Lawful and Unlawful Usury Amongst Christians, Part 1
☞ What is vſurie.
LEſt that anye man might accuſe me as a mainteiner of vſurie, I wil bring a definition of vſury, not now deuiſed of my felſe, but long ago ſetforth by them, whoſe godlines in Chriſtes church hath gottē ſuch authorite, as can not be roted out by vſurers, or by theyr defenders.
Hierom vpō Ezechiel in his .6. boke doeth write thus. Some mē thinke vſurie to be only in monei, the which thinge godly ſcripture foreſeing doth take awai the ouerplus of eueryevery thīg, ſo that yu maiſt not receiue more than thou haſt geuen. Alſo other, for money put too vſury, are wont to take littell giftes of diuers ſortes of thinges: & they do not vnderſtande that the ſcripture calleth vſurie and ouerplus, whatſoeuer thing it be, that they take more, beſides yt whiche they did geue. Theſe be Hierōs ſaienges. Ambroſe of Nabuthe, ſayeth. Many fleinge the preceptes of the law, when thei hauehave deliuered their monei vntounto marchā tes, do not exact vſurie in money, but of their wares thei take in valure as of vſures. Therfore let thē hear what ye law ſaieth. Thou ſhalt not take vſurie of meates, nor of any other thinge. Therefore meat is vſurie, and apparell is vſurie, and whatſoeuer cōmeth too the ſtocke is vſurie, and what name ſoeuer thou wilt geue it, vſurie it is. So ſayeth Amb. Auguſtine alſo vppon the .36. Pſalme. defineth vſurie after this ſorte. If thou commit vſurie to a man (that is to ſay) if thou lende thy monei, of whome thou lokeſt too receyue any thyng more than thou haſte geuen, not onelyonly money, but anye thinge more than thou haſt geuē, if it be wheat, if it be Wyne, if it be Oyle, if it be anye maner of other things, if thou loke to receiue more than thou haſte geuen, thou arte an vſurer, and in that too bee diſalowed. Thus ſayeth he. Therefore, accordinge vntounto theſe mennes ſayinges: Vſurie is, not oneli to take, but alſo to hope and loke for any thinge, beſides that which is called the ſtocke: that is to ſaye, beſides that which is geuen, vnderunder what name ſo euer it be cloked. For the change of the name, doeth not take awaye the wickedneſſe of the vice which abideth.
And it is euidente in the .18. of Ezechiel, that that is vſurie, what ſoeuer is taken beſides the ſtock, when as the Prophet ſayeth: He lendeth nothinge vponupon vſurie, he taketh nothinge ouer. For as D. Kimhi doeth wel declare, what it is to lende vponupon vſurie, it is expoū ded by that whiche foloweth, where it is added: he hathe taken nothinge ouer. And ſo is it redde in the .25. of Leuit. Thou ſhalt not take of him vſurie, and anye thinge ouer, but thou ſhalte feare thi God. Thou ſhalt not geue him thy money vponupon vſurie, thou ſhalt not geue thy meat to receiue more ouer. Alſo Ceſars lawes in the boke of vſurie, in like manner call vſurie, whatſoeuer is taken beſydes the ſtocke: howbeit thei ſuffer the vſe of it after a ſorte, of the which we ſhal ſpeak afterwards. It is called vſura in latin, becauſe for the vſe of money a certain recōpenſe is receiued, wherby there returneth ſome vantage vntounto the vſurer. The Grecians call it Tocon, as a chylding or generatiō of the money ſtocke. In Hebrue it is named Neſchech, of byting, becauſe at ye laſt it biteth him, which payeth vātage. Thus much is now ſayd, to ſhewe what vſurye is.
☞ Wether vſurie bee lawfull or not.
WE do ſeke here too knowe not of vſurie of vſuries, whiche the Iewes dooe vſe, of the whyche noo man doubteth, but that it is vnlawfull and abominable, & in no wiſe to be ſuffered: but of ſymple vſurie, by the whiche more is takē than geuen, whether it be muche or littell, whether it bee done in money, or in other thinges. For this vſurie ſome men ſuppoſe not to be vnlawfull of it ſelfe, but excepte it too be made vnlawfull by vnlawful circūſtāces. I deny not that there may be fonde a kind of vſuri, which is not vnlawful, but profitable: ſuche is that vſurie, whiche is called earth vſurie, by ye which much more is receiued, thā was bi ſowīg to ye earth cōmitted. This vſurie doth he geue, whiche geueth vntounto all mē all things, & … not wtſtāding, hath neuer ye leſſe. That vſuri is ſo geuē, that it hurteth nothinge the geuer, & muche profitteth the receyuer, and is not to be cōdēned of couetouſnes, but rather by reaſō of great good will and excellent well doinge is muche to be prayſed.
Beholde, here is a kinde of vſurie for the, lawfull, profitable, and godly, by the which Abrahā and Iſaac became ryche. By thys ſome tymes thirty folde, ſome tymes ſixty fold, and ſome times an hundreth folde, without ſinne is bothe geuen of God, & alſo receyued of man. This vſurie did oure forfathers much vſe, which nowe is rekened vile, & forced too geue place vntounto the damnable vſurie of money. And there is an other certen vſurie, by the whiche without any ſinne, a mā maye take an hundreth for one. This Chriſt hī ſelfe in ye ſted of his father, as a ſhuerti doeth promiſe vntounto his faithfull, ſaying: And eueri one, which ſhal leaue houſe, or brethrē, or ſiſters, or father, or mother, or wife, or ſō nes, or fyldes, for my name, ſhall receiue an hūdreth fold & poſſeſſe life euerlaſting. Mat .19. Behold an other & a heauēly kind of vſuri, vntounto ye whiche we be called & not feared frō it. But I pray you, ſee how many there be, whiche ſette their minds to ye gethering of heauēly riches, wt ſo great gaines?
By theſe exāples of vſurie it is proued, not to be vnlawefull of it ſelf, to reſtore more thā yu haſt receiued, or els to receiue more than thou haſt geuē: but whether ye ſam ſorte of vſurie, which in our tyme hath ye vpperhād, & of ye which at this time we ſpeake, hauehave the ſame reaſon, yt the vſurie of ye earth, or ye heauēly vſurie hath, by ye whiche God him ſelf is … greateſt vſurer of all other, this nowe muſte bee ſpied with ſimple & pure eies:
They, which defend cuſtomable vſurie, doe deuiſe manye thinges which thei mai ſhewforth, & wherby thei mai be bold to ſai, that it is not vnlawful. Thei brīg ye law out of the boke, called ye code in ye treatiſe of vſures, by ye whiche is permitted, yea ordeined ye hūdreth, & the halfe of ye hundreth &c. & they thinke yt ye authorite of ye ciuill law maketh yt, which thei do, either not to be vſurie, or if it be vſurie, not to be vnlawful vſurie: we aūſwer yt the law maker was forced of neceſſite, not to defēd vſurie, but too ſet ſome ſtai of exceding couetouſnes, ye which thing ye text of ye lawe it ſelf proueth, for it taketh awaye great hurtfulnes of vſury, & apoī teth certē meaſures, ouer ye which nothing mai be claimed. His deſire was without dout, yt ſuch charitie might preuail amōg chriſtiās as ſhuld leaue no place vntounto vſurie: but for becauſe yt couetouſnes did grow paſt meaſur, he iudged it nedefull yt it ſhuld be kept in by latiſes or railes, & therfore he cut awai ye hurtfulnes of vſurie, euen vntounto ye middeſt of it. Wherefore ye law doeth not maintein vſurie, & make it lawful, but rather witneſſeth yt charite amōg chriſtiās was waxē cold, & moſt filthi & abominable couetouſnes growē ſo farre yt it muſt be kept vnderunder, by ye authoritie of ye Emperor. And ſo as ye law of diuorce, made by Moiſes, dyd not excuſe ye Iew afore god, which vſed ye law as to be giltles of breaking wedlock: likewiſe this ciuill law doth not make vſuri ſo lawful yt a chriſtē mā mai vſe it withoute offēce afore god. As Chriſt ſpake vntounto ye Iewes of ye law of diuorce: It was not ſo frō ye beginninge, & for ye hardnes of your harts, Moyſes did ſuffer a byll of diuorce, & ſo ſente them back vntounto the fyrſte begynninge of lawfull wedlocke, vntounto the which thei ought to conforme thē ſelfs: euē ſo in this caſe or cauſe of vſurie, we chriſtians muſt loke vntounto ye purenes, beginnings, righteouſnes and equite of chriſtē religiō, which is to be ſene Math .5. & Luc .6. & we muſt not loke vntounto the ciuil lawes. For thei are not made for chriſtiēs, whiche hauehave no nede of ciuill lawes, to ye ende yt thei there by ſhould be ſtayed frō their couetous deſire, leſt that the breake & leape ouer the border of meaſure. For they are ſo gyded by the ſpirit of louelove, yt thei louelove their neighbor hartely, & are ready to beſtow vppon him, not onelyonly their money, but if nede be, euen their life alſo. Where as this louelove preuaileth, there canne be no place for anye coueteouſnes: nor there is no reaſon or cauſe for any ſuche lawes to be eſtabliſhed by the whiche coueteouſnes maye be meaſured. Wherefore the minde of the lawemaker was not too mainteyne him, which in lending requireth vſurie, but too prouide for him yt boroweth: le…t yt becauſe he is oppreſſed wt nede, he ſhould be forced to borow monei, & then by the vnſatiable couetouſnes of vſurers, he ſhoulde be vtterly pilled and ſpoyled, when as charite is ſo colde, that he can fynd none, that wil lend frely without vſury. Wherfore yt law, made by a chriſtian Emperour, concerninge vſurie, is a plaine profe, that louelove of neyghbors was waxē cold, to the great ſhame of the chriſtē name: & ſo it is far frō excuſing of vſurye, in any ſuch ſort as to make it lawfull. Chriſtiās are in caſe, partly by ye inward gyding of ye holi goſt & partly by the lighte & authorite of gods word, to be called frō all thoſe thynges, whiche dyſpleaſe god: ſo yt they nede not by any cō ſtraynt of Emperours lawes ether to be forced or feared. Cyuyl lawes do not forbyd al thīgs yt be vnlawful afore god: & what thīgs they forbyd not thoſe things they punyſh not: howbeit therby it cā not be proued, yt al thyngs ar lawful afore god, which ar not forbiddē vntounto vsus by ciuil laws. They do not forbid anger, indignaciō, vnpacyence, enuy, hate, pryde, euill luſts, couetouſnes & ſuch other as the Apoſtle calleth the dedes of ye fleſh, and ſayth yt they do ſhit out of ye kingdō of god al thoſe, yt hauehave ſuch minds.Gala .5. Wherfore no mā that doth any ſuch thīge is therfore excuſed a fore god, becauſe he is not cōdēned by any ciuil law. ☞Agayne ye ciuill lawes do not cōmaunde al thoſe things, yt are requiſite vntounto true rightuouſnes. No ciuill law cōmaundeth fayth, hope, louelove of god & thy neibor, paciēce in aduerſite, gētilnes, meknes, lowlines & modeſty &c. Whervpō not wt ſtanding no mā ſhold ſuppoſe, yt he is not boūdē vntounto theſe, becauſe yt if he be otherwyſe diſpoſed, he is bi no ciuil lawes cōdēned. Furthermore they ſuffer ſōe things for certain cauſes, which yt not wtſtādīg afore god be vnlawfull, & by gods word ar cōdēned. They doe ſuffer thē not as in thēſelfs right & lawful, but yt worſe thīgs may be ſhut out & diſplaced. So thus far alſo thei ſuffer vſury, yt a meaſure of couetouſnes mai be limited. Thei do not poniſh whordōe, nor take not awai ye ſtewes: yet therbi no whormōger is excuſed afore god, nor yt of ye Apoſtle is not made of none effect Ebr .13. Wedloke is honorable & holy but whoremongers and adultrers the lord ſhal iudge. Lyke wyſe al thoſe threatnyngs, whych in holy ſcripture cōdemne vſurers, be not therefore made of none effect, becauſe they bee not condemned by ciuill lawes, but ye ende of ciuill lawes is to be conſidered: and we muſte not thynke that they are made to make men ryghteous afore god, but to kepe men ſome what in a tollerable order, liuing together, and that the malice of man ſhould be reſtreyned wythin ſome border. Theſe woulde I knitte vp in fewe wordes, for an anſwere vntounto them, whyche by the pretence of ciuil lawes do ſo defend ye vſury of our times, yt they denie it to be vnlawfull afore God.