Lectures on the 25th Psalm, Floating text 1 – Floating text 2

Lectures on the 25th Psalm · Floating text 1 – Floating text 2

p. 150Of the name of Vsurie, and of contracts in generall.

VSurie hath his name of the Latine word Vsura, which in the first signification thereof, signifieth the vse or fruition of any thing, as of money, Cic. 1. Tuscul. Natura dedit vsuram vitae tanquam pecuniae.

Secondly, Vsura signifieth any accession, addition, ouerplus or increase aboue the principall, which is yeelded to the creditour in respect of the vse of money lent or forborne, or of any thing else which is spent in the vse. And this increase is either voluntarie or exacted. The voluntarie increase is a free gift, gratuitie, or reward, which the borrower or debtour hauing gained by the imployment of the money borrowed, voluntarily and freely giueth to the lender, in testimonie of his thankfulnesse for the benefit receiued; which some call vsuram or foenus liberale. The exacted increase, is that which the creditour demaundeth either as a recompence of some losse or hinderance which he sustaineth through the default of the borrower, or as a gaine couenanted for loane. The former is called Vsura compensatoria, recompencing vsurie or interest; the latter is termed Vsura quaestuosa, or foenus, gainefull vsurie.

Of the liberall Vsurie (if I may so call it) which is nothing else but a thankfull reward, or gratuitie, as also of the recompencing vsurie or interest, there is no question to be made, but that in themselues they are lawfull: but of the gainefull vsurie is all the controuersie. And thus the Latine word Vsura is distinguished; the English word p. 151Vsurie, though deriued thence, yet is otherwise vsed: for neither is it taken at any time for vse, or for liberall vsurie, or recompencing vsurie, but onelyonly for gainefull vsurie, whereof our question is. And in this sence it is taken two wayes, either for the gaine it selfe, couenanted or principally intended for loane, which in Latine is properly called foenus; or for the contract it selfe of lending for gaine, which properly is called foeneratio. Of the contract, the holy ghost speaketh in this place, whereby a man giueth or putteth forth his money to vsurie.

Whereas therefore Vsurie is a contract, let vsus briefely distinguish those contracts which concerne the alienation or permutation of goods, that it may the better appeare, what kind of contract it is: for such contracts are either for the perpetuall alienation of goods, or but for a time. The perpetuall alienation, if it be liberall and free, is giuing: if for recompence, then is it a commutation either of ware for ware, which is called barterie; or of money for money, which is called exchange; or of ware for money, which is selling; or of money for ware, which is buying. The alienation which is but for a time, is either of the vse onelyonly, or of the propertie also: that which is of the vse only, if it be liberall and free, is called commodation, or lending to vse; if for recompence or hire, then is it called location, or letting to hire; that which is not onelyonly of the vse, but of the propertie also, if it be liberall and free, it is called mutuation, or lending to spend; if illiberall and for gaine, it is called vsurie.

What Vsurie is.

Wherefore the contract of vsurie is nothing else but illiberall mutuation, and may thus briefely be defined: Vsurie is mutuation, or lending for gaine. This briefe definition doth fully set forth the true nature of vsurie, and sufficiently distinguisheth it from all other contracts whatsoeuer.

p. 152For first I say it is mutuation or lending, wherein all learned men almost, whether they write for vsurie or against it,Sum. Angel. …. vsus…a. doe agree. In solo mutuo (sayth one) vero vel interpretatiuo consistit vsura secundum omnes doctores, that is, Vsurie according to all the Doctors, consisteth only in loane, whether it be a bare contract of loane, or else cloaked vnderunder some other contract, which may be resolued or reduced vntounto loane.De Vsur. c. 8. Likewise Car. Molinaeus, the chiefe patrone of Vsurie, It is the common opinion of all (sayth hee) that Vsurie properly is not committed but in loane: and again loane is the subject of vsurie.Subiectum vsurae mutuum. Which is also presupposed in the Scripture, Exod. 22. 25, If thou lend money to my people, namely and especially to the poore with thee, thou shalt not be as an exactour or as an vsurer vntounto him, you shall not impose vsurie vponupon him. And the same, if need were, might be prooued by the other relatiue, which is borrowing: for lending and borrowing are relatiues. And if he which taketh vp money vponupon vsurie, be a borrower, then he that giueth or putteth it forth vntounto vsurie, is a lender.

The contract therefore of Vsurie is a contract of lending: and whatsoeuer is not a contract of lending either plainely or couertly, that is not a contract of vsurie. Now in the contract of mutuation or lending, diuerse things concurre, which also belong to the nature of vsurie.

1. That it is of such things as are spent in the vse, and consist in quantitie, that is to say, in number, weight, or measure; as money and victuals, corne, wine, oyle, &c. which are particularly mentioned, Deut. 23. 19. Leuit. 25. 37. Neh. 5. 11.

2. And therefore is alienation not onelyonly of the vse, but also of the propertie, from which the vse (of such things as are spent in the vse) cannot be seuered.

3. As the propertie is transferred to the borrower, so the borrower standeth to the hazard of the thing borrowed.

4. That it is not a perpetuall alienation of that which p. 153is lent but for a time, which time being expired, the borrower is bound to restore the principall.

5. Because the thing borrowed is to be spent in the vse, therefore the borrower is bound not to restore the selfesame particular which he borrowed, but so much in the same kind or of the same value.

6. It belongeth to the nature of lending, that it bee free and liberall. But herein vsurie peruerteth the contract of lending, being illiberall and for gaine: for vsurie is a contract of lending, wherein the creditour or lender requireth of the borrower not onelyonly the principall in the equiualent or full value thereof, but also an ouerplus or gaine. And this is that which followeth in the definition, as the difference to distinguish it from free lending, that it is for gaine.

By gaine is meant any addition ouerplus or increase ouer and aboue the**The summe lent, we call the principall: the Latines, sortem, the Grecians, foreign & foreign. principall, whether it be money or money worth, required not for the indemnitie of the creditour, to saue him harmelesse, but for his aduantage to make him a gainer by lending; for that onelyonly is to bee esteemed gaine, which is an ouerplus, clearely gotten aboue the principall. And whereas I say it is either mony or money worth: this money worth reacheth farre, not onelyonly to goods and wares, but also to labours and seruices, and whatsoeuer else being valuable by money, may lawfully be let or sold for money. And when I say that vsurie is lending for gaine, it is meant, that in the first act of lending vponupon vsurie, or afterwards in the forbearing, whereby that lending is continued, gaine is, if not couenanted for, yet at the least intended. So that where there is a couenant or intent of gaine by loane, whether it be in the first act of lending, or afterwards in the forbearing, it is vsurie: and contrariwise, where there is neither a couenant nor intent of gaine in lending or forbearing, there is not vsurie, though there be an ouerplus or increase receiued ouer and besides the principall. Now, that Vsurie is p. 154thus to be defined, it is euident: first, because as all vsurie is lending for gaine (as no man of learning will denie) so reciprocally all lending for gaine is vsurie; neither can it truly be referred to any other contract: as I will make it plaine anone, when I shall shew, how Vsurie by his definition is distinguished from all other contracts whatsoeuer. Secondly, because all lending for gaine, and all gaine required for loane, is in the Scriptures condemned vnderunder the name of vsurie.

The Hebrew word Neshek is the ordinarie name to signifie vsurie, as foenus in Latine, or foreign in Greeke, or vsurie in English. For the mony which is lent vponupon vsurie, is called Noshek, a biter, or which biteth: and the Hebrew phrase, which signifieth to be lent vponupon vsurie, is to bite, as appeareth plainely, Deut. 23. 19, Thou shalt not lend vponupon vsurie to thy brother money or meat, or any thing else, Asheriishak, which biteth, that is, which is lent vponupon vsurie: for whatsoeuer the vsurer lendeth, it hath teeth and jawes to eat and consume the substance of other men; his corne or victuals which were made to be eaten, doe eat; and his money which was made to be spent, doth wast the substance of others. And therefore Hebrew writers doe teach, that in the name of vsurie is included an admonition, not to borrow vponupon vsurie: for he which taketh money vponupon vsurie, taketh as it were a serpent into his bosome. Now the money which is lent vponupon vsurie, is said to bite or gnaw, because it biteth & gnaweth away some of the borrowers goods, which when it is repaid, it bringeth with it to the lender: and for this cause the vsurer who lendeth forth his mony vpō vsurie, is said in the same place,Deut. 23. 19. Lo Tasshik.Deut 23:19 to cause his mony to bite; and the gaine or ouerplus, whether it be more or lesse, which the money lent vponupon vsury hath bitten away from the borrower, whither he be rich or poore, is call Neshek.

And further that Neshek is the ordinarie word in the Scriptures to signifie vsurie, and also that all increase and p. 155gaine aboue the principall exacted for loane is vsurie, is manifestly proued by the other words which the holy Ghost vseth to expound the word Neshek, and to signifie vsurie; those are Tarbith and Marbith, both deriued from the same root Rabah, which signifieth to increase: & they are fitly translated incrementū, augmentum, increase; amplius, more: so that he which exacteth an increase or gain aboue his principall, or requireth more by couenant than hee lent, he taketh Tarbith or Marbith, that is vsurie. The Grecians translate it foreign, that is, sayth Balsamon Nysseni scholiastes, when a man doth lend any thing that hee may receiue more than he gaue. And that these words are vsed for exposition of Neshek first the text it selfe in the Scripture, Leuit. 25. 36, 37. Pro. 28. 8. Ezec. 18. 13. & 22. 12. doth plainely proue: Where these words being vsed as Synonyma, that is, as words of the same signification, Tarbith and Marbith, are set after Neshek, foreign, that is, by way of exposition. This is also testified by D. Kimhi writing vponupon Ezech. 18, where he setteth this downe as the receiued opinion of the Iewes,Hu Neshek hu Tarbith. that Neshek and Tarbith are all one. And the same is confessed by Caluin himselfe, that wheras vsurers auoided the name Neshek, which signified biting, as they doe the name vsurie among vsus, as being odious; and therefore alledged, that they tooke not Neshek but Tarbith, as among vsus they will not be thought to take vsurie, but consideration,In Exod. 22. 25 Leuit. 25. 36, 37Exod 22:25Lev 25:36Lev 25:37 vsance, or interest: therefore the Lord forbiddeth as well Tarbith as Neshek, whereby hee condemneth generally Quamlibet sortis accessionem (sayth Caluin) any addition or increase aboue the principall. And vponupon Ezechiel, cap. 18. he sayth, The Prophet condemneth not only Neshek, which signifieth biting, but also Tarbith, which he translateth incrementū, increase: hoc est (sayth he) quicquid lucri sibi auari homines conciliant ex mutuo, that is, whatsoeuer gaine couetous men doe get to themselues by loane. And the like may be said of foreign and foenus, which are the fruit or birth of money, be it more or lesse. Lastly, this is the p. 156receiued opinion of the most approoued and ancient writers in the Church of Christ, as of Ambrose, Hicrome, and Augustinc, to which wee may adde the authoritie of the counsell held at Agatha, all which are to this purpose cited by Gratian, Caus. 14. q. 3.to prooue, that whensoeuer any gaine is exacted for loane aboue the principall, it is vsurie: for whereas some imagined, that they committed not vsurie, because they tooke no increase or gaine in money, but in wares and other commodities,Lib. de Tob. c. 14.Tob 14 Ambrose sayth, Et esc… vsur… est, & vestis vsur… est, & quodcunque sorti accedit vsur… est: quod …elis ei nomen imponas, vsur… est: Meat is vsurie, and garment is vsurie, and whatsoeuer is added ouer and besides the principall, it is vsurie; giuegive it what name you will, it is vsurie.Lib. 6. in Eze. 18.Ezek 18 Hierome likewise: Some think (sayth he) that vsurie is onelyonly in money; which the holy Scripture foreseeing, taketh away the ouerplus of eueryevery thing, Vt plus non recipi…s quam dedisti, That thou receiue no more than thou diddest giuegive. Againe, some (sayth he) for money lent, receiue gifts of diuerse kinds, and they doe not vnderstand that it is called vsurie and increase, whatsoeuer it be that they receiue aboue that which they gaue. And to the same purpose is that which is alleadged out of the counsell held at Agatha, Vsur… est vbi amplius requiritur quā datur, It is vsurie, when more is required than is lent. Augustine goeth further,In Ps 36.Ps 36 If thou (sayth he) hast lent money to any man, of whom thou lookest to receiue more than thou gauest, not money alone, but any thing more than thou gauest, whether it be wheat, or wine, or oyle, or any thing else; if thou expectest to receiue more than thou gauest, thou art an vsurer.

VponUpon which testimonies Gratian concludeth, behold it is euidently declared, That whosoeuer for loane is exacted aboue the principall,Lactant. de vero cult. 1. 6. c. 18. it is vsurie. Lactantius also speaking of vsurie, sayth, To receiue more than thou gauest, it is vnjust: and afterwards addeth, That a justman will not defile himselfe with such gaine. Likewise, all increase p. 157whatsoeuer required for loane, in the ciuile law also is accounted vsurie. Lastly, the common lawyers are of the same judgement: For Glanuile, who was lord chiefe Iustice of England in the dayes of Henry the second, teacheth, that vsurie is committed, when a man hauing lent any thing that doth consist vponupon number, weight, and measure, doth take any thing ouer and aboue his loane, Lib. 10. cap. 3.

And thus it appeareth, that the true nature of vsurie is expressed in this definition. Let vsus now see how by this definition vsurie is distinguished from other contracts, and also other things which may seeme to hauehave some affinitie therewith: for of the rest it is needlesse to speake.

It is therefore distinguished I. from all liberall contracts, as that of donation, or free gift▪ of mutuation, or free lending to spend; of commodation, or free lending to vse; because they be free and liberall, but vsurie is illiberall and for gaine.

2. From all lawfull buying: because in buying there is a perpetuall alienation of money, in vsurie but for a time: and therefore in the contract of buying & selling, the seller is not bound to restore the money againe; but in the contract of vsurie, being a contract of mutuation or loane, the debtour is bound after a time to restore the money againe. Whereby it appeareth, that a contract of buying rents, whether for euer, or for a mans life, wherein there is an absolute bargaine and sale, and a perpetuall alienation of the principall, howsoeuer there may be injustice therein, if equalitie be not obserued, yet is it not vsurie: for the subject of vsurie is loane, and by the contract of loane the borrower vndertaketh after a time to repay the principall.

3. From lawfull Location or letting to hire: which is the rather to be obserued, because some imagine, that money and other things which are lent vponupon vsurie, may as well be let as other things. But there is great difference p. 158-159betwixt vsurie and the lawfull contract of Location or letting. And first they differ in the subjects: so that the things which be lent vponupon vsurie cannot bee let, namely, to that vse for which they are lent, and those things which be let cannot be lent vponupon vsurie.

p. 160To conclude therefore, things that stand in quantitie, in number, weight and measure, as money, meat, and drinke, wine, oyle, &c. and are lent to be spent, Non cadunt in commod…tum aut locatum, they cannot be let. For in such things, contrarie to the contract of Location, the propertie with the vse is transferred to the borrower, and hee becommeth owner for the time thereof: neither is there in such things themselues any fruitfull vse, which is valuable by it selfe, being spent in the vse: but if there arise any gaine, it is to be ascribed to the skill and industrie of the borrower, who is the owner for the time of that which he borroweth. Neither is he to restore the same particular, impaired by the vse, but the full value in the same kind with better rather than worse: neither doth the lender but the borrower stand wholly to the hazard and perill. And therefore the letting of such things as are not lettable, is nothing but meere vsurie vnderunder another name. Indeed if such things as stand in quantitie, as money and such like, be not lent to be spent according to that vse for which they were ordained, but to some other vse and purpose; the lender communicating onelyonly the vse, and retaining the propertie, requiring again the selfesame particular to be restored, himselfe also perhaps standing to the hazard, if it miscarrie without the borrowers default; thē this contract is not mutuation (for therby the property is alwaies altered) or vsurie, but cōmodation, if it be free; or location, if it be for hire. Howbeit, this hire, vnlesse the letter do stand to the hazard, or vnlesse the thing be impaired in the vse, ought to be little or nothing: for if there be inequalitie betwixt the hire and the vse, though there be not vsurie in such a cōtract, yet there is vnjustice.

4. From the contract of partnership: wherein one man hauing perhaps no skill in merchandise, committeth a stocke of mony to another, being a marchant or tradesman, to the end that he may imploy the same in some lawfull traffique, and couenanteth with him not onelyonly to be p. 161partner with him in a proportionable part of his gaine, if it please God to make him a gainer, but also to partake with him in the losse, which without his default hee shall sustaine. For here, although there be expectation of gain, yea and a requiring and taking of gaine for the most part, yet there is not vsurie: for in partnership, the propertie of the money is not transferred vntounto him that receiueth it, but remaineth in him which did deliuer it, and at his hazard and perill it is imployed: and therefore in partnership there is not so much as loane, and much lesse vsurie: for as Molinaeus truly saith, In contraectu societatis cessat subiectum vsur…, scil. mutuum: in partnership the subiect of vsurie ce…seth, viz. loane. For in loane the propertie is transferred to the borrower, and with the propertie the hazard: so that if the principall miscarry, it miscarrieth to the borrower; it is safe to the lender, by the very contract of mutuation or lending, wherein the borrower secureth the lender by such securitie as the lender thinketh sufficient, whether it be his word, or his bill, or his bond, or his pawne, or his suretie, for the repayment of the principall. In the contract of partnership, he that deliuereth his money to the other, doth not couenant absolutely for the restitution of his principall, and much lesse for gaine, but conditionally, according to the euent or successe of the negotiation; couenanting as well to be partaker of the losse as of the gaine. But the contract of mutuation or free lending, bindeth the borrower by an absolute couenant to restore the principall: and the contract of vsurie bindeth the borrower by an absolute couenant, not only to repay the principall, but also to yeeld the ouerplus couenanted for. And this absolute couenant is not an abuse besides the nature of this contract (as some hauehave imagined) but as the absolute couenant of the restitution of the principall is included in the contract of mutuation, so the absolute couenant not only of repaying the principal, but also of paying vsury, is included in the cōtract of actual, or p. 162as they call it, formall vsurie: and is so of the nature of this contract, that where this absolute couenant is not, there is not actuall and formall vsurie. For if there be a couenant onelyonly in euentum lucri, to gaine if he gaine; or a bare expectation of gaine for loane without any further couenant, but for the restitution of the principall, then is the former not formall vsurie, though it bee mentall and actuall in part, and the latter is but mentall vsurie: & not then neither, if as on the one side there is a couenant of partaking gaine, if there be gaine; so on the other side there be a couenant of partaking losse: or as there is expectation of gaine, if the borrower gaine, so there be an vnfained purpose of bearing part of the losse, which the borrower without his default shall sustaine: for then the former is the contract of partnership; and the latter in respect of the outward act, is the contract of lending: but in regard of the purpose of the heart, intending gaine where there is gaine, and purposing to beare part of the losse where there is losse, it is partnership. Where by the way we are to note, that howsoeuer vsurers doe build their practise vponupon the judgement of some diuines, yet no godly learned diuine doth allow the vsurie which is vsually practised. And I am persuaded, that if they vnderstood this absolute couenant or expectation of gaine, without purpose of hazarding the principall or any part thereof, to be of the very nature of an vsurious contract, as indeed it is, they would neuer hauehave spoken or written word in the defence of vsurie. For they would not hauehave a man to make an absolute couenant for gaine, but in euentum lucri, that is, that he may couenant, if the borrower shall raise a lawfull gaine, to hauehave part thereof. And they define that vsurie which they allow, to be partem lucri, part of the borrowers gaine. So that by their judgement, if a man borrow money, not to make a gaine of it, but otherwise for his necessarie vses, of such an one no gaine is to be required: or if the borrower, which takes vp money, p. 163hoping to raise a gaine thereby, shall not gaine, of him there is no gaine to be exacted. But if the borrower shall not onelyonly bee no gainer, but notwithstanding hee hath vsed his skill and diligence in his trade, shall also prooue a looser, the constant judgement of learned diuines in this case is, That the lender, which for his loane either couenanteth or looketh for gaine, must be content to beare part of the losse: so that the difference which is in substance of matter betwixt those diuines which seeme to speake for vsurie, and vsus that speake against it, is very small. They allow that contract, in which there is a conditionall couenant for gaine, if the borrower gaine, with an vnfained purpose of partaking in his losse: We allow that contract wherein there is a couenant, as of partaking in the gaine when there shall be gaine, so of bearing part of the losse, when there shall be losse, without his default that receiued the money to employ it, that so there may be equalitie. Which contract in substance differeth little from the former: for if thou must hauehave an vnfained purpose to beare part of the borrowers losse, and art bound in conscience to put that purpose in execution, when he is a looser; why shouldest thou not make thy couenant accordingly, if thou hast to deale with an honest man? And why mayest thou not as well make thy contract so, if the purpose of thy heart be vpright, as to thinke, that after thy contract is made, thou art bound in conscience so to deale? Now if thou diddest couenant equally to beare part of the losse, as well as to reape part of the gaine, then were thy contract neither vsurie nor loane, but partnership, which is a lawfull contract. Indeed, I doe confesse, it is more fit many times that the borrower should stand to the lenders courtesie, than the lender altogether to the borrowers fidelitie: and therfore though there be a couenant on the one side, in euentum lucri, to partake in the gaine, if there shall be gaine; and on the other side, but a purpose of bearing part in the losse, so p. 164that purpose be vpright and vnfained, I would not altogether condemne such a contract. It were therefore to be wished, that men hauing learned to distinguish vsurie from other lawfull contracts, would according to the scriptures simply and absolutely condemne it, rather than they should by seeming to allow and commend vnderunder the name of vsurie some other lawfull contract (which indeed are not vsurious) giuegive an occasion of so great offence to couetous worldlings: who when they heare some vsurie allowed by diuines, they doubt not (such is our naturall selfeloue) that the vsurie which themselues practise, is to be warranted, though their practise differ neuer so much from the judgement of all learned and godly diuines.

5. It is distinguished from three other things, to which the name of vsurie especially in the Latine tongue is assigned, but are not this gainefull vsurie, wherof we speak: the first of these is the aduenturers vsurie, which in Latin is called nauticum, or m…ritimum …oenus, and is a gaine or allowance made for money, which is transported beyond the seas, at the perill and hazard of the creditour, contrarie to the contract either of gainefull vsurie or free loane, and seemeth to draw neere to partnership, the manner whereof is thus: I deliuer to a marchant who is to trauell beyond seas, a summe of money for him to vse in negotiation, as he thinketh best for his aduantage, conditioning with him, that if his ship miscarie, I will loose not onelyonly my hope of gaine, but also the principall it selfe: but if his ship shall come safe to land, by the ariuall wherof hee is sure of good gaine, I looke for an allowance proportionable to that hazard which I sustaine. And this hazard, men were wont to vndertake, either for the whole voyage, couenanting for a certaine gaine, if the ship arriued safe at the same port from whence it first set forth (which kind the Grecians call foreign); or else but for the one part of the voyage, as from one port to p. 165another;Budaeus de Asse Glare…us de Asse. cap. 12. Ho…oman de vsuris. as from London to Venice, which they called foreign. But for as much as couetous men were apt to vse this practise as a cloke to couer their vsurie, pretending great aduenture or hazard when there was little or none, & to exact an vnreasonable gaine far aboue the proportion of their aduenture or hazard: Therefore Iustini…n stinted this vsurie at 12 in the hundred: And the Canon Law is thought wholly to condemne it. Decr. Greg. l. 5. ti…. devsuris Q. Nauiganti. But as Hotoman hath shewed, the text is either corrupted, the word (not) being omitted (for Gregorie in that chapter setteth downe three cases, wherof this is the first, which he exempteth from vsury:) or else the law is verie vnreasonable, seeing where is hazard, there may be gaine required as the due price thereof. And therefore aduenturers vsurie may be allowed, not onelyonly in tr…iectiti… pecuni…, that is, in money sent ouer the sea at the creditors perill; but also in other cases wherein the creditor sustaineth the like hazard: Prouided alwayes, that there bee an aduenture or hazard in truth, and not in pretence onelyonly: and also that the gaine be proportionable to the hazard.

The second is that which some call liberall vsurie, being indeed a gratuitie or free gift, which the borrower finding himselfe much benefited by the lenders curtesie, doth of his owne accord in testimonie of his thankfulnes, freely giuegive to the lender, who neither intended when he lent, nor expected whiles he forbore, any gaine, and much lesse couenanted for it: For in this case, although the lēder receiue some allowance aboue the principall, yet he committeth not vsurie: because neither the contract which he made, was lending for gaine; neither is the ouerplus which he receiueth, a gaine, either couenanted, or intended, or required for loane; but a gratuitie or thankfull curtesie, which may with good conscience be giuen and receiued from an able and willing gi…uer. For as the lenders curtesie hath not made him vncapable of a good p. 166turne from the borrower, which before hee had lent, he might hauehave receiued: so doth it bind the borrower to duties of thankfulnesse, which they call foreign, especially if he hauehave well gained by that which the creditor could not well forbeare.

The third, is that which is called vsur… compens…tor…, recompencing vsurie, which we call interest: For although interest among Lawyers be of a more large signification, as belongeth not onelyonly to loane, but also to some other contracts: yet as it is referred to loane, it is in effect the same with recompencing vsurie, which is nothing else but a just recompence which the debtor, hauing through his default bene the effectuall cause of the creditors hinderance, doth owe vntounto him by the law of nature. And that hinderance may be twofold, damnum emergens, losse arising, or lucrum cessans, gaine ce…sing: But this ceasing gaine which must come into estimation, must not be vncertaine and doubtfull, but certaine: or at lest very probable. For if the creditor through the default, either incurre losse, or be hindered of certaine gaine, it is verie equall that thou shouldest make him such recompence quanto creditoris interest, as he is damaged or hindered by the delay. And it is very lawfull that the creditor should prouide for his owne indemnitie in this behalfe: For it is against equitie (as the Apostle saith in a like case) that to the creditor should be foreign,2. Cor. 8. 13.2 Cor 8:13 and to the debtor foreign; but the hinderance is to be recompenced, that there may bee foreign, that is, it is vnjust that the creditor should sustaine losse or hinderance through the debtors default: or that the debtor should bee enriched with the creditors losse or hinderance: But equitie requireth that a full recompence be made, that the creditor may receiue his owne without …olle or hinderance; and the debtor hauing bin through his delay the cause of the creditors hinderance, should sustaine the penalty of his owne, either negligence or vnfaithfulnesse: For interest in respect of the creditor, is a p. 167just recōpence of his hinderance sustained by the debtors fault; & in regard of the debtor, it is a penaltie: For which cause it is called cōpensatori… vsur…, in respect of the creditors losse, so also punitoria vsur…, in respect of the debtors defalt. As for example, I lend thee one hundreth pounds, which thou vndertakest to repay at the end of six moneths: which time being expired, and thou either through negligence or vnfaithfulnesse failing of thy promise, I incurre a losse (perhaps by forfeiture of a bond, pawne, or by taking vp money vponupon vsurie to preuent that losse) or else hauing necessarie occasion to imploy my mony to my certaine or very likely gaine, am hindered of that gaine: In this case I may lawfully prouide for mine indemnitie, by exacting an equall recompence at thine hands: and thou art bound in conscience to make good this losse or hinderance which through thy default I sustaine. But here certaine cautions are to bee remembred.

First, that interest be esteemed not according to the gaine or benefit which the borrower hath reaped by the imployment of the money, but according to the hinderance or losse which the creditor sustaineth through the borrowers default.

Secondly, that interest is not to be required, nisipost morā, but only after delay & defalt cōmitted by the borrower: for vntill then, the borrower (vnlesse he were such a one as could compell the creditor to lend) is not the effectuall cause of the creditors losse.

Thirdly, that not alwayes after delay it is to be required, but onelyonly then, when the creditor hath indeed sustained losse or hinderance by the borrowers delay.

Fourthly, that he do not voluntarily incurre any losse, meaning to lay the burthen thereof on the borrower, but do his true endeuour to auoid it, either in whole or in part.

Fiftly, that when he suspecteth losse or hinderance by p. 168the debtors delay, he descend not vntounto extremities with those who hauehave broken day, not through negligence or vnfaithfulnesse, but through want and necessitie, 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 owne arbitrement (for it is not fit that euerie creditor should be his owne caruer) but committed to the judgement of some other honest and discreet men. [And for as much as it is supposed that the creditor might (to preuent his losse) borrow according to the rate permitted by law,I cos qui § cae…eros Cod. lib. q. …it. 32. c. 26. therefore Iustini…n stinted recompencing vsurie, at six in the hundred.] Which conditions being obserued, it is lawfull for the creditor to require an ouerplus besides his principall: which ouerplus, notwithstanding is not vsurie. For there is great difference betwixt vsurie and interest. In vsurie, the lender intendeth and seeketh gaine; by interest, he onelyonly prouideth for his indemnitie. Vsurie is intended, or perhaps couenanted for in the very contract: interest is not intended at the first, but happeneth after delay. Vsurie is a gaine which from the time of the contract, vntill the time of payment, accrueth to the lender: interest is a recompence of the losse, which after the day appointed for payment, the creditor sustaineth through the borrowers default.

When as therefore men pretend the honest name of interest to their gainfull vsurie,Lib. de definit. appellat. it is pernicious Sophistrie, sayth Melancthon.

And thus you hauehave heard what vsurie is. Now we are to proceed to a threefold destinction thereof. And first, that vsurie is either inward and mentall, or outward and actuall.Mentall vsury. The mentall is a lending for gaine without couenant, that is, when the creditor onelyonly intendeth and looketh for gaine by lending and forbearing his money, but doth not indent or couenant with the borrower for p. 169gaine. And this may be called the vsurie of the heart: for the Law of God being spirituall,Rom. 7. 14.Rom 7:14 doth not onelyonly restraine the hands, and outward man; but also the intent and purpose of the heart: in so much that morall actions, though in shew good, are to be judged euill, if they proceed from an ill intent, and tend to an ill end: For he that intendeth euill, hath the like euill will with him that worketh euill: And he which by lending onelyonly intendeth his owne gaine, he lendeth for gaine. And therefore, if actuall vsurie be euill, then the intent and purpose thereof is also euill. For lending is a worke of charitie, and an act of liberalitie, wherein if we hauehave true charitie, we respect not our owne profit, but the benefit of the borrower. Wherefore as Augustine saith,In Psal. 36.Ps 36 If thou lookest to receiue more than thou gauest, thou art an vsurer. And hereunto the most writers referre the speech of our Sauiour, Luk. 6. 35, foreign, Lend, looking for nothing; that is, for no gaine or profit thence: For as the Canonists and Schoolemen say, Sola spes vsurarium facit, hope alone maketh an vsurer: But that is thus to be vnderstood.

1. When the expectation of gaine is the cause of our lending; and when our owne profit is principally intended, that is, when we so lend for our owne gaine, as that were it not for the expectation of gaine, we would not lend: For if our chiefe regard bee to helpe our neigbour, and hauehave but a secondary respect to our owne profit, as if that were not we would notwithstanding lend for charity and humanitie sake; this secondarie respect maketh not an vsurer, though it something detract from the puritie of our louelove, and the commendation of our loane.

2. When there is expectation and purpose of gaine, without any intent of partaking in the losse: For when the lender so intendeth his owne gaine in the borrowers gaine, as also he purposeth vnfainedly to beare part of his losse, this intent is not vsurious. For although his outward act bee a contract of loane; yet in respect of the p. 170purpose and intent of his heart it is partnership: when as therefore the lender principally intendeth his own gaine, without purpose to beare part of the borrowers losse, that intent or expectation of gaine maketh an vsurer. An vsurer I say, before God, but not before man: an vsurer in the inward court of conscience, but not in the outward and ciuile court, which taketh no notice of mentuall vsurie: neither can it be punished by the lawes of men, who cannot search the heart.

Outward and actuall vsurie is,Actuall vsurie. when the creditor doth not onelyonly intend certaine gaine by lending, but also couenanteth for a certaine summe to be allowed him at a certaine time, or times. This in the Scriptures is called imposing of vsurie, Exod. 22. 25, Thou sh…lt not impose vsurie vponupon him: wherefore in actuall vsurie, a couenant is made for certaine gaine; and in that couenant the verie forme of actuall vsury consisteth: For which cause some do call such a contract, Formall vsurie. And this couenant vseth to be confirmed by obligation, either verball, as bils and bonds; or reall, as pawnes, or morgage; or personall, as suretiship; whereby the creditor is secured for the receit, and the debtor bound for the payment, both of the principall and also of the vsurie. But in this actuall and outward vsurie, there is a couenant vsually made for the payment, not onelyonly of a certaine summe, but also at certaine times. The summe is proportionated or rated according to the quantitie of the principall, or stocke which is lent, and according to the length of the time: For by how much the principal is greater, & the time lō ger, so much greater allowance is made. Now the principall, be it more or lesse, is reduced to the rate of an hundred, to the imitation of the Grecians and Latines: For whereas the Mina among the Grecians contained an hundred Drachmas, they brought the principall to the rate of the Mina, and the vsurie was reckoned according to the number of Drachmas. The Romans also reduced p. 171the principall to the centenarie number. And because the centesim… vsur… (an vsurie of the hundred part, that is, of one in the hundred monthly) was the greatest which by law was permitted among them, therefore it was esteemed as As or assis vsurarum, that is, as the grosse or totall summe of vsurie: and all lesser vsuries were tearmed by the parts of the Assis. And for as much as the Assis containeth twelue Vncias, and eueryevery Vncia is the hundred part of the principall, which was payed monthly for the centesimae vsurae; hence it is, that the diuerse notes of vsurie among vsus may easily be reckoned, according to the Romane computation.

For the centesimae vsurae, which were one in the hundred monthly, are in a twelue month (which is a yeare) twelue in the hundred.

So Deunx is 11. dext…ns or decumo. 10. Dodrans. 9. Bes. 8. Septunx. Molinaeus.7. Semi…. 6. Quincunx. 5. Triens, that is, the third part of the centesim…, Semis ad trientem foreign, Lat. sescupla sei… sesquialter.4. Quadrans, which is the fourth part of the centesima, 3. Sextans, which is the fixt part of the centesima, 2. Vncia, which is the twelfth part of the centesima, is one in the hundred by the yeare. As touching the time, vsurers among the Grecians and Romans,Hinc liber faenebris pecuniae Kalendarium dictum. were wont to couenant for their vsurie to bee paid monthly. For which cause,Faeneratori…. Haec ol…m consuetudo fuit, ut vltra statutum K…lend… rum diem, in Idus concederens dilationem. l taq, solitum er…t, ut quae in Kalendis faenerauerant, idibusreciperen… & relegerent. Chabot. in Hora. epod. 2. Basil calleth vsurers foreign, monthly exactours; and compareth them to those vncleane spirits, which cause the monthly fits of the falling sicknesse. And according to that summe which was monthly payed, was the vsurie named: if the hundred part of the principall was payed monthly for vsurie (which was after twelue in the hundred by the yeare) it was called centesi…ae vsurae, and among the Grecians vsur… drachm…lis: if the 150 part (which was after eight in the hundred by the yeare) it was called bes centesimae: if the 200 part (which was after six in the hundred by the yeare) semis or dimidi… centesimae: if the 300 part (which was after foure in the hundred by the yeare) it was called triens or tertia pars centesimae. p. 172Seeing therefore vsurie was payed monthly, and had the name of that summe which was monthly payed, it were too great an absurditie for any man to imagine (as some hauehave done) that Semisses vsurae are fiftie in the hundred,Vid. Budaeum de Asse. fol. 24 & 25 that is, halfe of the principall; or trientes, to bee the third part of the principall: for then Semisses vsurae should be fiftie in the hundred monthly, and trientarium …oenus should be after 33 pound, 6 shillings, 8 pence, monthly for an hundred, &c. Whereas Antonius Pius is commended for exercising trientarium soenus, as the least which then was in vse, that with his substance he might heape mony. And accordingly Iustinian, when he stinteth vsurie, permitteth gentlemen and noblemen to take tertiam partem centesimae, that is, foure in the hundred: and to march…ts, Vsque ad bessem (not sortis, but) centesimae, that is, …fter eight in the hundred.

Secondly,Open vsurie. Vsurie is either manifest, or couert. The manifest vsurie is a plaine contract of lending for gaine: as when a man lendeth 10 pounds, with this couenant expressed, that at the yeares end he shail receiue 11 pounds. And this vsurie commonly is contained within those limits and bounds, wherewith the positiue laws of countries doe stint and circumscribe it.

The couert vsurie,Couert vsurie. is a couert lending for gain; which is practised either when men being ashamed of vsurie, seeke some honest pretext to hide their couetousnesse; or not being contented with that moderat vsurie which is permitted by humane lawes, find out other deuises, which some call mysteries, whereby they may defeat the lawes which stint vsurie, and may exact without danger of the law, immoderat and excessiue gaine. But this mysticall vsurie is not vnworthily of some called terrestris pyr…tic…, land-pyracie. Now it is called couert vsurie, because whereas vsurie is a contract of lending for gaine, this in apparance seemeth to be a contract either not of lending, or not for gaine. When it seemeth not to be a contract of p. 173lending, it is cloaked vnderunder some other contract, which is to be resolued into loane: for vsurie masketh sometimes vnderunder the vizard of selling, or buying, or letting, or partnership, or exchange, or aduenturers vsurie: examples of all which are to be produced:Vsurie in selling. and first of selling. For when the seller exacteth an ouerplus, more than the just value of the ware, onelyonly for the time of forbearance which himselfe graunteth to the buyer, hee committeth vsurie.

When I say an ouerplus aboue the just value, I cal that a just value, when there is an equalitie betwixt the ware and the price, according to the common estimation at the time of the sale: but of that equalitie there is some latitude; and we may not thinke that price to bee vnjust, which is but a little vnderunder or ouer the precise Arithmeticall equalitie. And therefore the seller who graunteth time, so long as he keepeth himselfe within the latitude or compasse of an ordinarie and equall price, he may not be thought to commit vsurie. And it may so fall out, that the buyer will not bee brought to giuegive the equall price, vnlesse he may hauehave some time graunted for the payment: In which case, though the buyer may perhaps thinke that he payeth the dearer for the forbearance, yet there is no vsurie, because the seller doth not sell the dearer for time. And when I say (onelyonly for the time of forbearance) I insinuate, that there may be some other reasons, why the seller graunting time, may sell the dearer: as first, when he knoweth, that the value of the thing will be more at the day of payment, than at the day of sale, he may sell it for so much more, as in all likelyhood it will be clearely more worth his charges & hazard (if there shall be any) and the impairing or deminishing of the thing (if it be subject therunto) for the mean time being deducted. And secondly, if the thing which he selleth hath a fruitfull vse, and yet notwithstanding, that vse shall bee in all likelyhood of no lesse price at the day of payment, than p. 174it was at the day of the sale, hee may take so much the more, as the fruitfull vse of the thing is in the meane time clearely worth, the estimation of the hazard and charge being deducted. As for example, when a man selleth land, and graunteth time for the payment, &c.

I adde, for the time which himselfe graunteth to the buyer, because if the buyer, detaining the price longer than the appointed time, shall bee an effectuall cause of losse or hinderance to the seller, he is to allow him interest, and the seller may with good conscience exact it of him; especially if not through want, but through negligence and vnfaithfulnesse, he vseth delay.

But when a man selleth his ware for more than the just price, onelyonly because he gi…eth time to the buyer, he doth indeed sell time, which is not his to sell, and vnderunder the contract of selling he committeth vsurie: for when the seller is content to graunt time to the buyer for the payment of the price agreed vponupon, it is all one, as if hee lent that money for such a time: for the voluntary forbearing of money due to him for his ware, is all one with loane: and vponupon such forbearing the buyer becommeth a debtour, and the seller a creditour. As for example, thou sellest me ware for 11 pounds, to be paid at the end of six months, which thou wouldest hauehave sold for 10 pounds in present money: This men may call what they will, but it is vsurie, after the rate of twentie in the hundred. Likewise, if a man selling a cow, or some other commoditie worth fortie shillings, to a poore man, shall agree with him, because he is not well able to pay so much together, to take twelue pence a weeke for a yeare, vnderunder a colour of accommodating the poore man, and condescending in his sale to his meane abilitie, he requireth an vsurie of thirtie in the hundred.

But will you heare a mysterie? A gentleman in his need commeth to an vsurer to borrow a hundred pounds, the vsurer tels him he hath no money, but (sayth hee) to p. 175accommodate you, I will helpe you with a commoditie worth an hundred pounds: which commoditie you may commit to such an one (meaning his broker) and he will sell it for you. The gentleman taketh the commoditie, entereth into a bond of two hundred pounds for the payment of an hundred, and perhaps with vsurie for the said commoditie: he intreateth the broker to sell it for him, promising him a reward. The broker vndertaketh the matter, and willeth the gentleman to repaire vntounto him the next day: in the meane time he selleth it to the same vsurer for fourescore pounds, or an hundred markes. So that vnderunder the colour of selling a commoditie, the vsurer lendeth but fourscore or an hundred marks, for which he will receiue a hūdred, or perhaps a hūdred & ten pounds. Notwithstanding, the gentleman finding his present need supplied, is wel eased for a time, like to a man which in the fit of an ague hath drunke a cup of cold water: but when the day of payment commeth, he is in greater distresse than before; for now being not able to pay, he forfeiteth a bond of two hundred pounds. But you may not thinke, that the vsurer will straight way sue the bond: No, rather than he will deale extreamely with him, hee will giuegive him a new day, and it may be, feed his prodigalitie with more money, to the intent that he may morgage his land to him, for the payment both of the new debt, and of the former summe, with vsurie: which payment the vnthriftie gentleman being not able to make, the vsurer hauing according to that curse, Psal. 109. 11, gotten his lands into his net, he maketh a prey of him. And thus the possessions of many gentlemen, become the prizes, as it were, of our land-pyrats.

Secondly,Vsurie in buying. vsurie is cloaked vnderunder the contract of buying, when a man for the payment of money beforehand to him that needeth present money, buyeth any commoditie vnderunder that, which in all likelyhood will be the price or true value thereof at the time of the deliuerie. I say p. 176to him that needeth present money. For otherwise, no man will sell his commodities vnderunder foot, vnlesse he hauehave need of readie money. And therefore this aggrauateth the fault of such buyers, who take aduantage by their neighbours necessitie, and seeke to gaine by their need. This is after a sort as the Prophet Amos Amos 8. 6.Amos 8:6speaketh, to buy the poore for siluer, and the needie for a paire of shooes.

I adde, vnderunder the true value, because if it bee doubtfull whether the commoditie will beare a greater or lesse price at the time of the deliuerie thereof, such a contract is not to be blamed as vsurious. But when there is certaintie that the price will be greater, then is vsurie committed in such a contract: for the laying downe of mony before hand to a man that standeth in need thereof, is in effect all one, as if he lent him so much mony to be repaid in ware. When as therefore he couenanteth to receiue ware of greater value than his money commeth to, he lendeth for gaine, and so committeth vsurie.

As for example: a farmer wanting money to pay his rent, entreateth an vsurer to lend him money vntill Midsummer; and finding him backward, offereth him consideration: nay (sayth he) I will not require vsurie of thee, I will deale better with thee than so, we will take a course to supply one anothers want: for as thou wantest money now, so shall I want corne then; here is sixteene pounds, for which thou shalt giuegive mee at Midsummer twentie quarters of good wheat. This bargaine the farmer is content to accept, rather than to forfeit his lease, albeit he knoweth well ynough, that at Midsummer his corne is like to be better worth than twentie pounds.

Againe, a countreyman commeth to a farmer, that is at great charge in the inning of his haruest, and vnderstanding that he wanteth readie money to defray his expences, vponupon occasion of speech maketh him this offer, to let him hauehave eight pounds in readie money, if the farmer on New-yeares day will deliuer to him twenty quarters p. 177of barley, which at that time are like to be worth 11 or 12 pounds: so that for the forbearing of eight pounds foure moneths, he would gaine three or foure pounds.

This kind of vsurie is often practised in buying of rents or annuities: But forasmuch as some are too fauourable towards such contracts, and others too austere against them, it shall not be amisse briefly to determine what we are to hold in this point. For where is on the buyers part a purpose and an absolute couenant for the perpetuall alienation of his money, and on the sellers part no couenant for the redeeming of his rent, it is plaine that in such a contract there is no loane, and therefore no vsurie: Howbeit if equality be not obserued, there may vnjustice and oppression be committed.

When as therefore a man hauing an hundred pounds, (on which he is loath to spēd being his stocke) buyeth an annuitie or rent during his life, of twentie marks, or 14 or 15 pounds, as shall be thought most equall; such a contract is lawfull and just, and is especially to be commended to single men or women who hauehave no charge depending on them.

Or if a man bee willing to leaue a rent or annuitie to others after him, he may buy for his hundred pounds a proportionable rent, perhaps of fiue or six pounds for euer, to the payment whereof the sellers lands may be liable. But what if a man buy a rent for a certaine and difinit time, as for ten or twentie yeares? I answer, if it be a true contract or bargaine and sale, and a proportionable rate obserued, that it is not vsurie, no more than by the payment of a fine, to diminish the rent. Howbeit vsurie many times is cloked vnderunder such contracts: As for example, A man borroweth, or alreadie oweth an hundred pounds, which because he is not able to pay at once, the creditor for it doth, as it were, buy of him a rent of twenty pounds a yeare for ten yeares, which is a greater vsurie than of ten in the hundred: For the borrower paying p. 178yearely ten pounds of the principall, doth notwithstanding pay yearely ten pounds for vsurie, as though no part of the principall had bene in the former yeares paid.

And thus we are to judge of those contracts wherein there is an absolut couenant for the alienation of the principall. But the greatest controuersie is concerning those bargaines wherein the seller of a rent reserueth libertie to redeeme it, and the buyer couenanteth vponupon the repayment of the principall to sell it backe againe, or rather to release it. I aunswere, if the buyer of the rent giueth as much for it as it is worth in the common estimation of men, the couenant of releasing it to the seller when he shall redeeme it, maketh not the contract vsurious. For that couenant maketh the buyers bargaine the worse, and not the better. If therefore the seller require this couenant, that by paying the principall he may redeeme the rent, not because of the inequalitie of the rent, but onelyonly because he would not hauehave his lands liable to such a rent charge; this couenant which maketh his case so much the better, doth so much the more free the buyer from vsurie. But when this couenant of redeeming the rent is made, because of the inequalitie of the rent, it is alwayes a cloke of vsurie: For neither the seller meaneth perpetually to alienate the rent, the greatnesse whereof forceth him so soone as he able to redeeme it, neither doth the buyer otherwise than in taking a pawne or morgage intend the perpetuall alienation of his principall. But you will say, in this contract is not loane, because the buyer hath no right to demaund his principall: Neither doth he need, for the seller will be sure so soone as he is able to repay it. And therefore such a bargaine is rather a contract of oppignoration or morgage, than of buying or selling. And euen as he which hath a pawne of better value than his principall, needeth not as in respect of his owne profit to be ouer-hastie with the borrower for the payment of his principall, which indeed he hath no right p. 179to require, hauing a pawne of more worth in lieu therof, and yet is truly said to hauehave lent vponupon a pawne: so he which hath a round rent assured vntounto him, the right whereof is of more worth than his money, though hee may not, nor need not demaund againe his principall, may truly be sayd to hauehave lent as it were on a pawne or morgage, and in lending to hauehave committed vsurie; because euen as in the contract of Antichresis, he hath the fruit and profit of the thing pawned vntill the principall be payd, and yet looketh either to hauehave the principall wholly payed, allowing nothing back for the rent which he hath receiued in the meane time, or the same rent to be continued for euer.

Wherfore M. Luther writing on this Psalme, saith Nostro autem seculo …oelicissima est vsura, &c. In our age vsurie is most happy, being by the authority of the Bishop of Rome, become justice & a lawful cōtract, the name of vsurie being remoued,Extrau. com. de emptione & …endi…. cap. I. & Contractum emptionis & venditionis annui census cum condition: reuenditionis non esse vsurarium. and a new name inuented, wherby it is now called contractus redemptionis, The contract of redeeming, or, buying againe. For this is now called a fine figure, and by this justice the whole world at this day is justified, especially the Cleargie, and that monster reigneth securely, the Gospell being by this meanes extinguished, and all the righteousnesse thereof with the kingdome of God, Necsic tamen Antichristum adesse vllus credit: and yet not thus neither doth any man belecue that Antichrist is come: And for the same cause the greatest patrons of these contracts do confesse,Molin…us. that they hauehave succeeded in roome of the old vsurie, from which they differ little in substance. For what difference is it whether I assure a man ten pounds a yeare out of certaine lands, vntill I repay vntounto him an hundred pounds, or enter into a bond of two hundred pounds for the payment of an hundred and ten, this bond beeing renewed yearely vntill the principall be payd? yet this difference there is, that as in some respects the new vsurie is better than the old; so in other respects, worse. Better, because p. 180the creditor cannot force the debtor to the payment of the principall at once: Worse, first, because the debtor is fo…ced to greater securitie. Secondly, because whereas the old vsurie by, the ciuile law, was to cease and to determine so soone as it had matched the principall; and whatsoeuer was payd more, was to be abated from the debt, … …at he which payeth yearely ten pounds for an hundred, should by the ciuile law, bee wholly … charged o… the debt in the end of twentie yeares. But in the … there is no regard had of equalling the princi… in so much that the increase may by manie degree… ex…ed the stocke it selfe.

In this argument therefore we are to hold the mean…, neither condemning all buying of rents (though it be with condition of selling backe againe the same) nor yet allowing all.

We are not to condemne the buying of rents at an equall rate and indifferent price, as lands and rents in the common estimation of men are valued: As namely, after the rate of twentie yeares purchase, which is the rate obserued in this contract of redemption, by the imperiall law of Germ…nie. For the preception of this rent is not vsurious: First, because this is not a contract of loane, but of buying and selling: Secondly, because the rent which he receiueth is the fruit of that which is his owne, raised out of such lands as are at his perill: wheras in vsurie, the creditor receiueth profit of that which now is not his, the propertie being transferred vntounto the borrower, and with the propertie the hazard. Neither doth the couenant of selling backe or releasing the rent to the seller when he shall redeeme it, disproue the propertie or dominion which the buyer hath therein, but onelyonly circumscribe and restraine it: As when I giuegive a man a commoditie, with this condition, he shall not allienat it to any other; I giuegive him the propertie and dominion of the thing, though restrained.

p. 181Neither are we to allow those bargaines wherein a greater rent is bought, than the money is worth: for such contracts, if they be absolutely made for the perpetuall alienation of the rent to the buyer, and of the money to the seller, though they be not vsurious, yet are they vnequall and vnjust. But if they bee conditionally made with this couenent, that the seller by the payment of the principall, may redeeme and so extinguish the rent, then are they vsurious, because a perpetuall alienation either of the rent by the seller, or of the principall by the buyer, is not intended, but a great rent by way of morgage, according to the contract of Antichresis, made ouer vntounto the buyer, both for his assurance in receiuing of his principall in the end, and for his vsurie allowed for his loane in the meane time. And forasmuch as such contracts are vsually practised in the Church of Rome, and not onelyonly permitted but allowed and authorised as just and lawfull by the Pope of Rome, this euidently proueth that the Romish Church is deeper in this sinne of vsurie, than the reformed Churches, whom notwithstanding the Papists condemne for this sinne: For albeit the sinne is practised among vsus, as much perhaps as among them, yet do not our lawes allow vsurie as good, but permit it onelyonly, as euill, and permit it with limitation and restraint, as shall be shewed.

But will you heare a mysterie practised in buying? A man hauing vrgent occasion to vse present money, commeth to an vsurer to borrow fortie pounds for three moneths: the vsurer pretendeth that about that time he shall hauehave occasion to lay out his mony for wheat, and therefore couenanteth with him that at the end of three moneths he shall for his fortie pounds deliuer vntounto him fiftie quarters of good wheat, or for want thereof fiue and fortie pounds: which he saith not, either that he needeth corne, or that the borrower hath corne to sell; but that vnderunder this pretence of buying corne, he would exact p. 182an vnreasonable gaine, viz. of fiue in the fortie lent for three moneths, which is after fiftie in the hundred by the yeare.

Thirdly,Vsurie in letting. vsurie is practised vnderunder the colour of letting, so oft as men would seeme to let things which are not letable, when as indeed they lend for gaine things to be spent in the vse, as money, victuals, and such other things as consist in quantitie, that is, in number, weight, and measure: For such things neither hauehave in themselues a fruitfull vse which may be let, neither are they to be referred in the same particular impaired by the vse, neither doth the propertie or hazard thereof as in things let, appertaine to the letter.

But behold some other mysteries. A farmer wanting money to store himselfe with cattell, commeth to an vsurer to borrow twentie pounds, and being loth in his need to receiue a repulse, offereth vsurie. It is not my maner, saith he, to put out my mony to vsurie, but here is twentie pounds for thee with which thou maist buy thee eight kine: these eight kine I will let thee for so many ryals yearely, prouided alwayes that thou shalt from time to time make good this number of kine, allowing me the hire for the full number, that is to say foure pounds vsury for twentie pounds, which is after twenty in the hundred. To another, comming to borrow the like summe, he deliuereth 20 pounds, pretending that the borrower shall buy therewith an hundred sheepe: this hundred sheepe, saith he, I will let thee yearly for so manie shillings, so as thou wilt vndertake to make alwayes my stocke good: which he saith not, that the borrower should bestow his mony in sheepe, but that vnderunder pretence of letting, he might exact fiue in twentie, which is after fiue and twentie in the hundred: otherwise if indeed he did let cattell or sheepe for an indifferent rate, and stood to the hazard of them, the conaract were lawfull. But in those vnreasonable couenants, the cattell which to the hirer are mortall and p. 183subject to many casualties, are intended to bee immortall and free from all hazard to the letter.

And for as much as the contract of Facio vt des as the Lawyers speake, whereby a man letteth out his labour for reward, may fitly be reduced to the contract of Location, therefore to this head such mysteries are to be referred as are practised vnderunder pretence of that contract. As for example, a poore man commeth to his neighbour to borrow 20 shillings, he hauing some small skill in Scriueners craft, pretending that he wil lend his mony freely, so he may euer hauehave it againe vponupon small warning, is content to lend his mony for a monethmonth, promising when that monethmonth is expired he will lend it him for another monethmonth if he can forbeare it, and so from monethmonth to monethmonth; only in regard of his paines he is to hauehave at the renewing of his bond euerie monethmonth twelue pence, which (besides one shilling allowed him for a couple of bils or bonds) amounteth to twelue shillings in the yeare, which is after threescore in the hundred.

Fourthly,Vsury in partnership. vsurie is committed vnderunder the colour of partnership, so oft as the creditor couenanteth to partake in the gaine, not minding to beare part in the losse: For the mony which is to be imployed he will hauehave acknowledged to be his in respect of the gaine, but the borrowers in respect of the losse.

Fiftly,Vsurie in exchange. vsurie is practised vnderunder exchange. Now exchange is either of ware for ware, or of money for mony. The former is called barterie; wherein vsurie is committed, when the first deliuerer of his commoditie requireth more of the other than his commoditie is worth, in respect of the time which he graunteth to the other for the deliuerie of his ware.

Exchange of money, is either for money presently deliuered, or by bils of exchaunge assured. In the former which is practised by money-exchaungers (whom the Scriptures cail foreign and foreign) there is no loane,Iohn. 2. 14. 15.John 2:14John 2:15 p. 184and therefore no vsurie, though they vse not to exchange without gaine: For seeing it is their trade wherein they spend their time, labour and cost, to accommodate men in that behalfe, a competent gaine is to be allowed vntounto them.

Exchange of money for money to be receiued vponupon bils, is either without gaine, as when English money is exchanged for the just quantitie there, in other money, according to the publicke and knowne valuation thereof: or else it is for gaine; and that is either the bankers exchange, or the merchants exchange. The bankers are they which are more properly called foreign Trapezites,Mat. 25. 27.Matt 25:27 whose dealing in exchange by bils is twofold: For somtimes they giuegive bils, and sometimes they take: they giuegive thus; A man being to trauell to Venice, deliuereth to a banker an hundred pounds, which he desireth to receiue at Venice: The banker, because hee is at charge with keeping seruants there, as also for that he taketh vponupon him the safe deliuerie of the money, freeing the traueller from the trouble and hazard of the cariage, thinketh himself worthy perhaps of 4 or 5 pounds for assuring him an hundred at Venice; and accordingly for his hundred pounds receiued here, giueth him a bill, vponupon the deliuerie whereof at Venice, he shall be sure to receiue ninety six pounds. In this contract there may be vnjustice, if the banker require too much gaine, but there cannot be vsurie on his part, whiles he lendeth not: nor on the trauellers part, whiles his principall is not increased but diminished. Againe sometimes they take bils: as thus, An English man being arriued at Venice, and hauing occasion to vse mony there, taketh of a banker an hundred pounds, in Venice coine, giuing him a bill for the payment perhaps of an hundred and foure pounds of English money, in London: this ouerplus if it were required in respect of the time of forbearing, it were vsurie; but being required in this regard, because the banker vseth a p. 185chargeable trade to free men from the trouble, charge, and hazard of conueying their money to Venice, and is content to receiue it at their home, taking the whole labour, charge and hazard vponupon himselfe, it is as lawfull as the former. For this allowance is not made in respect of the loane and time of forbearing, but in respect of the place of payment, in which respect the banker taketh a trouble, charge, and hazard vponupon himselfe to free the traueller therefrom.

The merchants exchaunge of money by bils, is that which is not made according to the publicke and known valuation of coynes in diuerse countries, but according to such prices thereof as merchants do set among themselues, respecting the length of time betwixt the loane and payment, and increasing the price of the money lent, according as the time is longer. And first, there is consideration had of the place whereunto the bill of exchange is directed: for according to the distance, is the price proportionated, and commonly where the money is lent, it is of a higher price, than where it is payd. But suppose the money be lent vponupon a bill of exchange, to be exhibited at Midleborough: In the next place consideration is had of the time, and the partie which taketh vp the money is demaunded whether he will hauehave it at sight, or at vsaunce, or at double vsaunce, &c. At sight, that is, whether he will giuegive his bill for the present payment of the money at the sight and presentation of the bill to his factor or friend that dealeth for him at Midelborough: At vsaunce, that is, whether he will hauehave it for a monethmonth longer, or at double vsaunce, that is, for two moneths. When the partie hath signified for how long he would hauehave the money, enquirie is made how the exchaunge goes that day from London to Middleborough, which euerie broker in the exchange can tell. To day perhaps twentie shillings sterling at sight is valued at foure and thirtie shillings and foure pence of the Zelanders coine, p. 186and it may be to morrow at foure and thirtie shillings and six pence, and so vp and downe as the price of corne riseth and falleth in the market. And euen as there be hucsters and ingrossers of corne, by whose meanes the price of corne many times is much enhaunsed; so are there some who maketh a trade of exchaunging, and combining themselues together, do find meanes to engro…e the money as it were into their hands, especially against such times as they know there will be greatest vse of money, that then they may put it forth at what prices themselues list. Well, suppose the partie would hauehave the money at sight, being to allow for euerie twentie pounds sterling as the exchange goeth, perhaps foure and thirtie and six pence of that coine, which is currant at Middleborough: where in exchange the English money is not so high rated, commonly by two pence or three pence in the pound, as in the exchange at London: and so contrariwise the Zelanders coyne higher rated in their exchange commonly by two pence or three pence here in the exchange at London; so that the lender commonly gaineth either way so much in euerie pound for the loane of his money a few dayes, (as those too well know to their great losse, which take vp mony both by exchange and rechange.) But if the partie will hauehave the money at vsaunce, then euerie pound sterling is higher rated by foure pence: if at double vsaunce, then the price is raised eight pence: so that when twentie shillings sterling in the Zelanders money is valued at foure and thirtie shillings and foure pence at sight; at vsaunce it is foure and thirtie shillings and eight pence; at double vsaunce fiue and thirtie shillings, which is a gaine of fiue markes (of their coyne) in the hundred pounds sterling for two moneths: and of twentie pounds of their money in an hundred pounds sterling by the yeare.

In this exchange there are these faults: Money which was ordained to be the price of all wares, and the measure p. 187of all bargaines, is not onelyonly made a ware, contrarie to the nature thereof (nam quod medium est venditionis non potest esse terminus;) but also the price thereof, which ought to be certaine and certainely knowne, and by publicke and soueraigne authoritie established and setled in eueryevery commonwealth (for that is the rule and measure, whereby all things are prized, foreign,Eth. 5. 5. as the Philosopher sayth) the price I say thereof, whereby all things are prized, is made vncertaine, for the gaine of some other men, to the endammaging of the commonwealth.

2. Those which make a trade of dealing by exchange, doe either find meanes themselues to raise the price of money, or else doe lie in the wind, till the prizes being raised, they may lend it forth for greater gaine.

3. In exchange at sight, vsurie is committed by them which seeke gaine thereby, though somwhat mystically, the lender being sure almost at all times to be a gainer by his loane. Notwithstanding, I doe not absolutely condemne those marchants, who dealing by exchange at sight, do not thereby seeke gaine, but mutually serue one anothers turne, following the prices as they go in the exchange, being as well content as occasion serueth, to borrow after this manner, as sometimes they are entreated to lend, sometimes also, though very seldome, they prouing no gainers by this loane. Howbeit, their dealing were more commendable, if in their exchange they could and would follow the common and known prices of coynes, appointed by publicke and soueraigne authoritie: For it may seeme strange, that priuat men should take vponupon them to alter the value of princes coynes.

4. But as for vsance and double vsance, there is no question to be made but vsurie, yea great vsurie is therein plainely committed, at the rate of twelue in the hundred at the least.

Now the marchants exchange is either reall or counterfeit: the reall is, when bils of exchange, whereupon p. 188money hath beene deliuered, are in deed and in truth transported to the place appointed beyond seas, to the end, that thereby so much money may be receiued there to the lenders behalfe, as by the manner of dealing in exchange before specified, is due.

The counterfeit exchange is, when in imitation of the reall exchange, mony is deliuered vponupon bils of exchange, with mention also of the places of exchange, not to the intent that the bils should be transported for the satisfying of the creditour beyond seas, but that the lender keeping the bils at home with him, may hauehave the like allowance which marchants hauehave for the same time, dealing by exchange and rechange, betwixt the places named: the reason of which practise is, because the gaine which is reaped by exchange, is greater than any other which is tollerated by the magistrat: insomuch, that they which put forth their money in this counterfeit exchange, are supposed to gaine after sixteene or twentie in the hundred. And therefore this kind of exchange may most worthily be called Cambium siccum, that is, drie exchange; because it is void of charitie,Sum. A…gel. voce vsura. § 54 being indeed a griping vsurie, practised vnderunder the colour of merchandizing exchange: howbeit the former also by the doctrine of the schoolemen is to be called dry exchange.

6. Lastly, vsurie is practised vnderunder pretence of the aduenturers vsurie, when a man couenanteth for gaine in lending, vnderunder pretence of hazard, when indeed the principall is not hazarded: as when a man lendeth an hundred pounds, with this condition, if himselfe and two or three other, which he shall name, or any of them, shall be aliue at the tweluemonths end, that the debrour shall pay him a hundred and ten pounds, otherwise he shal pay but fourescore and ten pounds. For if hee should name but one, it were seuen to one, that he should be liuing at the yeares end, but numbring three, it is more than twentie to one, that some one of the three shall suruiue: this p. 189therefore is but a cloake of vsurie.

And thus we hauehave heard of vsurie, practised in such contracts as hauing the names of other contracts, doe not therefore seeme (though indeed they be) contracts of lending. Now we are briefely to speak of vsurie cōmitted, whē there seemeth to be no contract of lending for gain.

As first, vsurie is sometimes practised vnderunder a colour of free lending; as when a man lending an hundred pounds in light or crackt angels, and other money not currant, couenanteth with the borrower, that he shall repay him in good and currant money. Such was the vsurie practised of old by the Iewes in the time of Ezechiel, a little before the captiuitie:The shekel of the Sanctuarie 320 gerahs. Exod. 30. 13.Exod 30:13 For as some write, they hauing ordained a new shekel, exceeding the old two and thirtie graines, so that whereas the ciuile or Mosaicall shekel (which was but halfe of the holy shekel) weighed an hundred and threescore graines,W. H. de asse▪ ex Munstero & D. Kimhi in Exod. 30.Exod 30 the new weighed an hundred ninetie and two; they would lend after the old shekel, but they would be payed according to the new.

Secondly, vsurie is practised in lending vponupon pawnes. For although by taking a pawne which the debtour may spare, the lender may lawfully prouide for his securitie & indemnitie: yet when gaine is sought thereby, it is a cloake of vsurie. As first, when he lendeth vponupon a pawne which is much better than his money, in hope to get the pawne, it is a spice of vsurie. Againe, when the creditour couenanteth to hauehave and enjoy the fruitfull vse of the pawne in lieu of his loane, abating nothing of the principall;foreign. this contract of the lawyers is called Antichrests, wherein at the first sight appeareth some shew of equalitie and justice, That as the debtour vseth the creditours money, so the creditour should vse and enjoy the debtours house and lands: But indeed this contract is vnjust and vsurious: vsurious, because it is nothing else but lending for gaine. For when the debtor yeeldeth to the creditour the vse of his house and land for the vse of his money p. 190it is all one, as if he allowed him the rent of the house and land for vsurie. Vnjust also and vnequall; first, because the house and land, which is let for ten pounds a yeare, and pawned for an hundred pounds, is worth two hundred or perhaps three hundred pounds: and therefore it is vnequall, that for the vse of an hundred pounds, which is spent in the vse, and is not lettable, the borrower should yeeld the fruitfull vse of his house and ground, which being worth two or three hundred pounds, may be let for ten or twelue pounds a yeare. Besides, the creditour, though he hath the profit of the house and land, yet hath he not the propertie, neither doth he beare the hazard thereof: and therefore reapeth the fruit of that which is not his owne, and whereof he beareth not the hazard. But to the borrower belongeth both the propertie and the hazard of the money borrowed. Wherefore the Scripture condemneth the vsing of things layd to pawne, as lying in cloathes pawned, Amos 2. 8, I meane such an vse, as whereby the thing pawned is diminished or impaired. But among vsus there are vsurers which commit double vsurie, not onelyonly couenanting for vsurie in money, but also impairing the thing pawned (as plate or garments) by the vse thereof.

Thirdly, vnderunder lending vponupon bonds. For although it be lawfull for a man to take bonds for his indemnitie, and thereby by way of interest to saue himselfe harmelesse; yet if thereby he seeke for gaine, he committeth vsurie. As for example, one comes to borrow of thee twentie pounds for a tweluemonth: thou sayest, thou canst not forbeare thy money so long, therfore thou wilt lend him so much freely vponupon his bond for a month, hoping, that he which came to borrow for a twelue-month, will not be in case to pay within a month. The month therefore being expired, and payment not made, thou exactest more of him, than by a contract of vsurie thou couldest hauehave couenanted for. But whether in taking bonds thou playest p. 191the vsurer, or not, thou mayest discerne by this note: for it thou desirest in thine heart, that he may keep touch with thee, and not incurre the forfeiture of his bond, it is a signe, that thou prouidest onelyonly for thine indemnitie: but if thou wishest that he should rather breake his day, than keepe touch with thee, it is a signe, that thou lendest for gaine, and takest a bond, not that he should pay the sooner, but the more. But if thy disposition be such, that thou wouldest not lend to a landed man, if thou diddest thinke that he would keepe touch, then doest thou lend not to helpe thy neighbour, but to vndoe him: and whiles thou layest a net for thy brother, thy selfe fallest into the snare of the diuell.

4. Lastly, vsurie is practised vnderunder the colour of interest, so oft almost as men agree for interest aforehand. For although some hauehave distinguished interest, that there is a casuall interest,Molinaeus. Interesse casuale momentaneum. Promisiuum & successiuum. Interesse vsurarium. which they confesse is not to be regarded but after delay: & a promiscuous or successiue interest, which as they say may be couenanted for proratione temporis, according to the proportion of the time, which they call intervsurium; and confesse it to be called in the law vsurious interest;Fr. Hotoman. yet those of soundest judgement doe hold, that interest is not to be allowed, nisi post moram, but after delay: for graunt intervsurium, or successiue interest (as they call it) to be lawfull, then can you not but allow of all vsurie. For first, interest is to be measured, not ex parte debitoris, but ex parte creditoris. And therefore no respect is had therein, whether the debtour do gaine thereby, but onelyonly whether the forbearing of the money be an hinderance to the creditour, or not. And secondly, if it be lawfull for a man to agree, according to the proportion of the time, for so much gaine as the lawes permit; eueryevery lender may pretend, that by the forbearing of his money he shall be so much at the least damnified, & therefore may couenant for so much at the least by way of interest.

Notwithstanding, I will not denie, but in some case a p. 192man lawfully require and take interest, though the borrower hauehave not made delay: as namely, when by the borrowers authoritie, or otherwise, the creditor (who cannot without his losse, or certaine hinderance of some just and lawfull gaine, forbeare his money) is as it were forced to lend to a man, whose estate or abilitie is such, that he may better vndertake to saue the lender harmelesse, than the lender may want his money: prouided alwayes, that it be true interest, in respect either of certaine losse to be incurred by want of the money, or of certaine hinderance of just and lawfull gaine to be sustained. For in this case, the borrower being the effectuall cause of the lenders hinderance or losse, and being better able to beare that imposition of interest, than the lender is to forbeare his money, I doubt not, but the lender may by requiring interest, prouide for his owne indemnitie.

We hauehave heard two distinctions of vsurie: the third and last remaineth, viz. That vsurie is either simple, or compound: the simple, wheu vsurie of the principall onelyonly is exacted: compound, when vsurie not onelyonly of the principall is required, but of vsurie also, and is therefore called vsurie of vsurie, foreign, Aristoph. Nub. 5. As for example, when a man hauing lent an hundred pounds for a tweluemonth, after ten in the hundred, is content for a second yeare to forbeare both the principall and vsurie: there is due to him the first yeare by simple vsurie, a hundred and ten pounds: but the second yeare by vsurie of vsurie,Accessio accessionis iure ciuili non conceditur. a hundred and one and twentie pounds. And for as much as vsurie of vsurie was euer condemned, it hath beene an auncient practise of vsurers, to joyne the former yeares vsurie vntounto the principall, and so anew to couenant for the vsurie of the whole summe. Which contract of the Grecians is called foreign, and of Tully, renouati… fanoris, renewing of vsurie.

We hauehave shewed what vsurie is, and how many wayes▪ it is committe… …ow we are to consider the qualitie of it, p. 193viz. whether it be lawfull, or not: for this, the couetousnesse of these times hath made a controuersie, which in former ages was neuer doubted of. But not to hold you long in suspence, I will in this short assertion determine, what we are to hold concerning this question: Which assertion I will afterwards not only proue by testimonies of Scriptures, and by other arguments, but also defend and maintaine against the objections of those who hold the contrarie opinion. My assertion therfore is this, That all vsurie (which I hauehave defined to be mutuation, or lending for gaine) whether it be mentall or actuall, whether manifest or couert, whether simple or compound, is simply and in it owne nature vtterly vnlawfull: howsoeuer some vsurie is worse than other, according either to the estate of the borrower, or the quantitie of the vsurie.

I will begin with the law of God, which in three places forbiddeth vsurie, viz. Exod. 22. 25. Leuit. 25. 35, 36. Deut. 23. 19: against which places the patrones of vsurie bring many exceptions, which by the grace of God shall be refuted. But I will chiefely insist on that place of Deuteronomie,Deut. 23. 19.Deut 23:19 Thou shalt not lend vponupon vsurie to thy brother, the vsurie of money, the vsurie of meat, the vsurie of any thing that may be lent vponupon vsurie. That is, thou shalt not lend for gaine to thy brother, neither money, nor meat, nor any thing els which consisteth in quantitie, as in number, weight, and measure, and is spent in the vse, and wherein vsurie is vsually committed.

Against these allegations there are diuerse exceptions taken; as first concerning the words wherby vsurie is signified in the Scripture: For in that place of Deuteronomie, and in this Psalme, not all vsurie (say they) is forbidden, but Neshek, that is, morsurie, or biting vsurie, which biteth and damnifieth the neighbour. For there is (say they) a certaine toothlesse or not biting vsurie, which doth not hurt but helpe the neighbour. But I hauehave shewed before that Neshek is the common and ordinarie name whereby p. 194all vsurie is signified in the Hebrew tongue. And therefore this word doth not distinguish one kind of vsurie from another, but in generall signifieth, that all vsurie is biting. And in like sort, he which lendeth for gaine, is called Masshik, and he which taketh vp vponupon vsurie, though for his gaine, is called Nashuk, the money which is lent for gaine is called Noshek, that is, which biteth (as appeareth euidently by this text) because when it is repaid, it biteth and as it were gnaweth away some part of the borrowers substance for an ouerplus or gaine to the creditour, which is called Neshek, as it were the bit. So that all vsurie in it owne nature is biting, because it biteth or shreddeth away some of the borrowers substance. And although perhaps the borrower by reason of his wealth feeleth not this biting, or else licketh himselfe whole by biting of others; yet vsurie is a gaine which is bitten and shred away from the borower, and that either to his losse, or (as hereafter shall be shewed) to the hinderance of the commonwealth, whose common profit in all contracts is especially to be regarded.

Secondly, I hauehave shewed before, that Neshek is all one with the other words Tarbith and Marbith, whereby any gaine or cleare increase aboue the principall required for loane, is signified: and therefore the least gaine required for loane, is Neshek, and condemned for vsurie in the scripture: as Leuit. 25. 36, Thou shalt not take of him vsurie or increase: which the old Latine translation readeth thus, Thou shalt not take vsurie of him, nor more than thou gauest. And vers. 37, Thou shalt not lend him thy money vponupon vsurie, nor thy victuals for increase, that is, as Ambrose readeth, in amplius recipiendum, to receiue more. VponUpon which words he sayth, Has sententia dei omne sortis excludit augmentum, Lib. de Tobia. cap. 15.This sentence of God excludeth all increase aboue the principall. Whereunto you may adde, Pro. 28. 8. Ezech. 18. 8. 13. 17. and 22. 12: in all which places these words are not onelyonly vsed promiscuously to signifie the selfesame thing, but the latter words Tarbith p. 195and Marbith are euer added as the exposition of Neshek. And therefore those words which the holy ghost confoundeth, let not vsus distinguish; and much lesse vponupon this friuolous distinction let vsus build our practise, or hazard the eternall saluation of our soules. For you know who hath said,Eze. 18. 13.Ezek 18:13 He that putteth forth to vsurie, or taketh increase, shall he liue? he shall not liue, he shal die the death, and his bloud shall be vponupon him.

But against this truth concerning one and the same signification of Neshek and Tarbith, they raise againe diuerse other exceptions, in which they shift from one to another, because they hauehave no sure ground to stand vponupon. First they say we must distinguish betwixt Neshek and Tarbith: for Neshek is restrained to money, and Tarbith to corne and victuals, Leu. 25, and therefore they are deceiued, who thinke that Tarbith of money is forbidden.

As if they should hauehave said, Tarbith, that is, the increase of corn and victuals, is indeed vnlawfull, but the vsurie or Tarbith of mony is not vnlawfull, vnlesse it be Neshek. And yet themselues allow as great increase for corne as for money. But I answere first, that Neshek is the vsurie not of money onelyonly, but of corne and victuals, and eueryevery thing else which is put to vsurie; as appeareth plainely Deut. 23. 19, where also eueryevery thing which is put to vsurie, is called Noshek. For so he sayth, Thou shalt not take the Neshek of money, the Neshek of victuals, or the Neshek of any thing else Asher jisshak, which is put to vsurie. Secondly, that there is the like reason for mony and other things, which consisting in quantitie, are spent in the vse: and therefore it had beene all one, if the Lord had said, Thou shalt not lend thy money, be Marbith, for increase; nor thy victuals, be Neshek, for vsurie. Thirdly, the Prophets vse these words indifferently for the same thing, as Ezech. 18. & 22. Prou. 28. 8, Yea, but (say they) the Prophets, who are the interpretours of the law, must be expounded according to the law. Nay rather if they be interpretours of the law, the law is to be interpreted p. 196by them. But they vse to vnderstand the word Tarbith as an exposition of Neshek signifying more plainely that same thing which is meant by Neshek; and therefore these words in the Law are so to be vnderstood.

2. Their second exception is, that Tarbith doth signifie not euericincrease, or accession, but multiplication; and therefore by that name, Vsurie, vnlesse it be an expressiue or multiplied increase, is not forbidden: But how doth this answer agree with the former, wherein it was said that Tarbith of money was not condemned, but of corne and victuals? or may we thinke that an expresse and multiplied increase of money is to be allowed? And therefore this is but a meere shift, as well as the former: For not onelyonly all antiquitie hauehave vnderstood by this word, any gaine, ouerplus or increase whatsoeuer aboue the principall, but the most learned also of those new writers, who write but too fauourably of vsurie, acknowledge that hereby all increase or accession aboue the principall is condemned, as before hath bene shewed. Yea, but Rabah from whence Tarbith is deriued, signifieth to multiplie, as Deut. 17. 16, where the king is charged not to multiplie horses: for he is not forbidden to hauehave many horses; but to exceed in gathering a multitude of them. But say I, in the next verse he is by the same word forbidden to multiplie wiues, not that an excessiue multitude only, but all pluralitie of wiues is forbidden.Leuit. 18. 18.Lev 18:18 And as Tarbith in the Scriptures;Mal. 2.Mal 2 so foreign in Hebrew writers, is deriued from the same roote, whereby notwithstanding the least and easiest vsuries are signified. And as I deny not but that Rabah signifieth to multiplie, so I affirme that sometimes it signifieth to grow or increase, and sometimes including a comparison, to be more or greater, as 1. Re. 4. 30. Gen. 43. 34. and Hiphil to augment or to make greater or more, as Psal. 71. 21. and in the same chapter of Leuit. verse. 16. 1. Chron. 4. 10. Exod 30. 15.

So that Tarbith and Marbith doth signifie any increase whatsoeuer,Leuit. 25. 16.Lev 25:16 when more is required than was lent. p. 197And if any shall further vrge the force of the word multiplying, I answere, that in vsurie there is multiplying, and such a multiplying, as mony being put forth from six moneths to six moneths vntounto vsurie of ten in the hundred, and the vsurie also put forth to increase (whether to the same man or to others, that maketh no difference, in the nature of the thing) doth almost double the principall in seuen yeares, and euerie seuen yeares doubleth the former summe, so that 1000 pounds being thus put forth for seuen times seuen yeares, which is no long time, multiplieth it selfe to 128000 almost, and in seuen yeares more to 256000, &c.

3. Others hauehave found out this euasion,H. Z. That Tarbith signifieth vsurie of vsurie. Which interpretation if we shall follow, we must confesse that the Lord condemneth no vsurie of corne and victuals,Leuit. 25. 36.Lev 25:36 vnlesse it be vsurie of vsurie, which is absurd. This therfore is a certaine truth, that Neshek, Tarbith, and Marbith, are words of the same signification, whereby all gainefull vsurie whatsoeuer, is condemned in the Scriptures.

4. Others, who would faine prooue the lawfulnesse of vsurie out of the Scriptures, hauehave found out (as they thinke) another word of a middle and indifferent signification. And therefore howsoeuer they confesse that all Neshek, Tarbith and Marbith are forbidden, for they signifie biting and excessiue vsurie: yet Masshah, whereby moderate vsurie is signified, is not onelyonly allowed and commended, but sometimes also commaunded towards the rich.

Whereunto I answer, that Masshah properly signifieth an exaction, and in those places which concerne lending and borrowing, it signifieth in respect of the creditour mutuum, in respect of the debtour debitum, but such a debt as the creditor lendeth vponupon securitie, and therfore meaneth to exact againe from the debtor, as Deut. 15. 2. and 24. 10. Prou. 22. 26. And that in the Scriptures it is not p. 198vsed in the signification of vsurie. For whereas they object Nehem. 5. 7. 10, I aunswere, that the word there is not Massbah, but Massa, proceeding from another root, and signifying a burden, as Tremelius also, and Iunius translate it. Or if it did signifie vsurie (as indeed by that burden is meant vsurie) yet is it there condemned.

Yea but Nasshah the verbe, whence Massbah is deriued, signifieth to lend vponupon vsurie.

Nasshah signifieth properly to exact, and is vsed in the signification of lending with purpose to exact that which is lent, whether it be freely lent or for gaine; as when men lend vponupon bonds, sureties, or pawnes (in which sence the words foreign and faenerare, are often vsed in auncient diuines.) And when it is vsed in the signification of free lending, it doth not signifie that charitable lending, whereunto our Sauiour exhorteth, Lu. 6. 35, but that ciuile lending vponupon sufficient securitie, which although it be lawfull towards the rich, and them that be of abilitie, yet is it not allowable towards the poore, to whom we ought to lend looking for nothing againe. Wherefore the Lord faith Exod. 22, when thou lendest to the poore thou shalt not be Kenosheh, like an exactor vntounto him, neither in imposing vsurie vponupon him, verse 25. nor yet in taking a pawne of him,Deut 24. 12.Deut 24:12 verse 26. Ezek. 18. 7. 12. 16. But in the signification of lending for gaine or vsurie, it is neuer allowed in the Scriptures, or vsed in the better part. And if any man can alledge any one pregnant testimonie of Scripture, where Masshah signifying vsurie, or Nassbah signifying to lend vponupon vsurie, is either commended as good, or allowed as lawfull (which I am sure no man is able to do) I will yeeld in the whole controuersie. And yet this is the chiefe ground of a tedious and disorderly discourse written,The Treatise beginne…h thus, The question of vsurie, &… but not printed in English, in defence of vsurie: wherein though there is great shew made of learning, yet do I not find manie things worth the aunswering. Those reasons which hauehave anie shew of reason shall by p. 199the grace of God in due place receiue their answer. For as touching this point, whereas the Author of that Treatise alledgeth for the warranting of vsurie, and lending vponupon vsurie, as commended vnderunder the name of Masshah and Nassbah, Deut. 24. 10. and 15. 2. 2. King. 4. 7. Prou. 22. 26, 27. Esay. 24. 2. Ier. 15. 10. any indifferent man that is of judgement will easily acknowledge, that there is scarcely any shew of reason in these allegations, as the bare repetition of the places will sufficiently shew. Deut. 24. 10, When thou lendest thy brother any loane (namely which thou purposest to exact againe; for so much, as I said, is implied in the word) and therfore the English Geneua translation readeth, When thou shalt aske againe of thy neighbour any thing lent, thou shall not go into his house to take his pawne: Tremelius and Pagnin read thus, Cum mutuaueri… proximo tuo vllius reimutuum, &c.

The meaning of Deut. 15. 2. is this, euerie creditor shall forbeare to exact his debt of his brother in the seuenth yeare, which is the yeare of remission or freedome: in 2. King. 4. 7. Elisha biddeth the widdow hauing sold her oyle, to pay her creditor: Prou. 22. 26, 27, Be not of them which are sureties for debts; if thou hastnothing to pay, why should he (namely thy creditor) take thy bed from vnderunder thee? In all which places the word is not vsed in the signification of vsurie. And the like may bee said of the other two places, Esay. 24. 2. Cannosheh Caasher noshe …o, It shall be to the exactor, as to him of whom he exacteth: and so Ierome readeth, Sicut qui repetit, sic qui debet, and the Septuaginta, foreign, and Ier. 15. 10, I hauehave neither lent to them, neither hauehave they lent to me: and so Tremelius and Iunius read, Non dedi mutuum, neque mutuo dederunt mihi: or if any shall imagine that the signification of vsurie is in these two places expressed, (which indeed cannot be proued, though some translations read so) yet is vsury neither commended nor yet condemned therein. But I shall hauehave occasion to speake of them both, when I shall p. 200intreat of borrowing vponupon vsurie.

Now I proceed to a second exception, which they make against the allegation of Exod. 22, out of the place it selfe: For say they, there is the like reason of taking vsurie, and of taking and keeping a pawne, vers. 25, 26, 27. but a pawne may be taken of the rich, and being taken may be kept, therefore in like sort vsurie may be taken of the rich.

But I answer, that there is not the like reason of taking vsurie and pawnes: the creditor in taking a pawne, onelyonly prouideth for his indemnitie, that he be no looser; but in taking vsurie he requireth gaine: and yet to take a pawn of a poore man, or such a pawne as thy neighbor, though not so poore,Deut. 24. 6. 10, 11, 12, 13.Deut 24:6Deut 24:10Deut 24:11Deut 24:12Deut 24:13 cannot spare; it is a cruell and vncharitable part,Exod. 22. 22.Exod 22:22 forbidden in the law of God. The sence therefore of that place is thus much, That they should not afflict or oppresse the poore; but contrariwise relieue thē by loane, and in lending, that they should not onelyonly abstaine from seeking gaine by vsurie, but also that they should not prouide for their indemnitie by taking pawnes. And therefore by this place we are commanded, if our abilitie may afford so much, to lend to our needie brother, without hope not onelyonly of gaine, but also of recouerie of the principall, he being not able to repay. In this place therfore there are two degrees: The first, that we oppresse not the poore, but relieue them with free loane. Secondly, that in loane wee should bee so farre from seeking gaine by vsurie, that we should not take a pawne of them for our indemnitie.

Their third exception is against the allegation out of Leuit. 25. 37, from whence they reason thus, The vsurie of corne is as much forbidden as of money, but not all vsurie of corne is forbidden, but onelyonly that which is great and excessiue: and therefore not all vsurie of money is forbidden, but that which is great and excessiue. The assumption they proue first by the confession of those who hauehave been the greatest scourgers of vsurie, who confesse some vsurie of corne to be lawfull. For answer p. 201whereof, we are to know that vsurie is not alwayes commited in corne and such like commodities, whose prices do rise and fall, so oft as more corne or other ware is required than was lent, vnlesse more in worth and value be required: For commonly foure bushels of wheat in Iune, are worth fiue or six in October; and therefore if a man should lend corne in Iune to receiue the equall worth thereof by all likelihood in October, though in a greater quantitie, it were no vsurie, because it is no lending for gaine. Otherwise it is the receiued opinion of the learned, that vsurie is committed in all those things which are spent in the vse,Deut. 23. 19.Deut 23:19 as money, meat, corne, wine, oyle,Nehem. 5. 11.Neh 5:11 when more in worth and value is required than was lent.

Secondly, they alledge the example of Ioseph, to proue that vsurie of corne is not vnlawfull vnlesse it be excessiue:Gen. 47. 23, 24, 25.Gen 47:23Gen 47:24Gen 47:25 For Ioseph was verie good to the Egyptians, and yet notwithstanding for seed-corne once giuen, be required a fift part for euer. Which example if it were thus rightly alledged, it would proue that for a quarter of corne lent in a deare yeare, it would be not onelyonly a lawfull, but a bountifull act to require a quarter at the lest to be paid yearely for euer. But indeed this example of Ioseph hath no affinity with vsurie: For when the Egyptians money and cattell were spent,Gen. 47. 18, 19.Gen 47:18Gen 47:19 and now had nothing left them wherewith to buy food for themselues, and seed for their ground; in this extremitie they come to Ioseph in the seuenth which was the last yeare of the famine, and offer to sell themselues and their land to Pharao for food and seed: whereupon Ioseph being not to deale for himselfe but for the king, accepteth their offer, and buyeth both them and their land to the kings vse, and in testimonie that the right propertie and dominion of the land appertained to Pharao, he remooueth the people of the land from one side of Egypt to another. When as therefore the right and propertie of the lands of all the Egyptians,Verse 20. excepting the priests, appertained p. 202to Pharao, he graunted the same vntounto the Egyptians, thus remoued as it were in fee farme, reseruing the fift part of the fruits for a rent to the kings vse. And therefore in this example there is no vsurie, vnlesse it bee vsurie for a man hauing bought lands of one man to let them out to another at an easie rent.

Their fourth exception is out of both those places, Exod. 22. 25. Leuit. 25. 35. viz. That vsurie is forbidden towards the poore, and therefore it is lawfull towards the rich: and some adde, That not all vsurie towards the poore is condemned, but that onelyonly which biteth and oppresseth them: For there may some vsurie be imposed vponupon the poore, which shall not bite them, but rather heale the bite which their pen…rie hath made.

To omit the common practise of vsurers, who out of their brothers want take aduantage of seeking the more gaine; I answer, that this euasion is verie friuolous: for Deut. 23. 19, there is no mention of the poore, but all vsurie is forbidden towards a brother, whether he be rich or poore; meaning by brother anie either Israelit or proselit, or as Clemens Alexandrinus speaketh,Strom. 2. foreign. And in this generall sence including both rich and poore, the learned among the Iewes hauehave vnderstood this law, and vntounto this day it is obserued among them, as appeareth by the booke of R. Abraham, lately set foorth in Latin, called Vox Dei. And our Sauiour Christ Luke 6. 34, giuith this tetimonie to the verie sinners of his time among the Iewes, that they would lend one to another, that they might receiue foreign, so much as they lent. And therefore it is certaine that not so much as the lest vsurie was lawfull towards a brother, whether he were poore or rich. Indeed if the Lord in the Scriptures had put such a difference betwixt the poore and the rich, as hee did betwixt the Israelit and the Canaanit, To the rich thou mayest lend vponupon vsurie, but to the poore thou shalt not lend vponupon vsurie; then vsurious contracts with the rich might with good conscience be practised. But Deut. 23. 19, 20, he maketh p. 203opposition not betwixt the poore and the rich, but betwixt an Israelit and a Canaanit: and in other places of Scripture, as Psal. 15. Prou. 28. Ezek. 18. and 22, all vsurie and increase is absolutly and generall without condition or limitation condemned. In these two places, viz. Exod. 22. and Leuit. 25. mention is made of the poore and needie, because the commaundement of loane is especially made for their good: and because vsurie imposed vponupon them is a more grieuous sin. But may we conclude from hence (as indeed the author of the aforesaid english Treatise concludeth) We may not take vsurie of a poore man, therefore we may take it of the rich: Then by the same reason we may conclude, wrong is not to be done to the poore, the widdow, the fatherlesse, or stranger; therefore wrong may be done to the rich, to the maried wife, to the children that hauehave their parents liuing, to those which be not strangers:Prou. 22. 22.Prov 22:22 or when Salomon saith, Rob not the poore because he is poore; we might infer, therefore thou maist rob the rich because he is rich. But the Lord oftentimes when he speaketh against the sinnes of the sixt and eighth commandements,Exod. 22. 22. 23, &c.Exod 22:22Exod 22:23 maketh expresse mention of the poore and helpelesse,Zach. 7. 10.Zech 7:10 because all wrong, violence, robberie and oppession exercised towards them, are most grieuous and indeed crying sinnes. And not onelyonly in that respect doth the Lord sometimes mention the poore and needie in the prohibition of vsurie, but also because those onelyonly which hauehave need, hauehave just occasion to borrow. And as the needie hauehave most occasion to borrow, so are they most subject to the oppressions and injuries of the welthie: For as we commonly say, Where the hedge is lowest, there euerie one goeth ouer.

Howbeit the signification of a needie brother is not to be restrained to them which are of base condition, but is to be extended also to those who being of good callings are come behind hand, or fallen into need, not hauing p. 204meanes of their owne to supplie their want: For if men hauehave meanes of their owne, they ought not to borrow; For the holy ghost in the borrower presupposeth need,Deut. 15. 7, 8, 9Deut 15:7Deut 15:8Deut 15:9 and to the same purpose Plato prouided by law, that no man should fetch water at his neighbours well, vntill himselfe hauing first digged, foreign, vntounto the potters earth, vnderunder which there is no water, did find his owne ground to be without water. And it is truly said of Plutarch, Plutarch, … non fae…erand….foreign, That the law prouideth for their helpe who want meanes of their owne. And therefore to those who hauehave no need to borrow, we need not lend. But if we do lend we must lend freely: or if we will looke to gaine by those which need not our helpe, we must deale with them by some honest contract of negotiation. For loane is such a contract as God hath appointed to be free; and where it is not free, he hath condemned it with fearefull termes vnderunder the name of vsury. For as Chemnicius well faith,Loc. com. tom. 2. de pauper…a. cap. 2. In humane societies God would not hauehave all things set to sale; but hee requireth that some duties should be free, which are deformed and depraued, if either they be sold as things venall, or let to hire as mercenarie duties. And surely, sayth he, if the Scriptures in the contract of loane should graunt vsurie to be exercised towards the rich, the dutie of free lending would soone be abolished, and those who hauehave need to borrow should not bee able to borrow freely: for euerie man will thinke he giueth to the needie so much as he might gaine of the rich (and you may be sure that will not bee much) and therefore God should then hauehave prouided worse for the poore, when hee intended to hauehave prouided best for them: for mens necessitie manie times is such that they must needs borrow, and better vponupon vsurie than not at all. And therefore, that liberalitie and free lending should not faile, the Scripture oftentimes doth simply and generally condemne vsurie.

And whereas they say, that not all vsurie of money towards the poore is forbidden, Exod. 22. 25, but that whereby p. 205he is oppressed, nor all increase of corne and victuals is condemned, Leu. 25. 36, vnlesse it be a multiplied and excessiue increase: I answer first, that all vsurie imposed vpō the poore and needie, is an oppression of them. Whereas therefore they vrge, that Exod. 22, oppression is forbidden first generally, and after particularly in the seuerall sorts of it; and that some doe so read that place, You shall not oppresse him with vsurie, &c. themselues do prooue that which I said, that all vsurie imposed on the poore, is a kind of oppression. And yet to say the truth, the words of the text, Exo. 22. 25, are, You shall not impose vsurie vponupon him: and Leuit. 25. 36, Thou shalt not take vsurie of him. The same doth Zanchius and others confesse, that there is no vsurie imposed on the poore, but it is a biting and hurting of him.Cal. in Ezek. 18. A p…upere semper foenus exigere nefas eri…. foreign.Ezek 18 And it is not likely, that the biting of penurie will be healed with the biting of vsurie. No man (sayth Basil) healeth one wound with another.

2. Againe, I answere, that Exod. 22. the Lord doth not onelyonly forbid oppression of the poore, but also commaundeth the relieuing of them by loane; and withall giueth charge, that in lending to the poore and needie, they should not onelyonly abstaine from vsurie, but also from taking of pawnes. And surely, if the taking of pawns from the poore, be in their opinion an oppression of them, whē as by pawnes the creditour onelyonly prouideth for his indemnitie; how much more is all imposing of vsurie vponupon them, an oppression of them, seeing thereby he doth not onelyonly prouide for his indemnitie, but also requireth more than he lent, seeking gaine out of his brothers need? The like is to be said of Leuit. 25. 35, 36, When thy brother with thee shall fall into want, and his hand shall shake (that is, shall want meanes of his owne to supply his want) thou shalt sustaine him, (namely by loane, as it were by putting a staffe into his hand to stay him vp) the stranger also, and the soiourner, that … may liue with thee. Thou shalt take no … of him, nor vantage, but thou shalt feare thy God, (where by the way wee gather, p. 206that those who take vsurie of the needie, hauehave not the feare of God before their eyes) that thy brother may liue with thee. From whence also we may inferre, that he which imposeth vsurie on the poore, taketh a course to eat them vp that they may not liue with him.

Yea but say they, the poore sometimes is relieued by vsurie. I graunt he is relieued and eased for a time by the loane, though not by the vsurie; for that, when the principall is to be repaid, gnaweth and biteth some part of the poor mans substance from him, and so increaseth his want, and by little and little eateth him vp. Money lent vponupon vsurie to a poore man to supply his need, may not vnsitly be compared to a piece of new cloth sowed vponupon an old garment: for that, although it couer the rent for a time, and seemeth to hauehave mended the garment; yet after a while, the new cloth fretteth the old, and bringeth away part of it, and so maketh the rent much worse. This therfore is but a cruell relieuing of the poore and needie. For the like might be said of a victualler, who selling a penny loafe for six pence to a man readie to die for hunger, doth relieue him in his want, and preserueth him from death, but yet his and the vsurers mercies are cruell,Pio. 12. 10. as Salomon sayth of all the wicked.

Thirdly, if the Lord straightly commaund free loane towards them that be in need, then questionlesse all vsurie, be it neuer so small, is forbidden towards the poore: but the former is certaine, as we shall shew out of Deut. 15. 8. &c. Luk. 6. 35. And therefore the least vsurie that may be, is forbidden towards the poore, and that vnderunder the name of Neshek and Tarbith, that wee should no longer dreame, that no vsurie is Neshek, vnlesse it be great, nor Tarbith, vnlesse it be excessiue.

Their fift and last objection is, that the law which forbiddeth vsurie, is not morall, but judiciall, and therefore not belonging to vsus. They prooue it to be a law judiciall, because Deu. 23. 20, vsurie is permitted towards a stranger.

p. 207I answere first, if it were a judiciall law, yet the equitie thereof, which is perpetuall, would appertaine to vsus, viz. That vsurie is not to be imposed vponupon a brother: But behold we Christians are all brethren in Christ, this difference of Iew and Gentile being taken away. Neither can there any sufficient reason be giuen, why we should not deale as charitably one with another, as the Iewes were bound to deale among themselues, seeing we are not only brethren in Christ, but also members of the same bodie, whereof Christ is the head; especially seeing our Sauiour hath propounded himselfe for a patterne, that we should louelove one another as he hath loued vsus, and hath made this mutuall louelove the cognisance of true Christians. Hereby (sayth he) all men know you to be my disciples, if you louelove one another. If therfore it were vnlawfull for the Iews to require any vsurie, whether it were more or lesse of a brother, whether he were rich or poore; much lesse is it lawfull for Christians, whom it behoueth more than the Iewes to be wained from couetousnesse and worldly cares, and to whom some things are vnlawfull, which to the Iewes because of the hardnesse of their hearts, were permitted. But indeed the law forbidding vsurie, is morall, as diuers of the most learned patrones of vsurie doe confesse, whose names, because their memorie otherwise is blessed, I will conceale. For it cannot be denied, but that theft, oppression, and whatsoeuer is vnjust and vncharitable, is forbidden in the morall law of God; but vsurie is a kind of theft and oppression, it is vnjust and vncharitable, as hereafter it shall be prooued, therefore it is forbidden in the morall law of God.

2. The law which commaundeth free lending, is not judiciall but morall, and is therefore renewed by our Sauiour Christ: therefore the law which forbiddeth vsurie or lending for gaine, is morall. For the same law which commaundeth the affirmatiue, condemneth the negatiue.

p. 2083. Vsurie is reckoned in the Scriptures among the transgressions of the morall law: yea, somewheres it is raunged among the abhominations, that is, the most grieuous crimes forbidden in the law: as Eze. 18. and 22. 12, where the Prophet, as Basil hath well obserued, foreign,In Psal. 15.Ps 15 placeth among the greatest euils, the taking of vsurie and increase.

4. Biting vsurie and excessiue increase, is without question forbidden in the morall law, as an high degree of theft and oppression. But the vsurie which the patrones of vsurie vnderstand to be forbidden in the law, is biting vsurie, and excessiue increase. Therefore the vsurie which the patrones of vsurie themselues vnderstand to be forbidden in the law, is forbidden in the morall law of God.

5. Whereupon followeth another consequent, That seeing the same vsurie which is forbidden in the law, is permitted towards a stranger, therefore this permission of vsurie is prooued to be judiciall, and the prohibition morall.

But for the better vnderstanding of this law we are to consider who is meant by stranger in this place. The Hebrew word vsed here is foreign, wherby is meant not eueryevery stranger which is not an Israelite by birth. For on him that was either foreign, that is aduena, a proselite, dwelling among them, who though he were a stranger by birth, was a brother in religion: or foreign, inquilinus, a stranger by birth, but not by dwelling or affection, but such an one as dwelled friendly among them, though not circumcised, (as appeareth Exod. 12. 43, 45, 48.) vsurie was not to be imposed, Leu. 25. 35, (Thou shalt relieue him, viz. the brother, the stranger also and sojourner, that he may liue with thee) but onelyonly on him that was foreign, extraneus, or histis (as the word histi was wont to signifie) an aliant, as by birth, so also in dwelling, in religion, in affection. See Obad. vers. 11. and Lament. 5. 2.

p. 209Now in this sence the word may signifie either more generally any one that was a meere aliant from the commonwealth of Israel, or more specially such aliants as were the remnants of the Canaanits. If we vnderstand this permission of vsurie to be extended towards all aliants, there might be two causes rendered, why the Lord permitted the same: the one, the hardnesse of the Iewes hearts: the other, the vnjustice of the Gentiles. For the Lord as a wise law giuer, in his judiciall lawes permitteth in a ciuile respect some things euill in themselues for the auoiding of a greater mischiefe, not to allow or justifie the same from the guilt of sinne, as before him in the court of conscience; but to exempt the same from ciuile punishment in the externall court before the magistrate: as for example, the hardnesse of the Iews hearts being such, that when they set their affections on other women, and waxed wearie of their wiues, they would either put them away to their shame and vtter vndoing, or else tyrannize ouer them, if they continued with them; the Lord therfore by a ciuile or judiciall law permitted men to put away their wiues without the crime of adulterie, so as they could giuegive them a bill of diuorcement, wherein they should giuegive testimonie to their wiues chastitie. And yet whosoeuer did put away his wife without the crime of fornication, howsoeuer he were by this ciuile permission free from punishment of the magistrat, notwithstanding, he was guiltie of adulterie before God, as our Sauiour Christ teacheth, Matth. 19. So the hardnesse of the Iewes harts, and couetousnesse being such, that if they were not permitted to practise vsurie towards strangers, they would exercise it against their brethren; and likewise, the injustice of the Gentiles with whom they did traffique, being such, as they would be sure to exact vsurie of the Iews: therefore, that neither the Gentiles by inequalitie of negotiation should eat vp the Iewes, nor yet the Iewes should oppresse one another by vsurie, it might p. 210be, that in these ciuile respects the Lord permitted it towards the Gentiles. And therefore as the permission, which gaue leaue to the Iews to put away their innocent wiues with a bill of diuorcement, doth not disprooue the law forbidding adulterie to be morall, but prooueth it selfe to be judiciall: so the permission of vsurie towards strangers, doth not prooue the law forbidding vsurie to be morall, but it selfe is euidently prooued to be judiciall. And as he which without the crime of adulterie putteth away his wife, is notwithstanding that ciuile permission an adulterer before God: so hee which practiseth vsurie, as permitted to him either by the law of Moses, against any stranger, or by the ciuile lawes of men, is notwithstanding a theefe before God.

But in my judgement we shall more rightly expound this place, if by stranger wee doe not vnderstand any stranger, but that stranger, that is to say, the remnants of the Canaanites, by whose impouerishing the L. would hauehave the Iewes enriched. For first the words are not Lenokri, as Dent. 14. 21, but Lanokri, that is, extraneo ifti, as Tremellius and I…nius translate, adding this exposition, extraneo ifti, to this stranger, that is, to the reliques or remnants of the Canaanits, whom the Lord had appointed to destruction, and would hauehave by little and little consumed. And to the like purpose Ambro…e expoundeth this place: But perhaps (sayth he) you will say, …ib, de Tob. c. 15it is written, thou shalt lend vponupon vsurie to a stranger, &c. Who then was the stranger? but the Amalekite, but the Amorrhite, but the enemies of the people of God? there (sayth he) exact vsuric, whom thou desirest to hurt worthily; against whom thou goest to warre lawfully, on him thou mayest lawfully impose vsurie: whom thou canst not easily ouercome by warre, on him thou mayest easily wreakethy selfe by vsurie. Ab hoc … am exige, quem no… sit crimen occidere. Take vsurie of him whom thou mayest lawfully kill: therefore, vbiius belli, ibietiam ius vsurarum, against whom there is right to wage warre, against them there is right to practise vsurie.

p. 211And this exposition seemeth therefore the rather to be embraced, because when these remnants of the Canaanites were rooted out, all vsurie afterwards is generally and absolutely forbidden, without exception of any as Psal. 15. Prou. 28. 8. Eze. 18. and 22. Rabbi Salomo, as Lyranus reporteth in Exod. 22. 25. denieth it to be lawfull for a Iew to take vsurie of a stranger. And the Hebrew glosse so vnderstandeth this text,Psal. 15.Ps 15 That hath not giuen his money to vsurie,De arcanis cathol. verit. lib. II. cap. 4. no not to a Gentile, sayth he. Which P. Galatinus also doth note to hauehave bin the judgemēt of the Rabbines.Tom. 5. lib. 6. in Ezek. 18.Ezek 18 And this progresse Ierome well obserued. Vide profectum: See the proceeding (sayth he) of the holy ghost, In the beginning of the law vsurie is forbidden onelyonly towards brethren: but in the Prophet it is forbidden towards all, without limitation.

But this permission, or if you will, allowance of vsurie towards the Canaanite doth no more prooue the law against vsurie not to be morall, than the allowance of manslaughter in warre doth prooue the law forbidding murther, to be judiciall. For although the law condemning vsurie be neuer so perpetual or morall, yet notwithstanding as all other commaundements of God, so is it to be vnderstood with this limitation and restraint, namely, vnlesse God otherwise appoint. It is a morall law which forbiddeth other theft as well as vsurie; but if the Lord by speciall warrant allow the Israelites to spoyle the Egyptians at their departure out of Egypt, they may lawfully doe it. It is a fearefull sinne forbidden in the sixt commaundement of the morall law, if a father shall kill his onelyonly sonne: but if the Lord appoint Abraham to kill his owne sonne, he is authorised to doe it. For if princes may dispense with their owne lawes, much more is this pr erogatiue royall to be graunted to the Lord, whose wil is the rule of justice, hauing this priuiledge, that whatsoeuer it willeth, is therefore just, because he willeth it.

Whereas therefore some object, That if vsurie be permitted towards a stranger, therefore simply it is lawfull: I answer, p. 212if it be permitted, it is thereby rather prooued to be vnlawfull in it selfe: For if it were lawfull in it self, it should not need to bee permitted, as the putting away of a mans innocent wife, being a thing simply and in it selfe euill, was notwithstanding permitted to the Iewes.

Yea, but now all difference of brother and stranger is taken away: and therefore that which is lawfull towards one, is not vnlawfull towards another. Assume, but vsurie is lawfull towards one, that I denie. It was lawfull towards the stranger, because it was allowed by a judiciall permission, or dispensation; but is not now lawfull, because by the morall law it is generally and perpetually forbidden. Yea, but now difference of brother and stranger is taken away: It is true indeed among those that beleeue in Christ, otherwise there are brothers and strangers still. But what is hereof to bee inferred? Surely, if all difference of brother and stranger be taken away, then is not vsurie lawfull among those that professe the name of Christ: for we are all brethren in Christ, and therefore that which is not lawfull among brethren, is not lawfull among vsus. For I hope none will bee so absurd, as to conclude, that all difference of brother and stranger being taken away, we are all aliants and strangers one to another, and therefore that vsurie among vsus may be lawfull, as it was lawfull for the Israelits towards the Canaanits. But how was it permitted towards the stranger? Surely as a grieuous punishment, whereby the Lord would hauehave him impouerished and consumed. If therefore the Lord permitted or allowed vsurie to bee exercised onelyonly against the Canaanits, whom he had appointed to destruction, and whom he would hauehave by degrees wasted and consumed, Deut. 7. 22. and also permitted it to this end, that thereby they might be wasted and impouerished: doest thou thinke that thou canst in charitie impose the same vponupon thy brother?

And thus hauehave I manifestly prooued, that all vsurie or lending for gain is condemned in the morall law of God: p. 213howsoeuer the judiciall law allowed the practise of it towards that aliant, that is to say, the Canaanite.

To these places of the law, I will adde the example of Nehemias that godly magistrat,Neh. 5. 11.Neh 5:11 in the fist chapter of that booke: for when as the needier sort had made complaint that whereas they being imployed about the building of the wals of Ierusalem, and neglecting their owne particular, were fallen into want, by reason of their great charge of wife and children, and wanting means of their owne, had beene forced to borrow of the wealthier sort corne, wine, & oyle, for their sustenance, & mony for payment of the kings tribute: so it was, that the wealthier sort had not only taken their houses, lands, and vineyards to pawne, but also exacted of them for vsurie the hundreth part ouer and aboue the principall: Nehemias therfore hearing this complaint, was greatly offended with these rich men, who contrarie to the law of God required vsurie of their brethren, and causeth them not onelyonly to remit this vsurie of the hundreth part, which he calleth a burthen,Vers. 7. & 10. and would hauehave the people eased thereof; but also to restore vntounto thē their lands, their vineyards, their oliue grounds, and their houses which they had taken to pawne. Where the centesima vsura, that is, the vsurie of the hundred part, which as it seemeth was permitted by the laws of the Persians, as after it was by the laws of the Grecians and Romans (among whō it being exacted monthly, was an vsurie of 12 in the hundred) is plainly condemned. But against this allegation I find three exceptions: the first, that the vsurie which is here condemned, was exacted of the poore; and they doe not denie, but that vsurie is vnlawfull toward the poore: I answere, that although these borrowers were in want, yet were they not such poore men as these patrones of vsurie imagine: for they had houses, lands, vineyards, and oliue grounds, and in regard thereof were to pay tribute to the king: but now being cast behind hand for the reasons aforesaid, were forced to borrow, p. 214and being not able to borrow without a pawne, nor yet without allowance of vsurie, had yeelded in their necessitie not onelyonly to pawne their houses and lands, but also to graunt an vsurie of twelue in the hundred to their creditours. And therefore this place prooueth, that men of wealth ought to lend freely not onelyonly to the poore and base sort of people, but also to men of better place and calling, being in need.

The second exception is,C. Molin. that some vnderstand this place not of the creditours taking vsurie for loane, but of the gouernours exacting allowance of their needie brethren for their maintenance. Which they prooue, because vsurie was execrable among the Iewes: and therefore the centesima or hundreth part here mentioned, was not vsurie, but the hundreth part of their rents and goods which they payd for the stipends of their gouernours.

First to their reason I answere: that to so many of the Iews as feared God, vsurie was execrable, as I partly obserued before out of Leuit. 25. 36. but it is the want of the feare of God, which Nehemias objecteth vntounto the rich men in this place, vers. 9. who neglecting or forgetting the law of God in this behalfe, had learned the customes of the Medes and Persians, in requiring vsurie for loane.

Secondly, as touching the objection it selfe, to the priuat judgement of one or two I oppose the generall and receiued opinion of all the learned besides, who either expound or translate this place, vnderstanding the same with one consent of vsurie. And that this is the true meaning of the place, appeareth both by the complaint of them which were oppressed, (who borrowing money for the kings tribute,See Ezr. 4. 13. & 7. 24.Ezra 4:13Ezra 7:24 and corne and victuals for their sustenance, were faine to pawne their houses and lands, yea some had bound ouer their children to their creditours) and also by the remedie prouided by Nehemiah, which was, that the creditours should restore their pawnes, and p. 215remit the hundreth part of the money, corne, wine, and oyle: for these were the particulars which they had lent, and for the loane whereof they required, vsur as centesimas, that is, vsurie of the hundreth part.

Thirdly, out of this place the aforesaid author of the English Treatise laboureth to prooue the lawfulnesse of vsurie by the example of Nehemiah himselfe and his followers, who had lent vponupon vsurie to these men; for so he readeth vers. 10. for euen I my brethren and my seruants did lend them vponupon vsurie money and corne: the word is Noshim, of the verbe Nashah, which as I hauehave said before, signifieth either to exact, or to lend with purpose to require or exact againe that which is lent; and so in this place is interpreted two wayes, either in the sence of free lending (as the most do read) wherein Nehemiah commendeth his owne example to be followed; or in the sence of exacting, as Tremellius and Iunius translate. As if Nehemias had said, If your dealing with your brethren were to be allowed, then much more might I and my brethren and seruants exact of them that which is due vntounto vsus: But that (as afterwards he sheweth) he had forborne all the time of his gouernment:Vers. 14, 15. &c for the sence which that authour giueth, is repugnant to the text it selfe. For why should Nehemiah bee so angrie with the other wealthie men, if himselfe and his followers, who were to giuegive them example of charitable dealing, had practised the same thing? or how could he reprooue them so sharpely, if himselfe were guiltie of the same offence? or would he alledge his owne practise of vsurie, to persuade them to desist therefrom? or if hee condemne vsurie in himselfe and his followers, as well as in the rest (as he doth, if that interpretation were good) how is vsurie justified by his example?

Now I come to those places of Scripture wherein vsurie is generally and absolutly condemned, and they are foure. The first is the text which we hauehave in hand, p. 216where,Psal. 15.Ps 15 vntounto the Prophet demaunding who shall sojourne in the Lords Tabernacle, and who shall rest in the mountaine of his holinesse, He that giueth not his money to vsurie, that is, that lendeth not for gaine. Out of which place this syllogisme may bee gathered; whereunto let euerie vsurer consider how he shall be able to answer before the Lord. He that shall inherit the kingdome of heauen doth not put forth his money to vsurie, but thou, (say I, to the vsurer or him that lendeth for gaine) dost put forth thy money to vsurie, thou therefore (vnlesse thou repent) shalt not inherit the kingdome of heauen, but shalt be cast out of the heauenly Ierusalem, and shalt hauehave thy part in the lake, which burneth with fire and brimstone, where is weeping and wailing and gnashing of teeth:De Teb. c. 15. For as Ambrose inferreth vponupon this place, If therefore he be blessed (saith he) that hath not giuen his money to vsury: then no doubt he is accursed who hath put forth his money to vsurie. Yea but (saith the vsurer) the word here vsed is Neshek, which signifieth biting, and therefore so long as I bite no bodie, this conclusion includeth not me. Whereunto I answer, that Neshek is the generall word whereby all vsurie is signified, and therefore that all lending for gaine is Neshek, as I hauehave manifestly proued before. Neither is it called Neshek because the lender biteth, but because the money lent vponupon vsurie biteth or gnaweth away some part of the borrowers substance, and so he which lendeth causeth his money to bite, as the Hebrew words do plainly signifie, Deut. 23, 19. And therefore consider well whether this distinction of biting & not biting vsurie, grounded vponupon the notation of the word (which indeed distinguisheth not one kind of vsurie from another, as though one did bite and another did not bite, but rather impor…eth that all vsurie is biting) be so sure a distinction as thou wilt aduenture thy saluation thereupon.

The second testimonie is of the wise king Salomon, Prou. 28. 8.Prov 28:8Pro. 28. 8. He that increaseth or multiplieth his riches by vsurie and p. 217increase, gathereth them for him that will be mercifull to the poore: that is, riches gotten by lending vponupon vsurie and by taking increase, shall be translated from the couetous vsurer, who is commonly cruel and vnmerciful to the poore, vntounto the liberall and bountifull man who will be mercifull to the poore: For the translation of riches threatned, is an euident argument of vnjust possession. From hence therefore all that are addicted to wealth are to be exhorted, that as they desire the continuance of their riches which are so deere vntounto them, so they would not gather the same by vsurie.

Against this testimonie they make three exceptions: The first, that not all vsurie or increase is here condemned, but biting vsurie and multiplied increase. I answer, that all gaine or cleere increase aboue the principall couenanted for, or exacted for loane, is Neshek and Tarbith here condemned, as I hauehave proued before.

Secondly they object, that the prouerbe speaketh of him who lending vponupon vsurie to the poore, oppresseth them thereby, for so much the prouerbe doth not obscurely signifie, that goods taken from the poore by couctous vsurers, shall by iust and liberall men be restored vntounto them againe. This collection I denie not to be wittie, but I denie it to be sound. For no more can necessarily be gathered hence, but thus much as I sayd, that goods vnjustly gotten by men couetous and vnmercifull, shall be transferred from them, to the liberall and mercifull. To which purpose the holy ghost often speaketh in other places of Scripture, as Prou. 13. 22, The riches of the sinner is laid vp for the just: Eccle. 2. 26; VponUpon the sinner the Lord sendeth trouble and molestation to gather and scrape together, that he may giuegive to the man that is good before him: Iob. 27. 16, 17, Though the wicked should heape vp siluer as the dust, and prepare raiment as the clay, he may prepare it, but the just shall put it on, and the innocent shall diuide the siluer.

The truth of which commination daily experience p. 218doth proue, for seldome doe vsurers children thriue or come to good. And that which commonly is sayd, De male quasitis non gaudet tertius haeres, is verified by Salomon, Eccles. 5. 12, 13.

And for as much as vsurours doe not vse to trust the poore but with small summes, out of which ariseth a small increase; it is not therefore likely that great riches are gathered by vsurie exacted onelyonly of the poore: and therfore the prouerbe seemeth to speake of vsurie required not only of the poore, but also of the richer sort, to whom the greater summes lent, do raise greater gaine.

Thirdly, they object that the prouerbe speaketh of him whose trade and profession is to seeke gaine by vsurie, and whose great wealth hath no otherwise risen but by vsurie.

To which I answer, If to lend vponupon vsurie were a thing lawfull, why should not the custome or trade of lending vponupon vsurie be lawfull, as well as the custome or trade of seeking gaine by other lawfull contracts. But now say the patrons of vsurie, it is vtterly vnlawfull to make a trade of vsurie. Yea Caluin plainely affirmeth, that whosoeuer maketh a profession of vsurie, In Ezek. 18.Ezek 18he ought to be excluded from the companie of men, and that he ought not to be suffered in the Church of God, for an vsurer is euer a theefe. How then can lending vponupon vsurie, though but for once or twice, be lawfull? for if it were lawfull for once or twice, why not for three or foure times? and if so oft, why not for fiue or six times? and if so, why not for ten or twentie, or for so oft as you will?

Now if you lay these three exceptions together, you shall perceiue that this patron of vsurie would hauehave none to be cōdemned by this place, but such as making a trade of exacting great and excessiue vsurie of the poore, do thereby alone gather great wealth: so that there can scarcely be found any so wicked an vsurer, who may not by these exceptions elude and shift off from himselfe this so plaine a testimonie against all vsurie.

p. 219I proceed to the third testimonie, Eze. 18, which if there were no more, might alone suffice for the condemnation of all vsurie whatsoeuer: For there the holy Ghost, vers. 8, and 17, describing a just man that shall surely liue, among other markes he reciteth this twice, And hath not giuen forth vponupon vsurie, neither hath taken any increase: And againe desciphring a wicked man who should not liue but die the death; he setteth downe diuerse notes, any one whereof should (without repentance) be sufficient for his condemnation: for so he faith, vers. 10.Verse. 10. and 11,Verse. 11. If a just man be get a sonne that is a theefe, or a sheder of bloud, if he do anie one of these things: though hee doe not all these things, but either hath eaten vponupon the mountaines, or defiled his neighbors wife,Verse. 12. or hath oppressed the poore and needie, or hath spoiled by violence, or hath not restored the pledge, or hath lift vp his eyes vntounto the idols, or hath committed abhomination, or hath giuen forth vponupon vsurie, or hath taken increase,Verse. 13. shall he liue? he shall not liue, seeing he hath done all these abhominations, he shall die the death, and his bloud shall be vponupon him. Where we 1may note that not onelyonly the act of couenanting for gaine in the contract of loane, but the exacting also of an ouerplus or cleare increase, though perhaps without any couenant going before, is condemned. And that it is condemned 2not onelyonly among other crimes forbidden in the morall Law, but also is reckoned among those abhominations: for the cōmitting of any wherof without repentance: the Lord denounceth certain death; asking with indignation, that any man should make a question whether vsurie be a damnable sinne, or whether the vsurer dying in that sinne without repentance should bee saued, That hath (saith he) giuen forth vponupon vsurie, or hath taken increase, shall he liue? he shall not liue, he shall die the death, and his bloud shall be vponupon him. And lastly, that all vsurie or taking increase is 3generally forbidden, without limitation of circumstances. Whereas therefore the holie Ghost setteth downe p. 220this proposition, Whosoeuer putteth forth his money to vsurie, or taketh increase, shall surely die, meaning thereby eternal death. It is a wonder if the conscience of the vsurer do not from thence assume and conclude thus, But thou lendest forth vponupon vsurie, thou takest increase, therefore if thou continuest in this sinne, thou shalt surely die eternally, and thy bloud shall be vponupon thee.

Against this allegation they object, first, that the generall which is here forbidden, is oppression of the poore: of which generall, this is one speciall kind, biting or multiplication: The former of money, the latter of other things. If therefore vsurie be so tempered that it oppresse not the poore, it is not forbidden: much losse, if it relieue him.

I aunswere, that to speake properly, nothing is here commaunded or forbidden, but certaine notes are recited both of the just man who is to be saued, from the fift verse to the tenth: and also of a wicked man who should not liue but die, from the tenth verse to the fourteenth: And that among the notes of the just man, abstinence from oppression, is not set downe as a generall including other specials, but as a distinct note: or if it were set downe as the genus of vsurie, what other thing could be concluded thence, but that all vsurie is oppression. Now in the catalogue of those markes whereby a wicked man is deciphred,Verse 12, 13. betwixt oppression of the poore and vsury, idolatrie is placed: which is a sufficient argument that vsurie is not here set downe as a species of oppression of the poore and needie before specified; howbeit this is to be acknowledged, that vsurie so often as it is exercised towards the poore, is an oppression of them. But if you desire to know the true genus of vsurie, you may say it is theft: For vsurie is the lenders theft, which if it be exercised towards the poore and needie, is also oppression and robberie.

Secondly, they object that in this place of Ezekiell, the retaining of the pledge is as well cōdemned, as the taking p. 221of vsury: But the retaining of a pledge is somtimes lawful, therfore also vsurie. I answer, that by the same reasō other malefactors might defend their robberie & idolatry, and such other abhominations, some whereof are here inter…erted betwixt the detaining of a pledge & taking vsury. But hereby you may perceiue the strange dealing of these men: for whereas among nine or ten notes one onelyonly is found which is not simply euill, namely the retaining of a pledge; hence they will conclude that there is the same reason of taking vsurie, and of keeping a pledge. Why do they not rather gather seeing vsurie is reckoned among eight or nine other notes, which be of things simply euill and abhominable, that vsurie in like sort is simply euill and abhominable? and that is Ambrose his collection, Vide, saith he, quemodo foeneratorem cum idololatra copulauit, quasi crimen equaret, See how he hath coupled the vsurer with the idolater, as though hee would hauehave vsurie esteemed an equall crime with idolatrie.

There remaineth the last testimonie, Ezech. 22, against which no such exceptions can be taken. For among other abhominations, for which the Lord threatneth destruction against Ierusalem, this is reckoned, verse 12, Thou hast taken Neshek, Vetarbith, vsurie and increase: from whence we may plainely gather, that seeing vsurie is called an abhomination, and is reckoned among things not only simply euill, but also foreign, as Basill obserueth, the most outragious transgressions of the morall law, that it also is of the like nature; and that it is such a grieuous sinne as that it pulleth downe the wrath of God, not onelyonly vponupon the vsurer himselfe, but also against the country wherein he liueth. And here we are to obserue that the taking of vsurie and increase is so condemned for such an abhomination as I hauehave said, as that no such exception can with anie shew of reason be objected against this place as against the former: For here is no mention either of the poore, as though it were committed against them alone, p. 222or of the detaining of a pledge as though vsurie were to be matched therewith, for it is matched with murther, idolatrie, incest, and other such abhominations, neither that it is in this place so subjected to oppression as a species thereof, but generally and simply it is condemned as a grieuous abhomination, whereby the vsurer prouoketh the vengeance of God not onelyonly against himselfe, but also against the societie wherein he doth liue.

And thus we see all vsurie or lending for gaine, by diuerse testimonies of Scripture to be plainely and manifestly condemned.

Of which doctrine the couetous worldlings are apt to make this vse, If it be so that we may not by the word of God lend vponupon vsurie, then surely we will not lend at all. Answer, it is a greater sinne not to lend at all to a man who is in great need, than to lend vntounto him vponupon vsurie: Euen as it were a greater offence altogether to denie food to him that is almost famished, than to sell it vntounto him at an vnreasonable rate. And therefore manie commonweales do tollerate such vsurie as is not immoderat, for the good both of the borrower and also of the lender: Of the borrower, because his necessitie manie times is such, that it is farre better for him to borrow vponupon vsurie, than not to borrow at all: Of the lender, because to lend vponupon moderat vsurie to them that must needs borrow, is a lesse sinne than not to lend at all. But as the afore cited places condemne the negatiue, and forbid lending for gain, so there are diuerse manifest testimonies of Scripture injoyning the affirmatiue, and commaunding vsus to lend freely. And therefore as we are to abstaine from vsurie because God forbiddeth it, so must we practise free loane because God commaundeth it. These places because they are so manie euidences against vsurie, I will the rather recite: And first, that in Deut. 15, where the Lord hauing prouided by law, that in the seuenth yeare no debt should be demaunded; and foreseeing that hereby the couetous p. 223would take occasion when the seuenth yeare should draw neere, to refuse to lend to them that were in need; therefore vers. 7. and 8. the Lord straitly chargeth them not only at other times to lend freely to their needie brother, but euen then also when the seuenth yeare was at hand. His words are these, If any one of thy brethren with thee be poore and needie within any of thy gates in thy land which the Lord thy God giueth thee, thou shalt not harden thine heart, nor shut thine hand from thy poore brother, but thou shalt liberally open thine hand vntounto him, and thou shalt in lending lend, that is, freely lend him sufficient for his need which he hath. Beware that there be not a wicked thought in thine heart, to say, the seuenth yeare, the yeare of freedome (wherein debts were not to be required) is at hand; nor that thine eie be euill towards thy needie brother, so that thou wilt not giuegive vntounto him, and so he crie vntounto the Lord against thee, and it be sinne vntounto thee. Thou shalt freely giuegive vntounto him, and let not thine heart be euill when thou giuest vntounto him; for because of this the Lord thy God shall blesse thee in all thy workes, and in all that thou puttest thine hand to. In which words the Lord not onelyonly commandeth them straightly, to lend freely to their brethren being in need, not onelyonly at other times, but euen immediatly before the yeare of remission wherein no debts were to be demaunded: but also vseth two effectuall reasons to persuade them to the voluntary and cheerefull performance of this dutie. The former, because if they should refuse to lend to their brother in his need, it should be a sinne vntounto them, and good reason: for we are not absolut Lords of that which we hauehave, but onelyonly the Lords stewards, who must one day giuegive an account of our stewardship, and therefore we are bound in conscience so to imploy those goods which hee hath committed to our trust, as he appointeth. And therfore seeing the Lord commaundeth those which be of ability, as his stewards to lend to them that are in need, it is a p. 224sinne vntounto them if they shall refuse to lend freely vntounto them. The second reason to persuade men cheerfully to lend to them which are in need, is the gracious promise of God: For because of this, the Lord thy God shall blesse thee in all thy workes, &c. Now if this promise with some others in the word of God doe not preuaile with vsus in this behalfe, we shall bewray notable infidelitie. If a poore man bring vntounto thee a rich man to be his suretie, thou wilt not feare to lend vntounto him: but when the Lord becommeth a poore mans suretie, nay promiseth himselfe to be thy paymaister and to make thee full recompence, thou wilt not take his word; no not his written word, Prou. 19. 17, He that dealeth graciously with the poore, whether it bee by free giuing or free lending, lendeth vntounto the Lord, and the Lord will recompence him that which he hath giuen.

But lest any should alledge, though falsly, that this is a judiciall law, and therfore bindeth not them: I will therfore produce two testimonies out of the Gospell of our Sauiour Christ. The former, Mat. 5. 42, GiueGive to him that asketh, and from him that would borrow of thee turne not away. What then (will you say) is euerie one bound to lend to euerie one that asketh? I answer, respect is to be had of thine abilitie, and of his necessitie, and also (if it be not a case of vrgent and present necessitie) of his honestie: If his necessitie vrge him to borrow, and thine estate enable thee to lend, thou art bound to lend vntounto him, especially if his honestie deserue to be respected. The other testimonie is Luke. 6. 35. foreign, Lend, looking for nothing thence: which words though they be diuersly read and expounded, yet in euerie sence they commaund the dutie of free lending.

The word foreign admitteth diuerse significations, as first to bring into despaire; according to which sence thus much is insinuated, that those which refuse to lend vntounto men in their need, cause them to despaire. But this sence p. 225is not incident vntounto this place, vnlesse we read as indeed the Syriacke interpreter doth, insteed of foreign for foreign, lend causing no man to despaire. For they that go on borrowing they go on sorrowing, and when others will not lend when they must needs borrow, they are out of heart and do as it were sinke vnderunder the burden of their want. When as therfore thy brother commeth to borrow of thee for the supply of his want,Mat. 5. 42.Matt 5:42 turne not thy face from him,Deut. 15.Deut 15 neither harden thy hart towards him, nor shut thine hand from him,Leuit. 25. 35.Lev 25:35 but when his hand doth shake, stay him and hold him vp, suffer him not to sinke vnderunder his necessitie.

Secondly, it signifieth to despaire, or to be out of hope. In which sence our Sauiours words may thus be expounded, Lend, nothing despairing of recompence: as if he should hauehave said, let not distrust or despaire conceiued at thy neighbours want, keepe thee from lending, as though thou shouldest be a looser by thy loane, but lend him freely for the supply of his want, though he be not likely either to repay the principall, or to doe thee as good a turne. For your reward, saith our Sauiour Christ, shall be great,Prou. 19. 17.Prov 19:17 God himselfe will be your pay master: as elsewhere he hath promised.

Thirdly, it signifieth aliunde sperare, to hope from anie thing: as if hee had said, looking for nothing thence, that is, either from your courtesie of lending, or of the thing that is lent: from or by reason of your courtesie of lending, looke for nothing; that is, for no profit or benefit of your owne. In lending, respect not your owne good or profit, but the benefit of the borrower. Which generall sence is very fit & apt, including in it these two particulers, of either whereof some do vnderstand this place, that is, either of the like good turne, or of vsurie. 1. Of the like good turne, as if our Sauior had said, Lend where you do not looke to borrow or to receiue the like benefit, either because they are vnable or vnthankfull; not p. 226that it is vnlawfull to lend where a man may looke to borrow or to receiue the like courtesie: but our Sauiour would not hauehave vsus rest there, for sinners will lend to sinners to receiue the like; but his meaning is, that we should not onelyonly lend to our friend and such as are both willing and able to make vsus recompence, but also to others who are either vnwilling or vnable to shew the like courtesie to vsus. And thus Zanchius expoundeth this place, conferring it with the like in the fourteenth Chapter of the same Gospell,Luk. 14. 12.Luke 14:12 When thou makest a dinner or supper call not thy friends, nor thy brethren and kinsmen, nor thy rich neighbours, lest they also bid thee againe, and a recompence bee made thee: but when thou makest a feast call the poore, the maimed, the lame, and the blind, and thou shalt bee blessed, because they cannot recompence thee: for thou shalt be recompenced at the resurrection of the just. Not that it is simply vnlawfull for a man to inuite his friends and rich neighbours, but that of the two sorts, the poore are the rather to be inuited; for the other is but an act of common ciuilitie…, but this is a worke of Christian charitie, which shall not want his reward.

Secondly, it is expounded of vsurie, which is the most vsuall interpretation of this place, as if our Sauiour had said, Lend, looking for no gaine from thence, as Henry Stephen also in his marginall notes translateth, Nihil inde lucri … antes, hoping for no gaine thence. Yea Zanchius sometimes so readeth, but with this addition, scil. Ob officium mutuation is, hoping for nothing thence that is for the dutie of lending. And in this sence all authors almost that hauehave in former times written against vsury, vnderstand this place: For according to this (which as I said is the most common) interpretation, all vsurie, whether it be actuall or mentall, is by these words most plainely condemned: and whereas some of latter times (as you shall heare) vnderstand this nothing of the principall, others affirme, that you p. 227might as well put out the word lend, and say giuegive, because the contract of lending presupposeth both in the lender an intent of alienating the principall but for a time, and in the borrower a couenant, to restore after a time the principall.

Lastly, it is expounded as I said, of the principall or the thing lent: and then the sence must be this, Lend, looking for nothing thereof againe. As if he should hauehave said; Lend not only to such as from whom you may hope by reason of their abilitie or such securitie as they shall giuegive you, to receiue your owne againe; but also to such, as by reason of their want you cannot hope to receiue the principall againe. And this by the context it selfe doth seeme to hauehave beene the meaning of our Sauiour Chirst in this place: for (sayth he) in the former verses, If you louelove them that louelove you, and doe good to them that doe good to you, and lend to them of whom you hope to receiue, viz. that which you hauehave lent, what thank shall you hauehave? for euen sinners and such as are meere natural men, void of the grace of God, doe louelove them of whom they are loued, and doe good to those that doe good to them, and lend to such as themselues, that they may receiue as much againe: but you (sayth our Sauiour) louelove not onelyonly your friends, as sinners doe, but also your enemies, and doe good to those of whom you looke for no good, and lend not onelyonly to them of whom you hope to receiue your owne againe (for so much sinners are readie to doe one to another) but also to those of whom you can hauehave no hope to receiue your owne againe. So that foreign, vers. 35. is all one with foreign, vers. 34. And therefore our Sauiour Christ requireth an higher degree of louelove, than abstinence from vsurie: for he would hauehave vsus to lend not onelyonly without hope of gaine, but also if need require, without hope of recouering the principall. And (which is duly to be obserued) he giueth this testimonie to the very sinners of his time, That they would p. 228lend to sinners, that they might receiue foreign ▪ so much againe. For as I hauehave shewed before, when wee lend by mutuation, we doe not looke to receiue the same particular againe, as in commodation; but foreign, so much as is equiualent thereunto. Whereof we may necessarily inferre, that those which will not lend to receiue so much againe, but more, are worse than the very sinners among the Iewes. And therefore that which our Sauiour vttered concerning the Pharisies, may well be said of those sinners in respect of vsus: vnlesse our righteousnesse exceed the righteousnesse of these sinners of whom our Sauiour speaketh,Mat. 5, 20.Matt 5:20 we shall neuer enter into the kingdome of heauen: but if our righteousnesse be exceeded by them, how shall wee escape the condemnation that is to come? Against this testimonie alledged out of Luk. 6, I find three exceptions made by one and the same authour. They say this place maketh nothing against vsurie, first because Christ speaketh not of negotiation and gainefull contracts, such as vsurie is, but of the relieuing of the po…e, as appeareth vers. 30.

Answ. If our Sauiour doe not in expresse words forbid vsurie, as he doth, if the words are so to be read, Lend looking for no gaine; yet he doth by consequent forbid it: First, in that he commaundeth free lending: Secondly, in that he giueth testimonie to the very sinners, That they would lend to receiue their owne againe. And therefore sayth, it is not a thing thanks-worthie before God, if men will no otherwise lend, but to receiue as much againe. Thirdly, in that he would hauehave vsus lend without expectation of the principall it selfe, or any part thereof: and therefore if our neighbour is to be holpen (as Beza sayth) without regard of recouering the stocke, much more are all vsurious contracts forbidden.

Neither doth our Sauiour Christ speake onelyonly of relieuing the poore, but also of ciuile lending, wherein a man looketh to receiue his owne againe: for we may not so vnderstand our Sauior Christ, as though he did forbid p. 229men to louelove their louers, or to do good to those that hauehave deserued well at their hands, or to lend to such of their friends and acquaintance, as will restore what they hauehave borrowed; for they that will not do thus much, are worse than the very sinners of whom our Sauiour speaketh: but he requireth a higher degree of Christian louelove in those that be his followers, viz. to louelove not only those that louelove vsus, but also them that hate vsus; to doe good not only to those that do… good to vsus, but also to them that deserue ill at our hands; to lend not only to those who will repay, but also to such, as of whom we cannot hope to receiue that which we lent: so that our Sauiour Christ requireth both, as in a copulatiue sentence (the notes whereof be, not onelyonly, but also) but commendeth the latter especially vntounto vsus. For whereas lending proceedeth from one of these three fountaines, as Zanchius also hath obserued, namely, either from couetousnesse, when men by lending seeke their owne gaine, as vsurers doe vse to lend; or from naturall courtesie and ciuilitie, when men lending freely to gratifie their friends, intend to require their owne againe, as ciuile honest men (whom notwithstanding our Sauiour Christ calleth sinners) were wont to lend; or from Christian charitie for the Lords sake, as true Christians are willing to lend: our Sauiour Christ is so far from allowing the first, that he would not hauehave Christians to rest in the second. And whereas men doe chuse rather to lend after the ciuile manner, vponupon securitie to receiue the principall, rather than after the Christian manner for charitie sake, not taking so much care for our principall, as to help our Christian brother, because the former seemeth to stand rather with their profit, our Sauiour Christ therefore euen in this respect also preferreth the latter. For if men will lend onelyonly vponupon securitie to receiue their principall,Mat. 5. 46.Matt 5:46 what thankes hauehave they, sayth our Sauiour, or as Matthew reporteth, what reward hauehave they? for sinners will so lend, to receiue recompence from men by the repayment p. 230of the principall. But they that are readie to lend for the Lords sake in Christian charitie towards their neighbour to supply his want, though they hauehave no hope to receiue their principall at the borrowers hand, their reward shall be great, and in stead of recompence at the borrowers hand, they shall receiue plentifull recompence from the Lord. Secondly they object, That what our Sauiour Christ commaundeth, he commaundeth to be performed towards an enemie, but I am not bound to lend to mine enemie, vnlesse he be oppressed with want: therefore this commaundement enioyneth this dutie of free lending onelyonly towards such as be oppressed with want.

I graunt, that we are not bound to lend to any but to such as be in want. But if I be bound to lend freely to mine enemie, being oppressed with want, or to an vngodly man in his extreame need, for that also may be gathered out of this place; how much more am I bound to lend freely to one, that being not an enemie, is also of the houshold of faith? But the former they themselues confesse, and reason prooueth it. For if I ought to help and relieue the oxe or asse of mine enemie failing vnderunder his burden,Exod. 23. 4. 5.Exod 23:4Exod 23:5 how much more am I bound to helpe and succour himselfe, failing and fainting vnderunder the burden of his want? See Rom. 12. 20. & Prou. 25. 21. Thirdly they alledge, That our Sauiour Christ doth not forbid expectation of gaine, but of the principall it selfe: for vers. 34. he teacheth that one sinner wil lend to another, that he may receiue so much as he lent. And therefore that they which will approoue their pietie, must lend, though they bee not like to receiue any thing againe.

I answere, if men ought to lend without prouiding for their indemnitie in receiuing the principall, if so their brothers need require; much more ought they to lend without requiring an ouerplus ouer and aboue the principall. And againe, if sinners be content to lend without gaine, so they may hauehave their owne againe; what shall we thinke of those who will not lend to receiue so much as p. 231they lent, vnlesse they may receiue more? And lastly, if our Sauiour Christ allowed of vsurie, he would acknowledge, that the lender should doe an act worthy of great thanks, if he would lend freely, though vponupon couenant to receiue his owne againe: for he that should lend an hundred pounds; should besides the supplying of his neighbours want, do him as great a pleasure, as if he gaue him ten pounds out of his purse: but when as he sayth, if you lend to them of whom you hope to receiue that which you lent, foreign; what thank shal you hauehave? he euidently sheweth himselfe to be so farre from allowing vsurie, that he would not hauehave men to rest in ciuile lending. But the Lord acknowledgeth no further benefit done by lending, than the supply of the borrowers want, and signifieth, that he which lendeth in assured hope to receiue his owne, hath full recompence made him by the borrower, when he restoreth the principall in the full value thereof; whereas they which lend without hope of receiuing the principall at the borrowers hands, shall receiue a great reward at the hands of God.

And thus hauehave we heard out of the written word of God, what is his both reuealed will and also judgement concerning vsurie. His will, both in that hee straightly commaundeth free loane, and also seuerely forbiddeth lending for gaine. His judgement, not onelyonly in that he censureth vsurie as a fearefull sinne, and calleth it an abhomination, but also in that accordingly hee threateneth his fearefull judgements, both temporall against the vsurer himselfe, and that which is more, against the countrey wherein it is commited;Eze. 22.Ezek 22 and also spirituall, asking with indignation, Whether an vsurer should liue? & plainly affirming that he shall surely die,Eze. 18.Ezek 18 moriendo morietur. Now the will of God is the rule of justice, and whatsoeuer hee willeth, it is therefore good and just because he willeth it; and consequently, simple and absolute obedience must be performed thereunto, whatsoeuer arguments, p. 232impediments, or inconueniences can be pretended to the contrarie. And therefore though no other reason could be giuen why men should lend freely and not for gaine, yet this alone were sufficient, because God would hauehave vsus lend freely, and not for gaine. It ought to hauehave beene argument sufficient to our first parents to restraine them from the forbidden fruit, That God had forbidden it; though they had other reasons to induce them to eat thereof. And as in that case, so in this, it is sinne and folly to enter into disputation against the word of God, according vntounto which we shall be judged in the last day.

But as by the written word of God the foreign or vnlawfulnesse of vsurie is sufficiently prooued, so also by other euident arguments and testimonies it may be conuicted to be sinfull both in it selfe and in the judgements of all those who hauehave liued in former ages. Whereupon it will also follow, that the vsurer sinneth not onelyonly against the law of God, but also against the light and law of nature.

And thus he sinneth against his

neighbour.

God.

himselfe.

Against his neighbour. For whereas there are two duties especially to bee practised towards our neighbour, that is to say, Iustice and Charitie; justice, to giuegive eueryevery man his owne;1. Cor. 10. 24. & 13. 5.1 Cor 10:241 Cor 13:5 and charitie, not to seeke our owne but other mens profit; justice, to do no man wrong, charitie, to do good to all: vsurie offendeth against both, as being both vnjust and vncharitable. Which copulation is duly to be marked. For whereas some alledge, that vsury is not against charitie, when neither the lender nor borrower is hurt thereby; it shall hereby appeare, that if at any time it may seeme not to bee opposed to charitie as an hurtfull thing, yet is it alwaies opposed as an vnjust and vnequall thing. For first, the generall law both of justice & charitie p. 233is this, As you would that men should doe to you, so doe you to them likewise.Luke 6. 31.Luke 6:31 But when you hauehave need to borrow, you would that men should lend you freely,Mat. 7. 12.Matt 7:12 and not impose vsurie vponupon you: therefore in like case, when others would borrow of you in their necessity, you ought to lend them freely, and not impose vsurie vponupon them.

But against this argument diuerse things are objected: First, by this reason (say they) no man ought to let his horse or house for hire, or to sell his ware for an equall price. For who would not rather borrow things to vse freely, than to take them vponupon hire? and who would buy ware, if he might hauehave it giuen him?

I answere, not eueryevery thing which we would that men should doe to vsus, are we to doe to them; but that which in equitie and with good conscience we desire to be done to vsus: otherwise, he which desireth to be slaine, might lawfully kill others. But by commodation, a man cannot desire in equitie and with a good conscience to borrow freely that which is lettable, nor by free donation to receiue that which is saleable, vnlesse it be of some speciall friend, or of some that looketh for as good a turne at our hands, or in case of present or vrgent necessitie: for that were to desire another mans losse, without making of recompence. But he which hath need to borrow by mutuation, may in equitie and with a good conscience desire to borrow freely of him that is able to lend, because he doth not onelyonly purpose yea couenant to make full recompence, by restoring the full value of that which he borroweth (for so much is implied in the very contract of mutuation) but also if he be an honest man, will be as willing to gratifie his creditor wherein he lawfully may, as now he desireth to be holpen by him.

2. Againe, some who exercise moderat vsurie, alledge for the justifying of themselues, That if they had occasion to borrow, they would be willing to borrow vponupon vsurie, after eight or ten in the hundred. Yea, they would thinke themselues beholding to such an one as would lend vntounto them after that rate. And therefore p. 234they doe as they would be done vntounto in the like case. I answer first, that no man ought to desire to borrow, but for need: and therefore, what men which do not borrow for need, may desire, it is not materiall. And secondly, that no man which borroweth for his need, is willing simply or with an entire will to borrow vponupon vsurie, but vponupon a conditionall necessitie, for auoiding a greater mischiefe. As he which casteth his goods into the sea to lighten the ship in a dangerous tempest, is simply vnwilling to cast away his goods; and yet is willing so to doe, vponupon a conditionall necessitie to saue his life. And as he which falling among theeues, giueth them his purse, being forced thereto by a conditionall necessitie, viz. if he will saue his life, being simply vnwilling to forgoe his money: so he which in his necessitie yeeldeth to pay vsurie, doth it (as the Poet speaketh) foreign, willingly, for auoiding a greater inconuenience, but simply against his will. For that which a man doth not integra voluntate, Qui non integravoluntate consentit. inuitus appellatur. Hotom. de vsur. …s…metus 85. D. de ad. haered.with an entire will, he doth inuitus, against his will, Eth. 3. 1.say the Lawyers. Which alwaies happeneth in these mixt actions, wherein the agent is (as the Philosopher sayth) to be esteemed foreign, that is, not willing.

When as therefore they object, Volenti non fit iniuria, Wrong is not done to him that is willing: I answere, that neither is the borrower simply willing, neither is that axiome generally true; for then Ioseph had not sinned against his mistresse, if he had graunted her desire, neither had Sauls armour bearer beene worthie of blame,1. Sam. 31. 4.1 Sam 31:4 if at Sauls owne request he had killed him, being the annointed of the Lord. But Ioseph confesseth,Gen. 39. 9.Gen 39:9 that he should hauehave sinned fearefully, if he had yeelded to her desire:2. Sam. 1. 9. 10, 14.2 Sam 1:92 Sam 1:102 Sam 1:14 And Dauid putteth to death that pickthanke, who had (as he said) at Sauls owne entreatie slaine him. And therefore, seeing vsurie is as well forbidden in the Scriptures, as murther or adulterie, it is not the borrowers entreatie that can make it lawfull.

p. 235Yea but say they, The borrower is willing, he seekes to me, he intreates me, yea & of his owne accord he offers me vsurie. I answer, and yet is he not simply willing thereto, but his necessity for auoiding a greater inconuenience, maketh him seeme willing to that whereunto he is simply vnwilling: For doth not the mariner in the tempest vse all expedition with earnestnesse to cast out his goods, as though he earnestly desired to be rid of them, and yet is indeed vnwilling to be depriued of them? Doth not the partie which is fallen among theeues and is afraid of his life, earnestly intreat them to take his goods, and readily giuegive his purse and what else he hath, so they will spare his life; and yet simply is vnwilling to loose his money if otherwise he could chuse? Or if that example mislike the vsurer, suppose a man in extremitie of hunger comming to another to buy bread, who meaning (as the vsurer commonly doth) to take aduantage by his neighbours want, seemeeth vnwilling to sell him any food: will not this party in his extremitie offer the other twelue pence for that which is not worth two pence, and intreat him that he would take his money, and perhaps tell him that in so doing he shall saue his life? and yet no man is simply willing to giuegive twelue pence for that which is worth but two pence, or if he were, his desire would not excuse the receiuer. It is euident therefore that the vsurer breaketh the generall law of justice and charitie, in doing to others as he would not that others should do to him, and also in taking another mans goods without the others mans good will.

But I will shew you seuerally, first, that vsurie is vnjust: and secondly, that it is vncharitable. All illiberall contracts are vnjust, wherein commutatiue justice is not obserued; and commutatiue justice is not obserued where is not equality kept of the things committed, whether the commutation be of the things themselues for recompence, or of the vse onelyonly for hire. Now that there p. 236may be equality, allowance is to be made of the necessary cost, hazard and labour which appertaine thereto, for all these are valuable: as for example. A merchant trauelling beyond seas, buyeth commodities there at an easie rate, which hauing transported into his owne countrey, he may with a good conscience sell so much dearer, according to the proportion of his necessarie labour, cost, and hazard. And where none of these considerations are, there ought to be no gaine: or if there bee, there is inequalitie, and so vnjustice. But you will say: what if a man sustaine losse, is not allowance to be made thereof? If any man hath bene the effectuall cause of that losse, he and no other is to make recompence: but if losse be sustained by the hand of God, we must beare it as a crosse which the Lord hath laid vponupon vsus, and not presume to lay it vponupon any other mans shoulders who hath not bene the effectuall cause of our losse.

But now (say I) vsurie is an illiberall contract, and although it be in truth no other contract but lending for gaine, yet it putteth on the habit of letting, exchange, partnership, and is not onelyonly an vncharitable lending, as shall be shewed, but also an vnjust letting, an vnequall exchange; and an vnconscionable partnership. And first, it is a most wicked and vnjust kind of letting, agreeing with true letting in nothing else but in taking an ouerplus: for first as I hauehave shewed heretofore, Location is of such things as are not spent in the vse, but hauehave a fruitfull vse in themselues which may be valued apart from the propertie and dominion: and therefore he which letteth any thing, he alienateth the vse for an equall price, retaining to himselfe the property. But vsurie is of such things as are spent in the vse, and are lent to bee spent, neither hauehave they anie fruitfull vse in themselues which may be valued apart from the propertie, because they be spent in the vse; and therefore hee which putteth forth vponupon vsurie alienateth not onelyonly the vse but the propertie also, p. 237from which, as it is the subject of mutuation or vsurie, the vse cannot be seuered. As for example, If I let an house or a peece of ground, &c. I let the fruitfull vse which is in themselues naturally, retaining still the propertie to my selfe: But he which putteth forth money, or meat, or any thing else that is spent in the vse, he cannot let the fruitfull vse of them, or value it apart from the property, for there is no such fruitfull vse in them that can bee valued apart, and therefore with the vse if he lend them to be spent, he must needs alienat the propertie also. For the vse of money and victuals and such like things (as they are the subject of mutuation) is the spending and distraction of them; & if any fruit or profit be raised by the distractiō of them, it is to be ascribed to the industrie and skill of him that doth imploy them; and consequently the gaine, if there be any, of right belongeth to him, who being now the owner thereof (for as I sayd, in mutuation the propertie is transferred to the borrower) bestoweth his skill and industrie to raise a profit out of that which is his owne.

Secondly, in location the letter alienating the vse only and not the propertie, is to receiue againe the selfe same particular, after it hath bene vsed of the hirer, being for the most part impaired in the vse, in respect whereof there is a second reason of demaunding and taking the hire. But in vsurie, the lender alienating not onelyonly the vse but the propertie also, couenanteth to receiue againe not the selfe same particuler impaired in the vse, but the full value thereof in the same kind, without any impairing or diminution of the principall, and therefore in vsurie there is no such reason of an ouerplus, as in location.

Thirdly, in location the letter as he retaineth the propertie of that which is let, so he also beareth the hazard thereof. In so much that if it miscarie without the hirers default, it miscarieth to the letter, and not to him: for he is onelyonly to pay the hire, Exod. 22. 14, in respect whereof p. 238there is a third reason of the hire demaunded, as being in part the price of the hazard. But in vsurie the lender as he alienateth the propertie with the vse, so also with the propertie he transferreth the hazard to the borrower: in so much that if the principall, or any part thereof miscary, it miscaries to the borrower, it is safe to the lender, by the verie contract of mutuation.Luit. §. pen. C. de fur. Now it is a principle in the law, Vbi periculum, ibi lucrum collocandum est, To whom the hazard belongeth, to him appertaineth the gaine: Hotom. ex Pom. in l. is qui, 13.And that no man ought to reape gaine by that whereof he beareth not the hazard:§ 1. D. commod In si non fuerunt. 20 in si. l. si igitur. 55. eod. &c. and againe, That there is no gaine allowable by law, which hath no hazard joyned with it.

Lastly, the letter many times is at charge about such things as he doth let, as in repairing of houses, in keeping of houses, &c. which may be a fourth reason of demāding hire: but there is no such respect in vsurie. Nay the vsurer hauing transferred the propertie of that which is lent, to the borrower, & with the propertie the labor which is to be imployed, the hazard which is to be sustained, the cost which is to be borne for the raising of any commoditie by the imployment of the money; notwithstanding, he would hauehave the money to be thought his, in respect of the gain, though the borrowers in respect of the losse. Now if you lay these things together, you shall in part perceiue how vnjust & vnconscionable a gaine vsurie is, euen then when the borrower seeketh to be a gainer by the imploimēt of that which he hath borrowed. 1. In that the vsurer letteth that which is not lettable, & requireth an hire for the fruitful vse of that which hath in it self no fruitful vse, but is spent in the vse; and therefore being not valuable by it selfe, ought not to bee paid for by it selfe, as it is, when in respect thereof an hire is required ouer and aboue the principall. Secondly, in that hee requireth gaine or hire for another mans industrie and skill, hazard and charge imployed about that which now is not the vsurers, but the other mans which vseth his skill and p. 239paines, and beareth the hazard and cost about it; the vsurer in the meane time hauing nothing to do with the money, hauing transferred the propertie thereof to the borrower, neither yet bearing the hazard or charge, or being at the paines of the imployment of the money.

But against this argument, diuerse things are objected. First, they say money is not spent in the vse. I answer, it is spent to the borrower so soone as hee hath vsed it, though the substance thereof remaine in other mens hands: and it is lent to be spent. For therefore the borrower is bound by the contract of mutuation to restore not the same particuler (for that is to be spent and gone) but so much: and it is all one to the vsurer, not onelyonly by the contract of vsurie, but of mutuation, whether the principall be kept, or spent, or lost, or imployed to aduantage, the borrower being bound alike, whatsoeuer becommeth of that particuler, to restore the full value of the principall. It is nothing to the lender how the money lent be vsed, for the time of the loane, so that the principall bee restored in due time.

2. Yea but although the money itselfe remaine not to the borrower after he hath vsed it, yet it remaineth in the equiualent, that is, in some commoditie or ware which hath bene bought therewith, by vttering whereof, some gaine may be raised.

I answer, first, that it is all one to the vsurer by the verie contract of vsurie, whether I giuegive the money borrowed, or loose it, or mispend it, or pay a debt with it, or buy a commoditie with it; and if I buy a commoditie, whether it be such as is to be spent in necessarie vses, as victuals and such like, or whether it be to remaine with me, or be a ware which I would sell to others. And likewise the vse of money is one and the same, viz. the distraction or spending of it: For whatsoeuer I doe with the money, and howsoeuer I vse it, whether to my losse or gaine, I am by the very contract of vsurie bound to restore the principall with the vsurie, and therefore these p. 240are but friuolous pretences. But suppose I buy a commoditie which I meane to sell for gaine: first, I imploy my skill and industrie according to my trade, for the following whereof I am at charge; I onelyonly beare the hazard of the bargaine, which many times falleth to my losse; and lastly, the commoditie which I sell is mine owne, and therefore the gaine as well as the losse, if there be any, belongeth of right to my selfe and no man else. But as I said, whether I gaine or lose by the imployment of the money, I am bound alike by the contract of vsury to pay the principall with the increase, and therefore my gaine, is no more the cause of his gaine (though that be pretended) than my losse, because in both hee gaineth alike.

3. Obiection. But although money it selfe hath no fruitfull vse,Eccles. 10. 19.Eccl 10:19 yet as Salomon saith, money answereth all things, and therefore with money I may buy that which hath a fruitfull vse, as namely cattell, house, or lands, &c. and what reason can be giuen why I may not as well let my hundred pounds in money, as my hundred pounds worth of cattell, houses or lands, which I buy with my money?

Answer. Your money cannot bee let for the reasons aforesayd, and being lent it is the borrowers, who bearing the hazard of it besides his paines and charges, is to reape the gaine thereof: but cattell, house and lands, may be let, they hauehave a fruitfull vse which is valuable, they remaine yours notwithstanding they be let, and the hazard of them appertaines to you.

4. Suppose a man of better estate than my selfe, borroweth of me an hundred pounds, and therewith buyeth lands, and out of his land receiueth the fruits or rent thereof. What reason is there that he should receiue a rent for the land bought with my money, and I in the meane time hauehave none allowance for my money?

I answer, in such a case thou needest not lend, or if thou doest, thou mayest lend thy money vponupon this condition, That so much land as is bought therewith shall be morgaged vntounto thee, that so the bargaine may be thine, p. 241and the rent thereof paid to thee, vntill thou receiue thy principall. But you will say? Might I not as well lend my money for gaine? I answer, no: for if he besides the charges do also beare the hazard of the land which hee hath bought and is his owne, it is good reason that he should hauehave the fruits thereof. And what reason is it that when he which beareth all the charge and hazard, receiueth scarce fiue pounds a yeare, he should allow thee ten? But if thou takest the bargaine into thine hands, the fruit that riseth, is of thine owne; and as thou bearest the hazard, either in respect of the title, or in regard of some common calamitie, so is it good reason thou sholdest hauehave the profit thereof. As for the other, he sustainenth no disaduantage: for by this means he may be assured of the land which he desireth, when he can procure the money: and if he neuer procure the money, it is no reason he should euer hauehave the lands.

5. Againe, whereas I said that money being lent is the borrowers, both in respect of the propertie, and also of the hazard, and therefore the profit thereof belongeth to the borrower and not to the lender, who hath transferred from himselfe both the propertie and the hazard for a time; the vsurer demaundeth, What reason is there (saith he) that I should lend my money, and by lending make it another mans, without recompence?

I answer, if you do but lend your money, the borrower is bound by the very contract of loane to make you recompence by restoring the principall in the full value thereof. Yea, but why should I make that which is mine another mans, and transferre the dominion and propertie from my selfe to another, if I may not require some gaine therefore? I answer, because the Lord himselfe hath so straightly commaunded thee who art of abilitie, to lend freely to thy brother being in need,Deut. 15. 8, 9.Deut 15:8Deut 15:9 as that if thou refusest to lend vntounto him, it is sinne vntounto thee. And secondly, because he hath most straightly forbidden all lending for gaine, and condemneth p. 242it as an abhomination, which whosoeuer committeth he shall not liue, but die an euerlasting death. And thirdly, because the patrons of vsurie themselues do confesse, That for the dutie or curtesie it selfe of lending, that is, of making that which is mine to be thine for a time, no gaine ought to be required, or if there be, it is damnable vsurie. Whereupon I inferre another consequent, that if thou mayest not require gaine for the act of lending it selfe, whereby thou makest that which is thine to be another mans for the time, because the Lord forbiddeth it, and the patrons of vsurie confesse so much; then canst thou not require a gaine, much lesse a certaine gaine, not onelyonly out of the profit which hee may perhaps reape of the money which now is his, and whereof besides his skill, industrie and charge, hee alone doth beare the hazard, but also out of his losse. Thus therefore it appeareth that vsurie is a very vnjust letting.

2. It is also a very vnequall exchange, when for an hundred pounds deliuered, an hundred and ten pounds is required.

Why, But by this reason, you will say, you condemne all gaine, and negotiation for gaine. May not the merchant lawfully for his wares bought in another countrey for one hundred pounds, require one hundred and ten here? I answer as before, that there are three considerations, viz. of necessarie cost, industrie, and hazard; for all or any whereof, a proportionable gaine may bee allowed, but where none of those are found, there ought to be no gaine: consider then whether any of these are to be found in vsurie or not: doth the vsurer therefore take any paines for the gaine which he requireth by vsurie? Nothing lesse. Vsurie is a gainefull idlenesse, whereby men do eat of the sweat of other mens browes. For whether they eat or drinke, sleepe or wake, worke or play, their gaine by vsurie commeth in alike. Is he at any cost for the getting of this gaine? Not of an halfepenie. Doth hee beare any hazard? It is no part of p. 243his meaning. He requireth a couenant of the borrower for the payment both of the principall and also of the vsurie, at a certaine time; and for the performance of that couenant, before he will lend his money he will be sure of so much securitie as himselfe thinketh to be sufficient, whether it be by bonds or statutes, by pawnes or sureties: so that if the principall or any part thereof be lost, it is lost to the borrower, but it is safe to the vsurer, by the very contract of vsurie, ratified by other securities.

What then is the reason of this excesse or inequalitie in the contract of vsurie, that for an hundred pounds, one hundred and ten pounds of the like mony should be required?

Forsooth, saith one, this gaine I require for the forbearance of my money? Why, but say I, if thou lendest thy money for a time, thou must needs forbeare it for the time of the loane. And if thou must lend it freely and take no gaine for the courtesie of lending, thou must also forbeare it freely, and take no gaine for the courtesie of forbearing for the time of the loane. Yea but I forbeare it to my hinderance, and therefore so much as I am hindered, I may lawfully require by way of interest.

Hinderance I confesse is to be recompenced by him who is the effectuall cause thereof, and interest I hauehave shewed before to be lawfull: and therefore if the borrower through his default bee the effectuall cause of the lenders losse, the lender may with a good conscience require interest, and thereby prouide for his owne indemnitie. But indeed the borrower, vnlesse hee forced the creditor to lend, is not the effectuall cause of the creditors losse, vntill he hath made delay. Neither is the creditor after delay to demaund interest, vnlesse by the delay he incurre some losse, or sustaine hinderance of some lawfull and certaine gaine.

We confesse (say they) that the casuall or moment anie interest, Molin.whereof you speake, is not to be allowed or regarded but after delay: p. 244but the promiscuous or successiue interest is to be allowed according to the proportion of the time of the loane euen before delay. And what is this successiue interest I pray you? Forsooth an allowance to be made for the forbearance of money, pro rata temporis, according to the rate and proportion of the time, which is also called, inter vsurium, and by our vsurers, interest. I heare new names, but the thing thereby signified is the grosse and common vsurie which is forbidden in the Scripture, and hath bene condemned in all ages, as I hauehave shewed heretofore. For interest is to be esteemed not according to the borrowers successe in the imployment of money, but according to the hinderance which the lender sustaineth by the forbearance of his money, and thereof it hath the name. And whereof is the hinderance which he sustaineth? Forsooth of so much gaine as either himselfe might hauehave raised by his money in the same time, or another would hauehave allowed him according to the lawes.

Wouldest thou then hauehave imployed it thy selfe? Perhaps it is but a vsurious pretence. But be it so: How wouldest thou hauehave imployed it? By negotiation or traffique? That is not likely: Vsurers louelove not to bee aduenturers, there is too much hazard in traffique. But if thou wouldest, it may bee thou shouldest hauehave bene a looser: and therefore set thy feare of losse by aduenturing, which thou escapest by not hazarding the principall, against your hope of gaine which you looked to receiue, if you had aduentured, and let thy possible gaine which thou hast missed, bee recompenced with the possible losse which thou hast escaped. And know this, that the hinderance of vncertaine gaine is not to be allowed after delay, much lesse before: neither can vncertaine hopes be sold with a good conscience for certaine gaine, especially to those that do not buy them.

Yea but another would hauehave allowed mee after ten in the hundred.

But lawfull interest is an allowance of lawfull gaine: p. 245After delay made by the borrower, the lender cannot with a good conscience by way of interest require allowance for the hinderance of either vncertaine or vnlawfull gaine, much lesse may it be required before hand, and yet much lesse may it be couenanted before hand.

Yea but what reason is there that I should susteine hinderance without recompence?

Lay aside vsurious pretences. Canst thou not indeed without thine hinderance forbeare thy money? consider then the estate of him that is to borrow. Is he a prodigall gentleman, or riotous person? feed not his riot and vanitie. Is he a couetous tradesman that seekes to compasse great matters, and to bee an engrosser or forestaller of commodities, to the prejudice of the common wealth? make not thy selfe accessarie to his couetous practises, to such thou oughtest not to lend. Hath the partie no great need to borrow? to such thou needest not lend, or if thou doest, thine hinderance, if thou sustainest any, is meerely voluntarie, and of such an hinderance thou canst require no recompence of him who hath not bene the effectuall cause thereof. Is the partie an honest man, and hath need to borrow? then if the Lord hath enabled thee to lend, thou art bound to lend, though thou shalt sustaine some hinderance, yea though thou shouldest hazard the principall, thou must willingly yeeld to both, as imposed of the Lord: neither must thou seeke gaine out of his need, but lend freely for the Lords sake, who requireth this dutie at thy hand, and will be sure to recompence thee not by ten in the hundred, but by hundreds for thy tens, if not in this life, as many times he doth, yet in the life to come. Lend, saith our Sauiour Christ, looking for nothing thence, and your reward shall be great, &c.

If then the forbearance of the mony,Interesse vsurarium. and this vsurious interest (as the Law doth terme it) be not a good reason to justifie the inequalitie which is in vsurie, what other reason may there be thereof?

p. 246Forsooth, sayth another, the vse of the money. Why, but the selling of the vse of a thing is the letting of the thing, but money cannot be lawfully let, as I hauehave sufficiently prooued. The vse of money is the spending of it, as the vse of victuals is the eating of it: and in things spent in the vse, thou canst not without great inequalitie require one allowance for the thing, and another for the vse, which cannot be reckoned apart from the thing, or seuered from the propertie. If thou lend me ten loaues, thou shouldest deale very vnequally with mee, if thou shouldest require eleuen; or if hauing taken the price of the loaues themselues, thou shouldest also demaund a price for the vse, which is the eating of them: and in like sort, if hauing lent me ten pounds, thou shouldest require eleuen, that is, ten for the principall, and one for the vse, which was nothing but the spending of the money. But this indeed is not the reason of the ouerplus demaunded, though sometimes it be pretended. For, that in truth is the reason of the vsurie simply, according to which the vsurie is proportioned; the vsurie being lesse when that is lesse, and greater when that is more: that is, the time of forbearance or successiue interest, whereof I spake euen now. If you say, it is the time of the vse, I answere, as the time of the vse of meat is the time of eating it, so the time of the vse of the mony borrowed, is the time of spending it. For after it is once spent, as perhaps it is the same day it is borrowed, the borrower neuer vseth it more, though it were lent him for a long time, it is gone from him, and to him (as the lawyers speak) extinguished. Now if the same day, after I hauehave vsed, and in the vse spent your money, I hauing receiued as much elsewhere, should bring you so much as I borrowed, you would require nothing for the vse or yet for the time of the vse; which notwithstanding had beene one and the same, if you had lent and forborne the money for a tweluemonth. This then is not the matter, neither the vse, nor the time of the vse.

p. 247No saith the vsurer, I require not allowance for his vse in spending the money, but for the vse of the money employed to his aduantage. For what reason is there that another man should gaine by my money, and not make me partaker of his gaine? This also is another vsurious pretence. For in the contract of vsurie the lender maketh an absolute couenant for certaine gaine, without respect of the borrowers either losse or gaine: and by vertue of the same contract, demaundeth his certaine allowance or gaine, as well out of the borrowers losse, as out of his gaine. The borrower you say borroweth the money, that he might employ it to his gaine; and therefore you couenant for gaine by this loane: For why should he gaine by your money, and not you? I answere, though he intend to vse the money to his aduantage and gaine, yet many times he prooueth no gainer, but rather a looser. What then is the reason of your demanded gaine? is it not sufficient for him to loose the employment of his labour and skill, vnlesse out of his losse, he also make you againe? And hereby also it appeareth, that the best kind of vsurie (I meane when gaine is required of those onelyonly that borrow to gaine) is an vnconscionable partnership: For there is no lawfull partnership, where is not partaking in the losse as well as in the gaine. The vsurer will partake in the borrowers gaine, but in the losse he will hauehave no part. Yea whiles he seeketh, nay couenanteth for certaine gaine out of the vncertaine negotiation of the borrower (which is most vnequall) he exacteth the same gaine couenanted for, as well out of the borrowers losse, as out of his gaine: which is most vnconscionable. But what if I couenant for gaine in euentum lucri, that is, to gaine, if he gaine; but if he doe not gaine, then to require securitie onelyonly for my principall? That practise is farre more tollerable than the other, yet this also is vnequall, vnlesse as you couenant for gaine, if he do gaine, so you be also content to beare part in that losse, which without his default he shall sustaine. But why should be gaine with my money, and I hauehave no part therein? p. 248because the money being his for the time, he bestoweth the paines and the cost in the employment of it, and also beareth the hazard thereof alone. Wherefore if thou wilt couenant for gaine to be raised by the employment of thy money, thou must by way of partnership put it forth to be occupied, and not hauing transferred the propertie thereof, to beare the hazard of the negotiation; that it being still thine, and occupied at thine hazard, a proportionable part of the profit which is raised thereof may in justice and equitie belong to thee. Otherwise, if thou wilt not enter into a contract of partnership, this is all which thou mayest lawfully do: Lend thy money to an honest and a thriftie man, taking securitie onelyonly for the principall, and referre the rest to the blessing of God, and the borrowers fidelitie and thankfulnesse; but remember this withall, that to thine expectation of gaine, there must be an answerable purpose of partaking in the losse. Or if thou wilt couenant for gaine if he doe gaine, thou must also be content to beare part with him in the losse. But you will say: If I may receiue from the borrower an ouerplus, which of his owne accord he giueth to me in testimonie of his good will and thankefulnesse, why may not I couenant with him therfore? especially seeing it is a generall rule of all contracts, that what I may receiue from another when he willingly offereth it, I may exact the same of him, so that prouision be made for his indemnitie? Nay rather this is a rule of contracts, That whatsoeuer I cannot lawfully take of my neighbour, I ought not to couenant for it: but I ought not to take gaine of the borrower when he is a looser, and enrich my selfe by his losse, and therefore I ought not to make an absolute couenant for gaine, whether he gaine or loose. But on the other side, it is lawfull sometimes to receiue things voluntarily giuen, which it were vtterly vnlawfull to couenant for beforehand. Many things are honestly receiued, which cannot honestly be demaunded, and much lesse by couenant be exacted. It is lawfull in the commonwealth for priuat men, when p. 249the magistrats hauehave done them justice, and defended them from wrong, in testimonie of their louelove and thankfulnesse to bring them some present: in the church it is lawfull for the ministers hauing beene freely preferred by their patrones, to giuegive them some gratuitie in token of their louelove and thankfulnesse: and it is lawfull for the magistrat and patron to accept of such gratuities, the magistrat hauing intended justice, and not respected rewards; and the patrone hauing regarded nothing else but the discharge of his dutie in preferring a worthie man. But if the magistrat should couenant with the priuat man, to doe him justice for reward, it were the detestable sinne of briberie, and selling of justice: and if the patrone should indent with the minister for reward, it were the sacrilegious sinne of symonie. In like case it is lawfull for a creditour, who hauing intended the helpe of his brother, and not his owne profit, by free loane, to accept from the borrower a gratuitie in testimonie of his louelove and thankfulnesse: but if he should beforehand couenant with him therefore, it were the damnable sinne of vsurie.

And whereas they add, That we may make such a couenant, so we prouide for the borrowers indemnitie: I answere, that the contract of actuall vsurie including an absolute couenant for gaine, prouideth for the lenders certaine gaine, as well out of the borrowers losse, as out of his gaine, which is most vnequall and vnconscionable.

Thus hauehave I prooued vsurie to bee an vnjust and vnequall thing. Whereupon doth follow the proofe of the second point, that it is also an vncharitable thing: for where there is no justice, there can be no charitie. But my meaning is to prooue, that as it is an vnjust and vnequall thing in it selfe, so it is an hurtfull thing to our neighbour. And this I will prooue first in generall. For vsurie, as it is an illiberall, so also an vncharitable lending, not onelyonly peruerting and deprauing, but also euerting and extinguishing that most necessarie act and dutie of charity and p. 250liberalitie, that is to say, free lending: and consequently is most hurtfull and pernicious both to priuat men in particular, and to humane societies in generall. Now this is a principle, That whatsoeuer peruerteth & ouerturneth an act of vertue, especially such a necessarie act to humane societies, it is not onelyonly a vice, but a detestable vice: for nothing is opposit to vertue but vice. As for free lending, it is a commendable act of liberalitie, and a necessary dutie of charitie. There are two acts of liberalitie, dono dare, & mutuo dare, foreign. Basil.to giuegive freely, and to lend freely. And this latter, whereby one man doth supply the necessities of another, is so necessarie, that humane societies cannot stand without it. Vsurie hauing stept into the roume of free lending, you shall heare vsurers and patrons of vsurie not ashamed to say, that commonwealths cannot stand without vsurie: without lending indeed they cannot, but without vsurie they both might and ought. And surely, if lending were taken away, necessitie would driue many men into desperat courses; as the Syriack interpreter vnderstood that speech of our Sauior, Luke 6. 35, Lend, causing no man to despaire.

But vsurie peruerteth and depraueth this necessarie act of liberalitie and charitie, turning it vntounto an act of selfeloue, couetousnesse, and crueltie. 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; vsurie hath made it illiberall and vncharitable, intending the lenders profit chiefely, if not onelyonly, and seeking yea couenanting for the lenders gaine as well out of the losse of the borrower as out of his gain. The propertie of charitie is not to seeke her owne,1. Cor. 13. 5 & 10. 24.1 Cor 13:51 Cor 10:24 but the good of others; and whereas other vertues serue for the good of the subject wherein they are, the acts of charitie and liberalitie are referred to the good of others: Lending therefore being an act of liberalitie and charitie, ought to respect the good of the borrower, if not only, p. 251yet chiefely: but lending by vsurie is made an act of selfeloue, wherein the good of the borrower is sought either not at all, or but in a secondarie respect, as it serueth to further the lenders gaine. For indeed the lender by vsurie couenanteth absolutely for gaine, which happeneth sometimes out of the borrowers losse, and somtimes also out of his gaine, which the vsurer will pretend to seeke and respect, but the truth is, he will neuer look after his neighbours profit, vnlesse therein he may be sure to find his owne gaine.

The vsurers lending therefore is an act of selfeloue, and it is also an act of couetousnesse. For whereas lending proceedeth from one of these three fountains, either from Christian charitie, or from ciuile louelove and humanitie, or from couetousnesse; he is said to lend in Christian charitie, who lendeth for the Lords sake to his needie neighbour, looking for nothing againe; in ciuile charitie or courtesie, who lendeth to pleasure his friend, looking for his owne againe; in couetousnesse who looketh for more than his owne. For indeed, what is foreign, that is, couetousnesse, but an vnlawfull desire of hauing more? If any man object, that by the same reason I condemne all gaine which men doe seeke after by other contracts: I answere, That in the lawfull contracts of negotiation, a man may as well seeke his owne profit as another mans; for therefore they were ordained, that by the mutuall communication of things vponupon equall conditions, both parties might be mutually profited. And moreouer, the gaine which is gotten by them, may well stand with that equalitie which in commutatiue justice is required. But lending was not ordained to be a contract of negotiation, but an act of charitie and liberalitie, wherein the lender should not respect his owne gaine, but the borrowers good; and the gaine which is sought for by lending, doth not nor cannot stand with equalitie and justice, as I hauehave prooued before. Whereas therefore lending was ordained p. 252of God to be a contract, whereby the lender should seeke the good of the borrower, without respect of his owne profit, so far should he be from doing wrong therein; the vsurer hath made lending a contract, wherein he seeketh for his owne gaine not onelyonly vncharitably, without respect of the borrowers either profit or losse; but also vnjustly, seeking gaine where he beares no hazard, and taking another mans goods without his good will.

Lastly, whereas lending is an act of bountie and merciemercy, as the Psalmist sayth,Psal. 37. 26. & 112. 5.Ps 37:26Ps 112:5 A good man is mercifull and lendeth: vsurie hath turned it into an act of inhumanitie and crueltie.foreign For as Basil well sayth, In very deed it is an excesse of inhumanitie, when the borrower wanting necessaries, and seeking to borrow for the comfort of his life, the lender should not content himselfe with the principall, but should out of the want and necessitie of his needie brother seeke gaine and aduantage vntounto himselfe. And therefore as it is said of the good man, that he is mercifull and lendeth: so may it be said of the vsurer, that he is cruell and lendeth. For that which is said of wicked men in generall, may principally be applied to the vsurer, That his very mercies are cruell. For when he would seeme to support a man, he doth supplant him; when he seemeth to cure,Prou. 12. 10.Prov 12:10 he inflicteth a deeper wound; and when he seemeth to hauehave relieued a man, he casteth him into greater want.In Decalog. And therefore Luther doubted not to call the vsurer, a blood sucker of the people. And in the judgement of the wise Cato, Cato interrogatus. Quid faenerari? quid, inquit, hominem occidere? Cic. de off. in fine. Hug. Card.it is no more lawfull to be an vsurer than to be a murtherer. Thus you see how vsury hath peruerted lending, conuerting it from a work of charitie, liberalitie, and merciemercy, into an act of selfeloue, couetousnesse, and crueltie. And for this cause the vsurer is not vnfitly compared by some, to the Magicians of Egypt: for whereas the Lord hath ordained the contract of lending to be as a staffe which the wealthier man is to put into the hands of his neighbour,Leuit. 25. 35.Lev 25:35 to stay and support him when p. 253his hands doe shake, and himselfe doth shrinke vnderunder the burthen of his want, the vsurer hath turned this staffe into a serpent.

But vsurie doth not only corrupt and depraue the dutie of lending, but also extinguish all free loane where it taketh place, drying vp the fountaine of louelove, whose streames were wont to run foorth to the refreshing of others. And it doth not onelyonly harden the heart, and shut vp the hands, and close the bowels of compassion in the vsurers themselues, as wofull experience sheweth; but in others also it hath made the dutie of free lending, to seeme so great a benefit, and of so high a price,Append. in Psal. 15.Ps 15 that as Bucer truly sayth, A man may seeme now adayes to be very impudent, that shall desire to borrow freely: For he that lendeth freely, doth for the most part make this estimation of his benefit, that besides the forbearance of his money, wherewith he doth pleasure the borrower, he doth as much for him besides, as if he gaue him the tenth part of the principall out of his purse. And thus by meanes of vsurie, charitie is frozen among men, and the bowels of compassion shut vp; needie men are driuen vntounto extremities,Luke 6. 35.Luke 6:35 and the wealthier sort depriued of that great reward which is promised to those that lend freely.Deut. 15. 10. & 23. 20.Deut 15:10Deut 23:20

But I will shew more particularly, how vsurie offendeth both against priuat and publicke charitie, as being euer hurtfull and pernicious either to the particular men that doe borrow, or else to the body of the commonwealth, whose common profit is in all contracts especially to be regarded. The partie that taketh vp mony vponupon vsurie, doth either borrow for the supply of his necessitie and want, or else to raise a gaine by the employment of the money to his best aduantage. Hee that imposeth vsurie vponupon him that borroweth for meere necessitie, in stead of helping him increaseth his need, & vnderunder a shew of relieuing him, he seeketh his vndoing: for such a one commonly, the more and the longer he borroweth, the p. 254more vnable he is to pay, and so at length is brought vntounto extreame penurie, vsurie hauing turned all his substance into debt, and eaten him out of house and home. And therefore, though the vsurers sometimes doe vaunt, how kindly they deale with their debtours in forbearing them from yeare to yeare: yet the truth is, the longer they forbeare, the greater is their gaine, and though they deferre the borrowers misery, yet in deferring it, they do increase it: and therefore by some are not vnfitly compared to the greedy cat, which though for a while she plaieth with the silly mouse, yet in the end she will be sure to deuour it. And here I cannot omit that notable speech of the authour of the worke vnfinished vponupon Matthew, Apud Chr…sost. tom 3. homil. 12. in fine.though it be commonly cited by those which write of this argument. Christ therefore (sayth he) commaundeth vsus to lend, but not vponupon vsurie. For he that lendeth vponupon vsurie, at the first sight seemeth to giuegive his owne, but indeed he is so farre from giuing his owne, that he taketh that which is another mans: for he seemeth to relieue a mans necessitie, but indeed casteth him into a greater necessitie. He looseth him of one bond, and binds him with more: neither doth he lend for the righteousnesse of God, but for his owne gaine. For the vsurers money is like the biting of the Aspe; for euen as he which is bitten of the Aspe, goeth to sleepe, as if he were delighted, and through the pleasantnesse of his sleepe dieth: so he which borroweth vponupon vsurie is delighted for a time, as one that had receiued a good turne: and so through the pleasure of the imagined benefit be doth not perceiue how he is taken captiue. For euen as the poyson of the Aspe, secretly conveying it selfe into all the members, corrupteth the whole bodie: so vsurie dispersing it selfe through all the borrowers goods, conuerteth them into debt. And euen as leauen which is put into meale, infecteth the whole lumpe, & drawing it to it selfe, turneth it into the nature of leauen: so when vsurie entreth into any mans house, it draweth all his substance vntounto it, and turneth it into debt. But the patrones of vsurie themselues confesse, that vsurie imposed vponupon a man that borroweth for need, is euer a biting and damnifying of him, and that men ought by the commaundement p. 255of God to lend to such freely: and therefore I shall not need to prooue such vsurie to be vncharitable.

If therefore the borrower taketh vp mony to imploy it to his gaine, it may be, that hauing vsed all his skill, and employed all his industrie in the occupying of it, he shall not be able to gaine so much clearely as will pay the vsurer; but allowing more than all his gaine to the vsurer, and getting nothing but his labour for his pains, and gaining nothing towards his liuing but losse, at length becommeth a bankrupt. And that this also is vncharitable, I shall not need to prooue, seeing the patrones of vsurie themselues allow no vsurie, but that which is part of the borrowers gaine. But suppose the borrower doe gaine, yet notwithstanding the contract of vsurie is neuerthelesse vnequall and vncharitable, because the vsurer couenanteth for certaine gaine out of the borrowers vncertaine traffique, and whether he gaine or loose, whether he sinke or swim, or whatsoeuer become of the principall, whether it be lost by fire, or be taken away by theeues, or miscarrie by any other calamitie, he hauing made an absolute couenant for the restitution of the principall with vsurie, is by vertue of the same to demaund it as well out of the losse of the borrower, as out of his gaine. And therefore although in respect of the euent, the borrower be not bitten or damnified, yet the contract of vsurie is neuerthelesse vnequall and vncharitable. But although vsurie in this case be not hurtfull to the borrower, yet is it very hurtfull to the commonwealth, and especially to the communaltie which payeth this vsurie: for whosoeuer thriueth by occupying money borrowed vponupon vsurie, he hath so pitched the prices of his commodities, as that besides a competent gaine raised for the maintenance of himselfe and his charge, he also hath gathered vp an ouerplus of a tenth part for the vsurer. And thus by vsurie the prices of all commodities are enhaunced, whiles the sellers who borrow vponupon vsurie, if they will thriue, must p. 256needs make the buyers pay two shillings in the pound more than otherwise were sufficient. But you will say, He that borroweth vponupon vsurie, must sell as others doe, which doe not borrow vponupon vsurie; and therefore vsurie is not the cause why the prices of things be raised. I answere, because they which doe borrow vponupon vsurie, must needs sell for so much as they may gaine both for themselues and the vsurers; therfore the rest doe pitch the prices of their commodities accordingly: otherwise they which occupie with money borrowed vponupon vsurie, could neuer thriue: but because somtimes they doe thriue, it is euident, that all of the same trades doe so pitch their prices, as if all did borrow vponupon vsurie.

Thus vsurie cloggeth the commonwealth with a very great and I had almost said an intollerable burthen. For this cannot be doubted of, but that many millions of pounds are put out to vsurie in this land yearely, partly in money borrowed vponupon vsurie, partly in wares taken vp on trust, whether by marchants thēselues, or by retailers from them, or by the particular buyers from the retailers: the vsurie of eueryevery million (which are many) after ten in the hundred, being an hundred thousand pounds. Of which burthen the commonwealth might be eased, if vsurie could be abolished. Wherefore as he which imposeth vsurie vponupon his needie brother, doth cruelly oppresse him; so he which lendeth vponupon vsurie to those which borrow to gaine thereby, with engrossers and forestallers, and such like publicke theeues, he doth his indeuour that the prices of all things may be inhaunced, and maketh himselfe guiltie, as accessarie at the least of publicke theft.

By this which hath beene said, we may easily answere their objections, who alledge first, That by vsurie charitie is not broken, when both the lender and the borrower are gainers. 1For when the contract of mutuation, which the Lord hath ordained to be an act of charitie and liberalitie, is p. 257turned into an act of selfeloue and couetousnesse, it cannot be denied, but that charitie is violated, and liberalitie set to sale. But when out of the vncertaine negotiation of 2the borrower, the lender couenanteth for certaine gaine, and accordingly exacteth his couenanted gaine, as well out of the borrowers losse, as out of his gaine, it must needs be graunted, that vsurie is vncharitable, vnjust, and vnconscionable. But though priuat charitie were not violated, 3yet the publicke is, for when both the lender and borrower be gainers, the commonwealth doth pay the vsurie.

2. And whereas againe they alledge, That many by employment of money borrowed vponupon vsurie, hauehave growne rich: I will not answere with Basil, foreign, that is, but I thinke more (sayth he) hauehave come to the halter; but I thinke more hauehave prooued bankrupts. And although some for a time may seeme to be rich by that which they hauehave borrowed vponupon vsurie, yet vsurie at the length consumeth them and eateth them vp. Neither doth this prosperous …uent of the borrower justifie the contract of vsurie, which couenanteth for gaine not in euentum lucri, but absolutely, and therefore out of his losse as well as out of his gaine. And lastly I adde, that the more the borrower is inriched by this means, the more the commonwealth is damnified.

But besides that hinderance which hath been mentioned, the commonwealth sustaineth many inconueniences by vsurers, as being not only vnprofitable, but also hurtfull members thereof.

For they which liue in idlenesse, and walke inordinatly, gathering wealth by vnlawfull meanes, they are vnprofitable members of the commonwealth, and vnprofitable burthens of the earth. For as in the naturall bodie there is not, so in the body politicke there ought not to be any member which hath not his vse and function seruing for the good of the whole body: But vsurers (I mean p. 258especially such as make a trade of vsury) they liue in idlenesse: for vsurie,Plin. as one well sayth, is quaestuos a segnities, gainefull idlenesse; they walke inordinatly, seeking gain by a trade of sinne, euen as the common theefe or baud doth: for what is an vsurer, but as Bernard sayth, fur legatis, a theefe, which for the hardnesse of mens hearts the laws doe tollerate. The Philosopher matcheth the vsurer with the baud: and to the same purpose obserue the cohaerence, Deut. 23. 18, 19. It is a wonder therefore, that in the hiue as it were of the commonwealth, such drones are suffered, which liue of the sweat, yea blood of other men: who out of other mens labour attaine ease, out of other mens hazard gaine securitie, out of other mens losse reap gaine.

For whereas vsurers desire to be borne with, because they hauehave no other trade to liue by, therein they are most intollerable.In Psal. 128.Ps 128 Heare what Augustine sayth, Audent etiam f…eneratores dicere, Non habeo aliud vnde v…uam, &c. Vsurers also are not afraid to say, I hauehave no other meanes to liue. The same might the robber, the burglar, the baud, and the witch, alledge for themselues: as though this especially were not to be punished in them, that they hauehave chosen to themselues artem nequitiae, an art or trade of wickednesse whereby to liue, and will thereby sustaine themselues, whereby they may offend him, by whom all are sustained. But why will they not follow some other trade of life? because they being giuen to idlenesse, and daring not trust Gods prouidence with their goods, they therfore follow this trade, though neuer so vnjust, because it promiseth them great gaine, without either pains, or cost, or hazard, whereunto other professions are subject. And for this cause againe, vsurie is a great hinderance to the weale publicke, and would be much more, if men could be persuaded of the lawfulnesse thereof. And therefore it cannot truly be denied (though the patrones of vsurie giuegive out the contrarie) but that they doe a very profitable and necessarie seruice to the commonweale, who doe p. 259effectually either speake or write against vsurie. For certainely, if men could be persuaded out of the word of God, that vsurie were lawfull, it would be the vtter decay (as it is already in part) of all honestarts and occupations. For who would toile and moile, who would carke and care, who would beare the charge and hazard of other professions, for an vncertaine and it may be no gaine; who might be assured, that the time, which is the parent of vsurie, as Basil sayth, would bring him in without his labour, without his cost, without his hazard, a very great and certain gaine? For to omit the practises of those vsurers, that know how by an hundred pounds to gaine fortie or fiftie pounds by the yeare; who knoweth not, that mony continually put foorth to vsurie after ten in the hundred, doth in seauen yeares almost double the principall, and in eueryevery seauen yeares double the former summe. So that 1000 pounds let out after this rate from three months to three months, ariseth in seuen yeares to almost 2000, in 14 yeares to 4000, in 21 years to 8000, in 28 to 16000, in 35 to 32000, in 42 to 64000, in 49 to 128000, in 56 to 256000 pounds in 63 to 512000, in 70 yeares to more than a million, and that is ten hundred thousand pounds. Who would not sel his lands and goods and all that he can spare to raise a stocke of money, that thereout he might by vsurie reape so great and so certaine a gaine, if once in his conscience he were assured, that vsurie is lawfull? Yea husbandrie it selfe (from which through the blessing of God there doth arise many times so great increase)Exod. 2.Exod 2 would be in smal request,Haec vbi loc…tus foenerator Alphius, if vsurie might be esteemed as lawfull as it. Alphius the vsurer, in Horace, hauing recounted all the commendations of the country life, and seeming for the time to be rauished therewith,I am i am futurus rusticus, Omnem relegit idibus pecuniā: Quaerit calendis ponere. resolued straightwayes to be a countreyman: and hauing to that end gathered vp his money in the ides of one month, he seeketh to put it forth to vsurie in the beginning of the next. Hence it is, that gentlemen when they can scarce raise an hundred pounds p. 260a yeare for their lands without racking their rents; are so readie to sell them, and hauing put the price thereof to vsury (perhaps for three or foure hundred pounds a yeare) giuegive ouer hospitalitie and betake themselues to some priuat house in a citie, where they may liue priuatly at small charge, as though they were borne for themselues alone. Hence also it is that tradesmen hauing once gotten a good stocke, giuegive ouer their trade and traffique, and giuegive themselues wholly to vsurie. And the rest whose stocks are not great, do follow traffique, but so as either they borrow money of the wealther vponupon vsurie to traffique withall, or else take vp their wares on trust at an high rate, and sell them againe for time at an higher price to such as do retaile, and they lastly do vtter them to particuler men at an excessiue rate. And therefore hence proceedeth in part the deernesse of all things, as I hauehave shewed before.

Again, there is such inequalitie in vsurie that many men being consumed therby, the wealth of the country where it is cōmonly practised, commeth into the hands of a few. Now polititians hauehave obserued,Bodin de rep. lib. 5. ca. 2. that nothing is more dangerous for the conuersion or euersion of kingdomes, than the great wealth of a few, and the great want of the most; and that is no way so much effected as by vsurie. And therefore the enriching of a few by the impouerishing of many, through vsurie, hath bene (as the histories of all ages do testifie) an vsuall occasion of raising seditions and ciuile contentions in common weales, when the feare of God hath not cōtained men within their bounds, as it alwayes ought to do. …ane vetus vrbi foenebre malum, & seditionum discordiarumque creberrima causa, Vsurie, saith Tacitus, hath bene an old mischife to the citie of Rome,Anal. lib. 6. and the most frequent cause of seditions and ciuile discords. In all cities,In Esay 58.Isa 58 saith Ierome, it is the greatest cause of sedition. It is manifest,Lib de difinit. appellat. saith Phil. Melancthon, that by reason of the inequalitie which is in vsurie, the greatest part of men p. 261where it is vsed are impouerished, and that for the same cause seditions hauehave often bene raised in kingdomes. A spice whereof we may see, Nehem. 5.

And yet these are not all the mischiefes which come to the common wealth by vsurie: for ouer and besides all these, it pulleth downe the fearefull judgements of God vponupon that country wherein it being publickly allowed, is vsually and openly practised; as appeareth by that destruction threatned against Ierusalem for this sinne, Ezek. 22. 12, 13. Thou hast taken vsuri… and increase, and hast gained from thy nei…ghbour by deceit, and hast forgotten me, saith the Lord God, wherefore behold I clap my hands because of thy gaine, that is, (as appeareth out of the former chapter) I will,Ezee. 21. 14. 17. as it were by clapping of hands, set other nations vponupon thee to ouercome thee, &c.

Wherefore wise men when they hauehave considered not onelyonly the wrong which is done to particuler men, but also the manifold inconueniences and mischiefes which come to the common wealth by vsurie, they hauehave confidētly affirmed, that vsurers are worse than other theeues, and that it were better for the common wealth that there should be a thousand theeues in it, than an hundred vsurers. For the further proofe whereof, I referre you to the writings of that worthie Bishop Iewell vponupon 1. Thes. 4. 6.Chrysost. Yea some hauehave not doubted to say, that the vsurer is to be esteemed as a common enemie to all men. Luther saith, An vsurer is a blood-sucker of the people:In decalog. & as a worme in an apple or nut consumeth all that is within, so an vsurer deuoureth the substance of the cittie by wonderfull and secret meanes.

Now if any man shall object that notwithstanding all that hath bene said, vsurie may seeme profitable and necessarie vntounto common wealthes, because the lawes of all common wealthes hauehave allowed the practise thereof. I answer, first, that seldome or neuer hauehave the lawes of any countries allowed of vsurie: But euer the Lawgiuers p. 262when they saw any hope of abolishing it altogether, hauehave wholly condemned it: or if the couetousnesse and hardnesse of mens hearts would not suffer them to conceiue any such hope, they hauehave laboured to restraine it onelyonly, and to keepe it within some compasse, that it should not be ouer-burdensome either to the borrowers or to the common wealth. Among others, Solon, Lycurgus, and Plato in his booke of Lawes, hauehave wholly forbidden it. The ancient Romans who are renowmed for wisedome and politicke justice,Taci…. annal. lib. 6. first stinted vsurie at one in the hundred, and by the lawes of the twelue Tables ordained that if any vsurer should take aboue one in the hundred,Duodecim tabulis sanctum ne quis vnciario faenore amplius exerceret. De re rustica. he should be punished fourefold; whereas a theefe by the same lawes was to be punished but twofold. Whereby you may gather, saith Cato, how much they esteemed an vsurer to be a worse common-wealths man than a theefe. Within one hundred and three yeares after (as Bodin hath obserued) and that Duilia rogatione, it was reduced, ad semuncias, Semunciarium foenus.saith Tacitus, that is, to halfe a pound in an hundred; and the next yeare after, that also was abolished, Genucia rogatione, Bodin ex Liu. lib. 7.saith Bodin, whereby it was enacted, Ne vllo modo foenerari liceret, that it should not be lawfull at all to lend vponupon vsurie, as Alexander ab Alexandro reporteth. Afterwards when vsurie grew to an head again, it was sometimes stinted at six, and sometimes at foure in the hundred, and sometimes altogether prohibited. At length Iustinian so accommodated the limitation of vsurie to the diuerse estates and conditions of men,…od. lib. 4. tit. 32 lib. 26. that to them which could better forbeare their money, lesse vsurie should bee permitted, and to them which could worse forbeare it, more. To Noblemen therefore and Gentlemen who vse not to occupie their mony for gaine, he permitted Trientes, that is, foure in the hundred: To merchants and tradsemen, who liue by the imployment of money in negotiation, he permitted besses, that is, eight in the hundred: And to all other men semisses, that is, six in p. 263the hundred: And in traiectitijs pecunijs, that is, in money sent beyond sea at the creditors perill, and in two other cases, he granted centesimas, that is, twelue in the hundred. But in these latter times the ciuile Law hath beene corrected according to the canon Law: For in the Diet held at Augusta by Charles the fift, all vsurie is condemned; and in steed thereof a contract of buying rents after fiue in the hundred (which is after twentie yeares purchase) allowed, with a couenant of releasing or selling backe the same, when the seller shall tender the principall. And not the Popes onelyonly by their canon law, but euen Ma…omet also in his Alcoron hath forbidden all vsurie.Azoara. 4. vid. centur. 7. Magdeburg.

But forasmuch as some patrons of vsurie hauehave taught, that a Christian man may with a good conscience take so much vsurie as the lawes of the countrey wherein he dwelleth do permit, and withall confesse that he cannot with a good conscience take aboue that rate which is limited by the lawes; it behoueth vsus therefore to enquire what our lawes hauehave determined concerning vsurie. And to omit the lawes of former times wherein vsurie hath bene sometimes restrained and stinted, as in the time of Henry the eight; sometimes altogether forbidden, as in the time of Edward the sixt; and to come to those lawes which now are in force, which are as concerning this matter and other criminall causes, of two sorts: the canon Law, wherein it is not disagreeable to the word of God; and the penall statute made in the 13 yeare of Queene Elizabeth. The canons of the ancient councels do wholly and absolutly forbid and condemne all vsurie, and the ancient Bishops of Rome were of the same judgement, but as I noted before, and as Bodin also hath obserued, the latter Bishops de via deflexerunt, are turned out of the way: For although according to the rest of their Antichristian hypocrisie they do in word and in shew condemne all vsury, permitting not so much as Christian buriall to him that dieth an vsurer; yet indeed they hauehave allowed, yea as p. 264Bodin saith,Etrau. com. Calisti. 3. & Martini 5. de emptione & venditione cap. 1. & 2. brought in a contract of redeeming rents which as it is practised by their leaue and allowance, is worse than the vsurie allowed any where else. But as in other things so in this point, where the Canon law swarueth from the word of God we do forsake it, and where it agreeth therewith, we embrace it.

And as touching the statute made in the thirteenth yeare of Queene Elizabeth, howsoeuer the most (looking to the practise of vsurers and conniuencie of magistrats, and not to the act of Parliament it selfe)Anno 13. Eliza. cap. 8. do imagine that vsurie, after the rate of ten in the hundred, is thereby allowed; yet the truth is, that it is not so much as permitted thereby. Not allowed: for it is an act against vsurie as being a sinne, yea and a detestable sinne, as the statute it selfe doth call it: wherein also it is acknowledged, that all vsurie is forbidded by the Law of God. Not permitted: for as all vsurie aboue ten in the hundred, is thereby to be punished with the forfeiture of the triple value of the principall: so all vsurie, whether it be after the rate of ten in the hundred, or vnderunder, though it were but of one in the hundred, is to be punished with the forfeiture of the vsurie or increase. From hence therefore the argument of the patrons of vsurie in England, may easily be returned vponupon themselues: So much vsurie and no more, say they, may with good conscience be taken, as the laws of the land do allow and permit. But now say I, the laws of the land do not allow, no nor yet permit ten, nor fiue, nor yet one in the hundred; therefore in England a man cannot with a good conscience take after ten, nor fiue, nor yet one in the hundred.

But suppose that humane lawes did permit vsurie, as our statute doth in the case of orphanes only, doth not the permission sufficiently argue the thing in it selfe to bee euill? and if the thing be euill in it selfe, can the permission justifie the practise of it before God? No, the law of man may cleere thee from ciuile penalties in the outward p. 265court, and before the magistrat: but it cannot cleere thee from the guilt of sin in the court of conscience, and from the penalties that are due to the same by the morall law of God. Neither is the law of man, but the law of God, the rule of thy conscience: and therefore though man had nothing to punish in thee for thy vsurie, yet the Lord hath more than ynough to condemne thee for the same.

But you will say, May humane lawes permit such things as be euill? For answer, I will set downe the true and learned sentence of reuerend Beza in his Annotations vponupon Mathew, Chapter 19. verse 8. The morall law (saith he) because it respecteth the conscience, it simply commaundeth good things and forbiddeth euill: But ciuile lawes, if they be well ordained, they do indeed commaund nothing which God hath forbidden, and they forbid nothing that God hath commaunded, but by the wickednesse of men they are forced onelyonly to moderat many things which they cannot wholly abolish: and these are the things which are sayd to be permitted by lawes. As for example, Christian charitie forbiddeth to lend vponupon vsurie: notwithstanding many magistrats do see that in respect of traffique and dealings among men, they cannot simply forbid vsurie. Therefore (which is the onelyonly thing which remaineth for them to do) they stint vsurie. But may a man therefore with a good conscience lend vponupon vsurie? No surely: For the rule of our conscience is to be fetched not from the ciuile lawes of men, but from the word of God. Nay the ciuile lawes themselues doe not allow, but rather condemne that which they doe onelyonly tolerat, forced thereto by the wickednesse of men. Thus also the Lord by Moses making ciuile lawes, doth not commaund diuorces (for so he should hauehave bene contrarie to himselfe) but to such as could not bee got to retaine their wiues, hee commaunded them to giuegive their wiues a bill of diuorcement, that prouision might be made for them against their husbands crueltie: and yet for all that, they which put away their wiues ceassed not to be adulterers before God. So say I againe, The lawes of men do not commaund nor allow vsurie: (For so should they be contrarie to the lawes of God) and yet p. 266to them who cannot be got to lend freely, they permit to lend vponupon vsurie, so as they do not exceed such a stint; that prouision might be made for men that be in need, both that they might borrow, and also that when they must needs borrow, they should not be too much oppre…ed. And yet for all this, as he was an adulterer that put away his wife vnlesse it were for the crime of adulterie, as our Sauior there proueth;Mat. 19. 8.Matt 19:8 so is he guiltie of theft before God, who practiseth vsurie though it be permitted by men. But as I sayd, our law doth not permit vsury as men commonly imagine, but is as well contriued (considering the iniquitie of the times) as could almost be wished. OnelyOnly these two things I desire may be now considered of in parliament; First, whether it were not more behoofefull for the common weale, if vsurie were stinted at six rather than at ten in the hundred; or rather that all vsurie being forbidden, men should be allowed to vse in steed thereof, the contract of redemption, in that manner which before I approued, buying a rent after fiue, as in Germanie; or (because of our greater vse of money in traffique by reason of our more commodious nauigation) after six in the hundred, or more, if more be thought more equall, with a couenant of redemption in the behalfe of the borrower, or rather seller, if he desire it. For first it may seeme vnreasonable, that wheras of an hundred pounds worth of land (which is fruitfull by nature) a man can hardly raise a rent of fiue or six pounds a yeare; an hundred pounds in money which hath in it selfe no fruitfull vse, should without his paines, cost, or hazard, yeeld him ten pounds a yeare. Secondly, it would in mine opinion be a notable meanes to diminish the number of vsurers, and also to ease both the borrowers in particuler of oppression, and the common wealth in generall of that great burden of vsurie whereof I spake before. And thirdly, it would be a meanes to preuent both the vsuall committing of this p. 267sinne, and also the punishment which God hath threatned for the same.

The second thing which I desire may be considered of, is, the permission of vsurie in the behalfe of orphanes. For if it be simply euill, it cannot bee good in them, neither can the respect had of them make it good in others. And it is a principle in Diuinitie,Rom. 3. 8.Rom 3:8 Euill may not be done, that good may come thereof. Augustine giueth this charge (which afterwards was placed among the canons of the law) That men should not lend vponupon vsurie,De verb. domi. homil. 35. though they would giuegive that which is gotten by vsurie as almes to the poore.Caus. 14. 9. 5. And Chrysostome, when some made this excuse, I lent indeed vponupon vsurie, In Matth. homil. 57.but that which I gained thereby I gaue to the poore: he sayth plainely, that God doth not accept such sacrifices: and addeth, that it were better not to giuegive to the poore, than so to giuegive. It is a good rule in the Canon law, if one cannot be relieued without another be hurt, it were better neither should be holpen, than either wronged. Charitie as it rejoyceth in the truth, so also in justice: and therefore whatsoeuer is vnjust and against the law of God, it cannot be charitable. Neither doth charitie require, that I should sinne to do another man good, or to cast away my soule by sinne, though it were to saue another mans life. For he that shall be saued, doth not put forth his money to vsurie: and he that doth,Psal. 15.Ps 15 shall he liue saith the Lord?Ezek. 18.Ezek 18 he shall not liue, but he shal die the death. Wherefore vsurie being simply euill, and generally forbidden in the word of God, it cannot in any case be exercised with a good conscience.

You will say then, What shall become of Orphanes, if they may not be maintained with the increase of their stocke, but be forced to liue vponupon their stocke, and so to spend it?

Answer. You might better aske, what shall become of those Orphanes who hauehave no stocke: for whom notwithstanding the Lord doth graciously prouide, according p. 268to his mercifull promises. I answer therefore that orphanes and widowes hauehave a notable priuiledge of diuerse gracious promises peculiarly made to them:Psal 68. 5, & 14. 6, 7.Ps 68:5Ps 14:6Ps 14:7 Let them therfore,…er. 49. 11. or their friends for them, depend vponupon the gracious prouidence and promises of God, in the vse of lawfull meanes: Let them either imploy their goods in some honest trade or negotiation, wherein they hauehave as good cause to expect a blessing from God, as any other; or let them deale by partnership: or if other meanes faile, let annuities be bought for their liues, or lands, or rents purchased for euer, or let some other honest course be tataken which wise men can easily deuise, if they list, how orphanes may be maintained, without impairing of their stocke,

Againe, if any man to make good the former objection concerning the profitablenesse of vsurie to common weales,Molin. shall alledge (as some hauehave done) that the ciuile law alloweth thereof, and doth not onelyonly permit, but authorise vsurie according to the rates aforesaid. I answer, that by the law it selfe it euidently appeareth, that it doth not allow it as good, but permit it as euill, for the auoiding of greater inconueniences; and permit it with a threefold restraint. The first, in respect of the quantitie: for the law stinteth the merchants vsurie at eight, the gentlemens and noblemens vsurie at foure, and the vsury of other men at six in the hundred. The second restraint is in respect of the continuance: For the ciuile law prouideth that when the vsurie which in the continuance of the loane hath bene paid already, doth amount to as great a summe as the principall it selfe, that then it shall ceasse, and whatsoeuer is paid afterwards should be reckoned in the principall: As for example, ten in the hundred do match the principall in ten yeares, after which time no more vse is to be payd: or if any be payd, it is to be abated in the principall. The third restraint is in respect of the compound vsurie, which is called vsurie of vsurie; for p. 269that is absolutely forbidden by the ciuile law. Which two latter restraints doe also prooue, that vsurie by the ciuile law is judged a thing euill in it selfe. For if vsurie of ten in the hundred be lawfull for ten years together, why not for the eleuenth and twelfth, &c. the principall being still forborne? and if the vsurie of the principall be lawfull the first yeare, why is not that vsurie of the vsurie being lent to the same man the second yeare, as lawfull as if it were lent to another man?

But whatsoeuer other lawgiuers hauehave judged of vsurie, it is plaine, that the Lord, who is the supreme, and in respect of the conscience, the onelyonly lawgiuer, condemneth all vsurie by his law morall; neither by his judiciall law permitted the same to be exercised by the subjects of that commonwealth which he ordained, among themselues. And therfore it cannot without contumelie against the wisedome of God be affirmed, that a commonwealth cannot well stand without vsurie; especially considering that the holy ghost hath made the vsuall practise of vsurie countenanced by the state, a note of a corrupt state. For so the seuentie interpreters,Psal. 55. 11.Ps 55:11 Psa. 55. 11, for the Hebrew Toc read foreign, which as some thinke is deriued thence, and the auncient writers doe read the place thus, Vsurie and deceit depart not from her streets.Ezck. 22. 12. And the Prophet Ezechiel, chap. 22. 12, among other enormities, or as he calleth them abhominations of the citie Ierusalem, he reckoneth this for one, Thou hast taken vsurie and increase. And contrariwise, among the notes of a good gouernour this is mentioned, Psal. 72. 14, That he should free his subjects from vsurie, (for so againe the auncient interpreters doe read) and violence: a notable example whereof we hauehave in Nehemias that godly magistrat, chap. 5. And hereunto we may adde the judgement of that notable Historiographer and wise Polititian Cornelius Tacitus, Lib. 6. annal.who, as he judgeth vsurie to be a mischiefe to the commonwealth, so he noteth, that it was repressed in the auncient commonwealth p. 270of the Romanes, when their manners were farthest from corruption.In Ezek. 18.Ezek 18 And to conclude, Caluin himselfe is of this judgement, that an vsurer ought not to be suffered in a well ordered commonwealth.

And thus you hauehave heard how vsurie offendeth against our neighbour, as being both vnjust and vncharitable. Now let vsus briefely consider how the vsurer sinneth against God, not only mediatly by vnjustice and vncharitablenesse, but also immediatly by impietie and vngodlinesse.

For first seeing the practise of vsurie cannot stand with the true feare of God, as may be gathered out of that opposition,Leuit. 25. 36.Lev 25:36 Leuit. 25. 36, Thou shalt take no vsurie of thy needy brother, nor increase, but thou shalt feare thy God: it is euident therefore, that they which take vsurie of them which borrow for need, do not walke in the feare of God,Nehem. 5. 9.Neh 5:9 as Nehemias telleth the vsurers of his time.

Secondly, the vsurer sinneth against God by disobedience and contempt: for he disobeyeth the commaundements of God, straightly commaunding free loane, and sharply forbidding vsurie, and contemneth the threatenings of God denounced against the same.

Thirdly, by infidelitie, in not belieuing the gracious promises of God made to those who lend freely: For as Chrysostome hath well said, foreign, Vsurie is the off-spring of infidelitie. And therefore, whereas the Lord hath promised to such, that they shall be the children of the most high,Luke 6. 35.Luke 6:35 that they shall be blessed, and receiue great reward at his hands;Deut. 15. & 25. 20.Deut 15 those that will not beleeue these promises, are to feare, that they are not the children of God, and that in stead of that blessing and reward promised, there remaineth to them the fearfull curse of God, and condemnation.

Fourthly, by diffidence, ending commonly in prophanenesse. For the Lord would hauehave our faith concerning spirituall blessings in heauenly things, to be exercised p. 271and confirmed by our affiance reposed in his goodnesse for temporall blessings in earthly things, as may be gathered by the order of the fourth and fifth petitions of the Lords prayer. For if we cannot find in our hearts to depend vponupon the goodnesse of God for these vile and transitorie things; how can we persuade our selues, that we truly beleeue in him concerning the forgiuenesse of our sinnes, and eternall life? The Lord therefore would hauehave vsus, whether we want meanes, or whether we hauehave them, as well in the vse of meanes as in the want of them, to depend vponupon his prouidence, and to cast our care vponupon him. If he lay a crosse vponupon vsus, or seeme to depriue vsus of our goods, it is his good pleasure that we should flie vntounto him by prayer: if he vouchsafe to blesse vsus, thankes are to be giuen vntounto him, as to the authour of all good things. In a word, in all estates it behooueth a true Christian to walke with God, and to hauehave dayly recourse to him.

But the vsurers whole endeauour is to settle himselfe and his estate as it were out of the gunshot of Gods prouidence: he will not deale by husbandrie or traffique, because of the hazards whereunto either of both is subject; that is to say, because of his diffidence in God, to whose prouidence he dare not trust his goods: and therefore he will make sure worke for himselfe, that he shall not need to stand to Gods courtesie. The practise of vsurie shall be as a tower of Babel vntounto him, that whether God doe blesse the traffique of men, or not, or whether it goe well or ill with husbandrie, he will be sure both of his principall and of his gaine. All is one to him, whether the marchants gaine or loose, sinke or swim, whether there be famine or plentie, faire weather or foule, he feareth no flouds. He looketh not vp to heauen with the good husbandman or godly marchant, either to craue the blessing of God vponupon his labours, or to returne thankes for the same: but is so wholly addicted to the earth and to his p. 272vsurious cogitations, that he is seldome seen to looke vp: insomuch, that many times by his very looke and gate an vsurer may be discerned. In a word, his chiefe indeauour is, that in respect of worldly things he may hauehave nothing to doe with God: and so at length of a faithlesse man he becommeth also prophane, hauing forgotten God, as for this sinne the Lord chargeth Ierusalem,Ezek. 22. 12.Ezek 22:12 Ezech. 22. 12: neither is God,Psal. 10. 4.Ps 10:4 I meane the true God, in all his thoughts. For his God Mammon doth wholly possesse his heart: 5and therefore hee sinneth also by idolatrie. For seeing the root of vsurie is couetousnesse (which is the root of all euill) it cannot be denied, but that eueryevery vsurer is couetous: And eueryevery couetous man is an idolater, Eph. 5. 5. and a seruitour of Mammon, Mat. 6. 24, and therefore no true seruant of the Lord. Now you must remember, that for couetous persons and idolaters,1. Cor. 6. 9, 10.1 Cor 6:91 Cor 6:10 there is no inheritance in heauen.

And therefore the vsurer as he sinneth against God by manifold impietie, so also against himselfe by desperat folly. For as eueryevery notorious malefactor may truly be said to cast away himselfe, and is guiltie of selfe-murther, as it is said of Korah and his complices,Num. 16. 38.Num 16:38 Num. 16. 38: so the vsurer likewise pulleth vponupon himselfe the fearfull judgements of God, and is guiltie of his owne ouerthrow. For the Lord hath threatened not onelyonly the translation of their goods from them in this world,Prou. 28. 8.Prov 28:8 Prou. 28. 8, but also as touching the world to come, that they shall not dwell in the mountaine of Gods holinesse (as may be gathered out of this Psalme) but that they shall die the death (meaning thereby the death of the soule:) and that you may know to whom the cause of the vsurers damnation is to be imputed,Ezek. 18. 13.Ezek 18:13 it is added, and his bloud shall be vponupon him. And that is it which Leo sayth,De Ieiun. 10. mensis serm. 6. Foenus pecuniae funus est animae, The gaine of vsurie is the graue of the soule.

Wherefore what extreame folly and desperat madnesse is this, for the vsurie, that is, as it were, the tenths of p. 273thine owne money, to cast away thy soule, which thou oughtest not to hazard for the gaine of the whole world. For as our Sauior sayth, What will it profit a man though he should gaine the whole world, if he loose his owne soule?Mark. 8. 36.Mark 8:36 Mar. 8. 36.

To these arguments I might adde if it were needfull, the testimonies of all wise and learned men who hauehave liued vntill our age: for first, the Philosophers, though heathens, hauehave written and spoken against it: the fathers of the church hauehave with one consent condemned it euen to the pit of hell: the Christian councels hauehave seuerely censured it: the schoolemen, though corrupt in many other things, yet herein they retaine the doctrine of the primitiue Church: the godly learned diuines of this age, and namely of this our Church, doe for the most part inueigh against it: those few among vsus that seeme to defend …surie, doe in substance differ little from the rest, erring especially in this, that vnderunder the odious name of vsurie they defend and maintaine a lawfull contract of partnership, as I hauehave shewed before. And because the judgements of those learned men, who seeme not to condemne all vsurie, are of such force with vsurers, that they seeme to build their practise vponupon their authoritie; I will also take this hold from them, and out of their writings manifestly demonstrate before their eies, that the vsurie which is practised in the world, is not allowed of any godly diuine.

For first, though they thinke a man may now and then lend vponupon vsurie, such cautions obserued as they prescribe, yet they hold it to be vtterly vnlawfull for a man to be an vsurer, or to make a trade of it. Now whereas they doe not denie, but that a man may make a trade of gaining by any honest or lawfull contract, this euidently sheweth, that euen out of their assertions it may be prooued, that vsurie is not a lawfull contract. Quisquis ex professo foeneratur (sayth Caluin) …. in Eze. 18.Ezek 18ille omnino debet ab hominum consortio p. 274reijci. Whosoeuer is a professed vsurer, he ought to be excluded out of all humane societie. And againe, an vsurer ought not to be suffered in the Church of God.

Secondly, they absolutly condemne vsurie of vsurie, which in it selfe is no more vnlawfull than vsurie of the principall. Vsura vsurarum iudicio bonorum omnium etiam apud infideles damnata semper & infamis fuit. Iun. in Leuit.

The conditions whereby they circumscribe vsurie, are these and such like.

As first, That it be not required of them, who being in want, doe borrow for the supply of their necessitie; but onelyonly of those who borrow mony to make a gaine thereof: And that their lending to such, doe not hinder them from free lending to those which would borrow for need.

2. That they require not gaine of him which borroweth for gaine, vnlesse he be a gainer. And therefore they define that vsurie which they allow, to be part of the borrowers gaine, and but such a part as the borrower may liue of the rest.

3. That he which lendeth for gaine, must not onelyonly require no gaine, but also must be content to beare part of the borrowers losse, if without his owne default he prooue a looser.

4. That the end of this lending must bee charitie, wherby the lender is bound to seeke the borrowers good rather than his owne.

5. That in this contract he respect the good not only of the borrower, but also of the commonwealth: and therefore that he require not so much gaine as the partie cannot raise by lawfull meanes.

6. That this lending be agreeable to naturall equity, which is to be judged of not by mens practise, but by the word of God.

7. That it be contained within those limits which the laws of eueryevery countrey concerning vsurie do appoint.

p. 275These cautions men must obserue, or else they may not build their practise vponupon the authoritie of godly learned men; who hauehave by these and such like conditions so qualified vsurie, as that where they be obserued, there is no vsurie, or at least no actuall vsurie committed.

And because the authoritie of that excellent instrument of God, I. Caluin, is much pretended for the defence of vsurie, I will therefore shew you briefely, how little encouragement vsurers can truly receiue from him.Resp…n. de vsur. He sayth it is more than a rare thing, that the same man shold be an vsurer and an honest man. Nay, he sayth,In Ezek. 18.Ezek 18 That an vsurer is euer a theefe and a robber: and although hee sayth, it may happen sometimes, that a man may in some case take vsurie, and cannot precisely bee condemned therefore, yet he setteth downe this assertion: But we must alwayes hold it to be a thing scarcely possible, that he which taketh vsurie, should not wrong his brother. And therefore it were to be wished, that the very name of vsurie were buried and vtterly blotted out of the memorie of men. Resp. de vsur.And in another place, It were to be wished (sayth he) that all vsurie, yea and the name of it were banished out of the world.

Hauing thus by testimonies of scripture and by other arguments and testimonies prooued vsurie to be vnlawfull, it now remaineth, that for the better satisfying of the reader, I should answere such arguments as are made in defence of vsurie.

But that you may not thinke, that the patrons of vsurie doe promiscuously defend all vsurie, therefore they circumscribe that vsurie which they allow with these conditions: first, That it be moderat; secondly, That it be not required of the poore and needie; thirdly, That it be not hurtfull to the borrower. Where, by the way we are to obserue, that no man of vnderstanding goeth about to justifie that vsurie which is commonly practised in the world: in which, being immoderat for the most part, though it be but after ten in the hundred, there is seldome p. 276or neuer any thing else looked after but the lenders securitie, without respect, whether the borrower be wealthie or needie, or whether he shall gaine or loose thereby.

But let vsus examine these three conditions seuerally: for as touching the first, whereas I hauehave prooued before, that eueryevery ouerplus or gaine required for loane, is that vsurie which is condemned in the Scriptures, and that it is a thing in it selfe simply euill and vnlawfull, therefore I say with learned Chemnicius, The schoolemen say, Vsura est peccatum non solum in se, sed etiam secundum se, & ideo ex nulla circumstantia bene potest fieri. Sum. Angel.That when men make question of moderat vsurie, whether that be lawfull, or not, they might as wel make question, whether moderat adulterie, or moderat lying, or moderat theft is lawfull: for as adulterie, as lying, as theft are things in themselues simply euill and vnlawfull, and therefore cannot well bee done, so is vsurie, as I hauehave prooued. It is a good saying and a true of D. Wilson in his booke of vsurie, That there is no meane in this vice, more than is in murther, theft, or whoredome: and as the stealing of one penny is theft, so is the least vsurie, though it be but of a penny.

And as touching the second, whereas they allow moderat vsurie taken of the wealthie: I answere (as before) That if God in his word had made this difference of vsurie in respect of the poore and the rich, as he doth in respect of the Israelite and the Canaanite, To the poore thou shalt not lend vponupon vsurie, but to the rich thou mayest; their practise had beene justifiable, who require vsurie of the rich: but the Lord in diuerse places of the Scripture in generall tearmes absolutely condemneth all vsurie, as I hauehave shewed. And therefore, if because in the prohibition of vsurie in one or two places there is mention made of the poore, we may inferre, that therefore vsurie is lawfull towards the rich; by the same reason the most notorious sinnes against the sixth and eighth commaundements may be justified, if they be not committed against the poore and helpelesse, because in the prohibition of those sinnes, there is expresse mention made in p. 277diuerse places, of the poore, the fatherlesse, the widdow, the stranger, and such others as are helpelesse. And therfore when the holy Ghost saith, Prou. 22. 22, Rob not the poore because he is poore; the robber might by the same reason justifie his robbing of the rich.

And lastly whereas they allow vsurie, so it be not joyned with the hurt of the borrower: I answer, that by the same reason they may justifie the officious lye which is vttered to helpe and not to hurt the neighbour. But charitie as it rejoyceth in the truth, so also in justice; and as a lye, so also vsurie is euer opposed to charitie, if not as an hurtfull thing to our neighbour, yet as an vnjust thing in it selfe. And it is a rule in Diuinitie,Rom. 3. 8.Rom 3:8 That we may not do euill, that good may come thereof: and therefore vsury though it were not hurtfull, yet were it vnlawfull. But as it is vnlawfull in it selfe, so is it euer hurtfull, if not to the borrower in particuler (as most commonly it is, in the judgement of Caluin) yet (as I hauehave before shewed) to the common weale, which is worse. Besides in the contract of vsurie there is an absolut couenant for gaine: and therefore no prouision made for the borrowers indemnitie, seeing by the very contract of vsurie, the same gaine is to be required out of the borrowers losse as well as out of his gaine. Whereas therefore they say, vsurie is to be allowed, when prouision is made that the borrower shall not be hurt or damnified thereby: it is all one as if they had sayd, that vsurie is then to be allowed, when it is no vsurie.

But let vsus consider their reasons, which are of three sorts, viz. proofes out of the Scripture, with other arguments and testimonies.

Their proofes out of the Scriptures are these. First the example of Ioseph, Ge. 47. which I hauehave heretofore shewed to hauehave none affinitie with vsurie.

Secondly, out of Deut. 15. 1, 2, 3, 4, the author of the aforesayd English Treatise would prooue, that in the seuenth p. 278yeare of freedome the rich debtor was by the appointment of the Lord himselfe to pay his debt with the vsurie thereof, though the poore were exempted from payments of debts that yeare: for so it is sayd vers. 4. Saue when there shall be no poore with thee: as if the Lord bad said (saith he) prouided alwayes that thy rich debtor shall hauehave no such priuiledge, &c. And how is this proued? Forsooth because the word Masshah which (as he saith) signifieth vsurie, and the verbe Nashah which signifieth to lend vponupon vsurie, are there vsed. But I aunswere, that Masshah in no place of Scripture signifieth vsurie, and in that place signifieth a debt which the creditor lendeth with purpose to exact againe: but there the Lord taketh order that it should not be exacted in the seuenth yeare. And Nashah in this place as appeareth by the text it selfe, and by the consent of all writers, signifieth onelyonly to lend with purpose to exact againe that which is lent. For otherwise the Lord should allow the lending vponupon vsurie to the poore, and the exacting of it also, so it were not in the seuenth yeare. But that author absolutly condemneth all vsurie towards the poore: yea he affirmeth (though without reason) that the exacting of the principall alone from the poore is vsurie. But of the signification of these words I hauehave sufficiently spoken before. As for the prouiso which (as he saith) followeth, vers. 4, it appeareth by the reason following, that it is not an exception of the rich,Quicquid fit, ne patiamini vestra culpa quenquam esse inter vos mendicum. Calu. for the Lord shall blesse thee, &c for the words as Iunius readeth, and Caluin expoundeth them, are thus to be red, Only because thy brother ought not by thy meanes to become poore, or be impouerished, and therefore are a reason of that law of remission. For seeing in that yeare of Sabbath the ground was to rest, and men had not the meanes of raising profits whereby to pay their debts as in other years; therefore if the creditors should that yeare hauehave exacted their debts, they would hauehave brought many to beggerie: for the preuention whereof, the Lord saith he instituted p. 279this law concerning the remission of debts in that yeare of freedome. And that the creditors should not alledge for themselues, that they should be vnable to forbeare their money so long; the Lord addeth another reason, being a promise, That if they kept that & other his commandements hee would blesse them in the land,Verse 4, 5, 6. and so blesse them, that they should be able to lend to many nations, and should not need to borrow of them. So that in conclusion, this being not an exceprion of the rich, and the word Masshah not signifying vsurie, there is no shew of reason in this allegation.

Thirdly, no more is there in the next out of Pro. 22. 16, which notwithstanding the same author commendeth as a notable place to proue that the rich ought to giuegive interest or increase. He that oppresseth the poore (saith Salomon) to increase himselfe, and giueth to the rich, shall surely come to pouertie: whence he inferreth these consequences: First, that it is as great a fault to giuegive or lend freely to the rich, as to oppresse the poore by taking vsurie of them, because the same punishment, Viz. pou…rtie, is awarded to both. And secondly from the contrary, that it is as lawful and good to lend to the rich with a iust increase, as to giuegive or lend freely to the poore: and that the like opposit blessing of plenteousnesse equally belongeth to both. As if Salomon had also said, he that giueth to the poore freely and cheerefully, and lendeth to the rich to increase himselfe, shall vndoubtedly attaine to great riches. Thus you see how a partiall and prejudicat mind, seeketh rather to draw the Scriptures to it selfe, than to conforme it selfe to the Scriptures. This prouerbiall sentence is diuersly expounded: the most of them, that I hauehave seene, expound the latter clause as a punishment of the former. As if this were the sence and meaning of this prouerbe, That he which seeketh to enrich himselfe by oppressing the needie, shall contrarie to his expectation, either by bribes giuen to magistrats that he may escape the punishments which by the lawes belong vntounto him, or else by forfeiture of his goods into great mens hands, fall into p. 280pouertie. Others obserue here to be noted two practises of worldly men, which they read copulatiuely; that is, to take from the poore and to giuegive to the rich, both of them in their intent and purpose referred to the enriching of themselues, but by the just prouidence of God so disposed, that in the euent they tend to their impouerishment. As if Salomon had said, He that taketh from the poore to enrich himselfe, and giueth to the rich, that from them he may receiue greater benefits (which commonly is the end of gifts giuen to great men) shall by the just judgement of God come to pouertie: or as one vnderstandeth this prouerbe, He that oppresseth the poore to enrich himself: also who giueth to the rich small things, that he may receiue from him greater matters, and that he may do it, oppresseth the poore in the meane while, that he may hauehave to giuegive to the rich; hee shall surely come to pouertie.

But suppose the holy Ghost did here match these two as equall sinnes, to take from the poore▪ and to giuegive to the rich; yet the latter is not generally to bee vnderstood, either as a sinne in it selfe, as though it were simply vnlawfull to giuegive any thing to the rich, or as great a sinne as to lend vponupon vsurie to the poore: but with limitation to such things as are giuen to the rich, being vnjustly taken, or vncharitably withheld from the poore. Howsoeuer it is, the holy ghost doth not speake here of lending at all, and therefore those two collections from hence are absurd and impudent, either that lending freely to the rich is as great a sinne as lending vponupon vsurie to the poore; or that lending vponupon vsurie to the rich is as good a thing in his kind, as lending freely to the poore. Which wicked and shamelesse assertions of this patron of vsurie, I wish, may bee an admonition both to others that hauehave taken vponupon them the defence of the same cause, that through the partialitie of their affections they runne not into the like extremities; and also to vsurers, p. 281that they relie not much vponupon such patrons, nor hazard their saluation vponupon their credit: who are now growne to this passe, as to call vertue vice, and vice vertue. Would a man thinke it credible, that a Christian man hauing knowledge and learning joyned with a profession of the truth, should euer conceiue, and much lesse commit to writing, That to lend freely to the rich is as great a fault as to lend vponupon vsurie to the poore; and to lend vponupon vsurie to the rich as lawfull and good a thing, as to lend freely to the poore? O tempora! …o mores! in which it is a sinne not to be an vsurer, and a vertue not to be liberall, friendly, courteous, or ciuile. In which, religion is made to countenance vsurie for a vertue, and to condemne liberalitie and humanitie for a vice.

Fourthly, they alledge, Ier. 15. 10. I neither lent vponupon vsurie, neither hauehave they lent me vponupon vsurie. Whence they gather, that lending vponupon vsurie is of the same nature with borrowing vponupon vsurie, and both of them are there mentioned as indifferent things.

I answer that the Prophet speaketh not of lending vponupon vsurie, or borrowing vponupon vsurie, though some translations so read; but of lending vponupon securitie, or with purpose to exact that which is lent. And this signification better fitteth the purpose of the Prophet, which is to shew the contentious disposition of the people, who contended with him when he had giuen them not onelyonly no cause (as he had done if hee had bene an vsurer) but none occasion of cursed contention: for he had forborne all worldly (though otherwise lawfull) contracts, from whence many times contentions arise among men: as if he had said, I did neither meddle nor make with them in worldly affaires, neither bought nor sold, neither borrowed nor lent, and yet they contend. Or if the Prophet had spoken of vsurie in this place, it would serue rather for the condemnation of borrowing vponupon vsurie, which in manie cases is vnlawfull, than for justification of lending vponupon vsurie, which in no case is lawfull; the Prophet p. 282disclaiming the one as well as the other, as causes, or at the lest as occasions of contention.

And these with some few other before confuted, are all their allegations out of the old Testament. Let vsus come to the new: for (as some of them say,) It is not to be omitted that the Apostles of Christ in their sundry catalogues of sinnes do neuer once make mention of vsurie, which is an argument that it is lawfull, especially seeing in the Romane empire vnderunder which they liued, it was commonly exercised euen vntounto twelue in the hundred, as also among the Iewes, to whom Iames, Peter, and Iohn did write.

I answer, first, although it be not forbidden by name in the new Testament, yet that proueth it not to bee lawfull. An argument drawne from the testimonie of some one part of the Scripture negatiuely, doth not hold; it is sufficient that it is forbidden in the old Testament, and namely in the morall law of God, which is common and perpetuall. And farre be it from vsus to thinke that Christ in his Gospell alloweth any sinne which is forbidden in the morall law, as I hauehave prooued vsurie to be. Againe, there are many other sinnes forbidden in the morall law, which are not once mètioned in the new Testament. For to seeke no further, biting and griping vsurie is condemned in the morall law, and is a thing in the confession of all, simply and vtterly vnlawfull; and yet thereof is no mention made in all the new Testament: and therefore if this argument be good, no vsurie at all, be it neuer so immoderat or excessiue, is vnlawfull.

Secondly I answer, that vsurie is forbidden and condemned in the new Testament, not indeed expresly and by name, neither is that needfull, for many things are contained in the Scriptures, which are not expresly mentioned in the Scriptures. There be, I doubt not, some sinnes condemned in the morall law, which neither in the law, nor gospell, nor any where in the Scriptures are once named; for the condemnation whereof it is sufficient, if it may by just consequence be deducted out of the p. 283Scriptures. But vsurie is condemned both in the old Testament and the new: In the old, expresly and by name; In the new, by necessarie consequence, as sometimes vnderunder the contrarie affirmatiue: for where free lending is commaunded, as Mat. 5. 42, not free lending (that is, vsury) is condemned; sometimes vnderunder the general, as Eph. 4. 28. 1. Thes. 4. 6, Let him that stole steale no more, Let no man oppresse or defraud his brother, 1. Corinth. 6. 10. neither theeues nor couetous persons shall inherit the kingdome of God. Sometimes abstinence from vsurie is commanded vnderunder the arguments of the greater and lesse, as Luke 6. 35. Lend looking for nothing thence. For if I must lend without respect of mine owne profit, or without expectation of any benefit or gaine thereby, as the most expound that place; then much more must I lend without a couenant, especially without an absolut couenant for gaine. And if I must lend without hope or expectation of recouering my principall, as others vnderstand that place, then much more must I lend without expectation of a gain and ouerplus aboue my principall: and if without expectation of gaine, much more without a couenant for gaine. Hence Ierome saith, In euangelio, Hieronym. in Ezech. 18.Ezek 18virtutis augmentum est, Ambros. de Tobic. cap. 15.& Ambrose, euangelium dicit quod est plenius. Sometimes againe by an argument drawne from the lesse. Euen sinners, saith our Sauiour,Luk. 6. 34.Luke 6:34 are willing and readie to lend one to another without vsurie, how much more doth it become you that are Christians to lend one to another without vsurie? Do sinners, who are but naturall and ciuile men, in common courtesie and humanitie lend one to another, to receiue their owne without increase, and shal it not be a shame to such as professe themselues members of Christ, to be behind sinners? And whereas they affirme that vsurie was in the time of Christ and his Apostles commonly practised among the Romanes and the Iewes, I greatly doubt of the truth of that assertion, in respect of the Romanes, seeing Tiberius in the latter part of p. 284his reigne had vsed effectuall meanes for the abolishing of vsurie,Lib. 1. cap. 7. as Alexander ab Alexandro reporteth: but much more in respect of the Iewes, among whom the practise of vsurie was forbidden by the law of God, and to whom in the sixt of Luke our Sauiour giueth this testimonie,Luke 6. 34.Luke 6:34 That the very sinners among thē would lend one to another to receiue as much as they lent.Iam. 5. 3.Jas 5:3 Iames also in his Epistle findeth fault with the rich men of that time, that they suffered their gold and siluer to rust, which they would not hauehave done if they had bene addicted to vsury: and therefore the lesse practise of vsurie in those times, may be some reason why it is not expresly mentioned in the writings of the Apostles. And hereunto I might add the testimony of some Historiographers,Vincent. Magdeburg ex P. Cantore. who affirm that vsurie in the primitiue Church, & in the time of the Apostles was most odious among all that professed the name of Christ. But (say they again,) What if our Sauiour Christ beso far from condemning vsurie, that he approueth it: for when as he condemneth that slouthfull seruāt because he had not occupied his talent, he saith, that he should hauehave put forth his mony to the bankers, that at his cōming he might receiue his own with vsurie, Mat. 25. 27.Matt 25:27Mat. 25. 27. Where (say they) our Sauior speaketh of vsurie as of a lawfull gaine: and withall signifieth, that it is better for a man, who hath no other lawful trade to gain by, to put forth his mony to vsury, than to hauehave it idle by him. And how is it proued that Christ speaketh of vsury as of a lawful gain, seeing this is not Christs own speech, but by him assigned to a worldly master? Forsooth, because by this Lord or master, Christ himselfe is represented: and therefore it is not likely that he would assign to him such a speech as should contain any dishonest thing in it. Answ. First, it may be doubted whether this lord or master would hauehave had his mony put forth to vsury, though he speake of receiuing it again with vsurie. For when any thing is restored to a man with increase, that increase by a metaphoricall speech is called vsurie. As for example: the earth is sayd by the Orator neuer to repay that which it receiued, without vsurie, and therefore p. 285that is called naturall vsurie.Cic. de senect. The Lord is said to repay him that is mercifull to the poore, as it were with vsurie. Likewise when men shal hauehave imployed the gifts of God to the glorie of God and good of his Church, the Lord when he shall call his seruants to an account, wil acknowledge that he hath receiued his owne with vsurie: and this (as also the former) is called spirituall vsurie, whereof the holy Ghost speaketh in this place. Againe, when the debtor hauing gained by the imployment of the money borrowed, doth restore the principall, with the increase of a free gift or gratuitie, the creditor may be said to receiue his owne with vsurie: and that is called liberall vsurie. Likewise if a man should deale by way of partnership with a merchant or exchanger, which in this place is called a Trapezite, to receiue part of their gaine when they do gaine; he may be said when by partnership he proueth a gainer, to receiue his owne with vsurie.

But suppose this speech were so to be vnderstood, as that this Maister would hauehave had his seruant to hauehave put forth his money to vsurie: yet this prooueth not, that Christ doth therefore approue vsurie. First, because the maister speaketh of himselfe according to that opinion which his seruant had conceiued of him; Thou knowest me to be an hard man,Luke 19. 22.Luke 19:22 who (as vsurers vsually doe) take vp which I laid not downe, and reape where I sowed not, and gather where I strewed not, why then diddest thou not accommodate thy selfe to my disposition, and do thy best indeuour that I might receiue mine own with vantage? Or if thou wert so idle as that thou wouldest not according to my commaundement,Luke 19. 13.Luke 19:13 Luke 19. 13. take the paines, or so diffident and distrustfull, as that thou wouldest nor beare the hazard of negotiation; yet at the lest thou mightest hauehave committed it to the bankers. From whence you may gather by the way, that the course of vsurie fitteth them best, who are both idle and distrustfull. But this speech of this maister, who representeth p. 286our Sauiour Christ, doth no more prooue, that he alloweth vsurie, than that he acknowledgeth himselfe to be an hard and austere master, who taketh vp where he laid not downe, &c.

And suppose againe, that our Sauior Christ had compared himselfe to a master who was an hard man indeed, and would require his seruants to put forth his money to vsurie; yet this would not be a sufficient warrant either for the hardnesse or austeritie of masters, or yet for the vsurie practised by the seruants. For euen as here hee compareth the bestowing of his gifts vponupon his seruants, (that they employing them and vsing them to his glorie and good of their brethren, and increasing them in the vse, he might seeme to receiue his own with vauntage) to a straight and austere masters deliuerie of talents to his seruants, that they might occupie or traffique therewith, to the end that he might make vsus all carefull to vse and imploy the good gifts of God according to our seuerall places and callings, remembring that we shall be called to a straight account for the same: so elsewhere he compareth his comming to the suddain comming of a theefe,Mat. 24. 43.Matt 24:43 to the end that he might make vsus vigilant and watchfull:Apoc. 16. 15.Rev 16:15 and yet me thinkes this should be but small warrant for theeues suddainly to breake into mens houses.

Yea but (say they) though theft it selfe be vnlawfull, yet the wisedome of theeues in chusing a fit time, in respect whereof the comming of Christ is compared to their comming, is not vnlawfull. To omit, that the comming of Christ is compared to the comming of theeues onelyonly in respect of suddainnesse: it cannot truly be said, that the wisdome of theeues in chusing their best oportunitie, is lawfull: for all such wisdom Iames calleth earthly,Iam. 3. 15.Jas 3:15 carnall, and diuellish. Yea, but you will say, although the vnjust stewards dealing with his master were vnjust and vnfaithfull, Luke 16. 8, yet our sauiour Christ commendeth his wisdome. I answere, euen as in that place our Sauiour Christ, though the dealing of p. 287that steward were vnjust, yet commendeth his wisdome; not that he simply allowed thereof, for it was (as Iames sayth of all such wisdome) earthly and diuellish, but commendeth it to his disciples, to be imitated in spirituall things, that we likewise should make vsus friends with the riches of iniquitie, that when we must giuegive vp our stewardship, we may be receiued into euerlasting habitations: So in this place he speaketh not of vsurie as of a lawfull gaine, but commendeth the wisedome and care of the children of this world (who are wiser in their generation than the children of light) to be imitated of the faithfull in spirituall things. For as worldly men hauing receiued talents from their master to occupie for his best aduantage, vse not to keepe his mony idle by them, but do their best indeuour to increase the stocke committed to them, by traffique or negotiation; or if they be idle or distrustfull, will commit it to the bankers, that their master may receiue his owne with vsurie: so those who hauehave receiued spirituall gifts and graces from God to be employed to his glory, ought not to burie or to hide them, but ought to imploy them as it were by traffique and mutuall communication of them for the common good of the church; that by the imployment of them, the Church being profited, and the gifts themselues increased, the Lord may receiue his owne with vantage. For such is the bountie of the Lord, that he accounteth the good of the church and the increase of his graces in his seruants, to be his owne gaine.

Thus hauehave I shewed, that although the similitude be pressed for the proofe of other matters than for which it is brought, yet nothing can be concluded thence for the justifying of vsurie. But now I answere further, That a similitude ought not to be pressed for the proofe of any matter besides the purpose for which it is bought: otherwise, from parables and similitudes a man might inferre very many absurd consequences. It is therefore a principle p. 288among schoole-diuines, that Theologia symbolica non est argumentatius: that is, That arguments drawne from symbolicall and parabolicall speeches, prooue nothing in diuinitie. And Basil speaking of this very parable, giueth this rule, foreign Parables doe not in their specialtie,Ascet. quest. 254 or seuerally by themselues yeeld full rules or documents, but they lead a mans mind to the argument or cause which is in hand. The scope therefore and purpose of this parable, is to teach vsus, that for as much as we are all to giuegive a straight account vntounto God of those gifts and talents which we hauehave receiued from him, it behooueth vsus therfore diligently and carefully to vse and imploy them, that by the imployment of them our brethren being profited, and the graces themselues being increased in vsus, God may hauehave the glorie, and we euerlasting comfort. This doctrine our Sauiour Christ illustrateth by a parable or fained example of a master, who hauing at his departure into a strange countrey giuen talents to his seruants in diuerse degrees to be occupied, at his returne calleth them to an account, how they hauehave imployed his talents, and accordingly rewardeth the diligent & faithfull, and punisheth the idle and vnfaithfull seruant, taking from him his excuses, and condemning him out of his owne mouth: this was the proposition of the similitude, the reddition (which is not expressed) is this: So our Lord and master, both when he ascended into heauen gaue, and also since by his spirit giueth gifts and graces to men, to some more, to some lesse, that we may imploy them to his glory, and to the good of our brethren; and at his return in the day of judgement, he shall call vsus all to an account, how we hauehave imployed our talents; and so many as he findeth to hauehave beene diligent and faithfull seruants, he will reward with euerlasting joy and happinesse; but such as hauehave buried the gifts of God by idlenesse and vnfaithfulnesse, he will punish, taking from them their friuolous p. 289excuses, and euen condemne them out of their owne mouth. When as therefore they say, that our Sauiour Christ in this parable signifieth, That it were better for a man to put forth his money to vsurie, than to keepe it idle by him: I answere, That this is altogether besides the purpose and intendment of our Sauiour Christ in this place: His drift is to shew, that as worldly masters require their seruants to increase their worldly wealth by one meanes or other, and will not admit their excuses which they pretend to their idlenesse and vnfaithfulnesse: so the Lord requireth of all his seruants, that they should vse all diligence to imploy his spirituall gifts to his glorie: neither will he accept the friuolous pretences of such as are idle and vnfaithfull. And to this purpose onelyonly, as I take it, is this speech concerning the putting forth of the mony to the bankers, vsed; not that the like is to be done or can be done in spirituall things.

3. Againe, they alledge the authoritie of Iohn Baptist, Luke 3. 12, 13.Luke 3:12Luke 3:13for when as the Publicanes, who fermed the customes, tolls, and tributes in eueryevery prouince, and vsed to put forth money which they gathered, vntounto vsurie, demaunded of him, what they should doe; Iohn Baptist answered, Exact nothing aboue that which is appointed you. Which the author of the aforesaid English Treatise vnderstandeth thus, That they should not in taking vsurie exceed the centefima, that is, twelue in the hundred: as if Iohn had approoued vsurie, so it exceeded not that rate.

I answere, That the Publicans who came to Iohn, were not Romanes, of the worshipfull order of knights, or other Gentiles, but certaine of the Iews, who being called soc… publicanorum, the Publicanes associats, as Beza rightly judgeth, were hired by the Romane Publicanes to helpe and assist them, in gathering the customes, tolls, tributes, and reuenewes which were due in Iurie, being a prouince to the citie of Rome: for which cause, though they practised not vsurie, these Publicanes being Iewes, were hated p. 290and detested of the other Iews, and esteemed as most notorious sinners, insomuch, that they might not enter into their assemblies, both because they associated themselues vntounto Gentiles, and also assisted them in a businesse most odious to them, viz. in exacting tributes and tolls from them, being a free people. These Publicans therefore being in this common disgrace, and comming to Iohn Baptist to be baptized, propound this question to him, Whether it were lawfull for them to exact the tributes in behalfe of the Romanes; or if it be, how they were to demeane themselues, and to that purpose aske him, What shall we doe? VntoUnto which question Iohn answereth thus, Require or exact no more than is appointed for you. Which answere most plainely concerneth their dutie in exacting of tributes, tolls and customes, that they should extort no more than was due, as the Publicans by forged cauillations many times did.Luke 19. 8.Luke 19:8

VntoUnto these testimonies the same authour addeth two more, Mar. 4. 25, To him that hath, it shall be giuen: and Act. 20. 35, It is a more blessed thing to giuegive than to receiue: but I will not trouble the reader with them.

And these are their allegations out of the Scripture. Now I desire eueryevery Christian in the feare of God and without partialitie to compare these allegations which hauehave beene made for vsurie, with those testimonies of Scripture which before I produced against it: & namely with that one, Ezek. 18. 13, He that lendeth vponupon vsurie, or taketh increase, shall he liue saith the Lord? he shall not liue, but he shall die the death, and his blood shall be vponupon him. And let him vprightly consider to which part he ought rather to incline: For this may not be denied, but that if vsurie may be lawfully practised, it is to be done in faith, that is, in a sound persuasion out of the word of God, that it is lawfull. But whereupon shall this found persuasion be grounded? On a few far-fetched allegations drawne into the defence of vsurie perforce, contradicted p. 291with such manifest testimonies of scripture, and confuted by most euident arguments?

But it may be, though their allegations out of scripture be weake, yet their reasons are strong. Though they were neuer so strong, yet ought we rather to denie our owne reason, than not to yeeld simple and absolute obedience to the word of God. But let vsus examine their strength.

And first, that vsurie so qualified as I said before, is not vnlawfull, they prooue first by the name thereof. For say they, Although the name vsurie in English tongue be odious through the abuse of the ignorant, yet in the learned tongues it is of a middle and indifferent nature.

Answ. By the learned tongues, are commonly vnderstood the Hebrew, Greeke, and Latine: the first and ordinarie name of vsurie in Hebrew is Neshek, in Greeke foreign in Latine foenus. Neshek signifieth biting, and is deriued from the same verbe which oftentimes in the scripture is ascribed to the biting of serpents. foreign is deriued either of the Hebrew Toc, which signifieth deceit and by the Grecians is translated foreign Psal. 55. 13 & 72. 14. as also Isb Tecachim, Prou. 29. 13. The man of deceit, is commonly vnderstood to be the vsurer, and so by diuerse is translated. Or else of the verbe foreign to signifie (as the Philosopher rightly noted) that vsurie is a monstrous and vnnaturall contract, whereby money, and other things which naturally do not fructifie nor hauehave no fruitfull vse, but are spent in the vse, are made against nature to fructifie and to bring forth gaine. For which cause Ch…ysosiome calleth vsurie a pestiferous wombe.In Math. homil. 57. Others giuegive this reason of the Greeke name, that vsurie is called Tokos, because it breedeth griefe to the borrower, or as Ambrose sayth,De Tob. cap. 12.Tob 12 because it worketh in the borrowers soule griefes answerable to the paines of childbirth. In Latine it is called foenus, either quasi foetus, as Nonius Marcellus and others hauehave taught, by the same reason that it is p. 292called foreign in Greeke, because it is as it were the monstrous and vnnaturall brood of that which is borrowed: or else it is named, foenus, quasi funus (for in many Latine words u is changed into oe dipthong: as in Pomoerium for Pomurium, and Moenia a muniendo) because it is the graue of the borrowers state, and of the lenders soule. Wherefore Ambrose sayth,Se…. 6. de Ieiunio 10. mensis. Nihil interest inter foenus & funus. And Leo sayth, Foenus pecuniae, sunus animae.

The other words, viz. Tarbith and Marbith in Hebrew, signifying increase, and vsura in Latin, were as Caluin faith deuised by vsurers themselues, when as the odious names of Neshek and foenus did seeme to make their practise odious. And therefore disclaiming Neshek and foenus, they professed themselues to take Tarbith and vsura; euen as vsurers among vsus and the French refusing the name vsurie, as growne odious, hauehave deuised the names of interest, vse, and vsance. But for as much as the vsurers among the Iewes, vnderunder the name Tarbith exercised Neshek, among the Romans vnderunder the name vsura practised foenus, euen as the vsurers among the French, as Caluin sayth, and also among vsus, vnderunder the names of interest, vse, & vsance, practise plaine vsurie; therefore the words Tarbith and Marbith are eueryevery where taken in the ill sence, and are forbidden as well as foenus: and vsura among the latter Latine writers growne as odious as foenus. Quid foenus & Calendarium & vsura, Lib. 7. de benif.sayth Seneca, nisi humanae cupiditatis extra naturam quaesita nomina? What is foenus and the Kalender (for so the vsurers debt-booke was called) and vsurie, but names of mens couetousnesse sought out besides nature? And therfore it is a wonder, that any learned man should affirme, that the name of vsurie in the learned tongues is of a middle and indifferent nature. Wherefore from these premisses this first argument may be retorted vponupon them which made it. For if as the names of things be, such commonly be the things, for foreign sayth Aristotle, foreign, names doe follow or imitate the things: and p. 293Plato calleth names the similitudes and resemblances of things;foreign in Craty. then, odious and detestable names, are arguments of odious and detestable things: but the names of vsurie are odious, as hath beene shewed, for which cause the vsurers themselues do auoid them, and are ashamed of them, and therefore such a thing is vsurie it selfe.

2. Obiection. No vsurie is forbidden by the law of God and by the law of nature, but that which is hurtfull, and ioyned with the hurt or losse of the neighbour.

But some vsurie is not hurtfull but rather helpefull to the neighbor. Therefore some vsurie is not forbidden.

First, the proposition is vntrue, and of dangerous consequence: for the law of God forbiddeth all vsurie in generall, as a thing in it own nature and in his whole kind simply vnlawfull, without any such restraint or limitation, euen as it condemneth adulterie, lying, theft, or any other notorious sinne. And therefore, if it were lawfull thus to argue in fauour of vsurie, mincing the commaundement of God in an intollerable presumption, and restraining and limitting the same out of our owne braine: why may it not be lawfull so to argue in defence of other sinnes; as indeed some hauehave done in defence of lying, which as you heard before is generally forbidden as a thing simply euill, and yet some hauehave taken vponupon them the defence of such lies as are not hurtfull but helpefull to the neighbour. And why might not the pick-thanke as well hauehave justified his murthering of Saule, if he had according to his owne report slaine him in charitie, and at his owne intreatie to end his paine, being past recouerie, and to preuent the scornings of the Philistimes, which he feared more than death?

But they prooue their proposition thus.

Vsurie is not forbidden, but as it is against charitie, for charitie is the summe of the law, and he which obserueth the rules of charitie, keepeth the law.

But that which is not hurtfull to the neighbour, is not against p. 294charitie, therefore that vsurie which is not hurtfull to the neighbour, is not forbidden.

Answ. Charitie, which is the summe of the law, hath reference towards God; towards our neighbour, not only in priuat, but also in publicke; and towards a mans selfe. And in this sence I acknowledge the proposition of this syllogisme to be true, viz. that vsurie is not forbidden, but as it is repugnant to charitie. But hereby the assumption of this syllogisme is prooued to be false, for there be many things which are not perhaps hurtfull to our neighbour in particular, with whom we deale, which are notwithstanding repugnant to charitie. The officious lie helpeth the particular neighbour, in whose fauour it is told, yet because it is repugnant to veritie, it is repugnant to charitie. God who is truth hath forbidden all vntruth, and he will destroy eueryevery one that speaketh lies: The lying mouth destroyeth the soule: therefore no lying can stand with that charitie and obedience which we owe to God, nor with that louelove which we owe to our own soules. So in like sort suppose that the borrower sometimes is not hurt by vsurie, but rather holpen; yet notwithstanding all vsurie is against charitie, for the practise of it cannot stand with charitie and our allegiance to God, who hath forbidden it, denounced his judgements against it, made gracious promises to them that will do the contrarie: nor with our charitie and dutie to our countrey, vntounto which vsurie is in many respects noysome, as hath beene shewed: nor with that louelove which we owe to our owne soules; for whosoeuer putteth foorth to vsurie, or taketh increase, he shall not liue, but die the death. And moreouer, you may remember what I hauehave before prooued, that vsurie is euer repugnant to charitie, if not as a hurtfull thing to our neighbour, yet as an vnjust thing in it selfe.

Yea but say they againe, to proue the former proposition, That vsurie which is ioyned with the hurt of the neighbour, is p. 295condemned, therefore that which is not ioyned with the hurt of the neighbour is not condemned.

Answer. I denie the consequence: for there are other respects which make vsurie vnlawfull, besides the hurt of the neighbour, as euen now I shewed. By the same reason the patrones of officious lies might argue thus: God forbiddeth vsus 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 vsurie, as I hauehave alreadie prooued.

And thus I hauehave shewed against the proposition, that all vsurie is vnlawfull, though all were not hurtfull. Now I add against the assumption of the first syllogisme, That all vsury is hurtfull: hurtfull I say, either to the borrower, as commonly it is, or else to the commonwealth, as before hath beene prooued.

Obiection. 3. Vsurie is not vncharitable neither in respect of the borrower, nor yet in regard of the commonweale: the former they prooue thus. There is no propertie of charitie which may not well stand with vsurie. No not that, charitie seeketh not her owne: for I am not otherwise bound to louelove my neighbour than my selfe. Nay rather the debtor should offend against charitie in too much seeking his owne, if he would hauehave another mans money freely, by which he is sure in all likelyhood to gaine.

Answer. In traffique and negotiation it is lawfull for a man as well to respect his owne gaine, as another mans good. But in lending, which is an act of charitie, and a contract ordained for the good of the borrower, to seeke gaine, it is against charitie, which seeketh not her owne. We ought to lend by the commaundement of Christ, not respecting our profit or gaine, but the good of the borrower. But the vsurers charitie is, by his lending to seeke ease out of the borrowers labour, securitie out of his hazard, and gaine as well out of his losse as out of his gaine.

p. 296Againe, out of the vncertaine negotiation of the borrower to couenant for certaine gaine, it is not onelyonly vncharitable but also vnjust and vnequall. But in the contract of actuall vsurie there is an absolut couenant for certaine gaine, as I hauehave proued before, which the borrower whether he shall gaine or loose is absolutly bound to pay together with the principall. And this absolut couenant for certaine gaine, is not an abuse happening besides the nature of the contract, but of the verie nature and essence of actuall vsurie. But the borrower (you say) is in a maner sure to gaine. Why then (say I) will you not aduenture with him? for if the lender will be content to hazard his principall, so as he will not onelyonly looke for no gaine but when the borrower gaineth, but also will bee content to beare part with him in his losse, hee shall not deale by vsurie, but by partnership.

And whereas they say that the borrower should offend against charitie in seeking too much his owne, if hee would desire to borrow freely, &c. I answer by distinction, Men borrow either to supply their need, or to procure gaine: Of the former there is no question, but that they may with good conscience desire in their necessitie to borrow freely: onelyonly men must beware, how they fall into this necessitie. As for them which borrow for gain, you may consider their dealing in the time, either of the borrowing, or of the payment. In the time of borrowing, he doth not therefore sinne against charitie, if he will not out of his vncertaine traffique promise certaine gaine to the lender, who will beare no hazard with him: Indeed if the lender will be content to beare part of the losse, the borrower ought to yeeld him part of the gaine. At the time of payment he is bound to be thankfull to the creditor if he hauehave gained, and willingly to afford him some part of that gaine wherewith it hath pleased God by the creditors meanes to blesse him, especially if the creditor could not well forbeare his money. As touching the latter p. 297point, that vsurie offends not against publike charitie, they indeuour to proue by these two reasons. Because it is both profitable and necessarie to common weales. It is profitable: For if the creditor hauehave no skill in any trade or traffique, and the borrower hauing skill wanteth a stocke, not onelyonly both they shall be gainers, but the commonwealth also shall receiue good by the imployment of the one mans stocke, and of the others skill, whereas contrariwise the common wealth should sustaine losse, if neither the creditors money be occupied, nor the borrowers skill imployed.

I answer, there are other lawfull meanes whereby mens money may better be imployed for the good of the common weale, than by vsurie: For when the borrowers do gaine by that which they hauehave taken vp on vsurie, the common wealth commonly payeth the vsurie, as hath bene shewed. But why wilt not thou imploy thy mony thy selfe in some honest contract? Is it because thou wilt take no paines, nor beare any aduenture, but wilt be sure to prouide for great and certaine gaine with ease? Then art thou an vnprofitable member in the commonwealth, liuing of the sweat of other mens browes, &c. Or hast thou any lawfull reason either because of thy calling, age, or condition, that thou canst not indeed imploy thy money thy selfe? then mayest thou buy either lands or rents after that maner which before hath bene shewed, or else thou maiest deale by partnership. But you must remember, there is no partnership without partaking in the losse as well as in the gaine.

That vsurie is necessarie they prooue, Because as the world now goeth, and as mens maners now are, no common weale can stand without it.

Answer. If that be true, then vsurie is proued to bee a necessarie euill: and this necessitie argueth not the lawfulnesse of vsurie, but the wretched estate of the world, which as Iohn saith, lieth in euil. 1. Iohn. 5. 19.1 John 5:19For to say absolutly that cō monweales cannot stand without vsurie, were derogatorie to the wisedome of God, who would not suffer vsurie p. 298in that cōmonweale which he ordained, as hath before bin shewed. But whence ariseth this necessitie? the necessity of borrowing & so of lending ariseth frō mens wants, and hardly can humane societies stand without that contract: but the necessitie of vsurie ariseth of mens couetousnes and hardnesse of their hearts. For although there may be a necessitie of borrowing vponupon vsurie, when men that must needs borrow cannot borrow freely, yet there is no other necessitie why men should lend vponupon vsurie, but that which their owne couetousnesse (when they hauehave once said they will be rich) hath imposed vponupon them:1. Tim. 6. 9.1 Tim 6:9 for vnlesse thy neighbour hauehave need to borrow, there is no necessitie of lending at all imposed vponupon thee. But if thy neighbour hauehave great need to borrow, and thou be well able to forbeare, the Lord hath laid a necessitie of dutie vponupon thee to lend freely, which without sinne thou canst not auoid. Or if there be a necessitie that thou shouldest imploy thy stocke to gaine, there be other lawfull contracts to that purpose, so that thou shalt not need (vnlesse it be for idlenesse and distrust) to deale by vsurie. Now if a pretended necessitie, arising from the hardnesse of mens hearts, and setled resolution to go on in the practise of vsurie, contrarie to the commaundement of God, be of sufficient force to justifie vsurie; then by the same argument, may any other sinne be justified.

Object. 4. It belongeth to magistrats to determine of ciuile contracts, and therefore vsurie is so farre forth lawfull, as they by their lawes allow it.

Answer. The rule of our conscience is not the law of man but the law of God: and it is a principle, That the law of the inferiour cannot dispence with the law of the superiour. If therefore the Law of God condemne all vsurie, no law of man can make any vsurie lawfull.

Againe, we are to distinguish betwixt allowing and permitting: no good lawes allow vsurie as good, though some permit it as a thing euill, for auoiding of p. 299greater euils. Magistrats are faine sometimes to permit and tollerat that which they are not able altogether to amend. Moses for the hardnesse of mens hearts permitted the husbands to put away their wiues, so that they did giuegive them a bill of diuorcement, wherein their wiues innocencie should be cleered; not that he allowed thereof, but that he would prouide for the wiues safetie, deliuering them from the furie or tyrannie of their husbands. But notwithstanding this permission, whosoeuer put away his wife hauing not broken the bond of wedlocke by committing adulterie, by the sentence of our Sauiour Christ, himselfe committed adulterie.Mat. 19.Matt 19 So the magistrats, by reason of the couetousnesse and hardnesse of mens hearts are forced to tollerat vsurie, so it be kept within such bonds as they prescribe, not that they allow thereof, but that they might prouide for the good of those who hauehave need to borrow, both that they might borrow, and also that borrowing they should not bee too much oppressed. But notwithstanding this legal tolleration, he that lendeth for gain is an vsurer & a theefe before God. And therefore as the judiciall permission of Moses in the case of diuorcements, so the ciuile permission of magistrats in the case of vsurie, doth not serue to cleere a man from the guilt of sinne before God, but onelyonly to exempt the partie from ciuile punishment. And yet it cannot be truly said that our lawes do so much as permit any vsurie, excepting in the case of orphanes. Wherefore this argument may also be retorted vponupon our patrons of vsurie: for seeing as they say, magistrats hauehave authoritie by their lawes to determine of ciuile contracts; and seeing our lawes determine of all vsurie as of a sinne, allowing none at all as good, but punishing it as euill, and not so much as permitting any, except in the case of orphanes; hereof it is to be inferred, that no vsurie among vsus can be practised with a good conscience.

Object. 5. If letting be lawfull, then vsurie also is lawfull, for p. 300vsurie is letting of money; but letting is lawfull, therefore vsurie.

Answer. To the prosyllogisme or proofe of the proposition: I hauehave before sufficiently shewed that vsurie cannot be cōmitted but in things which are lent to be spent; and therefore as they are the subject of vsurie, they are not lettable. And as for the proposition it selfe, you hauehave heard, that although letting in it selfe be a lawfull contract, yet vsurie in it selfe is simply and vtterly vnlawfull. But why may not money be let as well as other things? Because none of those respects are incident vntounto money, for which hire is lawfully required. For first, things which may be let hauehave a fruitfull vse in themselues, which a man may let and alienat for a time, reseruing the propertie to himselfe; but money and those other things which are the subject of vsurie, which consisting in quantitie are spent in the vse, hauehave no fruitfull vse, which either may be seuered from the propertie, or valued apart, as though it might be let or alienated, the propertie reserued. Secondly, the partie which hireth things that be let, after he hath according to the contract of hiring enjoyed the vse thereof, he restoreth the selfe same particular which he tooke to hire, being for the most part impaired in the vse. The partie which borroweth money and such other things as consist in quantity, after he hath spent the same, is not to restore the same particular which he hath spent, impaired in the vse, but the full value of the principall, with better rather than worse. Thirdly, he that letteth any thing to hire, as he retaineth the propertie, so he beareth the hazard thereof: but it is concontrarie in vsurie: for the money being once lent, the propertie is transferred to the borrower, and with the property the hazard. To omit the cost and charge which the letter to hire many times is at, with those things which he letteth: wheras the vsurer is at no cost at all.

There being these foure considerations, why letting is lawfull, and vsurie vnlawfull, the patrons of vsurie p. 301take exception against the first, neglecting the rest. For (say some of the most learned of them,) It is but an ignorant obiection which is made out of Aristotle, that vsurie is a gaine contrarie to nature, because money begets not money: seeing the Scripture condemneth the increase of meat as of money.

Answer. Be it so, for there is the same reason of mony and of other things which are spent in the vse. Let the Reader therfore judge whether Chrysostome and Ambrose which make this objection out of Aristotle, or he which vseth this reason, were more ignorant: for it were as monstrous to require gaine for the fruitfull vse of meat being spent in the vse, besides the price of the meat it selfe, as to require a gaine for the fruitfull vse of money which is spent in the vse, besides the full restitution of the principall. Yea but money, though it be not fruitfull in is selfe, yet by negotiation it bringeth forth greater increase them other things which are let.

Answer. The gaine which is raised out of any thing which hath not a fruitfull vse in it selfe but is spent in the vse, is not the fruit of that thing, but of his skill and industrie which doth imploy it. No more hauehave other things (say they) no not the earth it selfe, without the labour and industrie of him that vseth the same.

Answer. We must distinguish betwixt fructum and questum, fruitfull vse, and gaine. The fruit or fruitfull vse ariseth from the nature of the thing it selfe, and as the Lawyers speake, Ex ipso cui…sque rei corpore, and such is the fruit or fruitfull vse of things that be let, as of cattell, their yong ones, their milke, their wooll, their labour in drawing, and cariage of the earth, both that which groweth within it, as mettals and minerals, &c. and also that which groweth vponupon it, as hearbes and trees and their fruits. Likewise of artificiall things, as of houses, the commoditie of dwelling, of ships, the commoditie of sailing, &c.

Questu…, or gaine, is that which ariseth not out of the nature of the thing it selfe, but is gotten by negotiation p. 302or making of contracts, as buying and selling, &c. And thus those which hauehave skill and will be at the paines and charge, may raise a gaine not onelyonly out of those things which hauehave a fruitfull vse of themselues, as those which buy such commodities to sell them againe vsually do, as horse-coursers, drouers, and other trades men; but also out of such things as are spent in the vse, which as the Lawyers speake, Non corpore sed quantitate constant, as victuallers, mony changers, salters, vintners, and such as buy these kinds of commodities to sell them againe, vsually do. Now if things which hauehave a fruitfull vse in themselues cannot be let in respect of any gaine which may be raised out of the buying and selling of them; much lesse may those things which in themselues are not lettable, because they hauehave no fruitfull vse, neither are to returne in the same particuler, be let in respect of any gain which may perhaps be raised by the imployment of them in negotiation.

If you say that although things cannot bee let to this vse, because they are not to returne in the same particuler, yet they may be sold to this vse, and in respect thereof may be sold the dearer: I answer, that all commodities are, and indeed ought to be sold cheaper to such as buy to fell them againe, than to others who buy for their own vse; otherwise they which deale by retailing, which is a necessarie trade, should either themselves be continuall loosers, or be forced to enhance the prices of commodities, to the prejudice of the common-wealth. OnelyOnly the vsurers who ought to lend freely to those which are in need, do thinke they may put forth their mony and commodities at an higher rate, to those which meane to imploy them vntounto gaine; whereby such persons become either banquerups, if their gaine be not great, or oppressors of the common weale, if it be.

But suppose that money hath a fruitfull vse in respect of the gaine which is raised by the imployment of it, yet p. 303to whom ought the profit arising out of the vse thereof appertaine? surely to him who hauing the property of the money, doth also beare the hazard, sustaineth the charge, taketh the paines, vseth his skill in the imployment of it, that is to say, to the borrower: to whom the losse also if there be any, wholly appertaineth. If you say that by the same reason the Landlord ought not to receiue any rent for the ground which he letteth: I answer, first, that the land hath a fruitfull vse in it selfe, answerable to the rent, both without mans helpe, as in medowes, pastures, woods, and mines, &c. and also with, as in arable grounds, wherein the rent is proportionated according to the fruitfulnesse thereof. Secondly, that the propertie of the ground belongeth to the Landlord, and therefore the profit belongeth partly to him in respect of the fruitfull vse of that which is his, partly to the tenant for his labour and charges.Colonus mercedem, si qua calam it…s a ciderit, non debet. l. ex conducto. §. 1. & 7. Dig. lib. 19. tit. 2. Thirdly, the Landlord beareth the hazard of the ground, not only in respect of the title, but also in respect of calamities, which happening, he is as well to loose his rent, as the tenant his labour and charges.

Againe, they alledge two other reasons, in respect whereof they do imagine that money may as well be put to hire as other things: The one is, the propertie of continuance which it hath, being not subiect to be consumed, as other things, and namely as cattell are: The other, because by mon…y a man may buy any thing which is vsually let. The former reason is to litl… purpose: for money though it continueth in it selfe and is not perished, yet it continueth not to him that vseth it: for to him that vseth it, it is spent; to him that vseth it not, it is vnprofitable: whereas other things remaine in the vse, and continue profitable to them which vse them. The latter I hauehave answered before: for although hire may not be taken for money, yet I doe not deny but that hire may be taken for things which are bought with money, if they bee not such as are spent in the vse: for besides other respects before mentioned, hee that letteth that p. 304which he hath bought, he standeth to the hazard of it; but so doth not he that putteth forth his money to vsury. These with some others which before I refuted when I propounded mine owne arguments, are the chiefe objections which are made in defence of vsurie. The rest, which I hauehave either read or heard, are either of small weight, or altogether impertinent.

Of the former sort are foure other arguments of mine English author:Obiect. 6. as first, If men may not sell the dearer for time, then wo-worth to all merchants and occupiers, whose vse is to sell the dearer for time.

Answer. He might as well hauehave said, If men may not lend vponupon vsurie lawfully, then wo-worth to all vsurers, whose vse is to lend for gaine. But (say I) the former is true both in this proposition and in the former, as I hauehave proued heretofore, and therfore the conclusion of a fearfull woe is to be inferred against those, who will notwithstanding all that which hath bene said, continue still in the practise either of open vsurie, or of selling dearer for time, which is couert vsurie.

Secondly,Obiect. 7. Either all contracts o… gaine are vsurious, or those onelyonly which are vniust and vnequall: but it is absurd to say that all contracts for gaine are vsurious (and that he proueth valiantly and at large) therefore those onelyonly are vnlawfull, which are vniust and vnequall. All this I graunt: what then? And therefore by consequent vsurie is not vnlawfull. But how is that consequence proued? mine author had rather the reader should take it for granted, than put him to proue it: for I hauehave made it manifest before, that all vsurie is vnjust, vnequall, and vncharitable.

Thirdly, Obiect. 8.Either men must lend vponupon vsurie, or else let their money he idle by them: but the latter ought not to be done, therefore the former may.

To the proposition I answer, That there is no necessitie in that disjunction, for men must neither lend vponupon vsurie, nor yet suffer their mony long to lie idle by them, p. 305but part they are to communicate to the vse of others, according to the rules of charitie and liberalitie: part they are to spend for their owne vse, according to the rules of frugalitie: and the rest they may imploy in some honest contracts, according to the rules of justice and thrist, or good husbandrie.

Fourthly, Obiect. 9.To lend vponupon vsurie and to borrow vponupon vsurie are relatiues, therefore if to lend vponupon vsurie be a sinne, it is a sinne to borrow vponupon vsurie, and if to borrow vponupon vsurie be lawfull, than is it lawfull to lend vponupon vsurie.

I deny the consequence, which is grounded vponupon a false supposition, that there is alwayes the like reason of relatiues. The same author saith that the vsurer and the poore are as relatiues, therfore by this reason, if it be a sin to be an vsurer, it is a sinne also to be poore. In like sort, the oppressour, and he that is oppressed, the robber, and he that is robbed, are relatiues; but shall we hence conclude, that if to be robbed, or oppressed is not a sinne, therefore it is not a sinne to rob or to oppresse?

To borrow vponupon vsurie is lawfull onelyonly vponupon necessitie, as I shall shew, but hee that yeeldeth to pay vsurie when he is to borrow vponupon necessitie, is oppressed, and therefore be which imposeth vsurie vponupon him, is an oppressor. And in this consectarie drawne from relatiues, there is indeed par ratio the same, or equiualent reason, on both sides. The borrower vponupon vsurie is oppressed, therefore the lender vponupon vsurie is an oppressor. And contrariwise.

The rest of the arguments which I find vsed in defence of vsurie are impertinent, seruing to proue the lawfulnes, not of gainefull vsurie, whereof is the question; but either of liberall vsurie, or recompencing vsurie and interest, or of some other lawfull contract.

And first for liberell vsurie. Obiect. 10.Equitie requireth that he who hath gained well by the imployment of money borrowed, should allow some part of his gaine to the lender, especially if hee could not well p. 306forbeare his money.

Secondly, Againe the lender hath holpen thee to thy gaine, therefore thou oughtest to make him partaker thereof.

Thirdly, Charitie requireth that he which hath raised great gaine out of my money, should impart some part thereof to me.

Fourthly, We must do to others as we desire that others should do to vsus. But when others hauehave gained well by our money, we could be content to be partakers of that gaine.

Fiftly, Should a richer man occupie a poorer mans stocke, and gaining well thereby, make him none allowance? should be grow rich with another mans hinderance?

These reasons prooue that the borrower is bound in thankfulnesse, when hee hath gained well by that which he hath freely borrowed, to impart some portion of his gaine to the lender, especially if without some hinderance to himselfe hee could not forbeare his money so long. From whence this conclusion may be inferred.

That which the borrower ought willingly to giuegive, the lender may receiue.

The borrower ought willingly to giuegive some part of his gaine which he hath raised by the money freely borrowed of him who could not well forbeare it:

Therefore the lender may receiue such part of the borrowers gaine, as he doth willingly impart vntounto him.

All this I graunt: but hereby the contract of vsurie, wherein is an absolut couenant for the receiuing of the principall with an ouerplus, whether the borrower gaine or loose, is nothing at all justified.

The second ranke of impertinent arguments fight for interest or recompencing vsury,Obiect. 11. of which sort there are in the aforesaid english Treatise, fiue, distinguished by notes of number, that author (as it seemeth) laboring more for number than for weight of arguments.

First, Shall the debtor (saith he) being an able man, by seeking delayes gaine time after time at his pleasure, to the losse, hurt, and p. 307trouble of his creditor, without recompence?

Secondly, Is it reason that a rich man should withhold any mans money against his will, and make his priuat gaine thereof?

Thirdly, The father in law making delayes for the payment of that portion which he promised with his daughter, is to make allowance by way of interest to his sonne in law, who beareth the charge and burden belonging to marriage.

Fourthly, When the creditor being disappointed of his money at the day of payment, is forced himselfe to take vp so much after ten in the hundred, may not he require the same to be allowed him of the debtor, through whose default he sustaineth that losse or hinderance?

Fiftly, When the suretie is compelled through the debtors default to pay the debt which he vndertooke for him, the debtor is bound to make him recompence, of what losse or hinderance hee sustaineth through the debtors default.

All this I graunt: but gaineful vsurie differeth much, as I hauehave shewed before, from recompencing vsurie or interest: for it is great reason that he which seeketh to be no gainer by loane, should be no looser. Neither ought any man to be enriched with another mans losse. But whosoeuer hath bene the effectuall cause of the creditors losse or hinderance, he ought, if he be able, to make him recompence.

Sixtly, To these another reason may be added, which is the onelyonly argument grounded vponupon the Scriptures, which I find in one learned patron of vsurie. There is the like reason of ceassing from labour, and forbearing of money: but he that causeth a man to ceasse from his labour, is to make him recompence according to the law,Exod. 21. 19.Exod 21:19 Exod. 21. 19. therefore he which causeth another man to forbeare his money, is to make him recompence according to the time of forbearance.

I answer, first, that there is not the like reason, betwixt a mans labour, and the vse of money: A mans labour being lettable, and yeelding to the labourer, if he worketh, certaine wages. Secondly, although there were the like reason betwixt them, yet nothing could bee prooued p. 308hence, but the lawfulnesse of interest or recompencing vsurie: For the law speaketh not of allowance to bee made for a mans voluntarie ceassing from his worke, but when he ceasseth against his will, hauing beene smitten and wounded by another man, so that he cannot worke; in this case the smiter is to make him recompence for the losse of his time and ceassing from his labour. In like case allowance is not to be made for voluntarie forbearing or lending of money: but when the creditor forbeareth it against his will, to his losse and hinderance, through the debtors default; the debtor hauing bene by his delay the effectuall cause of the creditors losse, is to make him recompence.

7 Lastly, He which hauing bought wares maketh default of payment, is by the ciuile law to pay vsurie to the seller, from whom the price is detained against his will to his losse and hinderance.

Answer. I deny not but that if the price were equall, the like allowance is to be made in this case, as after delay in that which is borrowed: but this allowance is not gainefull vsurie, but recompencing vsurie or interest.

There is another sort of impertinent arguments,Obiect. 12. which serue to proue the lawfulnesse, not of vsurie, but of the contracts. As first of the gainefull contracts of negotiation and traffique, in buying and selling: for some hauehave a conceit, that if any contracts of gaine be lawfull, vsurie (which they like so wel) cannot be vnlawfull. And to this purpose the author of the English Treatise proueth, first, that merchandise is lawfull, by the description of the vertuous, godly, and wise woman, Prou. 31. 18. 24.

Secondly, That buying of rents and lands is lawfull.

Thirdly, That the gaine of drouers and grasiers is warrantable: from all which, as so many arguments, he would hauehave vsus inferre, that therefore vsurie is lawfull. But vnlesse he can proue that men may as well lend for gaine, as buy and sell for gaine (which I hauehave before disproued) these arguments are to little purpose.

p. 309Secondly, He alledgeth the lawfulnesse of the ciuile lending, whereby a man lendeth expecting the like courtesie againe: as for example, When a man lendeth where he hopeth to borrow as much another time; when a miller lendeth money to a baker, to the end he may grind at his mill; when a scriuener lendeth mony to a gentleman, to the end that hee should hauehave his writings made with him, &c. But although this ciuile lending with expectation of the like courtesie, be not so commendable as the Christian and charitable lending, which is without respect of our owne good or profit, euen as the inuiting of our able friends is not so laudable as the feasting of the poore and helpelesse, yet is it lawfull, so long as the courtesie expected is not valuable by money, or such as is commonly and lawfully bought and sold for money. Such is the courtesie of lending expected from them of whom we borrow, the courtesie of their custome in frequenting our shops to buy our wares, or to hauehave their worke done with vsus, and such like. Howbeit if we couenant with the borrower for these courtesies, they may be clokes of vsurie: as if I bind him to lend who will be more like to borrow, & more willing to pay vsurie for the former loane, than to lend as much more (which hath bene a practise of some dissembling vsurers:) or if I require his custome, with this purpose, to make him pay the more for my worke or ware, because he is in my danger, or beholden to me. Otherwise, if he hauehave a peni-worth for his peny, and be as well dealt with as others that are no way beholden to vsus, euen by the naturall obligation which bindeth all men to thankfulnes, he is bound to shew that courtesie to those who hauehave well deserued of him, rather than to others.

And these are the arguments which are brought for vsurie, which also I would desire the Christian reader to compare with those which hauehave bene brought against it. Now we are to descend to their testimonies, which are p. 310partly the publicke allowance of lawes in these dayes, and common practise of most rich men in all Christendome, partly the priuat judgements of diuerse learned and reuerent men of this age.

Of the lawes I hauehave spoken before: that none allow vsurie; though some with certaine restraints doe permit and tollerat it as an euill thing, for the auoiding of greater mischiefe. The commen practise of rich men doth not proue vsurie to be lawfull, but themselues to be couetous and void of charitie. As for the judgements of godly learned men: I answer, That none such do allow that vsurie which is practised in the world, or if any do, I oppose to them the judgements of many more worthie and learned men in this age, the testimonies of all the learned in former ages, both Christian and heathen, the censures of Councels, the authoritie of the word of God.

Now if the conscience of any be not clearly conuicted by the euidence of truth, which I hauehave deliuered concerning the vnlawfulnesse of vsurie, I will for their sakes add a further consideration; whereby it shall appeare, that although we were not sure that vsurie is vnlawfull, yet it cannot be practised with a good conscience. First, because it cannot be done in faith, that is to say, in a sound persuasion out of the word of God,Rom. 14. 23.Rom 14:23 that it is lawfull: and whatsoeuer is not of faith is sinne. Wherefore, if thou doest but doubt of the lawfulnesse of vsurie, thou art to abstaine from it, being well assured, that this is the safer course, for men are not to doe that which they doubt of, but euer in doubtfull things they must chuse the safer way. But it is to be feared, that many vsurers do not only doubt of the lawfulnesse of vsurie, but euen in their own consciences condemne it, and yet against their conscience doe practise it: for they had rather be vsurers than seeme so. Yea they account it a reproch to be called an vsurer: and although they practise the thing, yet they p. 311auoid the name, and in stead of vsurie vse these names, vse, vsance, consideration, interest: and as they auoid the name, so many times they cloke the thing it selfe with diuerse other pretences, as hath beene shewed.

Againe, vsurie is a very odious thing and of ill report: the very heathen by the light of nature detest it. Tully sayth, such gaines are to be misliked which are odious,De off. lib. 1. as namely that of vsurers. Columella sayth,De re rustica. lib. 1. That vsurie is odious euen to those whom it seemeth to helpe.Polit. 1. Aristotle saith, it is hated most worthily:Mostellar. Nullum aedipol hodie genus homin… est te…rius, Nec minus bon… cum iure quam Danisticium. for as Plautus well saith, There is no worse kind of men this day, or that deale with lesse right, than the vsurers. Alexander ab Alexandro reporteth in detestation of vsurie, that very many nations did so abhorre it, that whereas they punished a theefe twofold, they punished an vsurer fourefold. As for Christians, vsurie in auntient time was so odious among them,Lib. 1. cap. 7. that if any were but suspected to be an vsurer,Vide Centur. 12. cap. 4. inter peccata 7. praecepti. his house was counted the house of the diuell, no neighbour would fetch fire at his house, or hauehave any thing to doe with him, children would point at him in the streets:See D. Wilson, fol. 13 6. b. yea, by the laws of Christians they are diffamed persons. The scriptures as you hauehave heard, censure vsurie as an abhomination, that is, as a sinne to be abhorred. And Psal. 109. 11, the holy ghost vseth this interpretation against the wicked: Let the exactour (meaning thereby the vsurer,…. as all translations almost besides some English doe read) ensnare all that he hath. Whereby it may be gathered, both that to be an vsurer is an odious thing, and that it is a curse to fall into his snare.

Now the Scriptures teach vsus,Phil. 4. 8.Phil 4:8 that we should doe such things as are honest and of good report,Rom. 12. 17.Rom 12:17 prouiding for honest things not onelyonly before God,1. Thess. 5. 22.1 Thess 5:22 but also before men, abstaining from all shewes of euill.

Seeing therefore vsurie is and alwayes hath beene a thing so odious and of so bad report, no Christian can practise it with a good conscience.

p. 312And thus I hope this question of vsurie is sufficiently decided.

Now let vsus consider what vse this doctrine affordeth; which briefely is thus much: that seeing vsurie is so detestable a sinne, as hath beene shewed, we should therefore take great heed, that we be not guiltie thereof, either as principals or as accessaries.

The former vse concerneth either those who hauehave not as yet beene attainted with this sinne, or those that hauehave practised it. Those who hauehave not defiled themselues with this vnjust gaine, are taught to confirme their resolution of abstaining from vsurie, and the rather, seeing the holy ghost in this place maketh it a note of a sound Christian and citisen of heauen.

As for those who hauehave practised this sinne, their dutie is to repent thereof, whereunto they may be mooued by this argument: Those that shall dwell in the mountaine Gods holinesse, are such as doe not put forth their money to vsurie. Thou (say I to him that is an vsurer) puttest forth thy money to vsurie, therefore thou shalt not dwell in the mountaine of Gods holinesse, namely, vnlesse thou repent. And againe Ezech. 18, He that putteth foorth to vsurie and taketh increase, he shall not liue, but die the death, viz. vnlesse he repent and turne from his wickednesse: for that condition is to be vnderstood by warrant of the Lords owne exposition, Ezech. 35. 14, 15, When I shall say to the wicked (as he sayth to the vsurer, chap. 18. 13) Thou shalt die the death: if he turne from his sinne, and doe that which is lawfull and right, to wit, if the wicked restore the pledge and giuegive againe that he had robbed, and walke in the statutes of life without committing iniquitie, he shall surely liue and not die.

Now vntounto repentance, besides the inward loathing of the sinne and sorrow conceiued for it, is required (as that testimonie out of Ezech. 33. 14, 15, plainely sheweth) both a desisting from the practise of vsurie, and a restitution of p. 313that which hath beene gotten by vsurie with the harme of others. For the first: it is the expresse commaundement of God by the Apostle, Eph. 4. 28, Let him that stole, steale no more: and by Nehemiah more particularly in this case of vsurie, chap. 5. 10, Let vsus cease from this burthen, meaning vsurie: forsaking of sinne accompanieth forgiuing of sinne: He that confesseth his sinne and forsaketh it, shall hauehave merciemercy, Prou. 28. 13. Neither may we thinke that God remitteth those sinnes, which we our selues retaine. But this point needeth no proofe. If vsurie be a sinne, and we guiltie of it, our conscience telling vsus that it is a sinne, we cannot be saued, except this sinne be forgiuen vsus; and it will neuer be forgiuen of God, vnlesse also it be forsaken of vsus. Now vponupon this forsaking of sinne, will follow the second dutie of repentance, namely restitution, as a necessarie consequent thereof. Which restitution whosoeuer maketh not, being able to restore, he neither hath vnfained repentance for this sinne, nor any sound assurance of the forgiuenesse thereof. He hath not repentance: for he doth not forsake the sinne of theft and vsurie, that continueth in it; and he continueth therein, that doth not make restitution. For so oft as a man remembreth, that whatsoeuer he hath vnjustly gotten by vsurie or any other kind of theft, to the damnifying of others, is not his owne, but theirs whom he hath wronged, and yet refuseth (being able) to restore the same, so often he committeth theft.Si res alienae propter quam pec…atum est, cum reddi possit non redditur, non agi…u… poe…tentia, sed fingitur. Therefore Augustine sayth, That men doe repent indeed, but counterfeit repentance, if when they are able to restore other mens goods, wherein they hauehave offended, they doe not restore them. Zachaeus so soone as he repented him of his former life, promised restitution. Iudas hauing not true repentance, but onelyonly a remorse for his sinne,Luke 19. 8.Luke 19:8 not foreign but foreign, restored the thirtie pieces of money,Mat. 27. 3.Matt 27:3 for which he had betrayed his master.

But as he hath not repentance that maketh not restitution, if he be able, so neither hath he any sound assurance p. 314of remission. It is a true saying of Augustine, Non remitti peccatum, Epist. 54. ad Macedon.nisi restituatur ablatum, That the sinne is not remitted, vnlesse that which hath been vnjustly taken, be restored, namely, if the partie be able to restore: for whiles a man continueth in a sinne, he cannot beleeue the forgiuenesse thereof; and he continueth therein, vntill he make restitution. To restore, is to cease from doing wrong, therefore he that will 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 farre foorth. To whom? Surely to him that hath sustained losse or harme thereby, Leuit. 6. 5. Num. 5. 7, 8, that is, either to the vse of the debtour if he hath beene bitten, or to publicke and godly vses, if the commonwealth hath been endamaged.

When? So soone as thou desirest remission of thy sin, and reconciliation with God. For so the Lord hath expressely commaunded, Num. 5. 6, 7, 8. Leuit. 6. 2, 3, 4, 5, 6, 7, viz. that first the sinne must be confessed to God: secondly, restitution is to be made to the partie offended the same day that thou seekest reconciliation with God, if not before: and thirdly, a sacrifice was to be offred, &c. the equitie whereof remaineth vntounto vsus; that in the third place we should call vponupon God for the forgiuenesse of our sinne, desiring him for and by the sufficient sacrifice of Christ (which was prefigured by the sacrifices of the law) to forgiue our sinne. Many will seeme to seeke reconciliation with God, but neuer thinke of making amends to their brother offended. But our Sauiour Christ teacheth vsus another lesson, Matth. 5. 23, 24. For whereas the priests and Pharisies taught (as the Papists doe now adayes) that the sinnes of the people were expiated by those oblations, whereof they themselues had the profit. Our Sauiour Christ therefore affirmeth, That no man is reconciled vntounto God, or that his oblation is acceptable vntounto him, that seeketh not to satisfie his brother offended. p. 315If therefore (sayth he) thou bringest thy gift, that is, thy peace offering, whereby thou seekest reconciliation with God, and there remembrest that thy brother hath ought against thee, that is, that thou hast offended him and not made him amends, leaue thy gift there, and goe and first be reconciled to thy brother, and then come and offer thy gift.

How farre forth is this restitution to be made, that is, of what vsurie, and of how much? Not of mentall vsurie, where gaine for loane is intended only and expected: For howsoeuer that intent corrupteth the act of lending, yet it polluteth not the free gift of the borrower, which is voluntarily giuen in testimonie of thankfulnesse. And therefore it bindeth not the lender to restitution to bee made to the neighbour whom he hath not wronged, but to repentance towards God.

For the quantitie: so much at the least is to be restored as hath beene gotten by vsurie with the harme of others: or if the offendour 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 summe, and also adde a fift part vntounto it, Leuit. 6. 5. Num. 5. 7. And Zachaeus, Luke 19. 8.Luke 19:8to testifie his repentance, promiseth fourefold: that those men may know how farre they be from true repentance, who will restore nothing at all.

I am the briefer in this matter, because this doctrine of restitution is not peculiar to vsurie, but generally belongeth to all sorts of vnjust getting. If therefore any shall thinke 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 answere, the harder this doctrine seemeth to vsurers than to other theeues and robbers, the more desperat is their estate than of others. And this may be another argument to aggrauat the grieuousnesse of this sin, That wheras other theeues and robbers, if once they be discouered, acknowledge their fault, and are willing to p. 316make restitution, vsurers though conuinced of this sinne, yet stand in defence thereof, and thinke not themselues bound to make restitution.

But as we may not be guiltie of this sinne as principals, so neither as accessaries. For they are worthie of death not onelyonly that commit sinne, but also that consent thereunto, Rom. 1. 32. And this lesson concerneth either brokers or borrowers vponupon vsurie.

As touching brokers, there is no question, but if vsurie in it selfe be vnlawfull, then the practise of brokers and scriueners, which are factors for vsurers, as spies for theeues, is also vnlawfull and wicked: not onelyonly because they helpe the vsurer to rob his neighbour, and contriue the bargaine betwixt him and the debtour: but also because they hauehave many shifts and deuices to wring from the borrower a fee for themselues, as it were for their brocage, besides the vsurie which is to be allowed to the creditour.

But the greatest controuersie is concerning borrowers vponupon vsurie: for some doe hold, that all borrowing vponupon vsurie is generally and simply lawfull, affirming that the borrower vponupon vsurie neuer offendeth:Rainerius Pantheolog. tis. devsur. cap. 2. others contrariwise doe hold all borrowing vponupon vsurie to be generally and simply vnlawfull, as well as lending vponupon vsurie: others againe do hold, that borrowing vponupon vsurie is neither generally lawfull nor generally vnlawfull, but in some cases lawfull, and in some other vnlawfull; which assertion holding the meane, seemeth to bee true rather than either of the other, which run into contrarie extremities. The cases therefore are to be distinguished.

1. For first men borrow vponupon vsurie, either for necessitie, and so vnwillingly: or without necessitie, and so willingly. For necessitie, when a man (who is not to beg) must needs borrow for the supply of his want, and cannot borrow freely: For men who are able to repay▪ are not to beg or craue; and those who shall not in their p. 317owne opinion be able to repay, they are not to borrow: for borrowing impheth a promise of repaying, which promise a man ought not to make, vnlesse in his own purpose and persuasion he shall be both willing and able to performe it: for there is no necessitie of sinning, no outward inconuenience being so great, as to sinne. The first thing then required in borrowing vponupon necessitie, is, that the partie which borroweth shall be in his owne persuasion able to repay.

The second, that he be in present want, in respect of the necessitie either of nature, person, or state. Of nature, as when a man wanteth food or apparrell: of person, as when a man wanteth necessaries for his familie & charge depending on him: of state, as when a man wanteth present meanes for the maintenance of his credit and estate in that calling wherein God hath placed him; and consequently, for auoiding of discredit, or of some notable impairing of his estate.

The third, that it be not a sleight, but an vrgent necessitie.

The fourth, that the partie who is to borrow, hauehave no present meanes of his owne to supply his want. For he that hath meanes of his owne to supply his need, though it be by selling of any thing which he may spare, hath no vrgent necessitie to cause him to borrow.

The fift and last is, that being by vrgent necessitie forced to borrow, he cannot borrow freely: and therefore for auoiding of a greater inconuenience, is faine to yeeld to a losse.

Without necessitie men do borrow vponupon vsurie, when there is no necessitie that they should borrow; either first because they cannot borrow without sinne, as when they cannot persuade themselues that they shall be able to repay: or secondly, because they be not in want, and therefore borrow not for need, but either for pride, for ryot, or for couetousnesse: for the satisfying of any wherof, there p. 318is no necessitie: or thirdly, because it is no vrgent but a sleight necessitie, which may easily be either auoided or vndergone: or fourthly, because they hauehave present means of their owne, whereby their want may better be supplied: or fiftly and lastly, when they may (if they will be so much beholden to others) borrow freely.

2. The second distinction, which after a fort is implied in the former, is, that men borrow either for good and lawfull causes, or for bad and vnlawfull purposes. For there is no necessitie of borrowing for wicked and sinfull respects.

3. The third, that vsurie is either offered by the borrower, or imposed by the lender. And that it is offered either at the first, or after the lenders plaine deniall or pretended excuses.

4. The fourth, that men borrow vponupon vsurie, either with assurance of future means to heale the biting of vsurie without the injurie of others, or impouerishing of themselues, or without any such assurance.

5. The fift, that the necessitie whereupon men borrow, is either contracted and drawne vponupon themselues by their own default: or else it is a blamelesse necessitie.

By helpe of these distinctions it will not be hard to cleare this controuersie, which otherwise is very intricat. For hereby it wil appeare, that neither all borrowing vponupon vsurie is to be allowed, nor all generally to be condemned.

For against the former assertion, which alloweth all borrowing vponupon vsurie, we are to hold, that the borrower vponupon vsurie offendeth either first, when he borroweth without necessitie; or secondly, to ill purposes; or thirdly, when he induceth the lender to lend vponupon vsurie; or fourthly, when in respect either of the time to come he shall not hauehave meanes to cure the wound which vsurie hath made, without doing wrong to others, or impouerishing himselfe; or fiftly of the time past, when as p. 319through his owne former default he hath brought himselfe into this necessitie. For although his necessity when he is once in it, may excuse his borrowing, being rightly qualified according to the foure former distinctions, yet his fault in drawing vponupon himselfe wilfully or negligently this necessitie, cannot be excused.

But these fiue points need further explication. First therefore I say the borrower offendeth, who borroweth vponupon vsurie without necessitie in any of those fiue respects before mentioned, that is, if either he find himselfe vnlike to repay that which he borroweth, or if he be not in want, or if his necessitie be not vrgent, or because he hath sufficient meanes of his owne, or if he might borrow freely if he would.

For as touching the first: On those who hauehave no good hope or assurance that they shall be able to repay, the Lord hath not laid a necessitie to borrow, and much lesse vponupon vsurie, but to seeke releefe by other lawfull means: for although the vsurer deserue to be deceiued, and by the auncient lawes of this land, it hath bene decreed that it should be no fault to deceiue an vsurer; to which purpose Plato prouided also by law,5. de Legib foreign. that it should be lawfull for the debtour when the creditor hath lent vponupon vsurie, to pay neither the vsurie nor the det: yet I do not see how a man can with a good cōscience borrow, & in borrowing promise the repayment of that which he purposeth not to repay, especially seeing the holy Ghost maketh it a note of the wicked,Psal. 37. 21.Ps 37:21 to borrow that which they neuer meane to restore.

As touching the second and third: they offend as accessarie to the sinne of the vsurer, who borrow vponupon vsurie without necessitie, yea without vrgent necessitie: for such, hauing no vrgent necessitie to compel them to borrow, do willingly borrow vponupon vsurie, and voluntarily consent to the vsurers sinne. Now this is the sentence of the holy Ghost, that they are worthie of death, not onelyonly p. 320who commit sinne themselues, but also willingly consent to the sinne of others, Rom. 1: Rom. 1. 32.Rom 1:32and therefore he hath giuen vsus in charge, to hauehave no fellowship with the vnfruitfull workes of darkenesse, but rather to reprooue them, Ephesians. 5.Eph. 5. 11.Eph 5:11

Such are they who borrow not for any great need, but for pride, riot, or couetousnesse.

For pride and ostentation: as those who desiring to seeme better and wealthier than they are, refuse to containe themselues within the compasse of their calling and estate, but desiring to beare an higher saile in respect of their diet, apparell, familie and port, take vp money vponupon vsurie: but such persons sinne, first, in respect of the vsurer, to whose sinne they make themselues accessarie; seeing there is no necessitie why their pride and vanitie should be satisfied. Secondly, in respect of themselues, offending against the rules of frugalitie and thrift: for whiles they desire to seeme rich, they become poore, vsurie conuerting their substance into debt.

For riot: as those who being addicted to gaming or to other pleasures, as whoredome, drunkennesse, bellycheare, and such like, take vp money vponupon vsurie, that there may not want matter either to maintaine their gaming, or nourish their pleasures; for such men, so they may hauehave present money to satisfie their lust, they care not vponupon what conditions they procure it. But as these are of all borrowers vponupon vsurie the most foolish, so those which lend vntounto them to these vses, are of all vsurers the most wicked; and either of them is accessarie to the others sinne. The riotous person to the sinne of the vsurer, wherunto he voluntarily and without any necessitie consenteth at the least, if also he doe not mooue and induce the lender thereunto. The vsurer not only to the borrowers riot, whereunto he affoordeth matter, but also to his vtter vndoing, which he furthereth not onelyonly as an accessarie, but as a principall also.

p. 321Wherefore these two sorts of men, I meane the proud and riotous persons, they are to be dissuaded from their sinne by this argument among many others, That besides their owne sinnes, which are too heauy for them to beare, they make themselues accessarie to the sin of the vsurer. For as Plutarch sayth well, foreign, delicacie, riot, and excesse hath set vp vsurers. For if these men would liue soberly and frugally according to their calling and estate, and would cut out their garment (as we say) according to their cloth, they should not need to flie to the vsurer. Wherefore as others when they be in the vsurers danger, flie to sanctuaries; so to preuent this danger, the best course for these men were, to make vntounto themselues a sanctuarie of frugalitie, as Plutarch speaketh.

Lastly for couetousnesse, as those which seeke to enrich themselues by borrowing vponupon vsury. And this their▪ couetousnesse, for which they borrow, is commonly joyned either with oppression and hard dealing, or with hypocrisie and dissembling, or with deceit and cousenage. Some therefore borrow for couetousnesse joyned with oppression and hard dealing: and of this kind there be diuerse sorts. First, those who borrow money vponupon moderat vsurie, that they may put it forth againe vponupon griping vsurie: a generation of men not so much to be confuted by a minister, as punished by the magistrat. Secondly, such tradesmen as hauing set downe with themselues, that they will be rich; 1. Tim. 6. 9.1 Tim 6:9and being therefore not content to traffique with their own stocke, to the intent they may compasse great matters, and perhaps that they may play the engrossers, they take vp money vponupon vsurie: But these men offend, first, in maintaining the vsurer, and consenting to his sinne; secondly, by making the buyers pay their vsurie; thirdly, by inhaunsing the prices of such commodities as they …ell, as before hath beene shewed. But as these men consent to the sinne of the vsurer, so is the vsurer also accessarie to their oppression of the buyer; p. 322and both of them conspire to the robbing of the commonwealth.

Thirdly, those which borrow money on vsurie to purchase lands or houses: for besides that they offend in maintaining the vsurer and consenting to his sinne, in buying lands with money borrowed vponupon vsurie, either they ouerreach the seller, taking aduantage of his want, or by racking of their rents, make their tennant pay the vsury; or themselues must liue by the losse, if buying lands after twentie yeares purchase, and so receiuing after fiue in the hundred, themselues doe pay after ten in the hundred; or else they must abate so much of their hospitalitie and housekeeping to the hurt of the poore, and perhaps betake themselues to some corner in a citie, where they may liue priuatly and obscurely, as if they were born only for themselues.

Againe, there are which borrow for couetousnesse, joyned with hypocrisie and dissembling: as those which being indeed rich, doe borrow vponupon vsurie, that they may seeme poore, and seeming poore, may auoid the communication of their goods, either to the publicke vse of the Church, as in contributions, or of the commonweale, as in subsidies and taxes, or to the priuat necessities of their brethren. Would you borrow of them? alas, their estate is such, as that themselues are faine to borrow, and that vponupon vsurie. Thus besides their wilfull communicating with the vsurer in his sinne, they offend through couetousnesse and hypocrisie.

But the most wicked sort of borrowers are those which borrow for couetousnesse, joyned with deceit and cousenage. A generation of men in these dayes, who neuer minding to repay, borrow, or otherwise take vp on trust, they care not how much, nor vponupon what conditions; and when their credit will extend no further, they become voluntarie bankrupts; and by that meanes forcing their creditors to take a third or fourth part of their debt, they p. 323enrich themselues with other mens goods: the most vile and basest cousenage that euer was practised. And thus we hauehave heard the three first cases, wherein men borrow without necessitie.

The fourth is, when men hauehave sufficient and conuenient meanes of their owne to supply their want. And I call those conuenient meanes, in this case speaking by comparison, which would not bring a losse vponupon vsus much greater than the biting of vsurie. For whiles a man hath meanes of his owne, he ought not to borrow of others, and much lesse vponupon vsurie. Wherefore Plato would hauehave it prouided by law, That no man should fetch water from his neighbours well, vntill himselfe had digged vntounto the potters earth. The Scripture alwayes speaking of loane, presupposeth the borrowers want. Why therefore doest thou goe to the vsurer, seeing thou hast in thine owne store a remedie against thy necessitie? thou hast plate or other stuffe which thou mayest spare, yea thou hast some lands, which thou mightest better sell than borrow vponupon vsurie. Againe consider, that to be in state to borrow,Deut. 28. 12. & 44. & 15. 6.Deut 28:12Deut 28:44Deut 15:6 it is a crosse, but to borrow vponupon vsurie, and so to fall into the vsurers nets, it is a curse, which we should not be hastie to draw vponupon vsus,Psal. 109. 11.Ps 109:11 vnlesse it be for auoiding of that which is a greater curse.

The fift and last case is, when men borrow vponupon vsurie, who might if they would borrow freely. Yea, but I had rather (sayth one) giuegive ten in the hundred, than make my selfe so much beholden to any man. Why, but thou professest thy selfe when thou borrowest, much beholden to the vsurer, and so art, vnlesse thou dissemblest; and wilt thou be beholden to him rather than to thy friend? or if thou wilt be no more beholden to thy friend than to him, why maiest thou not giuegive to him voluntarily as much one way or other, as thou wouldest to the vsurer vponupon couenant? But this euidently sheweth, that thou chuse…t rather to giuegive another man occasion of sinning by the practise of p. 324vsurie, than to giuegive thy friend occasion of well doing by exercising his liberalitie: and therefore canst not by any meanes excuse thy selfe from a wilfull consenting to the vsurers sinne. Neither mayest thou hope to bee exempted from partaking in the vsurers punishment, if thou wilt be partner in his offence. Thus then he offendeth who borroweth vponupon vsurie without necessitie: and that offence reacheth also to those, who without necessitie borrow vponupon vsurie, though not directly, when as they taking vp of wares vponupon trust, doe pay the dearer for the time.

The second point wherein a borrower vponupon vsurie may offend, is, when as he taketh vp money to ill purposes: as when he borroweth to maintaine his vnlawfull gaming, to nourish his vnhonest pleasures, to execute his couetous designes, &c. for if it be not lawfull to doe ill that good may come thereof;Rom. 3. 8.Rom 3:8 much more is it vnlawfull to doe ill, that euill may come thereof. And therefore he which borroweth for any ill purpose, he sinneth not onelyonly in borrowing as an accessarie to the vsurers sinne (accessarie, I say, because he willingly consenteth thereto; and he consenteth willingly, because there is no true necessitie of borrowing to an ill purpose) but also he sinneth in that for which he borroweth: and besides the vsurers sinne to which he is accessarie, he addeth another of his owne, wherein he is principall.

The third thing wherein the borrower vponupon vsury may sin, is, if he induce the lender to lend vponupon vsurie, who either would hauehave lent freely, if it were needfull, or if it were not needfull, would not hauehave lent at all: for he which induceth another into any sin, which otherwise he were not willing to hauehave committed, seemeth of the two to sin the more fearefully: as the serpent which tempted Eue, and as Iezabell who prouoked Achab. But that it may appeare, when the borrower induc…th the lender to vsury, & when not, we are to remember the third distinction before mentioned. p. 325For it is one thing for the borrower to offer vsurie of his owne ac…ord, and another to yeeld vntounto it vponupon necessitie, being imposed by the lender: for he that doth onelyonly yeeld to vsurie vponupon necessitie, being imposed on him by the lender, cannot truly be said either to induce the lender vntounto vsurie, or willingly to consent thereto. Againe, there is difference to be made, whether a man that would borrow, offer vsurie at the first motion of borrowing, or after the other parties refusall whom he desireth to lend: For seeing in a case of vrgent necessitie, it is a greater sinne for him that is of abilitie not to lend at all, than not to lend freely; therefore he who being in vrgent necessitie, intreateth an able man who hath refused to lend at all, that he would lend though it be vponupon vsurie, cannot truly be said, either to induce him into sin, or willingly to consent thereto: for he doth not induce the lender into sinne, when onelyonly he intreateth him to auoid the greater sinne; neither doth he willingly consent to that, which he maketh choise of onelyonly as the lesse euill. As for example, a man being diseased with some dangerous sicknesse, commeth to a Phisition to be cured, promising an equall reward: the Phisition refuseth to meddle with him; the partie being in this extremitie, offereth the Phisition ten times the value of his cure, so he will not refuse to heale him: to refuse the cure altogether, is in a case of extremitie, the greater sinne in the Phisition; this therefore the sicke partie desireth him to auoid: to pay an vnreasonable fee, is a lesse euill to himselfe, and therefore that he maketh choise of. Suppose a man vponupon the way to faile vnderunder his burthen, or to bee in any other distresse (as wee are subject to many casualties) nay, suppose a mans horse or cart to be ouerthrowne, and himselfe not able to relieue himselfe or his cattell; therefore another able man passing by, who both could and ought to succour him in this case, he intreateth his helpe: the partie churlishly refusing p. 326his aid, he offereth him that which is tenne times more worth than his labour, so that he would not refuse to helpe him in his need. In like case, a man being in great need, and readie to faile vnderunder the burthen of his present want, commeth to an able man, who both could and ought to relieue him, and intreateth him to lend him twentie pounds: the partie vnchristianly refusing, hee sayth, Sir, if you will lend me this money in my need, I will make you allowance according to the statute. Why this borrower should be accessarie to the sinne of vsurie, and not the other distressed persons accessary to the sinne of oppression and extortion, as indeed they are not, I cannot conceiue. But if at the first motion thou offerest vsurie to the lender, thou inducest him vntounto vsurie: and whatsoeuer thy case be, thou art accessarie to his sinne. But you will say, he is a knowne vsurer: of whom if I do but aske to borrow freely, I shall be sure not to borrow at all. Answer. Thou knowest not how God may moue and incline his heart to thee: and it may be, that if not in regard of thy need, yet in regard of thy friendship, or thy friends, or some other respect, he will not reject thee. Why but he is a notorious vsurer alreadie, and therefore my motion will not induce him to be an vsurer. Distinguish betwixt the habit and the act: though thou doest not induce him to be an vsurer, yet thou inducest him to commit an act of vsurie: euen as a whoremonger alluring a common harlot to follie, though he doe not induce her to be a whore, for that she is alreadie, yet hee induceth her to the actuall committing of whoredome.

The fourth case, wherein borrowers vponupon vsurie may offend, is, when they hauehave no good assurance of any future meanes to repaire the losse which vsurie inflicteth, without either the damnifying of others, or impouerishing of themselues. In respect of others therefore they offend, when as they purpose to make other men pay their vsurie: As he which borroweth money vponupon vsurie, p. 327with purpose to put it forth at an higher rate, or that buyeth wares either vponupon trust, and so payeth the more, or with money borrowed vponupon vsurie, with purpose to pitch his prices so, as that he will gaine sufficient both for himselfe and the vsurer too, and thus becommeth an hurtfull member to the commonweale: or buyeth lands with money borrowed vponupon vsurie, meaning so to racke his rents, as that his poore tennants must pay his vsurie, and so becommeth an oppressor of others.

In respect of themselues, they offend when as they know no good meanes to cure the wound which the biting of vsurie will make: but first borrow of one, and then to satisfie him, of another, and so of a third, &c. the debt in eueryevery change of the creditour being increased one tenth part, vntill at length vsurie hath consumed their whole estate. Vnlesse therfore thy commings in do so much exceed thy expences as thy vsurie commeth to, assure thy selfe, the longer thou borrowest vponupon vsurie, the more will be thy want. Neither mayest thou thinke, by changing thy vsurious creditors to better thine estate: for it fareth with such a man as with him who sticketh deepe in the myre and clay, who lifting vp the one leg, in hope to get out, thrusteth the other the deeper in, and then to get out that, shifteth to the other, but the oftener he shifteth, the deeper he plungeth himselfe: or, that I may vse Plutarch his similitude, it happeneth to them who change their creditours, as to a man, which being fallen into the dirt, turneth himselfe vp and downe; for the more he turneth, the more is he bedirted. If therefore thy future meanes are not like to be better than the present, extend thy present meanes to the vttermost, for the supply of thy want, and where they be defectiue, acknowledge thy want, and stand to the fauour of others. For if thou canst not beare a lesse burthen, now when thine estate is better, how wilt thou beare a greater, when thine estate shall be weaker than now it is? Well therefore p. 328maiest thou vse that rediculous prouerbe which Plutarch mentioneth, foreign, I am not able to beare a goat, lay on me an oxe.

The fift and last thing wherein borrowers vponupon vsusurie do sometime offend, is when the necessitie whereupon they do borrow, is not a blamelesse necessitie, but drawne vponupon themselues through their owne default, as by riot, or any excesse, or through negligence, or improuidence: For although their borrowing vponupon such a necessitie may be excused, if they do not induce the lender to commit vsurie, &c. yet they cannot be excused for casting themselues into that necessitie.

Their assertion therefore which hold all borrowing vponupon vsurie to be lawfull, is by no meanes to be retained, seeing it is manifest that borrowers may and often doe offend so manie wayes. Neither may it be hoped that vsurers will make conscience of lending vponupon vsurie, vntill men hauehave learned to make conscience of borrowing vponupon vsurie.

Now we are to proceed to the other contrarie assertion, which affirmeth generally all borrowing vponupon vsurie to be vnlawfull: for although I must confesse, that I neuer read any author either Papist or Protestant, new or old, that maintaineth this assertion, yet for as much as I vnderstand it to be the priuat assertion of some well disposed persons, who are worthie to bee loued and reuerenced, and whose arguments are worth the scanning, I will therefore somewhat insist vponupon this point.

But first you are to remember, that I doe not justifie borrowers vponupon vsurie, vnlesse themselues and their borrowing be qualified according to those fiue points which before I recited: for although the borrower is to be condemned which faileth in any one of those fiue, yet he is not to be approued or excused, vnlesse there be a concurrencie of them all: namely, vnlesse he borrow, first, vponupon vrgent necessitie and not otherwise; secondly, for p. 329good and lawfull purposes; thirdly, without inducing the lender vntounto the sinne of vsurie; fourthly, hauing future meanes to repaire the losse which by vsurie he sustaineth, and that without endamaging or wronging others; fiftly, his necessitie whereon he borroweth, being not drawne vponupon himselfe by his owne fault, but being a blamelesse necessitie. Which fift point I added, as required to the justifying not of the act of borrowing vponupon vsurie, but of the person of the borrower; for the act of borrowing, without it may be excused, so the other foure do concurre therein: but the person of the borrower cannot be cleered, who by his default hath pulled vponupon himselfe that necessitie: That therefore sheweth, that howsoeuer it may be lawfull to borrow on vsurie in a case of vrgent necessitie, yet men must take heed that they doe not through their owne default cast themselues into this necessitie.

But let vsus consider the arguments which may be objected against this truth; by answer whereunto, it shall appeare, that there are no Scriptures nor sound reasons against it, but Scriptures and reasons for it.

First therefore it may be objected,Obiect. 1. that there is no warrant in the word of God for borrowing vponupon vsurie, and therefore that it cannot be done in faith: and whatsoeuer is not of faith is sinne.

Answer. Many things are contained in the Scriptures which are not expressely mentioned in the Scriptures, as verie many other particulers besides this in question; which notwithstanding may all be proued lawfull by just and necessarie consequence out of the Scripture: as for example, Where the generall is acknowledged to be no sinne, there also the specials which are contained vnderunder the same, are warranted. Thus therefore I argue.

To be oppressed is acknowledged in the Scriptures to be no sinne.

To borrow vponupon vsurie in case of vrgent necessitie p. 330(with such cautions as before I specified) is to be oppressed.

Therefore to borrow vponupon vsurie in a case of vrgent necessitie, is acknowleded in the Scriptures to be sinne.

The proposition I prooue, because the Scripture promiseth mercy to them that are oppressed, whether by vsurie, or taking of pawnes, or by any other meanes, as Exod. 22. 23. 27. To be oppressed therfore is a thing not reproued of God, but pitied.

If you shall reply, that the proposition is to bee vnderstood of those who are oppressed wrongfully and against their wil, which cannot be verified of those which borrow vponupon vsurie: I answer, that whosoeuer is oppressed, is wrongfully oppressed and against his will: for there is no oppression but it is wrongfull, neither can a man be oppressed but against his will: for vol…nti non fit iniuria, he that is willing, is not oppressed. The proposition therefore is generally true. It may be therefore that you will alledge against the assumption, That he which borroweth vponupon vsurie is not oppressed, because he is willing to borrow vponupon vsurie, yea and so willing that he seeketh to the vsurer, and intreateth him to lend, offering to giuegive him consideration according to the statute, that is to say, vsurie.

I answer, he that borroweth vponupon vsurie in a case of vrgent necessitie, with such cautions as before hauehave bene specified, doth yeeld to vsurie against his will, yea although he both offer and promise it: For in cases of vrgent necessitie, men seeme many times willing to that which is indeed against their will. When a man is in danger of shipwracke, as before I hauehave shewed, how will he bestirre himselfe to vnlade and lighten the ship, and with such earnestnesse cast his goods into the sea, that he may seeme to be very willing to be rid of them: and yet the thing which hee willeth, is not the casting away of his goods, but the safetie of his life: To cast away his goods p. 331he is simply vnwilling, and yet against his will vponupon a conditionall necessitie he seemeth willing to do it. Or (to come neerer the question in hand,) A needie man desirous to borrow, which without giuing securitie he cannot obtaine, bringeth forth a pawne to the creditor (who by the law might not enter into the borrowers house to take it) but such a pawne as indeed he cannot spare,D…ut. 24. 10. but his necessitie is such that hee offereth it, and bringeth it forth, deliuereth it to the creditor to be kept as a pawne, vntill he restore the money borrowed: notwithstanding the creditor if he receiue this pawne and keepe it, he oppresseth the borrower,Exo. 22. 26, 27.Exod 22:26Exod 22:27 and the borrower is oppressed:Deut. 24. 6, 10, 11, 12, 13.Deut 24:6Deut 24:10Deut 24:11Deut 24:12Deut 24:13 For indeed he was not willing to giuegive that pawne which he could not spare,Ezek. 18. 7. 12.Ezek 18:7Ezek 18:12 but his necessitie for the auoiding of a greater mischiefe made him seeme willing to that wherunto he was simply vnwilling. In like case a mā compelled by vrgent necessitie to borrow, and being not able to borrow freely, offereth to his creditor, who otherwise will not lend, consideration after tenne in the hundred; this creditor if he shall lend vponupon this couenant, or require this consideration, he oppresseth the borrower, and the borrower is oppressed: For this borrower was no more willing to pay vsurie than the other was to giuegive his pawne, but his necessitie for auoiding a greater inconuenience, made him seeme willing to that, whereunto simply he was vnwilling.

The assumption therefore may be proued by this vnanswerable argument.

He that lendeth vponupon vsurie to him that borroweth for vrgent necessitie, oppresseth the borrower:

Therefore he which borroweth vponupon vsurie for vrgent necessitie, is oppressed, and that as I hauehave shewed, both wrongfully and against his will.

Againe, the like case are warranted in the word of God, and by the law and light of nature: for why may I not giuegive vsury, or promise to giuegive it in my necessitie? you p. 332will say, because the lender cannot take it without committing a sinne, which the Lord hath forbidden vnderunder paine of damnation. If then I shew that in cases of necessitie, one man may offer that to another which the other without committing a damnable sinne cannot receiue, then is this question prooued by an argument of equals. Suppose then a man fallen into the hands of robbers and murderers, to whom he promiseth for the safegard of his life to giuegive them not onelyonly that which is about him, but also such a summe of money besides: as the ten men mentioned, Ier. 41. 8, offered to Ismael and the cut-throats that were with him, such treasures as they had in the field for the safetie of their liues: Or suppose a man being in sicknesse or hunger, to offer ten times the value of the meat or medicine which he needeth, to a greedie cormorant that will take no lesse for the same. If you say these cases of necessitie concerne a mans life, and it is not to be doubted but that a man may giuegive all that hee hath to saue his life: it is true indeed, but yet a man may not sinne to saue his life. May I not sinne to saue my life, and may I giuegive for the safetie of my life that to another which he cannot receiue without a more haynous sinne than the sinne of vsurie, as in these cases euen now specified? then it is apparant that in a case of necessitie, a man may lawfully offer and giuegive that to another which the other cannot receiue without committing of such a sinne as the Lord hath forbidden vnderunder paine of damnation. And this is true not onelyonly in those cases that so neerely touch a mans life, but in all other cases of necessitie. A poore man hauing need to borrow, and not being able to borrow without giuing such a pawne as he cannot spare, is by his necessitie compelled to deliuer that pawne,Exo. 22. 26▪ 27.Exod 22:26Exod 22:27 which the lender cannot receiue and keepe without committing a damnable sinne.Deut. 24. 6. 22.Deut 24:6Deut 24:22 And that he may lawfully giuegive such a pawne,E…ech. 18. 12. when his necessitie is such as that he may much better want that pawne, than be without that which he p. 333would borrow, there is no question: for the children of God and such as are noted to hauehave feared God, when other pawnes hauehave failed, hauehave bene faine to bind ouer their sonnes and daughters to their creditors.2 King 4. 1.2 Kgs 4:1 If my house be in danger to fall presently without the carpenters helpe,Nehem. 5. 2. 5.Neh 5:2Neh 5:5 my cattell being diseased or hurt, in danger to miscarie without present cure; my corne or hay lying abroad in daunger to be spoiled vnlesse presently it be inned; or if any such other casualtie happen wherein there is necessitie of present helpe; is it not lawfull for me to giuegive, yea to offer and promise to such vnconscionable men, as taking aduantage at my necessitie will not otherwise helpe me, six or seuen times the value of that which in equitie were due vntounto them: and yet it cannot be d…nied but that eueryevery one of these doth sinne worse than the vsurer.

I will add onelyonly one other instance which will make this matter euident. Suppose I want food or apparell, or any other necessaries for myselfe, or those that belong to me, and that also I want present money to buy that I need, and present meanes whereby to make readie money; I am forced therefore to take it vp on trust for three or six moneths, according as I shall be able to make payment: The partie which selleth these commodities, because he is to giuegive day of payment, he will not let me hauehave that vnderunder eleuen shillings which he would sell for ten shillings of present money: Well, my necessitie is such as I had rather giuegive twelue shillings, perhaps twenty shillings than not buy that which I came for: may I in this case of necessitie lawfully promise to pay at the end of six moneths eleuen shillings for that which of present money is worth but ten shillings? as I thinke no man can truly denie: and may I not as lawfully in a case of no lesse necessitie promise to the lender after ten in the hundred? Will you heare? this partie which selleth thus much the deerer for time, lendeth vponupon vsurie, as I proued p. 334before, and that after twentie in the hundred: therefore this buyer borroweth vponupon vsurie, which by this example appeareth in a case of necessitie to be lawfull.

But you will alledge in the second place,Obiect. 2. that all borrowing vponupon vsurie is condemned in the Scripture. I answer, that all lending vponupon vsurie is indeed condemned in the Scripture, but that all borrowing vponupon vsurie is condemned, it cannot bee prooued out of the word of God.

It may be you will alledge Ierem. 15. 10. and Esay. 24. 2. In the former place the Prophet Ieremie professeth of himselfe (as some translations read) that neither he had lent vponupon vsurie, neither had they lent to him vponupon vsurie.

Answer. Suppose that the Prophet did indeed speake of lending and borrowing vponupon vsurie; yet hereof it would not follow, that therefore all borrowing vponupon vsurie is vnlawfull: it may not be doubted but that there are many things lawfull either of themselues, or at lest in cases of vrgent necessitie, which the Prophet Ieremie neuer practised. It may be that he might as truly hauehave said, I neither**For his purchase of the field in Anathoth, was afterwards Chapter 32, and then not vnd…rtaken by him of his owne accord, as a worldly contract for his own profit, but enioyned of the Lord, as a type and assurance of the restitution of the I…wes after the… captiuitie, verse 7, 8▪ 15, 43, 4…. bought of them nor sold to them, I neither lent to them vponupon pawnes or other securitie, neither hauehave I borrowed of them vponupon securitie. Would it therefore from hence follow, that all buying and selling, all lending and borrowing vponupon securitie is vnlawfull? Yea but the Prophet disclaimeth the practise of lending vponupon vsurie, as a thing vnlawfull, therfore the like is to be vnderstood of borrowing vponupon vsurie. The Prophet abstained indeed from lending vponupon vsurie, because it was vnlawfull, but thereof it doth not follow, that therefore he abstained from borrowing also, because it was simply vnlawfull. It may be, he had no need to borrow vponupon vsurie: and therfore that had beene vnlawfull to him, without necessitie, which in a case of vrgent necessitie is lawfull to another. But the Prophet indeed, if he speake of vsurie at all, disclaimeth both lending and borrowing, not as vnlawfull p. 335things, though to him both of them had beene perhaps vnlawfull, but as occasions of contention. For the purpose of the Prophet is to shew the contentious disposition of the people, who contended with him that had giuen them no occasion of contention; which he prooueth by these two particulars of lending and borrowing (whether freely or vponupon vsurie) which are the most vsuall occasions of suits and contentions among men: therefore the Prophets meaning was not to professe, that he had done no vnlawfull thing, but that he had giuen the contentious people no occasion of contention.

But what if the Prophet speake not of vsurie at all in this place, as indeed he doth not, but onelyonly of ciuile lending vponupon securitie, that is, when a man lendeth with purpose to exact againe that which he lendeth. The verbe Nashah which here is vsed (as heretofore I hauehave shewed) signifieth in this argument exacting that which a man hath lent, or lending with purpose to exact that which is lent. Neither is there any necessitie that we should vnderstand the word in any place where it is vsed in the Scripture of lending vponupon vsurie. Howbeit, the word Nosheh, which signifieth an exactour, sometimes is vnderstood of the vsurer, because he of all creditours is the greatest exactour. And because the vsurers aboue all others will be sure to lend vponupon securitie, purposing to exact not only their owne but also an ouerplus, therefore some translatours vnderstand the word (which signifieth no more but to exact, or to lend with purpose to exact) of vsurious lending. Thus R. Dauid Kimhi, vnderstandeth this place of lending in generall.Lib. Radic. Thus Tremellius and Iunius translate,The Greeke: foreign. Non dedi mutuum neque mutuo dederunt mihi, or as some vnderstand the place, I am not in debt to them, nor they to me. Neither ought that to trouble any, that the Latine translation hath the word foenerare, or other Latin authours that follow it; for both in it and them the word foenerare is often vsed in the sence of free lending, as appeareth p. 336by these places, Deut. 15. 6. & 28. 12. 44. Prou. 19. 17. & 22. 7.As those which c…me from Gnaba…, and Lauah. where the Hebrew text and other translations hauehave those words, which signifie free lending: as also Luke 6. 34, likewise Ecclesiast. 29. 1. 2. Out of which places it is euident, that as the word foreign in Greeke authours, so foenerare and foenerari in Latine translations (which also may be said of diuines who hauehave written in Latine) are more often vsed in the signification of free lending, than of lending vponupon vsurie. And euen in this place where the Prophet sayth, Non foeneraui, according to the Latine, Ly…anus expoundeth it thus, i. Non commodaui, I hauehave not lent. But you will say, Where Nashah is construed with the preposition foreign, as in this place, it signifieth lending vponupon vsurie. No such matter. Indeed some Hebrew writers hauehave imagined, that Nashah simply signifieth to borrow; but with the preposition, to lend; and so expound and read this place, I hauehave not borrowed, neither hauehave they lent to me; that is, I neither sought to borrow of them, neither did they lend to me of their owne accord. But the truth is, that Nashah signifieth to lend, and where foreign is added, it is a note (as the English to) of the Datiue case, hauing reference to the partie which borroweth,Nos…im Bahem. as Nehem. 5. 10. I and my brethren (sayth Nehemiah) lend to them mony and corne: vnlesse we will with my aforesaid English author absurdly affirme, that Nehemiah and his followers did lend to their needie brethren vponupon vsurie. Or if I would in like sort vrge the signification of the word Nosh…h (which is more often vsed to signifie an vsurer, than the verbe Nashah to lend vponupon vsurie) I might bring a manifest example out of the Scriptures of a man which feared God to prooue the lawfulnesse of borrowing vponupon vsurie, which the Prophet Elisha was so farre from condemning, that he helped the widdow of that partie by miracle to pay her debt, and as the Greeke translation hath foreign, the vsurie, 2. King. 4. 1. 7.

The place therefore in Ieremie is thus to be read I ha…e p. 337not lent (meaning the ciuile kind of lending vponupon securitie, for so much the word signifieth) neither hauehave they lent to me. And therefore as I hauehave no cause to contend with them, besides the duty of my calling in striuing against their sinnes, so neither hauehave I giuen them any occasion to contend with me, and yet I am a man of contention and strife to the whole land, (which may be vnderstood both actiuely in respect of their opinion of him, and passiuely in respect of their behauiour towards him) and euerie one doth curse me.

And as this translation doth best expresse the force of the Hebrew text, so doth it best fit the scope and purpose of the Prophet, which is to shew the vntoward disposition and contentious behauiour of the people towards him; who when as he neither cōtended with them about any worldly affaires, nor yet gaue them any occasion to contend with him (he had neither lent nor borrowed, he did neither meddle nor make in any worldly dealing or traffique with them, from which contentions vsually arise among men) yet they contended with him, and judged him a contentious man, and for that cause cursed him. But the signification of vsurie is not so fit, for the Prophet meaning as I sayd to set forth their vntoward and contentious behauiour towards him, would signifie that he had giuen them not onelyonly no cause, but not so much as any occasion of contention and hatred: for although he had not dealt by vsurie with them, nor any way wronged them, but yet had otherwise intermedled with them by ciuile lending and borrowing, or other worldly affaires, they might hauehave had though no just cause, yet diuerse occasions of contending with him: neither was vsurie so vsuall among the Iewes, as that he should mention it as the vsuall and ordinarie cause of contention among them. And thus much I hope may suffice for answer to that allegation out of Ier. 15. 10.

The other testimonie is out of Esay 24. 2: where the p. 338Prophet hath these words, as some translations read, Like lender like borrower, like giuer like taker to vsurie.

But this allegation, though it did speake of lending and borrowing vponupon vsurie (as I hauehave shewed there is no necessitie to graunt so much, seeing the words may thus be read, the exactour, as he of whom he doth exact) yet it would prooue nothing concerning this controuersie: for there the Lord threatneth such a confusion of all estates, and ouerturning of the commonweale, that all men of dignitie and abilitie being bereaued of that which they had, and so made equall with them of low degree and poore estate, the people should be as the priest, the seruant as the master, the handmaid as the mistresse, the buyer as the seller, the lender as the borrower, the exactour or vsurer, as he of whom he exacteth.

And thus much concerning the testimonies of Scripture. 3Now let vsus consider what other reasons may be alledged against borrowing vponupon vsurie.

1. As first, that lending and borrowing vponupon vsurie are relatiues, and therefore if to lend vponupon vsurie be vnlawfull, it cannot be lawfull to borrow vponupon vsurie.

I answere as before, that relatiues are not alwayes of the like nature and qualitie: for to offer wrong and to suffer wrong, to oppresse and to be oppressed, are relatiues; and such relatiues are to lend vponupon vsurie, and to borrow vponupon vsurie through necessitie: for to lend vponupon vsurie to him that borroweth for vrgent necessitie, it is to offer wrong, and to oppresse: therefore he which vponupon necessitie yeeldeth to pay vsurie, doth suffer wrong, and is oppressed.

Thus therefore I may reason from the light of nature, as before I did from the Scripture.

To suffer wrong is not sinne.

The borrower which vponupon necessitie yeeldeth to pay vsurie, doth suffer wrong. Therefore he doth not sinne therein.

p. 339The proposition is an axiome of Aristotles in his Ethicks, where proouing,Eth. 5. c. 11. that it is a lesse euill to suffer injurie than to offer injurie, he setteth downe this principle, foreign. To be wronged or to suffer injurie, is without sinne and vnjustice.Eth. 5. c. 5. foreign. And in another place he sayth, That just dealing is a meane betwixt offering injurie and suffering wrong, the one is to hauehave too much, the other too little. But yet (sayth he) justice is a mean not as each other morall vertue is, a meane betwixt two contrarie vices; but as a meane betwixt too much and two little, that is to say, as an equalitie: from which whosoeuer swarueth, runneth into both the extreames: for where too much is giuen to the one, too little is giuen to the other. As for example, the vsurer in taking from the borrower more than his own, leaueth to the borrower lesse than his owne.

2. You will say, to be meerely oppressed, or onelyonly to suffer wrong, we graunt to be no sinne: but the borrower vponupon vsurie willingly consenteth to that vsurie which is imposed vponupon him, yea he intreateth the vsurer, that hee will so lend vntounto him; and therefore he is guiltie of his owne harme, & accessarie to the oppression of the vsurer.

I answer, he that borroweth vponupon necessitie with such cautions as before I mentioned, is guiltie neither of the one nor the other: For first in respect of himselfe, wheras there are two euils propounded vntounto him, the one, the inconuenience or mischiefe, for auoiding whereof he desireth to borrow, as perhaps the forfeiture of an hundred pounds: the other, the losse which he shall sustaine by vsurie, which perhaps is fiue in fiftie; the one whereof he must needs incurre: therefore this latter being the lesser euill, and hauing the respect of a good or eligible thing, in comparison of the greater euill, he maketh choise therof; not minding or desiring his owne losse, but hoping to redeeme a greater losse with a lesse. And yet he doth not willingly consent to the payment of vsurie, but his necessitie p. 340for auoiding a greater euill maketh him seeme willing to that wherunto he is simply vnwilling, as I hauehave said before. And as touching the vsurer, whereas the borrower perceiueth him resolute to run into one of these two sinnes, either not to lend at all, or else vponupon vsurie, from both which it is not in his power to keepe him, therefore the former (which is, not to lend at all to him that vponupon vrgent necessitie is desirous to borrow) being the greater sinne, than the latter, which is to lend vponupon vsurie, his desire is to keep both the lender from the greater sinne, and himselfe from the greater euill.

Why, but you will say, if the borrower would not entreat the other to lend, he should not need to fall into eito either of both those sinnes.

I answere, when a man is in a case of vrgent necessity, it is not onelyonly lawfull for him, but also he is bound in conscience to vse lawfull meanes to come out of the same. When as therefore he wanteth presentmeans of his own, it is lawfull for him to borrow, hauing an honest purpose to repay, yea and to desire those whom God hath enabled, to lend vntounto him. In desiring the able man to lend, thou onelyonly moouest him to a worke of charitie and liberalitie: but if vponupon this motion of thine, his couetousnesse cause him to sinne, either by refusing to lend at all, or by requiring vsurie; well may that motion (as many other good and lawfull things are) be an occasion of his sinne, but there is no cause thereof but his owne couetousnesse and the hardnesse of his heart, and thou art not accessarie to his sinne. But if at the first motion thou intreatest him to lend, with promise of vsurie, then thou inducest him to sinne, and art accessarie to his offence (as I hauehave shewed before) either by making him an vsurer who was none before, (and so art deeper in the sinne than hee) or at least by inducing him to the actuall committing of vsurie. Which being the vsuall custome of borrowers vponupon vsurie (whose manner is to goe to the vsurer, or to his p. 341broker to take vp on interest (as they call it) so much money as they desire, perhaps an hundred pounds, where no mention being made but of the principall (for the other is presupposed) bonds are drawn of two hundred pounds for the payment of a hundred and ten pounds) it cannot be denied, but that in this respect alone (not to mention the rest) the most borrowers vponupon vsurie are accessarie to the sinne of vsurie. At the first motion therefore thou mayest not offer vsurie, but only desire to borrow: which if thy need require, thou mayest lawfully doe. But what if the couetousnesse of the partie who is able and therefore ought to lend, and the hardnesse of his heart be such, that vponupon thy motion of borrowing he wil either require vsurie, or refuse to lend altogether? in the former case, if thy necessitie be such, that thou must needs borrow, and knowest not where to borrow freely elsewhere, thou mayest lawfully yeeld to the vsurie imposed: for in yeelding, thou keepest both him from the greater sinne, (which is not to lend at all) and thy selfe from a greater mischiefe.

Why but you will say, ought I not to admonish him at the least, and to dissuade him from the practise of vsurie, seeing my yeelding to pay, and my silence in not reproouing vsurie, may argue that I approoue it, and therefore am guiltie thereof, as accessarie thereto?

I answere, that difference is to be made of the partie with whom you deale: for if the partie be tractable and of any hope, that Christian course of charitable admonition and brotherly reproofe is to be taken with him; but if he be a desperat sinner (such as common vsurers commonly are) whom if you admonish or reprooue, you shall not profit him but hurt your selfe, before such an hog the precious pearle of Christian admonition and brotherly reproofe is not to be cast.Mat…h. 7. 6. Prou. 9. 7, 8.Prov 9:7Prov 9:8

But me thinkes a man of a tender conscience (you will say) should hardly seeke to such a man. So I say also: for p. 342if his necessitie doe not driue him, he should not seeke to such an one neither hardly nor at all. But seeing God hath enabled him to lend, and the magistrat doth tollerat him to this end, that he may supply the wants of men which are in necessitie: why may not I, vponupon whom the Lord hath laid a necessitie of borrowing, seeke to borrow of him who ought to lend to me? so long as I induce him not to sinne, nor persuade him to any thing which is not good.

But you will say, if the partie be a common vsurer, you know beforehand, that either he will lend vponupon vsurie, or not at all: and therefore seeing vponupon your motion he will take occasion to sinne, you ought rather to forbeare it, than that by your motion you should giuegive him occasion of sinning, which for no temporall commoditie you ought to doe.

I answere, that it is vnknowne to me, how the Lord (who would hauehave the wealthie men tried by the signification of their want who are in need) will moue his heart: and therefore so long as I mooue him onelyonly to that good which he ought to doe, if he will thereby take occasion to offend,See Thom. Aq. sum. 2. 2. q. 78. 4. ad 2. it is an offence taken and not giuen. And for as much as this passiue offence is not of ignorance or infirmitie, but of a resolued malice and of a setled resolution in euill, such as was the scandale of the Pharisies, Mat. 15. 14. it is to be neglected, neither am I being in a case of vrgent necessitie to forbeare asking to borrow for feare of this passiue scandale.

But the latter point is more difficult, viz. whether after deniall made by him who was intreated to lend, a man in case of vrgent and extreame necessitie may offer that condition to him, which if he shall accept, he shall offend by vsurie. As for example, if vponupon his deniall he should reply, Refuse not I pray you to lend vntounto me, for my necessitie is such, as that rather than I would not borrow, I would yeeld to very hard conditions; require what allowance p. 343you thinke good, or impose what condition you please, if it be not too vnreasonable, I will yeeld to it. Such an offer I hauehave shewed before by like instances, not to be vnlawfull: to which I will adde some others. Suppose a man in extremitie of hunger to come to another who hath victuals, intreating him to let him hauehave some food for his readie money: the other, though he perceiueth his need, refuseth: wherupon he replieth, Refuse not I pray you to sell me food, for such is my necessitie, that rather than I would not buy victuals at this time, I would yeeld to what price you shall require, demaund what you will, though it be the double price, &c. Or suppose the same man in the like want of necessaries either for himselfe or such as belong vntounto him, but wanting readie money, commeth to one who hath such commodities to sell, who refusing to sell without readie money, the other desireth him to let him hauehave them, though he pay the dearer for them. The partie thus selling the dearer, committeth vsurie. And suppose againe, that the partie who is intreated to lend, pretendeth as vsurers many times doe, that they hauehave no money to pleasure the borrower with: whereupon the borrower intreateth him to helpe him with some commoditie whereof he may make money: the lender (intending perhaps to buy the same himselfe vnderunder hand) lets him hauehave a commoditie, which he sayth is worth an hundred pounds, and causeth the borrower to enter into a bond for the payment of so much: when as notwithstanding, the borrower when he selleth the commoditie, cannot perhaps procure fourescore pounds for it. These examples with those before mentioned, may prooue, that a man in present distresse may make such an offer, which being extorted from him by his owne necessitie, and by the hardnesse of their hearts with whom he hath to deale, is, by his owne necessitie compelling him, to make choise of the lesse euill, and by the hardnesse of their hearts, whom he dissuadeth from the greater sinne, p. 344to be excused, which otherwise were not warrantable.

3. But it may be objected againe: He without whom the vsurer cannot actually accomplish his sinne, is partner of his sinne. Without the borrower vponupon vsurie, the vsurer cannot actually commit the sinne of vsurie, therefore the borrower is partner of the vsurers sinne.

The proposition being generally vnderstood (as it must, or else the whole argumentation is a paralogisme) is vntrue: for although it be true in those sinnes which are committed betwixt a couple by the voluntarie and mutuall consent of both parties, yet where the one partie yeeldeth not voluntarie consent, but is a patient, and the object rather of the others wrong than an agent with him, it is vtterly false. The sinne of rape can no more be committed without the innocent partie that is rauished, than the sinne of whoredome without the companie of an harlot; and yet no man will say, that she which is rauished is partner of his sinne that committeth the rape. The robber by the high way cannot commit robberie, vnlesse the way faring man doe trauell that way: so likewise one man cannot oppresse, vnlesse there be another to be oppressed, nor impose vsurie, vnlesse there be another on whom it is to be imposed: and yet he that is oppressed is not partner of the oppressours sinne, nor the borrower who vponupon necessitie borroweth vponupon vsurie, of the vsurers sinne. Indeed he that willingly and without necessitie maketh that contract of vsurie, he is not oppressed; neither may it be denied but that he is partner of the vsurers sinne. But he that vponupon necessitie and against his will yeeldeth to the payment of vsurie, he is oppressed; neither can it truly be said, that he is partner of the vsurers sinne: for whosoeuer is oppressed, is wrongfully oppressed and against his will: and whosoeuer is wrongfully oppressed and against his will, he is no partner of the oppressours sinne. When as therefore it is said, If there were no borrowers vponupon vsurie, there p. 345would be no vsurers: to prooue that all borrowers are partakers in the sinne of vsurie, it might as well be said, That if there were no trauellers by the high way, there would be no robbers by the high way: if there were none to suffer wrong, there would bee none to offer wrong; if there were none to be oppressed, there would be no oppressours; to prooue that the robbed, the wronged, the oppressed are guiltie of the robberie, wrong, and oppression that is done vntounto them. For I hauehave prooued before, that the borrower vponupon necessitie yeelding to vsurie, is wronged and oppressed.

4. Againe, if it be objected, That we may not doe ill that good may come thereof: neither may we vse vnlawfull meanes though to good ends, neither ought any worldly necessitie force vsus to sinne; all this I freely confesse, and withall professe, that if all borrowing vponupon vsurie were an euill thing, (meaning the euill of sinne) if to borrow vponupon vsurie vponupon necessitie, were to vse an vnlawfull meanes; or if it were to sinne, that this euill were not to be done, though much good might come thereof, this vnlawfull meanes were not to bee vsed, though our end and intent be neuer so good, and that no necessitie should compell vsus to commit this sinne. But this is the matter in question, which must be prooued, and not taken for graunted. For the contrarie part I hauehave prooued, That to borrow in time of need is a lawfull meanes, and to yeeld to vsurie vponupon necessitie, with such cautions as before hauehave bin specified, is not to do an euill, namely of sin, that good may come thereof, but to suffer a lesse euill, namely of losse, for the auoiding of a greater.

Hitherto we hauehave spoken of the negatiue, that is to say, of that which the sound Christian and citisen of heauen doth not, viz. That he doth not put forth his money vntounto vsurie. Now we are briefly to consider the affirmatiue, which euerie true Christian in respect of his goods is bound to do: For whereas the vsurer offendeth two p. 346wayes, both in respect of the vse, that hee exposeth his money to vsurie; and in respect of his gettings, that he increaseth his wealth by vsurie: we are to shew that two contrarie duties are required of eueryevery faithfull man, both in regard of the foreign, that is, the getting, that hee get his goods lawfully; and also in respect of the foreign, that is, the vse, that hee freely communicate them to the good of others. Of just getting, because it is equally opposit to the vice mentioned in the next note, I will intreat after I hauehave spoken thereof, as being the common affirmatiue to both these negatiues.

The communication of our goods, whether by free giuing or free lending, to the good of others, as our abilitie shall afford, and their necessitie require, is that spirituall vsurie which the Lord (who so seuerely condemneth all worldly vsurie) doth highly commend vntounto vsus in diuerse places of the Scripture, affirming, That those who are bountifull towards the poore and needie, whether by free lending or free giuing, doe lend as it were vponupon vsurie to the Lord,Prou 19. 17.Prov 19:17 who will repay and recompence them with aduantage. Wherevpon Augustine, Deus noster qui te prohibetesse foener atorem, In Psal. 36. Con…. 3.Ps 36iubet te esse foeneratorem, & dicitur tibi, foener… Deo: Our God (saith he) who forbiddeth thee to be an vsurer, commandeth thee to be an vsurer, and to thee it is sayd, Lend, as it were vponupon vsurie to the Lord: To which purpose we are elsewhere exhorted, to distribute or communicate vntounto the necessities of the saints. And againe,Rom. 12. 13.Rom 12:13 To do good and to destribut forget not, Heb. 13. 16.Heb 13:16for with such sacrifices God is pleased.

But there are three obstacles and impediments of free lending and free giuing, by the remouing whereof we may be effectually persuaded to put in practise this spirituall vsurie. The first is an erronious conceit of worldly men, who imagine that the goods which they possesse are their owne, to dispose of as themselues thinke good; and therefore that they are not bound to distribut or communicat them to others, &c.

p. 347But the Scriptures do teach vsus that we are not absolut Lords of that which we enjoy,Luk. 16. 1….Luke 16:1 but the stewards of the Lord, who hath committed these goods as talents to be imployed to his glorie in the good of our brethren, and that of our stewardship we are one day to render a straight account: neither may we thinke that our account will be accepted, if we shall refuse to imploy the good gifts of God to such vses as he hath appointed. If a noble man should commit a certaine summe of money to his steward, appointing him to destribut the same to the reliefe of the poore; would not eueryevery man esteeme that steward to be worse than a theefe, if hee should conuert that money to his owne vses? or if the Princes Almoner should not communicat vntounto the poore the money committed to his trust, but withhold it from them, or diuert it to other vses, would not eueryevery man condemne him in like sort? But we are the Lords stewards, and so many as are of abilitie are the Lords Almoners; and therefore if when God hath commanded vsus to communicat or destribut some part of our goods to the poore and needie, are not we as bad or rather worse than theeues, if we being of abilitie shall refuse to communicat to the necessities of our brethren? Let vsus then consider whether the Lord hath not required this dutie at our hands.

The precepts of free lone I hauehave mentioned before: and for almes and free giuing the Scripture is plentifull, charging not onelyonly the rich to be apt to communicate and so to be rich in good workes,1. Tim. 6. 17. 181 Tim 6:171 Tim 6:18 but euerie one that is not poore, to giuegive almes according to their abilitie:Luke. 11. 41.Luke 11:41 and we must not onelyonly giuegive if we be able, but also we must doe our indeuour that we may bee able, and if other meanes faile, we ought to lobour and worke with our hands that which is good (that is,Eph. 4. …8.Eph 4:8 to take paines in some lawfull calling) that we may hauehave to giuegive to him that needeth. Yea if the necessitie of our brethren so require, we are to make sale of our goods and possessions for their…. 12. 33. p. 348releefe, according to the commaundement of our Sauior Christ,Act. 4. 34.Acts 4:34 and the practise of the primitiue Church. And these duties of free lending and free giuing are to be performed, readily, without delay, Pro. 3. 27, 28, constantly, without wearinesse, 2. Cor. 8. 11, cheerfully, without grudging: for the Lord loueth a cheerfull giuer, 2. Corinth. 9. 7. And that we should not thinke these duties to bee arbitrarie, or the neglect of them not to draw vponupon vsus either guilt or punishment; therefore the Lord besides his manifold precepts straightly enjoyning these duties, hath added both seuere censures, and dreadfull comminations against the neglect thereof,De. 1…. 9, 10, 11. it is censured as an euident signe of no louelove of God,1. Iohn. 3. 17.1 John 3:17 1. Iohn. 3. 17. as a sinne, Deut. 15. 9. yea as a sinne of Sodome, Ezech. 16. 49.

The comminations are either generall,Prou. 28. 27.Prov 28:27 as Prou. 28. 27, He that hideth his eyes (from the poore) shall abound with curses; or speciall, in this life, that hee shall not obtaine any thing at the hands of God: For he that stoppeth his eare at the crying of the poore, Prou. 21. 13.Prov 21:13he shall also cry & not be heard: in the life to come, that he shall bee cast into euerlasting fire which is prepared for the diuell and his angels: For such shall be the sentence of Christ our judge at the last day, Depart from me you cursed, Mat. 25. 41, 42.Matt 25:41Matt 25:42into euerlasting fire, for I was an hungred (viz. in my poore members) and you gaue me no meat, I thirsted and you gaue me no drinke, Luke 16. 2.Luke 16:2&c. Seeing therefore our goods are not our owne but the Lords, whose stewards we are, it cannot bee denied but that we are to imploy them as our Lord and maister appointeth: and seeing our Lord and maister appointeth vsus, and that vponupon paine of damnation, to communicat them to the necessities of our brethren, as their need shall require, and our abilitie afford; it behoueth vsus as we tender our owne saluation, so also to tender the distressed estate of our poore brethren.

The second impediment is couetousnesse, joyned with distrust: for when as men are couetous they will not lay forth any thing, vnlesse it be for their aduantage: and being p. 349distrustfull they imagine that what is giuen, is lost. But hereunto I will oppose, as an antidote, the gracious promises of God made to those who are gracious to the poore, whether by free giuing or free lending. Thou saist thou wilt not giuegive because thou knowest not what want thy selfe may hauehave: but what saith the holy Ghost,Prou. 28. 27.Prov 28:27 To him that giueth vntounto the poore shall be no want: but to him that hideth his eyes, shall be plentie of cu…ses. Thou wilt not lend to the needie, because thou doubtest that what is lent to them will neuer be repaid: But what saith the spirit of God? He that hath mercy on the poore, Prou. 19. 17.Prov 19:17lendeth vntounto the Lord, and the Lord will recompence him that which he hath giuen. To which you may adde, Deut. 15. 10. & 23. 20. Luke 6. 35. Seeing therfore the Lord hath made such gracious promises to those that are mercifull towards the poore and needie: were it not extreme infidelitie to imagine, that by our liberalitie towards the poore we should become loosers; seeing he hath promised to repay what is lent, and to reward what is giuen? Nay, so farre shalt thou be from losse or hinderance by the charitable communicating of thy goods, as that this is the surest way not onelyonly of sauing them that they be not lost, but also of laying them forth to increase: For whereas we are stripped of all other our goods by death, which turneth vsus as naked out of this world as we came into it; these which we hauehave charitably giuen, do remaine vntounto vsus after death. And therefore as they which trauell into forraine countries, doe not cary their mony with them, partly for feare of robbing by the way, and partly because it would not be currant in the countrey whereunto they trauell, but deliuer it to the bankers vponupon a bill of exchange, whereby they may be assured to receiue their money: so we, being to depart out of this life, for as much as we cannot take our money with vsus, neither is it currant in heauen, ought to commit it to the poore and needie, as it were the Lords bankers, vponupon his promise in his word, as it were his bill of exchaunge, p. 350whereby he assureth vsus of full recompence in the life to come: Wherefore that which we commit to the poore according to the rules of charitie, Illud non amittimus, sed promittimus, That we do not loose, but as it were send before vsus. And that is it which our Sauiour saith,Luke 16. 9.Luke 16:9 Make you friends of this Mammon of iniquitie, &c. For it is most certaine that we shall be put out of the stewardship by death, neither shall the administration of these temporal goods any longer appertaine vntounto vsus. What course therefore may we take, that when we are put out of our stewardship, we may hauehave some benefit and comfort by the imployment of our goods in the time of our stewardship? we are by the charitable exposing of our goods, to make vsus friends of this vnrighteous Mammon, that when we shall be put out of this stewardship, we may be receiued into euerlasting tabernacles.

Againe, the charitable exposing of goods, in the Scriptures is compared to sowing of seed in the ground, 2. Cor. 9. 6,2. Cor. 9. 6.2 Cor 9:6 Therefore as the husbandman casteth his seed into the ground in hope of good increase in time of haruest, although his seed do rot in the meane time, and die in the earth; so we should cast our seed vponupon the poore, as it were the Lords plowed land, in certaine assurance of a plentifull increase in the great haruest, at which time it shall be sayd,Mat. 25. 34, 35.Matt 25:34Matt 25:35 Come you blessed of my father, inherit the kingdome which is prepared for you: for when I was hungrie, you gaue me meat, when I was thirstie, you gaue me drinke; &c. That therefore which hindereth men from giuing almes (that is a couetous desire of bettering our estate) would chiefly stirre vsus vp thereto, if we yeelded any credit to the promises of God. Wouldest thou then thriue by vsurie? lend not vponupon worldly vsurie to men, who will pay thee but ten in the hundred, but lend vponupon spirituall vsurie vntounto the Lord, who hath promised to repay an hundred fold.

The third and last impediment, is hardnesse of heart, p. 351shutting vp the bowels of compassion in the richer sort, and taking from them all feeling and regard of other mens necessities. For the remoouing whereof, let the richer sort consider, first, that the poorest Christian that liueth, is his owne flesh, Esay. 58. 7. Secondly, that he is his brother in Christ, redeemed by the same most precious bloud of Christ. Yea thirdly, that he is a fellow member of the same bodie, whereof Christ is the head: and therefore in the fourth place that Christ esteemeth that giuen to him,Mat. 25. 40. 4….Matt 25:40Matt 25:4 which is giuen to his poore members; and that to be denied to himselfe, which is denied to one of them. Consider then with me, if any man ought to deny vntounto Christ an almes, who hath not denied himselfe to vsus: or if any should, whether he were not to be esteemed a most wicked and hard hearted man. If you shall say, farre be it from vsus that we should deny any thing to Christ our Sauiour, and yet are hard hearted towards the poore; I would aduise you to call to mind the excuse which the wicked shall make at the day of judgement, with the answer of Christ the judge: When (say they) did we see thee hungrie, Mat. 25. 44, 45.Matt 25:44Matt 25:45or thirstie, or a stranger, or naked, or sicke, or in prison, and did not minister vntounto thee? To whom our Sauiour answereth, Verily I say vntounto you, in as much as you did it not to one of the least of these, you did it not to me, Mat. 25. 44, 45, where also we may obserue that the sentence of saluation and condemnation shall be pronounced at the last day, according either to the performance or neglect of this dutie. Wherefore as we tender the saluation of our soules, so let vsus thinke our selues bound not onelyonly to abstaine from all worldly vsurie, which I proued to be a damnable sinne; but also to practise this spirituall vsurie, wherin we hauing lent vntounto the Lord, shall be sure to receiue a plentifull reward.

THere remaineth the tenth and last note of the sound Christian and citisen of heauen, in these words, Nor taketh p. 352reward against the innocent. Now rewards are taken either by way of briberie to p…ruert judgement, or by way of trecherie to betray innocent bloud. To peruert judgement, bribes are taken: first, by judges and those that belong to them,1. Sam. 8. 3.1 Sam 8:3 after the example of the sonnes of Samuell, who when they were appointed judges did not walke in the wayes of their father (for he was free from taking rewards, 1. Sam. 12. 3.) but turned aside after lucre, and taking rewards, peruerted judgement. Secondly, by counsellors and aduocats,Act. 24.Acts 24 after the example of Tertullus, who (so he might hauehave his fee) cared not what false calumniations he vttered against the Apostle Paul. Thirdly, by witnesses who are hired to giuegive false witnesse against the innocent, according to the example of those who were suborned against Na…oth, 1. King. 21.1 Kgs 21and against our Sauiour Christ,Mat. 26, 59, 60. & 28. 12▪ 15.Matt 26:59Matt 26:60Matt 28:12Matt 28:15 both before his death and after his resurrection. Of trecherie also we hauehave examples in the Scriptures, as of Dalila, Iud. 16. 5, 18.Judg 16:5Judg 16:18who for reward betrayed Sampson into the hands of the Philistines;Mat. 26. 15. & 27. 4.Matt 26:15Matt 27:4 and of Iudas the traytor, who for thirtie peeces of money betrayed our Sauiour Christ.

But that I may speake to the intendment of the holie Ghost in this place, I am to shew, that this is a note of Gods children, to be free from rewards: For the Lord in other places also of the Scripture, propoundeth abstinence from rewards as a note of the godly; and contrariwise the taking of rewards, as a certaine badge of the wicked. For as touching the former, when question was made who should dwell with a consuming fire,Deut. 4. 24.Deut 4:24 that is,Heb. 12. 19.Heb 12:19 God: the Prophet Esay maketh answer Chapter. 33,Esay. 33. 15.Isa 33:15 He that refuseth gaine of oppression, and shaketh his hands from taking of gifts, &c. he shall dwell on high. The same is testified,Prou. 15. 27.Prov 15:27 Prou. 15. 27. He that is greedie of gaine, troubleth his owne house: but he that hateth gifts, shall liue. On the other side, taking of bribes is acknowledged in the Scripture to be an vndoubted token of the wicked,Prou. 17. 23.Prov 17:23 Prou. 17. 23. (The wicked man taketh a gift out of the bosome (to wit, of the giuer) to wrest the wayes of p. 353iudgement.) Of accursed persons,Deut. 27. 25.Deut 27:25 Deut. 27. 25. (Cursed be he that taketh a reward to put to death innocent bloud. And all the people shall say Amen.) Of reprobates and castawayes,Iob. 15. 34.Job 15:34 Iob. 15. 34. (Fire shall deuoure the houses of bribes, that is, of them that take bribes.) And Psal. 26. 9, 10,Psal. 26. 9. 10.Ps 26:9Ps 26:10 where the Prophet praying that he might not be destroyed in the destruction of the wicked and reprobat, he describeth them by this note, Gather not my soule (saith he) with the sinners, nor my life with the bloudie men: in whose hands is wickednesse, and their right hand is full of bribes.

The vse which we are to make of this doctrine is thus much, That seeing abstinence from rewards is made by the holy Ghost a note of the righteous which shall be saued; and contrariwise, taking of rewards an vndoubted marke of the wicked, who if they continue in this sinne shall be condemned: therefore it behooueth vsus to shake our hands from taking of rewards, if we would hauehave any hope or assurance that we shall dwell in the mountaine of Gods holinesse: For they that shall dwell in the mountaine of God, are such (saith the holy Ghost) as doe not take rewards against the innocent. Wherefore if thou doest take rewards, and that against the innocent (for the innocent partie doth not vse to giuegive bribes, therefore bribes are commonly taken against the innocent) how canst thou hope that thou shalt euer inherit the kingdome of God? But these foreign, these takers of rewards, doe not only depriue themselues of all true hope of saluation, but also incurre most certainely the just vengeance of God, which they pull not onelyonly vponupon themselues and their houses, as I shewed before out of Deut. 27. 25, Prou. 15. 27, Iob. 15, 34, but also vponupon their countrey, which should be more deare vntounto them than themselues; … therefore said to destroy it, Prou. 29, 4: …. 29 4.For among the … abhominations, for which the Lord doth threat… …struction against Ierusalem, this is none of the least, …zech. 22. 12, In thee hauehave they taken gifts to shed bloud, Ezech 22. 1….Ezek 22:1thou hast p. 354taken vsurie and increase, &c. But that which is spoken to all, seemeth to be spoken to none. I will therefore conuert my speech to all the sorts of them that take gifts seuerally, as to corrupt judges, aduocats, and witnesses. For as touching traitours, whom eueryevery one knoweth to be worse than common cut-throats and murtherers (because to the murther of the innocent, whereof they are guiltie, they adde persidious trecherie) I shall not need to speake.

First therefore and principally I am to speake to judges, officers, and magistrats: for now adayes briberie hath so corrupted publicke places and functions, that eueryevery petite office, whereof the stipends and lawfull fees are but small, is notwithstanding by such corrupt wayes and indirect meanes as are found out, sufficient to gather great wealth.

But let such men besides the generall arguments, before vsed, consider with me how dangerous this kind of filthie gaine is, how wicked, and how pernicious. The danger is shewed, Deut. 16. 19, Wrest not thou the law (sayth the Lord to judges and officers) nor respect any person, Deut. 16. 19.Deut 16:19neither take reward: Exod. 23. 8.Exod 23:8for the reward blindeth the eyes (not of the vnwise onelyonly, but) of the wise, and peruerteth the words (not of the wicked onelyonly, but also) of the iust. But the grieuousnesse of this offence will more clearely appeare, if besides the danger to themselues, we shall consider how greatly they offend both against God and their neighbour: against God;Exod. 22. 28.Exod 22:28 for judges and magistrats are by the holy ghost in the Scriptures called Gods,Psal. 82. 6.Ps 82:6 because they are the Lords substitutes, sustaining his person: and the judgement which they execute, is not the judgement of man but of God. And that is the argument which I…hosophat vsed, when he exhorted the judges, whom he had ordained, to the vpright performance of their dutie;2. Chron. 19. 6.2 Chr 19:6 Take heed what you doe (sayth he) for you execute not the iudgements of man, but of the Lord, and he will be with you in the cause and iudgement. p. 355Wherefore now let the feare of the Lord be vponupon you, take heed and doe it, for there is none iniquitie with the Lord our God, neither respect of persons, nor receiuing of reward. Whosoeuer therefore peruerteth judgement, as much as in him lieth, he maketh God (whose judgement it is) vntrue and vnjust.

Secondly they offend against that justice which ought to be exercised towards our neighbour: first, because they doe most grossely abuse the commonwealth, of whom they receiue both authoritie and maintenance, that they may doe much mischiefe thereunto. Secondly, because they are as the Prophet Esay speaketh,Esay. 1. 23.Isa 1:23 companions of theeues. Thy princes (sayth he) are companions of theeues: eueryevery one loueth gifts and followeth after rewards. Neither doe they onelyonly helpe the wicked to spoyle his neighbour, but themselues also doe rob and spoyle them, and that also vnderunder the colour and shew of judgement and justice. So that whereas the Lord hath ordained the judgement seat, to be a rocke of defence and refuge for the innocent and guiltlesse, they hauehave made it an hill of robbers. Thirdly, because they hauehave not onelyonly set judgement and justice to sale (which is an abhominable practise) but also as the Prophet Amos speaketh,Amos. 2. 6.Amos 2:6 They sell the righteous for siluer, and the poore for a paire of shoes. Such judges Demosthenes compared to a paire of scoles, which alwaies incline on that side whence they hauehave receiued any thing. And surely, a small weight many times will make them to incline to the wicked, who seeketh to corrupt them, and to decline from right,Prou. 28. 21.Prov 28:21 Prou. 28. 21, To hauehave respect of persons it is not good: for that man will transgresse for a piece of bread. It were therefore to be wished, that justice and judges now adaies were such, as they were wont to be painted: for justice was blindfolded, and judges were pictured without hands: whereby was signified, that judges should not receiue rewards, nor respect persons, which is commonly a consequent of rewards.

VponUpon the greatnesse of this offence followeth the p. 356third thing, namely that is is pernicious to them that vse it: for therefore doth the holy ghost denounce a feareful woe against such persons,Esay 5. 23.Isa 5:23 Esay 5. 23. Woe be to them which iusti…ie the wicked for a reward, and take away the righteousnesse of the righteous from him, therefore, as the flame of fire deuoureth the stubble, and as the chaffe is consumed of the flame, so their root shall be as rottenness, &c. But it is onelyonly pernicious to themselues, but also to the countrey wherein they liue, as I hauehave in generall shewed,Ezek. 22. 12.Ezek 22:12 Ezek. 22. 12. and thereunto wee may adde the testimonie of the Prophet Micah, Mic. 3. 11, 12.Mic 3:11Mic 3:12chap. 3. 11, 12. for when as hee had said, that the heads or princes of Ierusalem did judge for rewards, and the priests did teach for hire, he inferreth; Therefore shall Sion for your sake be ploughed as a field, and Ierusalem shall be an …eape, and the mountaine of the house as the high places of the forrest.

I come to corrupt lawyers and aduocats; who so often take reward against the innocent, as they doe take vponupon them the defence of such causes, as they in their owne conscience are persuaded to be euill and vnjust. Which being so common a fault among lawyers, as that very few which plead causes either in ciuile or ecclesiasticall courts doe seeme to make any conscience thereof, to whom all is fish that commeth to their nets; therefore all lawyers are to be exhorted to apply this note vntounto themselues. For if those which shall be saued, are such as doe not take a reward against the innocent, as the holy ghost here witnesseth; how then can they be saued, whose vsuall practise is to take rewards against the innocent? And that they may the more effectually be dissuaded from this sinne, let them a little consider with me, how fearefully they sinne against God, their neighbour, and themselues. Against God, whiles they seeke to ouerthrow the truth, and to peruert the Judgement, which is the Lords. Secondly, against their neighbour. And in this regard, eueryevery corrupt lawyer is, as Salomon sayth of eueryevery false witnesse, an hammer, Prou. 25. 1….Prov 25:1a sword, and a sharpe …rrow, an hammer or mallet to p. 357the judge, a sword to his client, and an arrow to his adursarie. For whiles our lawyers doe their indeuours, as the Greeke sophisters were wont foreign, that is, to make the worse cause the better, they doe as it were knocke the judge on the head, amasing him so and dazeling his eyes, that he may not see and pronounce the truth. To their client they are as two edged swords, wounding him two wayes, to wit, in body and soule. As touching his bodie and outward estate, they notably impouerish him to enrich themselues, and plucke off his feathers to feather their owne nest: for as the fowlers …age is full of birds, so the houses of these faulconers are full of riches gotten by deceit, Ier. 5. 26. 27.Jer 5:26Jer 5:27as Ieremie speaketh. The soule also of their client they wou…d, when they animate him to goe on in offering wrong to his neighbour, and cause him to sinne against his owne soule.

To the aduersarie, being indeed the innocent partie, eueryevery Tertullus is a sharpe arrow, wounding him either in bodie, goods, or good name; against all or any whereof they care not what vntruths and slaunderous calumniations they vtter, so their cause may therby be aduantaged.

Lastly, they sinne against themselues and their owne soules, first, because they aid the wicked vntounto euill which is forbidden, Exod. 23. 1. and is reprooued, 2. Chron. 19. 2, as also Psal. 50. 18. When thou sawest a theefe, thou consentedst vntounto him, and is condemned, Rom. 1. 31. Secondly, because they hauehave sold their tongues to speake likes: for an euill cause cannot be maintained but by manifold vntruths. Now riches or treasures gotten by a deceitfull or lying tongue, is vanitie tossed too and fro of them that seeke death, Prou. 21. 6.Prou. 21 6.Prov 21:6 And therefore it is greatly to be feared, least these men as they hauehave set their tongues, so also their …oules to sale: for that is truly affirmed of all couetous persons. Eccles. 10. 9.

The like is to be said of eueryevery false witnesse, who for reward is suborned to testifie vntruths, That hee sinneth against God, whose judgement he seeketh to peruert; p. 358against the judge, whom he endeuoureth to auert from justice and truth; against the parties who suborneth him, to whom he consenteth vntounto euill; against the innocent partie, whom by his false testimonie he hurteth, and sometimes killeth him with a word; against his owne soule; for seeing a false witnesse is an abbomination vntounto the Lord, Prou. 6. 18.Prov 6:18Prou. 6. 18, therefore he shall not escape, but surely perish, Prou. 19. 5. 9.Prov 19:5Prov 19:9Prou. 19. 5. 9. And yet this is not all that may be said in detestation of false witnesse bearing: For seeing witnesses in places of judgement doe not deliuer their testimonies but vponupon an oath; therefore eueryevery false witnesse is guiltie not onelyonly of false witnesse bearing, but also of perjurie: whereby he polluteth the holy name of God▪ wrongeth the innocent, abuseth the judge, and all that are present, and that vnderunder the religion of an oath; hee citeth the Lord himselfe, and that in the place of judgement to testifie an vntruth, and (which is most fearfull) he tempteth the Lord, and as it were dareth him in the audience of allthat are present to execute his fierce wrath and indignation vponupon him. For in othes wee call vponupon God not onelyonly to be our witnesse, that we sweare truly, but also to be a reuenger of vsus, if we sweare falsely: therefore he which sweareth that which he knoweth to be vntrue, he prouoketh the Lord, and as it were dareth him to take vengeance vponupon him.

Thus then we see by these two last notes, what the sound Christian and citizen of heauen doth not, to wit, that neither priuatly in contracts, nor publickely in place of judgement, he getteth his goods vnlawfully: as for example, by vsurie, or briberie. Now we are briefly to consider the contrarie affirmatiue: namely, that eueryevery sound Christian maketh conscience of his gettings, hauing a true purpose and vpright endeuour to obtaine and procure the commodities of this life onelyonly by good and lawfull meanes, And that we may all of vsus in like sort be persuaded to make conscience of this duty, let vsus hauehave p. 359in our minds these considerations: first, that riches are fitly compared to thornes, which, if we be not carefull in the gathering of them, will pricke and wound, not the hand but the conscience; yea, and if we be ouer-greedie of them, will pierce vsus through with many sorrowes:1. Tim. 6. 10.1 Tim 6:10 and secondly, that so oft as they (being offered to our desire) cannot be compassed by good and lawfull meanes, they are the baits of the Diuell. And therefore we are not to lay hold vponupon euerie commoditie which is propounded vntounto vsus, but we are to looke vntounto the lawfulnes of the meanes: for if we attaine them by vnlawful means, we do with them swallow the hooke of the Diuell. And this is a certaine truth, that those which will be rich, 1. Tim. 6. 9.1 Tim 6:9that is, which hauehave set downe with themselues that they will attaine to wealth, whether the Lord do giuegive them lawfull meanes or not; they fall into temptation and snares of the Diuell, for he cannot lay any bait of commoditie to entrap them, which they will not be readie to obtaine by sinne, which is the very hooke of the Diuell.

Thirdly, we are to acknowledge that it is the blessing of God which maketh rich, Prou. 10. 22, and that the Lord doth not blesse ill gotten goods, see Prou. 13. 11. and I…rem. chapter 17. 11.

Fourthly, that better is a little with righteousnesse, than great reuenews without equitie, Prou. 16. 8. Psal. 37. 16, and that it is better to be in meane estate with a good conscience,foreign. Hesiod. than with the shipwracke of a good conscience to be rich.

Fiftly,, that goods justly gotten, are the good gifts of God, and pledges of his louelove towards thee, if also thou hast grace to vse them well: but contrariwise, that ill gotten goods, obtained by sinne in the seruice of the diuell, they are the wages which the prince of this world giueth to his seruants, and are as Nazianzene sayth, the earnest penny of perdition: or that I may speake more effectually, they are the price of mens soules, for which couetous p. 360men,Ec…les. 10. 9. who hauehave set their soules to sale, doe sell them to the diuell.

Lastly, let vsus esteeme that onelyonly to be gained, which is gotten lawfully. And when any thing which we desire cannot be gotten lawfully, let vsus remember, that as the Apostle sayth,1. Tim. 6. 6.1 Tim 6:6 Great ga…e is godlinesse with contentednesse: Whereas contrariwise, in that which is vnjustly gotten thre is exceeding great losse. And therfore the heathen man did well aduise vsus, to chuse losse rather than vnhonest gaine: for the one (sayth hee) will grieue thee but once,foreign. Chilo. and the other for euer. For indeed, what is gained in that which is gotten by sinne? an earthly commoditie, which to a worldly man is not onelyonly vaine and vnprofitable, but also hurtfull. But what is lo…t? thy soule: For the wages of sinne as death, and the soule that s…neth shall die. Now if the soule should bee weighed in the ballance of Critol…us against al the commodities of the world, it would ouerweigh them all. Wherefore let that diuine Oracle of our Sauiour Christ alwaies sound in our eares, What will it profit a man, if hee shall gaine the whole world, and loose his owne soule. Mar. 8. 36. should we not sinne to gaine the whole world, and shall we be readie to sinne for eueryevery trifle in the world? Would not the whole world be a sufficient ransome to redeeme our soules, and shall wee …ell our soules to the diuell for eueryevery nothing in this world? Was Esau prophane and foolish, who in his hunger sold his birthright for a messe of pottage, and are not we much more prophane and foolish, if for matters of like value but lesse necessitie, wee shall make away an euerlasting inheritance, yea, an eternall kingdome in heauen?

And thus much may suffice to hauehave spoken concerning the description of the sound Christian and citizen of heauen. Now followeth the priuiledge of eueryevery sound Christian, who is qualified according to that description, viz. That he shall neuer bee remooued: for so p. 361sayth the holy ghost, He that doth these things, shall neuer bee remooued. Where we are to consider two things: first, who it is to whom this priuiledge belongeth; and secondly, what this priuiledge is: the partie to whom it belongeth, is, He that doth these things. He doth not say, he that knoweth these things, nor he that can discourse of these matters, but he that doth these things. For as we judge of the health and soundnesse of the heart, not by the words of the mouth, or colour of the countenance, but by the pulse of the arme: so of the soundnesse and vprightnesse of the heart, judgement is to be made not so much by the words or countenance, as by the fruits of the hands. It is a good thing to say well, but we are no sound Christians or citizens of heauen, vnlesse also we doe well.Mat. 7. 2….Matt 7:2 Not eueryevery one that sayth vntounto me, Lord, Lord, shall enter into the kingdome of heauen, but he that doth the will of my father which is in heauen. It is a good thing to read and heare, and by reading and hearing to know the will of God, but we shall neuer attaine to happinesse, vnlesse we be also carefull to doe it.Apoc. 1. 3.Rev 1:3 Blessed it …e which readeth (sayth Iohn the Diuine) and blessed are they which …e are the words of this prophecie (but he stayeth not there) and obserue (sayth he) the things which are written therein. It is a good thing to hauehave the word of God preached and a miserable thing to be without it, as Salomon sayth,Prou. 29. 18.Prov 29:18 Prou. 29. 18. but he that so heareth it as that he keepeth it, ô happie is he. They are blessed (sayth our Sauiour Christ) that …eare the word of God and keepe it. Luke 11. 28.Luke 11:28And againe, If you know these things, Iohn 13. 17.John 13:17happie are you if you doe them. We are therefore from hence to bee exhorted vntounto well doing: For seeing a sound Christian and citizen of heauen is to be discerned by doing these things,2. Pet. 1. 10.2 Pet 1:10 as the holy ghost here teacheth, it behoueth vsus by doing them to make our calling and election sure. For if we doe these things, we shall neuer fall, as Peter also by the same spirit affirmeth.

The priuiledge it selfe is, that he shall neuer be remooued, or as some read, that he shall not fall for euer: not for euer, that p. 362is, neuer, as Iohn 13. 8. Thou shalt not wash myfeet for euer. And the same priuiledge in the same words is repeated, Psal. 112. 6. The good man shall neuer be remooued: and Prou. 10. 30. The righteous shall neuer be remoued. Psal. 112. 6.Ps 112:6And this priuiledge doth so truly and properly belong to eueryevery sound Christian,Prou. 10. 30.Prov 10:30 as that to the holy ghost in this place it is one & the same thing to be a sound Christian, and to be such an one as shall neuer be remoued. For when D…uid had demanded, Who shall soiourne in tby Tabernacle, and who shall rest in thy holy hill? that is, Lord, by what tokens may a sound Christian and heire of the kingdome of heauen be discerned? The Lord maketh answere, He that walketh vprightly and worketh righteousnesse, and speaketh the truth which is in his heart, &c. he is a sound Christian, and heire of the kingdome of heauen. But he vseth not those words, but in stead of them he vseth these to the same sence, He shall neuer be remoued. Whereupon it plainely followeth, that eueryevery vpright and sound Christian is such an one as shall neuer be remoued.

These words therefore affoord this most comfortable doctrine, That the perseuerance, & consequently the saluation of the vpright, of the righteous, of the faithful and sound Christian, is certaine. And this truth is elsewhere in the Scriptures most plainely and plentifully taught, as shal be shewed, when my treatise of Perseuerance, which I hauehave alreadie finished, shall be thought fit to be published. In the meane time, let vsus from this doctrine gather this vse, That seeing it is the priuiledge of the vpright & sound Christian neuer to be remoued, we ought therfore by walking vprightly, by exercising righteousnesse, by speaking the truth from our hearts, &c. labour to make our calling and election sure; for if we doe these things, wee shall neuer fall.

FINIS.