature, and moral conscience, it casts an aspersion of inexpiable shame and dishonour upon the ancient glory of this incomparable City. usurer's be Harpies and vultures. It is very strange that such ravenous Harpies and usurious Vultures, (for so even Paganism styled them by the light of reason,) should audaciously roost especially on high, in the eagle's nest, this Imperial grove and Seat of Majesty. The tenth Testimony, Mr. adam's. THe Usurer is a private thief like judas, Adam's works p. 55. The usurer like to judas. and for the bag like judas, which he steals from Christ like judas, or rather from Christians, that have more need, and therefore worse than judas. This is a man made out of wax: His Pater noster is a pawn: his Creed, is the condition of this obligation: his Religion is all religation: a binding of others to himself: of himself to the Devil,— infinite colours, mitigations, Note. evasions, distinctions are invented, to countenance on earth, heaven-exploded usury: God shall then frustrate all, when he pours his wrath on the naked conscience. God saith, Thou shalt not take usury. Go now study paintings, excuses apolegies, dispute the matter with God: hell fire shall decide the question. If Usurers will not restore by themselves, Idem p. 120. usurers shall restore by their posterity they shall by their posterity. For as Pliny writes of the Wolf, that it brings forth blind Whelps: so the usurer lightly begets blind children, that cannot see to keep what their fathers left. But when the father is gone to hell for gathering, the son often follows for scattering. But God is just. A good man leaveth his inheritance to his children's children: and the wealth of the sinner is laid up for the just. An usurer is known by his very looks often, Idem p. 454. The usurer known by his looks. by his speeches commonly, by his actions ever: he hath a lean cheek, a meager body, as if he were fed at the Devil's allowance: his eyes are almost sunk to the backside of his head with admiration of money. His ears are set to tell the clock; his whole carcase a mere Anatomy. Some Usurers have fatter carcases, and can find in their hearts to lard their flesh: but a common meagerness is upon all their consciences. Foenus pecuniae, funus animae. Nature hath set a pitch or term in all inferior things, when they shall cease to increase. Old Cattles breed no longer: doted trees deny fruit; the tired earth becomes barren; only the Usurer's money, the longer it breeds the lustier; Note. and a hundred pounds put out twenty years since, is a grandmother of two or three hundred children; pretty striplings, able to beget their mother again in a short time. EAch man to heaven his hands for blessing rears; Only the Usurer needs not say his prayers. Blow the Wind East or West, plenty or dearth, Sickness or health, sit on the face of Earth, He cares not: Time will bring his money in: Each day augments his treasure and his sin. Be the day red or black in Calendar, Common, or holy, fits the Usurer. He starves his Carcase, and true money slave, Goes with full chests, and thin cheeks to his grave. Idem p. 455. The Usurer shrinks up his guts with a starving diet, as with knotgrass: and puts his stomach into his purse. He sells time to his customers, his food to his coffers, his body to languishment, his soul to Satan. The eleventh Testimony, Mr. Perkins. Usury is a gain exacted by covenant, above the principal, upon Com. 8. usury defined. only in lieu, and recompense of the lending of it. usury being considered as it is thus described, is quite contrary to God's Word, and may very fitly be termed biting lucre. Exod. 22, 14.15. Ezek. 18.8. 2. Cor. 8.13. The twelfth Testimony Mr. Fenton. LEt every one who desireth to resolve his conscience for this matter by Scripture (the only true ground of a Christian resolution I t him consider, I say, Treatise of usury p. 48. how neither usury nor interest, Usury condemned in God's Book. biting usury nor increase is ever once named in the Book of God, but it is condemned; condemned amongst such abominations as bring a curse in stead of a blessing: an eternal curse upon the Soul of the Usurer, and a temporal curse upon his wealth and posterity. Let some of these tender consciences, Is it not a shame for men to deny kneeling at the Communion, and to be professed Usurers. who are so urgent to call for warrant out of the book of God, for every ceremony and matter of form in the Church, seek a warrant for this their practice, which so nearly concerneth them; and let them seek it at the Oracle of God who hath not left it, as he hath many other things, either to the discretion of the Church, or wisdom of commonwealths, but hath vouchsafed to determine it in his own book to our hands: to set down an express Law against it in Exodus: to renew and revive that Law again and again in Levit. And Duter: to ratify and confirm it with no other words than himself used at the publishing of the whole Moral Law; to specify the only limitation which he meant to tolerate for a time; to add the promise of blessing to the keepers of this Law: and to denuonce such fearful judgements against the transgressors of the same: upon their wealth and posterity in this world, upon their own souls in the world to come. The Usurer hath great gain and certain: Idem p. 101. Usurer's have certain gain out of loss, etc. 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. Come all this on God's Name? Idem p 142, No writer defended usury for fifteen hundred years after Christ, Note. There was never any Church or Churchman, carrying the name of a Christian, who hath defended in writing any branch of usury, for the space of fifteen hundred years after Christ. Neither was this for want of occasion given; for it hath been both practised and written against in all ages. Neither can we with modesty impute it to the ignorance of the Church: for as she is acknowledged to be most Eagle-sighted in the time of her purity; so when she was overshadowed with superstition, her writers in cases of conscience, for matters of morality were most exact: as by their school Divinity is evident to be seen. Yet where shall we find any one, for so many ages of the Church, who could ever device a distinction to save an usurer's soul. Mr. Fentons' Treatise of usury two able, to satisfy those that be not desperately minded. He that desires to be fully satisfied concerning the unlawfulness of usury, by Scriptures, Fathers, the latter times of ignorance: by the testimonies of the Church assembled in Counsels, by the testimony of Divines in reformed Churches, by the testimonies of Philosophers, Historians, by the three Laws, 1 Canon, 2 Civil, 3 Common: by strong and convincing arguments: finally, he that desires to have those motives answered, which persuade some to the lawfulness of usury, let him read with diligence the learned Treatise of usury, written by Mr. Fenton, read his Treatise with a single eye, judge of what thou readest without affection: and conform thy affection to right judgement. The thirteenth Testimony Mr. Rogers, of Weathersfield. THese being the most usual kinds of contracts, do show the nature of the rest, 7 Treatises upon 8 Commandment. usury unlawful which are in use among men, and do leave no place to that oppression in the world, called usury, or any other such seeking of men's private profit in their dealings, without regard of the common benefit of both: that is, when both parties are not provided for, to their contentation and satisfying according to equity, and to the meaning and provision made by God in that behalf: which is, that the one without the other should not be benifited or enriched; but the one to have care and consideration of the other, Regard had of both parties is no usury. and the Commonwealth of both (as I have said) respected which if it were regarded betwixt both parties, could in no wise be justly complained of: neither is such dealing of the nature and kind of usury, whether it be in hiring and letting, or in any other kind of contract whatsoever; but that common dealing for 10 in the hundred, or 9, or 8, or any such like, which is without due consideration of the Commonwealth, and upholding of both, is utterly to be condemned. Which if it be well and duly considered, will soon answer all conscionable men, No use of usury in Church or Commonwealth. about the question of usury and oppression, that there can be no use of them in the Church of God, nor the Christian Commonwealth: the Lawmaker having said of both, as of witchcraft and Idolatry, there shall be none such in Israel, that is, among God's people. And as for teaching others their duty, (especially in money matters) who have not given themselves in full resolution to be guided by God's Word, Why Preachers pravaile not with usurers. Preachers may sooner wear their tongues to the stumps, than they may prevail with them. If thou desirest the judgement of other divines, besides these before mentioned; read, Mr. Bayne, his directions to a godly life, p. 172. Mr. Philips, upon Math. 4. p. 198. Mr. Dyke, upon Repentance, p. 143, 144. Dr. Sclater, upon the 2 Thes. p. 277. Mr. Robrough, Balm from Gilead, p. 35, 176, 225, 285, 320, 325. 432. Dr. Preston, Remedy against covetousness, p. 33. Mr. Wilson, Theologicall rules for the understanding of holy Scriptures, p. 70. and in his mystical cases and secrets of Divinity, p. 180. Mr. Brinsley, in the third rule and watch of life, p. 97. Mr. Rogers of Dedham, Treatise of love, p. 235, 236. Dr. Web, on Agurs prayer, p. 323. 147. read also the 3d. part of the Homily, against the peril of Idolatry, p. 70. where usury is ranked with gross sins, and condemned for unjust gain. Read the 2d. part of the Sermon or Homily for Rogation week, p. 225. where usurers are said to have their goods of the devil, to be worshippers of the devil, to kneel down to the devil at his bidding. See also Mr. Scudder upon the Lord's Prayer, p, 276, Mr. Fenton, of usury. p. 2. Usurers not easily persuaded to leave their sin. It is now time to draw to the conclusion; it hath been observed by wise men, that usurers will not easily be persuaded to forsake their sin; their gain of Usury is a sweet gain, without labour, without cost, without peril; let it be granted that they will not forsake this so pleasant, and so profitable a sin; yet by these Testimonies, they may be convinced in their judgements, of the unlawfulness of usury; and so they shall be made without excuse at the last day, when Christ shall come in flaming fire with his mighty Angels to render vengeance to all disobedient persons. As for you that make a trade of usury if you shall think your judgements to be of such weight, Idem p. 77. The judgement of these reverend Divines should make the usurers to question their trade. that all these together be not able to cast the scale against you, yet I hope they will so much move you, as to bring the balance to a suspense, that you will think usury very questionable at the least; and if it be questionable, than it is unlawful to be done. But if all these reverend Bishops and learned Divines, will not so move your understanding, to make it questionable; then I will say no more, and I can say no less, but that you Usurers think that you know somewhat. 1 Cor. 8.2. And then S. Paul maketh up the rest, that you know nothing as ye ought to know it. To him who knoweth usury to be a sin, it is a sin, because he knoweth it. To him that doubteth, it is likewise a sin, because he doubteth. And to the rest it is a sin of ignorance, but of affected ignorance: whose eyes are blinded either with pride, because they would be singular, or with lucre and gain, Usury a sin of affected ignorance. because they would not disturb their consciences by examining or discovering that sin wherein they have so sweetly slept, and do still repose themselves. But such ignorance doth neither excuse nor extenuate the fault, but rather aggravate the same, because it is wilful. CHAP. 5. Similitudes to which usurers, and usury are resembled. Usury is a thriving occupation. Usury like the Persian tree. Adam's works p. 503. Usury is like that Persian tree, that at the same time buds, blossoms, and bears fruit. The moneys of interest are evermore some ripe for the Trunk, others drawing to maturity, the rest in the flower approaching, all in the bud of hope. But the usurer is mad; for his sin at once buds, Usurer's mad. blossoms, and brings forth the fruit of vengeance. Every Bond he takes of others, enters him into a new obligation to Satan: as he hopes his debtors will keep day with him, the devil expects no less of himself. Every forfeit he takes scores up a new debt to Lucifer; and every mortgaged land he seizeth on, enlargeth his dominion in hell. Money lent upon usury to a poor man to supply his need, Usury like new cloth upon an old garment. Bb. Downam Ps. 15. p. 206. may not unfitly be compared to a piece of new cloth sowed upon an old garment; for that, although it cover the rent for a time, and seemeth to have mended the garment, yet after a while, the new cloth fretteth the old, and bringeth away a part of it, and so maketh the rent much worse. Though the usurers sometimes do vaunt, how kindly they deal with their debtors, Idem p. 254. Note. in forbearing them from year to year: yet the truth is, the longer they forbear, the greater is their gain, and though they defer the borrowers misery, The Usurer compared to the greedy Cat. yet in deferring it, they do increase it: and therefore by some are not unfitly compared to the greedy Cat, which though for a while she playeth with the silly Mouse, yet in the end she will be sure to devour it. The Usurer's money is like the biting of the Asp, Usurer's money like the biting of the Asp. for even as he which is bitten of the Asp, goeth to sleep, as if he were delighted, and through the pleasantness of his sleep dieth; so he which borroweth upon usury is delighted for a time as one that had received a good turn; and so through the pleasure of the imagined benefit he doth not perceive how he is taken captive. For even as the poison of the Asp, Usury disperseth itself through all the borrowers goods. It is like leaven. Apud Chrisost. 3. Homil 12. in fine. Bb. Downam Ps 15. p. 258. Usurer's drones Vsura est quaes: tuosa segniti: es. Usury is gainful idleness. secrety conveying itself into all the members, corrupteth the whole body: so usury dispersing itself through all the borrowers goods, converteth them into debt. And even as leaven which is put into meal, infecteth the whole lump, and drawing it to itself, turneth it into the nature of leaven: so when usury entereth into any man's House, it draweth all his substance unto it, and turneth it into debt. The Philosopher matcheth the Usurer with the bawd: and to the same purpose observe the coherence, Deuter. 23.18.19. It is a wonder therefore, that in the hive as it were of the Commonwealth, such drones are suffered, which live of the sweat, yea blood of other men: who out of other men's labour attain ease, out of other men's hazard gain security, out of other men's loss reap gain. Similes. LVther saith, an Usurer is a bloodsucker of the people: In decalog. and as a Worm in an Apple or Nut consumeth all that is within: so an Usurer devoureth the substance of the City by wonderful and secret means. The Usurer, Mr. Wilkinson Debt book p. 99 whose traffic and trade it is to make men miserable, and to raise his gain out of other men's adversity, he is saith chrysostom, Quasi manum suscipiens et in naufragium impelleus. As a man taking one by the hand to pull out of the water, but kicking him back again to the Shipwreck of his substance, and of himself, which is a rude and a barbarous part in any, to hurt infallibly, The Usurer hurts those whom he pretends to help. whom he pretends to help. This is one of the bitter Potions which the world reacheth forth to over purchasers, and over-traders, which they are forced to drink to the very dregges, when they cannot be content to walk within their compass. Note. As a man cannot touch Pitch but be defiled therewith: so he cannot deal with usury without detriment, ipso facto, the first moment. When the Usurer saith that he dareth for compassion, Mr. Smith. 1 Sermon upon usury. The Usurer like the luye. he meaneth for compassion of himself, that he may gain by his pity. The Usurer loveth the borrower, as the ivy loveth the Oak; the luye loveth the Oak to grow by it, so the Usurer loveth the borrower, to grow rich by him. The ivy claspeth to the Oak like a lover, but it claspeth out all the juice and sap, that the Oak cannot thrive after: So the usurer dareth like a friend, but he covenanteth like an enemy, for he claspeth the borrower with such bands, that ever after he diminisheth, as fast as the usurer increaseth. The Usurer is like a Butler's box: The Usurer like a Butlers. box. for as all the counters at last come to the Butler: so all the money at last cometh to the usurer, ten after ten, and ten after ten, and ten to ten, till at last he receive not only ten for an hundred, but an hundred for ten. This is the only difference, Idem. that the Butler can receive no more than he delivereth: but the Usurer receiveth more than he delivereth. He is like a Moth; Like a Moth. even as a Moth eateth a hole in Cloth, so Usury eateth a hole in silver. Adam's works p. 1058. Usury a sharp thorn. Note. The gentlest usury is a most sharp thorn, and pricks the sides of the Country till the blood follows. An Usurer with his money, is like a man that hath no work of his own, yet keeps a servant to let out: and takes not only hire of others for his daily labour, but chardgeth him to steal somewhat beside, and never to return home empty. An usurer worse than all sinners. Worse than a Thief. Then Hell. An Usurer is worse than all sinners, he is worse than a Thief: a Thief robbeth but in the night, but the Usurer robbeth day and night. He is worse than Hell; for in Hell only the wicked shall be punished: but the Usurer punisheth; and spoileth both good and bad and spareth neither holy nor unholy. He is worse than a jew, Then a jew. for one jew will not take usury of another: but the Usurer will take usury of his Christian brethren. He is worse than death, Then death. for death killeth but the body, but the Usurer killeth body and Soul. He is worse than judas, Worse than judas. for judas sold Christ but once for thirty pence, but they sell Christ continually, as often as they take usury: judas restored the money again, but the Usurers never restore the money again, Norrbbooke poor man's gardan f 270. Idem p. 2706. An Usurer like a Pig. that they unjustly have taken. The Usurer is like a Pig, for while he liveth, he is good and profitable for nothing, for he will be ever rooting up the Earth, running through, and tearing of hedges: eating and devouring up good Corn, Beanes and Peason, so likewise doth the wicked swinish Usurer whilst he liveth: but when the Pig is dead, then there cometh profit by him to many: so the Usurer, when death taketh him, than the poor may have some profit. Usurers like the Worm in timber. powel's posits of usury p 48. The Worm Teredo is soft to touch, but it hath such hard teeth, as it devoureth and consumeth the hard timber: So the Usurer is a soft beast at the first to handle, but in continuance of time, the hardness of his teeth will eat a man up, flesh and bone, if he have not an especial regard to shun him. The Usurer is like the Beaver, The Usurer is like the Bever. which biteth so sore, as that he never looseth his teeth, until he have broken the bones. It may be truly said of these, Note. desolation and destruction is in their path: wheresoever they set foot, they make havoc of all. The Prophet Ezekiel doth hedge in this sin between Bribery and Extortion. And in another place we shall find, Ezek. 22.12. Exod. 22 25. that it and oppression is made both one: thus by Gods own testimony these are oppressors. The Usurer compared to the neither millstone. How he spends his time. Note. Not unaptly may we compare the usurer to the neither millstone, which is slow and stirs not; he sits at home, and spends his time in a devilish Arithmetic, in numeration of hours, days, and moneys, in Substraction from other men's estates, and multiplication of his own, until he have made division between his soul and Heaven, and divided the earth to himself, and himself to hell. His Broker we may compare to the upper millstone (without which the neither millstone may seem unprofitable) that is quick & stirring, & runs round: the poor (like Corn) who between both these is grinded into powder. Usurers suffered for our sins. Surely it is for our sins that God suffers usurers amongst us: it may be he suffers these a while; as he did the Canaanites in Israel, lest the wild beasts should break in upon them; lest pride and a full estate should spill men's souls. Yet we may safely say of these, as josua did of those, they are pricks in our sides, and Thorns in our eyes. Now the mercy of God rid us of them: let them bring what excuses, apologies, mitigations, evasions, or distinctions they, possibly can invent: let them reply, usury is no sin, many learned men are of this opinion: yet what are they the better if, Mr. Roger's Strange vinecard p. 312. 313. God himself be not of the same mind those learned men are of? and let them tell me if their consciences can be so satisfied. Would not the greatest Usurer willingly give an hundred pound bag to be secured in this point? It is not safe wading fare in a questionable water. Mr. Perkins. vol. 3. p. 220. The Usurer may pretend he pleasures the poor, but his help is no better than his is, that gives a draught of cold water to him, that is in a burning fever, which seems pleasant at the first, but after turns to his great annoyance. Bb. jewel. upon Thess. p. 116. Idem p. 117. Usury in the midst of a City worketh such good, as fire doth, when it is set to the roof of a House: or as the Plague doth when it is taken to the midst of the body and toucheth the heart. An Usurer worse than a Thief. An Usurer is much worse than a Thief. For a Thief is driven by extremity and need: The Usurer is rich and hath no need. The Thief stealeth in corners, and in places where he may be unknown: the Usurer openly and boldly, at all times, and in any place. The Thief, to relieve his Wife and Children: the Usurer to spoil his neighbour, The Usurer a Thief at all times. and to undo his Wife and Children. The Thief stealeth from the rich, which have enough: the Usurer from the poor that hath nothing. The Thief sleeth, and will be seen no more: the Usurer standeth by it, continueth, & stealeth still: day and night, sleeping and waking, Note. he always stealeth. The thief repenteth of his deed, he knoweth he hath done wrong and is sorry for it: the Usurer, thinketh it is his own, that is well gotten, and never repenteth, See Dr. Wilson. upon Usury p 95. but defendeth, and maintaineth his sin impudently. The Thief, if he escape, many times becometh profitable to his country, and bestoweth himself painfully in some trade of life: the Usurer leaveth his merchandise, forsaketh his husbandry, giveth himself to nothing, whereby his country may have benefit. The Thief is satisfied at length: The Usurer never satisfied. the Usurer hath never enough, the belly of the wicked will never be filled: as the Sea is never filled with water, though all the streams of the world run into it: So the greediness of an Usurer is never satisfied, though he gain never so unreasonably. The Sea is profitable: the Usurer is hurtful and dangerous. By the Sea we may pass and come safely to the Haven: but no man passeth by usury without loss or Shipwreck. Usurer's are in worse case, then common strumpets, Usurers in worse case than harlots. Dr. Wilson, of usury, p. 138 or harlots be; for a drab is not bound to make restitution of that she hath gotten unlawfully, by abusing her body in filthiness, but only to do penance: and yet an usurer must restore his evil gotten goods, because he hath stolen them, or else, he cannot be received into the Church again. Tully, in his first book of Offices, compareth usurers to vile artificers, that get their wealth by lying deadly, Idem p. 147. and uttering falsehood to save themselves from famine. And with the usurers, he reckoneth tole-takers, customers, and such money Officers, that pill and pol both Prince and people. Aristotle saith, that usurers and bawds may well go together, for they gain by filthy means all that they get. CHAP. 6. An answer to all such Arguments as persuade some to the lawfulness of usury. 1 Argument, from the Parable, Math. 25.27. Thou oughtest therefore to have put my money to the Exchangers, and then at my coming I should have received mine own with usury. 1 Answer. Dr. Sclater upon 1 Thes. 5 p. 392. 393. IS it not a worthy argument for usurious contracts: drawn from the parable? worldlings look for their own with usury; so the Lord for advantage of his glory, by his gifts. Approves he their practice? or rather upbraids our negligence, by comparison drawn from men's courses in evil? They were best say, they may imbeazle their master's goods, because Christ, by that worldling's wisdom, would teach us providence for our souls: or because he resembles his coming to a Thief in the point of suddenness, thence infer the lawfulness of thievery. Comparisons are borrowed from things sinful, Comparisons why borrowed from things sinful. and unlawful, to teach truth, and admonish of duty: the use of them is, not to justify their evil, but to remember us of duty, or to explain his truth. 2 Answer. Similitudes and Parables used in Scripture do not hold in every thing but wherein they are compared. Dr. Smith, in Wilet upon Levit. p. 627. 1 Thes. 5.2. Reuel. 5.5. 1 Pet. 5.8. As Christ, for his sudden coming, is likened to a thief in the night, yet hereby is not theft justified: and as Christ is resembled to a Lion for strength and courage, so the devil for cruelty; and so here, the spiritual increase of God's gifts is likened to usury, for the thing, that is, the increasing, not to justify the manner. 2. And further, here the word usury, Metaphoricè accipitur pro super excrescentia bonorum spiritualium: is metaphorically taken for the increase of spiritual graces, Aquin. And so spiritually, the Lord receiveth usury from us in the increase of his gifts, in Psal. 36. Con. 3. Commendable usury. and we usury from him, as Augustine saith, Si vis foenerare, foenera deo, foenerator minus vult dare, et plus accipere: hoc fac et tu, da modica, accipe magna, da temporalia, accipe aeterna, if thou wilt be an usurer, put out to usury to God: an usurer will give less, and take more, do thou so, give small things, and take great, give temporal things, and receive eternal. If these answers will not give thee satisfaction, as what will satisfy a resolved usurer, whom the god of this world hath blinded? then consult with other Divines of sound learning and sincere judgement, as: with M. Fentons' Treatise upon usury, p. 14. p. 137. M. Dyke, of the deceitfulness of man's heart, p. 209. Bb, Downam, upon Ps. 15. p. 285. Bb, jewel, upon 1 Thes. p. 140. 2 Argument, for the lawfulness of usury. I would willingly pay ten in the hundred, if I had need, and therefore I may take so. I. M. Answer. 1. THat royal rule, Do as thou wouldst be done by, Mr. Boltons' directions for a comfortable walking with God. p. 208. 209. Fenton of usury. p. 137, 138. Dr. Pie, of usury, p. 9 Bb. Downam Ps. 15. p. 233. 234. powel's positions of usury p. 90. must be understood and expounded, according to to the grounds of a good conscience, dictates of right reason, and directions of a just and rectified will: not out of the mists and miseries of a depraved and exorbitant judgement. Otherwise Abimelech, Saul, and other 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 judge, 9.54. 1 Sam. 31.4. for they might say, they did but as 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 son of Belial would be content villainously to prostitute his wife whom he cares not for himself, to others; therefore he may abuse another man's wife whom he love's better: these, and the like abominable and absurd consequents, demonstrate the vanity of the usurer's inference, and that Christ's rule is not so general, but restraineable to that will, which is orderly, Note. and honestly guided by the light of nature, and Gods Law. 2. We must then have recourse to this general fountain of the second table, Dr. Tailor's Circumspect walking, p. 163. 164. 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, Note. he could not have it. If a man would borrow upon Usury, to buy land, engross, forestall, or compass some unlawful matter; that were a corrupt will, and no 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 denied in the eye both of law and reason, to be any will at all. Note: He that would borrow, should have need to borrow, for a needless desire is unlawful, and an ingenious man who hath need to borrow, would not willingly borrow but for need, much less would he pay usury. 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, Simile. in giving his pur e to an errand thief: for the fear he should lose both purse and life. Is such a 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, Simile. yet not simply, but upon necessity. So the borrowers will is not free, but forced, and so a will against a will. 3 Argument. Some Divines have undertaken the defence of some kind of usury, especially to the rich, and so have animated some in that course. 1 Answer. Dr. Tailor's Progress of Saints p. 96. This Doctrine brought to his trial will not hold, seeing it is such a consumer of men's estates, and so uncharitable, as the Lord would not admit of it in Israel, but among his enemies whom he would have quite consumed. Besides, men deceive themselves in their distinction: for God in the case of usury distinguisheth not between the rich and poor of Israel, but between the Israelites, and the Canaanites, between strangers and brethren. The poor indeed are mentioned, The poor why mentioned in the prohibition of usury. but only thus: 1. Because they have most need to borrow 2. Because they are most liable to wrong and oppression. 3. The Commandment of loan is made especially for their good. 4. Usury on them is a more grievous sin and crying, Exod. 22.21. Ob. But if it were unlawful, God would forbid it to the stranger. Sol. 1. The Moral Law forbids it to all. 2. It is by God dispensed with, by a judicial, for the hardness of the hearts of the jews, for the unjustice of the Gentiles, who exacted it on the jews, and for the overthrow of the Canaanites. The word is Deut. 23.20. Not Lemicro but Lamicro, Extraneo huic, that is, to this stranger, meaning the Canaanite. 3. See Fenton. of usury p. 46. It is no more lawful than Polygamy or a Bill of divorce, which was against the Institutor. 4. When the Canaanites were destroyed, all usury was afterward absolutely forbidden; Ps. 15. And Pro. 28.8. Higher on Leu. 18. In the Law Usury is forbidden only to brethren, but in the Prophets to all absolutely: and in the Gospel much, more, because all are now brethren. 2 Answer. If any learned men do allow that usury, which is properly so called, and practised in the world, Bb. Downam on Ps. 15. p. 310. I oppose to them the judgements of many more worthy and learned men in this Age, the testimonies of all the learned in former ages, both Christians and heathen, the censures of Counsels, the authority of the Word of GOD. 3 Answer. If those Divines that speak or write for usury properly so called, be Usurers themselves; Dr. Sclater: upon Roman p 122. may not this sin wind itself into their affections, and thence creep into their judgements, and understandings, till it have eaten out all soundness of judging and discerning betwixt good and evil? Doth not adultery creep from the body to the affections bewitching them? Doth it not blind the judgement: to think and censure it but a trick of youth? Drunkenness what an inward thirst of the desire works it? And how easily inclines it to judge it no worse than good-fellowship, yea so good as a point of manhood. This advantage hath the devil gotten against us in the practice of this sin, Dr. Fenton of usury p. 3. Usury why a bewitching sin. that usury being a trade so gainful in respect of others, so easy, so cheap, so secure without all labour, cost, or peril, being also so common, behooveful, and requisite in these times for all occasions; it hath bewitched even the consciences of those who are most tender in other matters. For if the heart and affection be once won and possessed, it is an easy matter even by slight proofs to turn the brain. Quod nimis miseri volunt, hoc facilè credunt, Seneca. strong affection giveth great credit to weak arguments: whereas indeed it ought to be contrariwise; that our natural proneness, and the general inclination of the world to this practice of usury, should move a well tempered judgement the rather to suspect the lawfulness of it, and the soundness of such reasons, as are brought for it. Perit omne iudicium, cum res transit ad affectum. Men looking by affection look through a mist or a painted glass; to whom nothing appeareth in his native colour and due proportion. 3 Answer. powel's posit. of usury, p. 52, 53. Never any Divine, that ever I could see or hear of, ever allowed usury, but with such caveats and lessons, as alter the quality of usury, and make it indeed no usury at all. Caluin in Ezek. 18. Wilet upon Exod. p. 511. 1 All Divines condemn it, as when men make a trade of it. Quisquis ex professo foeneratur, ille omnino debet ab hominum consortio reijci. Thus also Dr. Willet, he that dareth his money upon usury (saith he) must not be such a one as maketh it his trade to live by letting of money. And of all other trades to be a professed usurer is most odious. 2 They absolutely condemn usury of usury. jun. in Levit Vsura usurarum, iudicio bonorum omnium etiam apud infideles damnata semper et infamis fuit. Yet this in itself is no more unlawful than usury. Cautions to be observed by Usurers, and that Exactè, to be precisely kept, as Mr. Caluin saith. 1 Ne exigatur ab egente: See Fenton of usury p. 62. 63. Amesins de conscientia. cap. 44. quae. 4, Perkins Conduit. Commandment, 8: Tantundem aut plus, Caluin. Bb. Downam in Ps. 15. p 274 275. it must not be taken of the needy, or such as be urged to borrow upon necessity. 2 The usurer must not be so addicted to gain, but that he must be still ready furnished, and willing to furnish his poor neighbour in his need, freely. 3 The rule of Christ must ever be his touchstone, to deal no otherwise then he would be dealt, with in the like case. 4 The borrowers gain must be so much more at the least as the usurer's interest comes unto. 5 That not only a respect be had to the borrower but to the good of the Commonwealth also, that, that receive no prejudice: 6 That the usurer never exceed the stint set down in the Country, or Commonwealth where he life's. And because Zanchie, who is held another great patron of usurers, doth undertake to set down the true meaning of Caluin, Bucer, and others in favour of usury, let us hear what usury that is, which they meant. Lictat pacisci de lucro, sed adhibitâ semper conditione vel expressâ vel tacitâ, atque in ment pij creditoris confirmata: nempe, ut si certò compereris, cui tuam dedisti pecuniam, cum vel parum, vel nihil lucri fecisse, idque non suâ culpa aut negligentiâ, sed propter res adversus, et quia dominus noluit eius laboribus benedicere: tu quoque vel nihil, vel minus quàm erat in pactis accipias. Imo hoc animo esse debes, o creditor, ut si debtor, non solum non fecit lucrum, sed etiam accepit damnum, tu quoque damni aliquid cum illo patiaris: hoc enim postulat aequitas et charitas. The Usury that Zanchie allows, It is lawful to covenant for lucre, but under a condition either expressed in the covenant, or kept in mind, that if it appear the borrower shall gain little or nothing, (if without his own default he proves a loser:) thy usury shall be little or nothing: and further if he lose of the principal, thou must bear part of the loss. For equity and charity require this. This is the usury which Zanchie defendeth, and this (saith he) was the meaning of Bucer and the rest. Zanchie in Epist. ad Eph. 4. quaest. 4 p. 173. Yet this is nothing but mere partnership. If the lender take part of loss as well as of gain, it is no usury. 4 Argument for usury. The Law allows eight in the hundred, therefore it is lawful. Answer. Mr. Dyke, deceitfulness of the heart, p 205. THus the common usurer deceiveth himself; why the Law allows eight in the hundred: yea, but the law only stints, and limits it to eight in the hundred, and so fare gives way to it for the preventing of a greater mischief. And this will not be enough to excuse the usurer in the Court of Conscience: thus the jews deceived themselves in the matter of their Polygamy, in having many wives; and in their divorces for every trifle; Math. 19.8. they thought Moses Law had allowed them in these sins: whereas our Saviour showeth, Moses only gave a toleration for the hardness of their hearts. Bb. Downam in Ps. 15. p. 265 The permitting of usury, argues that usury in itself is evil, and the rule of conscience must be fetched, not from the civil laws of men, but from the Word of God. Mr. Smith. The usurer herein is like the jews, who said, We have a Law, and by our Law he ought to die, john. 19.7. when they could not say, by God's Law, he ought to die: they said by our Law he ought to die: so when the Usurer cannot say, by God's Law I may take usury; he saith, by man's Law I may take usury: this is the poorest defence of all the rest: for if God's Law forbidden thee, can any Law of man excuse thee? In that act of Parliament wherein usury was stinted at eight in the hundred, and at the latter end of that act, Anno Vicesimo primo jacobi. regis. it is provided: that no words in that Law contained, should be construed, or expounded, to allow the practice of usury, in point of Religion or conscience. 5 Argument for usury. Usury is not forbidden in the new Testament, therefore it is lawful. Answer. I Deny this consequence: Dr. Pie. Usurer's Spirit conjured p. 81 82, 83. Note. Many gross sins not forbidden by name in the new Testament. there is no special mention of the forbidding of it by name in the new Testament: Ergo it is lawful. For there are many breaches of the Moral Law, yea many gross sins, which are not expressly mentioned, and forbidden by name in the new Testament: as namely profaning of the Sabbath day: all the degrees of incest save one; removing the neighbour's mark: taking for pledge, or upon execution a poor man's only weed; removing of Landmarks, Polygamy; jealousy, etc. 2 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 Mortal Law of God, which is common and perpetual; and fare be it from us to think that Christ in his Gospel alloweth any sin which is fordidden in the Moral Law. 3 Neither is the taking of usury of a poor man, that is in never so great distress, forbidden by name in the new Testament, and therefore by this argument it should be also lawful. 4 By consequence usury is sufficiently forbidden in the new Testament, as sometimes under the contrary affirmative: for where free lending is commanded, as Mat. 5.42. Bb. Downam Ps. 15 p. 282. 283. Not free lending (that is usury) is condemned: sometimes under the general, as Eph. 4.28 1 Thess. 4.6. Sometimes abstinence from usury is commanded under the arguments of the greater and less, as Luke. 6.35. Sometimes by an argument drawn from the less, even sinners, saith our Saviour, are willing and ready to lend one to another without usury, how much more doth it become you that are Christians; to lend one to another without usury? 6 Argument for Usury. It was in the Apostles time, therefore had it been a sin they would have condemned it Answer. Bb. Downam Ps. 15. p. 284. I greatly doubt of this assertion, that usury was in the time of Christ and his Apostles commonly practised among the Romans: seeing Tiberius in the latter part of his reign had used effectual means for the abolishing of usury, as Alexander ab Alexandro reporteth: but much more in respect of the jews, among whom the practice of usury was forbidden by the Law of God, and to whom our Saviour giveth this testimony, that the very sinners among them would lend one to another to receive as much as they lent. Luke 6.34. james 5.3. St. james also findeth fault with the rich men of that time, See Dr. Pie. of usury p. 84. 85. that they suffered their gold and silver to rust, which they would not have done if they had been addicted to usury: and therefore the less practice of usury in those times, may be some reason why it is not expressly mentioned in the writings of the Apostles. 7 Argument for usury. The law which forbiddeth usury, is not moral, but judicial, and therefore not belonging to us: they prove it to be a law judicial, because usury is permitted towards a stranger. Deut. 23.20. 1 Answer. 1 If it were a judicial law, yet the equity thereof, Bb. Downam Ps. 15. p. 207. which is perpetual, would appertain to us, viz. that usury is not to be imposed upon a brother: but behold we Christians are all brethren in Christ, this difference of jew and Gentile being taken away, 2 The law which commandeth free lending, is not judicial but moral, and is therefore renewed by our Saviour Christ, therefore the law which forbiddeth usury or lending for gain, is moral; for the same law which commandeth the affirmative, condemneth the negative. 3 Usury is reckoned in the Scripture among the transgressions of the moral law. Fenton of usury, p. 45. Look into the Prophets and they ever combine this sin of usury with the transgressions of the moral law in the highest degree, with lying, backbiting, deceit, wrong, bribery, Ps. 15. with idolatry, oppression, adultery, cruelty, unmercifulness to the poor, bloodshed, and murder, Ezek. 18. with the profanation of holy things: with the abomination of uncleanness: with the unnatural sins of incest, Ezek. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Usury (saith S. Basil) is placed among the greatest abominations; all of them transgressions of the moral law. It is true indeed, there is a judicial and politic toleration annexed unto this law, that the jews might take usury of strangers: ●. 20. but that maketh not the law itself judicial but rather moral. The jews had a divorce permitted unto them in the same book of Moses, the next chapter, and yet the 7 Commandment, to which that belongeth, is moral notwithstanding; in like manner the jews might take usury of strangers, chap. 24.1. which was a peculiar toleration for that nation, yet the law against usury is moral. 8 Argument for usury. If usury be not lawful for any to practise alas what shall become of those Orphans and widows in these unjust days, which have stocks of money left unto them, and want skill to employ the same. Answer. Fenton of usury. p. 115, What shall become of them? by the help of God they may do well. My greater care is, what shall become of those Orphans and Widows in these uncharitable days, which have no stocks at all left unto them. Though I confess both the one and the other are alike in this, that they be not so able to help themselves as others be. Therefore there be no two estates among men, over whom God hath a more provident and tender care, then over (a) Deut. 10.18. & 14.29. & 18.11, 14. & 24 17 20. Ps. 68.5. Ps. 146.9. widows and fatherless children. Exod. 22.22, 23, 24. Hath God then so many ways bound himself by promise to provide for Widows and Orphans, and shall these by usury withdraw themselves out of his fatherly protection? shall these be secured by usurious contracts against the act of God himself? verily God will take it more unkindly at their hands, then at any other. If Almighty God in wisdom had thought it meet to have tolerated usury in these persons, he might as easily have mentioned the same, as he doth the toleration of lending to strangers. But it was so fare from God's meaning, that in the very same place, where he maketh a law for the safeguard of Orphans and Widows, Exod 22.22.23 24.25. presently and immediately upon it, is annexed the Law against usury. Shall then these who are so well provided for, by a special Law of God, be transgressors of the very next Law unto it? God forbidden. Let Widows and Orphans, etc. Bb. Downam. in Ps. 15. p. 268. Dod. in Com. 316. Dr. Wilson discourse upon usury p. 70. Either employ their goods in some honest trade, wherein they have as good cause to expect a blessing from God, as any other: or let them deal by partnership; or if other means fail, let annuities be bought for their lives, or Lands, or Rents purchased for ever; or let some other honest course be taken, which wise men can easily device, if they list: how Orphans may be maintained without impairing of their stock. 9 Argument for Usury. The state of the City cannot stand: traffic cannot be maintained: tradesmen cannot live without Usury: therefore usury is lawful. Answer. 1. I demand first of these Tradesmen, Fenton of usury p. 121. who cannot live in their trade without taking up at interest: is their meaning that they cannot live in that fashion as they do, maintain their wives in those fashons that they do: drive their trades to that height which they do? If this be the case, the answer is easy: Prou. 5.15. it may be God would not have them carry so great a sail as they do, but to drink of the waters of their own well, Note. and content themselves with such means as Gods fatherly providence doth offer them: Prou. 15.16. there is no necessity for a man to enrich himself by such practices, as be either forbidden or doubtful. Better is a little with the fear of the Lord, then great treasure with trouble; trouble of conscience at the hour of death. Thus fare we do agree: whosover layeth this for his ground that he will be rich, 1 Tim. 6.9. must ensnare his conscience with many necessary evils, whereof usury is one: necessary, I say, not to a religious honest man, who is content with his estate; but to him who resolveth he will be rich: for they that will be rich (saith the Apostle) fall into temptations and snares, 1 Tim. 6.9. which drown men in perdition and destruction. 2 If it be propounded, that trade and commerce between man and man cannot be maintained in this City without borrowing and lending: Luke 6.13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is also granted. God's Law did ever intent that men should lend one to another; in charity to the poor: in friendship to their equals, to receive the like courtesy again. Which duty if men would perform, three were no necessity of usury. 3 The third point than followeth. Presupposing the custom and corruption of these times wherein men will not lend freely as they ought; is there not a necessity of usury admit that be granted: who did impose this necessity? Note. if God; then is this reason good, usury is necessary, therefore lawful. But if men or estates have drawn a necessity of sinning upon themselves by the custom of sin, doth this extenuate or aggravate the fault? Woe be unto them (saith the Prophet Esay) who draw sin, Esay 5.18. as with cart-Ropes. Cities and Incorporations have drawn a necessity of this sin upon themselves by three strong cart-Ropes of iniquity. 3 Cause of the necessity of usury. First the hardness of men's hearts, and want of charity in those who be well able to lend and will not, have forced many to pay usury. Secondly, the covetous desire and pride of borrowers, who out of an insatiable appetite to compass great matters, do take up great sums of money, for money: that no money is to be spared for such as be true borrowers indeed. Is. 5.8. Woe unto them that join, Land to Land till there be no place for the poor to dwell in. That is the Country woe. But upon the same ground, it is inferred: Woe unto them who join money to money, till there be none left for the poor to borrow. This is the City woe: which bringeth a necessity of borrowing upon interest. Thirdly, falsehood and deceit in defrauding one another of their moneys at the times appointed, so as being disappointed of their own, they are compelled to take up of others, or to shut up their doors. These three fold cart-Ropes, not easily broken, have drawn a necessity of usury upon Cities. And shall it therefore be reputed no sin? God forbidden: it is no good consequence neither in persons nor estates. Not in persons. S. Paul telleth us of an heart that cannot repent, Rom. 2.5. which heapeth unto itself wrath against the day of wrath. Is impenitency in that heart no sin, because custom hath made it necessary? A drunkard hath brought his body into such an habit, that unless he drink bountifully, even to the turning of his brain, he is sick again. Is not drunkenness in that person sinful, because so necessary? But for the lender, which is the Usurer, there is no colour or pretence of any such necessity which can befall him: seeing he hath authority from God as steward of his blessings: and power amongst men as owner of his money: for variety of lawful and undoubted employments. 2 Answer. The Commonwealth of the jews did stand without usury, therefore why may not ours? 2 You may find a discovery of the infinite injuries this kingdom endureth by the unlawful trade of usury. In a tract against usury presented to our high Court of Parliament. 1621. Item in usury arraigned and condemned. 1625. Where the allegations commonly made in defence of usury, are sufficiently answered. 3 Usury is the chiefest cause of the greatest misery in this Land, as well to give occasion of great waste as also to make much want, and will be in the end, the undoing of all, if it be not looked to in time. The Romans never began to decay, till usury Lorded amongst them, Dr. Wilson. of usury. Epist. dedicat. for then private gain thrust out common profit, lust was holden for law, idleness more used than labour, riot instead of diet, vice better regarded than virtue, no charity at all, no love betwixt man and man, but everyman for himself, and the whirlpool of pride and riot overfloweth in all things, and in all places. 10 Argument for usury. Proposition. No usury is forbidden by the law of God, and by the law of nature, but that which is hurtful, and joined with the hurt and loss of the neighbour. Assumption. But some usury is not hurtful, but rather helpful to the neighbour. Conclusion. Therefore some usury is not forbidden. Answer. First the proposition is untrue, and of dangerous consequence: for the law of God forbiddeth all usury in general, Bb. Downam p 293. as a thing in it own nature and in his whole kind simply unlawful, without any restraint or limitation, even as it condemneth adultery, lying, theft, or any other notorious sin. Thus a man might argue for an officious lie. Reply. But they prove their proposition thus. Proposition. Usury is not forbidden, but as it is against charity, for charity is the sum of the law, and he which observeth the rules of charity, keepeth the law. Assumption. But that which is not hurtful to the neighbour, is not against charity. Conclusion, Therefore that usury which is not hurtful to the neighbour is not forbidden. Answer. 1 To the Proposition: Charity which is the sum of the law, hath reference towards God; towards our neighbour, not only in private, but also in public: and towards a man's self. And in this sense I acknowledge the proposition of his syllogism to be true, viz. That usury is not forbidden, but as it is repugnant to charity. But hereby the assumption of this syllogism is proved to be false, for there be many things which are not perhaps hurtful to our neigbhour in particular, with whom we deal, Note. which are notwithstanding repugnant to charity. The officious lie helpeth the particular neighbour, in whose favour it is told, yet because it is repugnant to verity, it is repugnant to charity. God who is truth hath forbidden all untruth, and he will destroy every one that speaketh lies: the lying mouth destroyeth the soul: therefore no lying can stand with that charity and obedience which we own to God, nor with that love which we own to our own souls. So in like sort suppose that the borrower sometimes is not hurt by usury, but rather helped: 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 noisome, as hath been showed: nor with that love which we own to our own souls; for whosoever putteth forth to usury, or taketh increase, he shall not live, but die the death. Reply. Yea but say they again, to prove the former proposition, That usury which is joined with the hurt of the neighbour is condemned: therefore that which is not joined with the hurt of the neighbour is not condemned. Answer. I deny the consequence: for there are other respects which make usury unlawful, Idem p. 297. besides the hurt of our neighbour, as even now I shown; by the same reason the patrons of officious lies might argue thus; God forbiddeth us to tell a lie against our neighbour, therefore the lie which is not against the neighbour, but for him, is not forbidden. But you will say, all lying is forbidden: so is all usury, as I have already proved. And thus I have showed against the proposition that all usury is unlawful, though all were not hurtful. Now I add against the assumption of the first syllogism, that all usury is hurtful: hurtful I say, either to the borrower as commonly it is, or else to the Commonwealth, as before hath been proved. 11 Argument for usury. To lend upon usury and to borrow upon usury are relatives, therefore if to lend upon usury be a sin, it is a sin to borrow upon usury, and if to borrow upon usury be lawful, then is it lawful to lend upon usury. Answer. I Deny the consequence which is grounded upon a false supposition. Bb. Downam Ps. 15. p. 305. That there is always the like reason of relatives. The oppressor, and he that is oppressed: the robber, and he that is rob, are relatives: but shall we hence conclude, He which borrows upon usury, necessity compelling sins not, Idem p. 338. that if to be rob, or oppressed is not a sin, therefore it is not a sin to rob or to oppress? He which upon necessity, yields to pay usury, doth suffer wrong and is oppressed: therefore such a one sins not. Which may be thus proved. To suffer wrong is not sin. The borrower which upon necessity yields to pay usury, doth suffer wrong. Therefore he doth not sin therein. Reply. He which borroweth upon usury is not oppressed, because he is willing to borrow upon usury: yea, and so willing, that he seeketh to the usurer, and intreateth him to lend, offering to give him consideration according to the Statute, that is to say, Usury. Answer. He that borroweth upon usury in case of urgent necessity doth yield to usury against his will, yea although he both offer and promise it: for in cases of urgent necessity, men seem many times willing to that which is indeed against their will. When a man is in danger of shipwreck, how will he bestir himself to unlade and lighten the ship, and with such earnestness cast his goods into the sea, that he may seem to be very willing to be rid of them: and yet the thing which he willeth, See the answer to the 2 argument for usury, is not the casting away of his goods, but the safety of his life. This is a conditional necessity. Thus the borrower is no more willing to pay usury, than that man was to cast away his goods: but his necessity for avoiding a greater inconvenience, makes him seem willing to that whereunto simply he is unwilling. 2 Reply. The usurer cannot accomplish his sin without the borrower, therefore the borrower is partner of the usurer's sin. Answer. The consequent is not good. Idem p 344, The sin of rape cannot be without the innocent party that is ravished, yet she that is ravished, is not partner of his sin that committeth the rape. So likewise one man cannot oppress, unless there be another to be oppressed, nor impose usury, unless there be another on whom it is to be imposed: and yet he that is oppressed is not partner of the oppressors sin, nor the borrower who upon necessity borroweth upon usury, of the usurer's sin. 3 Reply. It may be doubted of, whether one may take money for his use of an usurer: 1 Because it is not lawful to consent to him, that doth evil. 2 Nor to give occasion to one of evil, as he seemeth to do, that taketh money upon usury. 3. And jeremy professeth, Ier, 15: 10, Bb. Babington, upon the Commandments, p 70. that he neither gave nor took to usury, where the Prophet plainly insinuates, that if he had done either, he could have found just cause in himself why he should be evil thought of. 1 Answer. Dr. Smith, in Willet, upon Levit. p. 336. 1 He consenteth not to the sin of the usurer, that taketh up money of him, he consenteth to the lending, which is good, but the hard condition in lending, the usurer imposeth, and the other is forced to accept, because of his necessity. 2 Neither doth he give him occasion of sinning, but of lending, the usurer himself Sumit occasionem peccandi, taketh occasion of sinning. 3 The word there used by the Prophet, is Nashah, which signifieth mutuo dare, to lend, as jun. well translateth, as it is taken in other places, Deut. 15, 2. c, 24.10. where the Septuagint interpret it by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 debt not usury, and so Theodotion here readeth, I did owe nothing to any man: the Hebrew word Nashah, with He, signifieth simply to lend, but with Aleph, to lend upon usury, as Esay 24.2. and though the usual reading be received, it signifieth no more than this, that the Prophet had no trading at all with them, Cautions in borrowing upon usury. (as we say) he neither bought nor sold with them and yet they hated him. Wherefore the resolution here is, that a man for his necessary occasions may make use of an usurer's money, but (not to make gain of it by letting it out again. 2 or to maintain his pride, gaming, drunkenness. 3 Or to compass great matters in the world, Bb. Downam in Ps. 15 p 318, 319, 320, etc. or to purchase Lands, or Houses. 4 Or to seem poor, that he may give nothing to the use of the Church, or to the Commonweal in subsidies and taxes. 5 Or when he may borrow freely, at the first motion offering usury to the lender) but driven to it of necessity: for, non qui patitur, sed qui facit iniuriam peccat, not he that suffereth, but he that doth wrong, sinneth: and it is a very like case, as when a man useth the oath of one that sweareth by false gods: as jacob did of Laban's oath, that swore by the god of Nahor, Gen. 31.53. who served other gods, Iosh. 24.2. to confirm the league between them, as Augustine saith, Non peccato illius, sed pacto bono, quo fidem seruavit, utitur in bonum, he doth not use his sin in swearing by false Gods, but his covenant, whereby he kept his faith to a good end: Epist. 154. Note. And like as a man falling into the hands of Thiefs doth reveal unto them his treasure to save his life, which otherwise he ought not to do: as the ten men did to Ishmael, jer. 41.8. So it is when one urged by his necessary occasions falleth into the Usurer's hands. But better were it to prevent such occasions, if it may be: and being once enwrapped, to follow the wiseman's counsel: Give not rest unto thine eyes; till thou hast delivered thy soul, Not to continue in debt to Usurers. as a Do from the hand of the hunter, and as a Bird from the hand of the fouler, Prou. 6.5. For as a Bird taken in a limebush, so one by dealing with the Usurer, the more besnareth and entangleth himself. 12 Argument for usury. Neshech, which signifies biting usury is unlawful. But toothless usury is not so. Answer. IT is the nature of all usury to bite, Mr. Fenton of Usury p. 9 All Usury bites though with great difference: some like the English Mastiff, some like the dogge-slie some scarce sensibly, and therefore not perceived to be a sin. First, Why Usury seems not to bite. because many are content to moderate themselves in this gain, and then, if it be a sin, it is but a little one, as Lot said of Zoar, Gen. 19.20. Modica sunt quae perdunt nos; they be those little ones that undo us. A Moat in the Eye if it be not got out in time, may grow to a pin and web; and a man's conscience may suffer Shipwreck aswell upon a Sand as upon a Rock. Secondly, it is not ever so sensible, because as the Usurer moderating himself doth not seem to bite the borrower: so the borrower relieving himself by others, hath no cause to complain. Yea, many borrowers concurring in this practice, by their multitudes, are able to sway and enhance the market, in such manner, that they may live themselves and pay the usurer beside. So that in conclusion those do all set upon the Commonwealth: which being a great body, is able to bear many dogs, before she need to complain: and feeling the wound (as in time she must) she knoweth not well of whom to complain. Multorum manibus grande levatur onus. Burdensome therefore it is to the Commonwealth, yet so dispersed amongst many, that it is the less sensible, but never a whit the more allowable. For these and the like causes the biting of usury being sometimes not so sensible to particular persons, almighty God in his wisdom foreseeing how ready men would be to cavil at the Word Neshech, hath of purpose expressed his meaning more fully by the exegetical addition of another term, which simply signifieth any increase at all. And this hath he done, not only in the comments of the Prophets. Ezek. 18.17. Pro. 28.8. But in the very text of the law itself, Levit. 25.36, vetarbith, and the 37. Vbemarbith: which word, Solomon forgetteth not to add: for salomon's days being both peaceable and rich in silver and gold, men would be then more ready in all likelihood to device any cavil, or colour to maintain that sin. Neither are these my private conjectures, against the groundless distinction of biting and toothless usury; but Mr. Caluin himself (upon whom they seem to rely as a chief patron of usury) doth not only condemn it as frivolous; The distinction of biting and toothless usury groundless. but addeth further, that it was the purpose of the holy Ghost, by adding that other word to prevent such cavils. Quia homines hac in parte nimium sunt accuti et versuti, et excogitant subterfugia, quibus crudelitatem suam tegant; ideo addit: et incrumentum non acceperit: because, saith Caluin, men in this kind be over acute and subtle, and device evasions how they may cunningly cover their cruelty, therefore he addeth in the text, Usury or increase. And for the distinction itself, Caluin his censure is, Ludunt homines suis cavillis, sed deus non admittit tales versutias: men cavil and play with words, but God admitteth no such sleights. His meaning is simple and plain, that all increase above the principal is forbidden. 13 Argument for usury. Usury is forbidden to the poor, therefore lawful towards the rich. Answer. THis evasion is very frivolous: for Deut. 23.19. Bb. Downam Ps. 15. p. 202. there is no mention of the poor, but all usury is forbidden towards a brother, whether he be rich or poor. 2 By the same reason we may conclude, wrong is not to be done to the poor, the widow, the fatherless; or stranger; therefore wrong may be done to the rich, Pro. 22.22. to the married wife, to the children that have their parents living, etc. 3 Or when Solomon saith, Rob not the poor, because he is poor, we might infer; therefore thou mayst rob the rich, because he is rich. powel's positions of usury. p. 45. See the answer to the 3 argument. God in the laws of usury, did specially, and by name forbidden lending in that manner to the poor, for two respects. 1 To show what care he himself hath over them, who are commonly and usually neglected of men. 2 Because the poor are soon and easiest oppressed of the rich, as the lowest hedge is soon stepped over. 3 If the law of lending to the poor without usury, should infer the lawfulness of lending to the rich upon usury; than it is evident that God's intendment in those laws for the benefit of the poor should rather prove a hurt and hindrance unto them, because by this means it would come to pass that the poor should not borrow at all. Dr. Moss, of usury: p 131. For, who will lend to the poor for nothing, that might lawfully lend to the rich for usury? of which point we have so lamentable and evident experience in these our days, as no man, no not the usurer himself is able to gainsay it. Yet of the two it were better for the poor man, that he should borrow upon usury, then that he should not be able to borrow at all: now borrow at all he shall not, if it be lawful to lend to the rich for usury, and not unto him. And therefore as one said, Maledicta glossa quae corrumpit textum: accursed be that gloss or commentary that destroyeth the text: so may I say in this case, evil fare that interpretation which overthroweth the intent and purpose of the Commandment. 14 Argument for usury. Many by employment of money borrowed upon usury have grown rich. Answer. Bb. Downam. in Ps. 15. p. 257. I Will not answer with Basil, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, that is, but I think more (saith he) have come to the halter: but I think more have proved bankrupts. Dr. Wilson of usury. p 189. Dr Wilson hath a pretty story to this purpose, not unworthy the remembering. A man coming into a certain Church, and seeing it fraught full of Images made of wax, Note. demanded, what might be the cause of such an unwonted sight? answer was made, that those whom these images did represent were certain persons which on a time were saved from drowning by calling upon our Lady. Nay then (quoth he again) where be the Images of those (I pray you) that called upon our Lady, and were drowned notwithstanding? So say I in this case. If any man will set before me the instances, and as were the images of those, who took up money on usury, and grew rich thereby: I would demand on the other side, that he show forth the hundreds, and thousands of those, who by that means have utterly impoverished, and overthrown their own estate, they will be found to be without all comparison. 2 Though some for a time may seem to be rich by that which they have borrowed upon usury, yet usury at the length consumeth them, and eateth them up. 3 Neither doth this prosperous event of the borrower justify the contract of usury, Note. which covenanteth for gain not in eventum lucri, but absolutely, and therefore out of his loss as well as out of his gain. 4 And lastly I add, that the more the borrower is enriched by this means, the more the Commonwealth is damnified. For whosoever thriveth by occupying money borrowed upon usury, he hath so pitched the prices of his commodity, Dr. Wilson, of usury. p 174. as that besides a competent gain raised for the maintenance of himself and his charge, he also hath gathered up an overplus of a tenth part for the usurer. And thus by usury the prices of all commodities are enhanced, whiles the sellers, who borrow upon usury, if they will thrive, must needs make the buyers to pay two shilling in the pound more than otherwise were sufficient. Answer to an Objection. And because they which do borrow upon usury, must needs sell for so much as they may gain both for themselves and the usurers. Therefore the rest do pitch the prices of their commodities accordingly. Otherwise they which trade with money borrowed upon usury could never thrive: Bb. Downam in Ps. 15 p. 255, 256. but because sometimes they do thrive, it is evident, that all of the same trades do so pitch their prices, as if all did borrow upon usury. CHAP. 7. Usurer's must repent of their sin, and make restitution. Usurer's must repent of their sins. AS for those who have practised this sin, their duty is to repent thereof, because they that put forth their money to usury shall not dwell in the Mountain of God's holiness, namely, unless they repent. And again Ezek. 18. He that putteth forth to usury and taketh increase he shall not live, but die the death, viz: unless he repent and turn from his wickedness; for that condition is to be understood by warrant of the Lords own exposition, Ezek. 18.14, 15, 21. Bb. Downam in Ps 15. p. 312 313. Now unto Repentance, besides the inward loathing of the sin and sorrow conceived for it, is required (as that testimony; of Ezek 33.14.15. Plainly showeth) both a desisting from the practice of usury, and a restitution of that which hath been gotten by usury, with the harm of of others. For the first: it is the express Commandment of God by the Apostle, Eph. 4.28. Let him that stole, steal no more: and by Nehemiah more particularly in this case of usury Chap. 5.10. Let us cease from this burden; meaning usury: forsaking of sin accompanieth forgiving of sin: Prou. 28 13. Neither may we think that God remitteth those sins, which we ourselves retain. Now upon this forsaking of sin, will follow the second duty of repentance, Usurer's must make restitution else. 1 No repentance. namely restitution, as a necessary consequent thereof, which restitution whosoever maketh not, being able to restore, he neither hath unfeigned repentance of his sin, nor any sound assurance of the forgiveness thereof. He hath not repentance: for he doth not forsake the sin of theft and usury, that continueth in it, and he continueth therein that doth not make restitution. For so oft as a man remembreth, that whatsoever he hath unjustly gotten by usury, or any other kind of theft, to the damnifying of others, is not his own, but theirs whom he hath wronged, and yet refuseth (being able) to restore the same, Si res aliena propter quam peccatum est, cum reddi possit non redditur, non agitur panitentia, sed fingitur. 2 No sound assurance of remission. Epist. 54. ad Maced: so often he committeth theft. Therefore Augustine saith, that men do not repent indeed, but counterfeit repentance, if when they are able to restore other men's goods, wherein they have offended, they do not restore them As he hath not repentance which maketh not restitution, if he be able, so neither hath he any sound assurance of remission. It is a true saying of Augustine, Non remitti peccatum, nisi restituatur ablatum, that the sin is not remitted, unless that which hath been unjustly taken, be restored, namely, if the party be able to restore: for whiles a man continueth in his sin, he cannot believe the forgiveness thereof, and he continueth therein, until he make restitution. To restore is to cease from doing wrong, therefore he that shall not restore, doth not cease from the wrong. But it is further to be considered, to whom and when this restitution is to be made, and how fare forth. 1 To whom? To whom usurers must restore. Surely to him that hath sustained loss or harm thereby, Levit. 6.5. Numb. 5.7.8. That is, either to the use of the Debtor if he hath been bitten or to public and godly uses, if the Commonwealth hath been endamaged. 2 When? 2 When. So soon as thou desirest remission of thy sin, and reconciliation with God for so the Lord hath expressly commanded. Numb. 5.6.7.8. Levit. 6.2.3.4.5.6.7. viz. That the sin first must be confessed to God: Secondly, restitution is to be made to the party offended, the same day that thou seekest reconciliation with God, if not before: and Thirdly a sacrifice was to be offered, etc. The equity whereof remaineth unto us, that in the third place we should call upon God for the forgiveness of our sin, desiring him for and by the sufficient sacrifice of Christ (which was prefigured by the sacrifices of the Law) to forgive our sin Many will seem to seek reconciliation with God; but never think of making amends to their brother offended. But our Saviour Christ teacheth us another lesson, Mat. 5.23.24. How fare forth this restitution is to be made. How fare forth is this restitution to be made, that is, of what usury, and of how much? Ans. Not of meutall usury, where gain for loan is intended only and expected: for howsoever that intent corrupteth the act of lending, yet it polluteth not the free gift of the borrower, which is voluntarily given in testimony of thankfulness. And therefore it bindeth not the lender for restitution to be made to the neighbour whom he hath not wronged, but to repentance toward God. And of how much? For the quantity; so much at the least is to be restored as hath been gotten by usury with the harm of others: or if the offender be not able to restore so much, yet he must restore so much as he is able. The Lord in his Law commandeth, that the offender should restore the whole sum, and also add a fift part unto it, Levit. 6.5. Numb. 5.7. & Zacheus, to testify his repentance, promiseth four fold: that those men may know how fare they be from true repentance who will restore nothing at all. If any shall think or say, Durus est hic Sermo, this is a hard or harsh Doctrine, which is not so esteemed in respect of other kinds of theft: I Answer, the harder this Doctrine seemeth to Usurers then to other Thiefs and robbers, Note. Usurer's worse than other Thiefs. the more desperate is their estate then of others. And this may be another argument to aggravate the grievousness of this sin, that whereas other Thiefs and robbers, if once they be discovered, acknowledge their fault, and are willing to make restitution, Usurers though convinced of this sin, yet stand in defence thereof and think not themselves bound to make restitution. I could with much facility, confirm the judgement of this reverend Father, by the concurrence of a world of testimonies; but because the point is already discovered to be a manifest truth, I will but (a) Dyke of repentance p. 143 Mr. Smith 2. Sermon upon usury and in his Sermon of Zacheus conversion. Bb. King on jonah. Ch. 3. 8. name some of them that require Usurers to make restitution, and prefer to the Usurer's consideration, the judgement of a most learned and judicious Doctor. powel's positions of usury p. 68 69. Mr. Philip's Sermons p. 95. Bb. Sands in Sermon upon, Luke 1.74.75 Mr. Roger's strange vineyard p. 313. Bb. jewel, upon 1 Thess. p. 147. Perkins vol. 2. p. 197. If usury be an unlawful trade, Dr. Smith in Willet on Leviticus p. 632. as hath been sufficiently proved before; than it will follow, that what is wrongfully gotten must be restored home, and restitution be made of the wrong done. Usurer's to restore. So Zacheus professeth to recompense four fold what he deceitfully had gotten; the word is [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] taken from such as among the Athenians discovered those which carried out figs, which was forbidden, (they being had their in great price,) and so the word is generally applied to those, that accuse others wrongfully, and forge any cavillation against them, in like manner Usurers have tricks, and devices to enwrap and entangle their poor debtors. Usurer's have tricks to entangle their debtors. And if they will with Zacheus become the children of Abraham, they must make restitution of their unconscionable usury: so was it decreed in a general counsel, Counsels decreed restitution. Possessiones quae de Vsuris comparata sunt, vendi debent, et pretia his, ex quibus usurae extortae sunt, rescitui; possessions gotten by usury, must be sold, and the price given to them, of whom the usury was extorted; Lateran. Part. 16. c. 5. and Augustine also would have usury restored: Quia omne, quod male possidetur, alienum est, because every thing, which is ill possessed, belongeth to another; Epist. 54. But here in this case of usury, Cautions to be observed. these cautions must be observed. 1 That every thing gotten by money cannot be restored, but only those things: Quorum usus non est consumptio, which are not consumed in the use, as House, Lands, but meat apparel, which consume in the use, cannot be restored, but the value of them. 2. Besides the usury money, something may be gotten humanâ, industriâ, by humane industry and for that restitution is not to be made. 3. And if the lender be damnified, Per dilationem, by the detaining of his money; of that also a consideration must be had. 4. And all the price of the House and ground is not to be restored, but Secundum quantitatem usurae; according to the quantity of the usury received. To this purpose, Aquin. 2. 29. 18. art. 3. 5. Add hereunto, if the parties be not living of whom the usury was taken: then restitution must be made to his heirs, and next of his kindred, and for want of them to be given to pious uses according to the Law, Numb. 5.8. And so the Canon is: Qui usuras receperint, cogendi sunt, sub paenâ Excommunicationis, ijs àquibus extorserunt, velhaeredibus restituere, they which have received usury, are to be compelled under pain of excommunication to restore them to such, from whom they extorted it, or to their heirs, Lateranens. ibid. ubi supr. Conclusion. 2 Chro. 30.18 19 Now the good Lord pardon every Usurer, that prepareth his heart to seek God, the Lord God of his fathers, though he be not cleansed according to the purification of the Sanctuary. Acts 26 18. The good Lord open their eyes, and turn them from darkness to light, and from the power of Satan unto God: that they may receive forgiveness of sins, and inheritance among them which are sanctified by faith that is in Christ. Now the God of peace, that brought again from the dead our Lord jesus, that great Shepherd of the sheep, through the blood of the everlasting covenant, Heb. 13.20.21. make them perfect in every good work to do his will, working in them that which is well pleasing in his sight through jesus Christ, to whom be glory for ever and ever, Amen. Barnard. Serm. 61. in Cant. Meritum meum miseratio Domini. Mr. George Withers. TO make of griping usury their Trade among the rich. No scruple now is made In any place. For every Country-village hath now some usury, as well as tillage, Yea they that lending most of all detest though but for tolerated interest: Do nathlesse take those annuities which often proves the bitingst usuries; By nature money no increase doth bring, most, therefore think it a prodigious thing That money put to loan, should bring in gain. yet some of these by practice do maintain As monstrous usuries: and nought at all are touched in their conscience therewithal. In usury of Cattles or of Leases we may disburse our money for increases More biting fare than those who dare to take who by mere lending do advantage make As money naturally produceth nought, so, by the earth small profit forth is brought: Until both cost and labour we bestow, for little else, but thorns and weeds will grow. The Landlord, therefore, here I dare aver, to be no less a griping Usurer, Then is the money master: if he break the rule of Christian charity, and take More profit than his Tenant can afford, and such as these, are hated of the Lord. Of Usurers there are some other sorts who keep no certain place, but both in Courts, In Cities, and in Country-townes they dwell, and in the trick of gripping they excel; There be of these, that Use for silence take some others, an Usurious profit make. Of their authorities, and do advance their wealth by giving others countenance: Their carriages their neighbours fetch and bring they have their seed time, and their haruesting Dispatched almost for nothing: such as these are many of our Country justices. Some by another engine profit catch, they must be prayed and paid for dispatch Yea Clerks; and many of other officers are greater and more hateful Usurers, Then they that most are hated for that crime since these do often for a little time Which they delay unjustly take what may of no mean sum, the annual interest pay, These men are cruel: and yet worse by fare. most Treasurers, and their paymasters are For, that which due unto us doth remain they do not only overlong detain, But, oft, of every hundred, twenty take, ere payment of our, own, to us, they make They must have bribes, their wives must have Caroches. or horse, or jewels, after which encroches Their servants also, for some other dues (as they pretend) which if we do refuse To pay unto them, twice as much we lose, this trick enricheth also. Refers In Chancery, and in some other Courts and this or makes, or marreth most reports: This is that common cheat, and means by which mean officers so speedily grow rich, Although they give large Incomes, by this way their wives so on a sudden grow so gay, That were but Kitchin-mayds few years before yea many in the blood of Orphans poor Have died their gowns in Scarlet by such courses and clothed and fed themselves with widow's curses. George Withers. FINIS.