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Lawful and Unlawful Usury Amongst Christians · Wolfgang Musculus

Lawful and Unlawful Usury Amongst Christians, Part 5

¶ Of the vſurie of wydowes and the fatherles.

THey, that be tutors either of widowes or of the fatherles moue here a queſtion, concerning ſuch money as is not their owne, but remayneth by enheritance vntounto widowes and orphanes, whether it be lawfull for them to let out that monei vntounto vſurie, and deliuer it to be vſed of them, which without their owne hinderaunce may yearely repay ſome vſurie. They ſaye the monei is not oures, but we be truſted with it. That, whiche we do, is not for our owne gaine, but for the widowes and fatherleſſe. Wherefore we are not in this too be blamed, as thoughe by takinge vſurie, we ſeke oure owne. For we ſeke not our owne, but the profet of others, widowes & fatherles: and ſo we fulfil the worke of charite, and we do as we are bonden by promes vntounto them.

I aunſwere: I know that thys was a cuſtome amongeſt oure fathers, afore peſtilente vſurie had defiled the church, that yt was permitted vntounto widowes & orphāts, which was permitted vntounto none other. All vſurie was called euil, except that of widowes & of ye fatherles. At the laſte, all the gates were opened vntounto this euell, and gaine of vſurie graunted too anye man. But how wel widowes and orphanes were prouided for, the corruption of the times folowing doeth euidently witnes. There coulde hauehave ben brought no euill more noyſomme into the churche of Chriſte, by the whiche afterwarde the goodes of widowes & fatherles began miſerably too be waſted. For when as the fyre of vſurie hath eaten vp all the welth of a familie, after the death of the father of the familie, what remnant remaineth vntounto widowes & fatherles, that maye be lette oute vntounto vſurie.

Should it not hauehave ben better for the prouiſion of widowes & of ye fatherles, if liberte of vſurie cold no where hauehave hadde any place amonge chriſtiās? Nowe, becauſe gaine of vſurie is crepte in vnderunder ye pretēce of widowes & orphāts, vntounto them can not come of ye vſurie of theſe times anye ſo greate gaynes, as hurt and hinderaunce, that is ſpronge oute of that ſufferaunce of oure ancitours.

Furthermore, it is euidente enough by reaſon of that ſufferāce that vſurie was not therfore ſuffered vntounto widowes and fatherles, becauſe it was lawefull: for if it had ben taken as lawfull and fauteles, wherfore ſhould there hauehave ben any ſufferāce and permiſſiō? but for that, which was vnlawful vntounto others, was thought yt ī ſuch ſort it might be ſuffred vntounto wydowes and fatherles, whē as charite the mother of all liberalite, began in the churche, not onelyonly to waxe colde and fruiteles, but vtterly dead and vanquiſhed.

But, & if the apoſtles precept, concerninge widowes .1. Timo .5. had ben kept, certenly thei mighte farre better, & more chriſtian like hauehave ben prouided for, than by ſufferance of vnlawfull vſurie.

If a yonge woman were a wydow, ſhe ſhould be occupied with ſome honeſt labor, and being of a baſſe ſtocke, ſhe ſhould be either a waiting, or a bonde ſeruaunt vntounto her ancientes, vntill ſuche time as God did geue good occaſion of conuenient mariage. If ſhe were olde, ſhe ſhould liue ſimply of her owne, ſo longe as her owne gooddes did laſte: and after that they were ſpent, ſhe ſhould be fonde of her kinſfolke, or if thei were not able, then ſhould ſhe liue vponupon the churche goodes, accordinge to the cuſtom of the Apoſtolical church. When as at the beginning of the growinge of the church by faithfull contributors churche goodes were laid together, how were thei thē diſpoſed? Thei were diuided, accordinge vntounto eueryevery mās nede, and were not let oute vntounto vſurye for gains. That ſimplicite did wel agree with faithfull chriſtianite: and did muche commēd yt charite, by the which badge Chriſts ſcholers are knowen. But now in thys vſurers world and ſeaſon, howe faithfully the nede of widowes & fatherles is prouided for, it is by ouer many exāples daili declared.

Howbeit, that vſurie might eaſely be ſuffered, by the which it is thought that ye nede of widowes, fatherles and power hoſpitals be prouided for, if the confuſe heape of other vſuries and vnlawefull bargens mighte bee vtterly taken awaye, either by the authorite of gods worde amongeſt them, that wil be taught to feare God, or els by the power of the magiſtrates, whiche ought in theſe aſſembles, ſummoned by the Emperor, not to be leſte regarded: if, as is pretended tended, ſo ther be indede any ſekīg of ye reformatiō of chriſtes church.

Wherefore it is hartelye to be wiſhed, that if all vſurie cā not vtterly be bāniſhed oute of Chriſtes church: yet at the leſte yt this vſurie be not ſuffered, by the whiche the ſubſtāce of pore men be miſerably, cōtrari vntounto chriſtē charite, pilled and piked, yea, ſupt vp and deuoured: I mean yt vſurie, which the ryche doth require and take of him, whome he knoweth to be vnable to beare the hinderaunce of vſurie, and vntounto whome throughe the affection of true louelove, according to the ſentence of Chriſt our ſauioure, he oughte either by geuynge or lendyng to ſtreach forth hys handes, not too ſpoyle, but to helpe.

Againſte this kinde of vſurie: The Canoniſt hauehave apointed certē penaltes beſydes gods poniſhement, which the vſurers deſerue. Firſte that they bee noted of infamie, wyth infamye of the lawe, and that alſo by the ciuil lawe as wel as by the canon law. Furthermore that they bee not admytted vntounto the communion of ye church. Thirdly that they be imbarred of buriall belongynge vntounto Chryſts churche.

Fourthly that theyr teſtamentes and willes be of nōe effect by any law, wyth manye others ſuche kyndes of iuſt penaltes. But theſe hauehave remayned in papers, and in the meane ſeaſon vſurers in the church hauehave honors wyth vnlawful gotten goods. And ſuche vnſhamfaſtnes hath preuayled vnpuniſhed, yt manye magiſtrates, princes, & other great perſonages doe geue liberte vntounto the Iewes, in their dominions to exercyſe not only ſimple vſurye, but alſo that, which is named vſury of vſurers & they doe not onelyonly geue licence, but they alſo let out houſes, & bargen wt thē for certayne exaction, what they ſhall yearely paye for liberte to exercyſe vſury, & moſte vnrighteouſly they force their ſubiectes to be bounde to paie ſuche vſuries. And here is ſetled that biſhoplike correction, which pardoneth rauēs, and plageth doues But here we make an ende of thys cōſideraciō of vſury. For as I ſaid of the firſt it myght wel be thogh great folye, to be muche occupyed in ſuch a mater, that, beynge lyke vntounto the gowte, can be helped by no handes of any ſurgery. Thys euill is waxen ſo bygge, yt after ye admonition of many good menne it is becōe vncurable. For it hath corrupted euen the crownes of the heades of thoſe, whyche oughte by their autorite to hauehave wtſtande ſuch corrupcyon, and to hauehave kept and ordered the other lower members in the trade of true righteouſnes. It is Chryſtes ſaying: If the ſalt be vnſauery, what ſhalbe ſeaſoned therwyth? alſo: Ye are the light of the world. If the lyght, whych is in you, be darknes, how great ſhal the darknes of the bodi be? Ther remayneth nothyng els, but that we loke for the hande of the Lorde, whyche ſoone ſhall remoue oute of the churche all kynde of corrupcion. The Lorde come at once, and deliuer his Amen.