The answere.

1 I say first, that vsurie is neuer committed, (as is already proued) saue then onelie, when ouerplus is exacted for the loane.

2 I say secondly, that in the case proper [...]ded in the obiecti­on, there is no loane of money at [...], neither expressed, nor yet palliate: the reason is this, because as well the buyer as the seller, exposeth himselfe to a meere [...]uall euent: for whether corn wil then be cheaper or dearer, neither of thē twain can tell.

3 I say thirdly, that if he who receiueth the money, were in present necessitie, and yeelded to sell the corne onelie or princi­pally for the vse of the money, the buyer [...] the same at his hands, then were that kind of dealing vsurie indeede,A great dispa­ritie, of a farre different con­tract. how­sheuer the euent should afterward fall out: but when neither the seller respecteth the vse of the mony, nor the buier extorteth any thing for the loane of the same, as in this casual bargaine, but both the parties stand vpon their prouidence [...]niectures, & politicke diuinacions, then doubtles, the formal reason of vsu­rie ceaseth, and the buying with the sale becommeth a lawfull contract.

The answere.

I say first, that howsoeuer the gaine fal out, yet may nothing be exacted for the loan, because god himself hath so appointed.

[Page] 2 I say secondly, that the greater part of people are so farre from gaining thereby, as they are vtterly impouerished by the same.

3▪ I say thirdly, that by the loane of money the proper­tie thereof is altered, and the dominion translated to the bor­rower, and consequentlie, that when the le [...]der extorteth anie thing for the vse thereof,Melancth. in de­finit. theolog. ipso facto. he robbeth the borrow­er and despoyleth him of his lawfull goods: this among the latter writers hath Melancthon well obserued to his immor­tall fame.

4▪ I say fourthly, that money is a thing so barren and vn­fruitfull of it owne nature, as is cannot yeelde any commoditie without the industrie of man:Money is not fruitfull at it selfe. and consequentlie, since the whole fruit thereof preceedeth from mans laborious trauel, to exact anything for the vse thereof, must needs be flat extortion.

The answere.

I answere that no consideration can iustly be exacted,No considera­tion for the loane. for or in respect of the loane. Neuerthelesse, in certaine cases [...] ­plus may verie lawfully, both bee giuen and required, which cases shalbe made manifest, in the next chapter following.

The answere.

I answer,To redeeme a mans vexati­on. that the seller may value his things at an higher price, when in true meaning he doubteth of the payment, be­cause so to deale is but a prudent prouiso, to redeeme his iust vexation: yet here is to be obserued, that the creditors must al­waies giue the ouerplus backe againe, when the debters pay the money in due time.

The answere.

1 I say first, that vsurie is called in Greeke [...] bringing forth or increase, comming of [...], which is to giue to vsu­rie or increase: and it is fitly so tearmed, because it multiplieth or breedeth beyond al measure, for I heard of one that began but with a shilling, and lent it for a penie in the weeke, and so became verie rich in a few yeares. I heard of another, that lent a hundred pounds for ten the first yeare, for xx. the second yeare, for xxx. the third yeere, for xl. the fourth yeare, for 50. the fift yeare, so that when he had payed the principall, hee re­mained 50. pounds indebted yearely for the same. But this matter is so runningly handled now a dayes,They must [...] wares, that know not how to vse them. that the greatest vsurers indeede, would be thought no vsurers at all. For whē one commeth to borrow money on them, they say they haue none, but yet they will let them haue wares, and procure a [Page] friend to buy the same, againe for readie money: which palliat vsurie, hath made some that I know, to sell their whole inheri­tance. I heard of another poore man, who came to a rich cor­morant to borrow money, but receiued this answere, I haue no money to lend (quoth the rich man) but thou hast a good mare, for which I will giue thee fiue nobles, and so thou shalt haue money to doe thy needes: alas quoth the poore man I am not able to spare my mare, because shee is the greatest part of my poore liuing, wel saith the rich man, thou shalt pre­sently haue her againe til a day, if thou wilt enter into bond, to giue me seauen nobles for her: to which lamentable extortion, the poore man was inforced to yeeld. The fact is notorious, my selfe knew both the parties right well, as I said before, this v­surer to the ensample of al others hath lately made a miserable ende.

I say secondly, that in Hebrew it is called Neshech of the 2 roote Nashach, Leui. 25. [...]. 36, 37 which doeth signifie to bite, and that very fit­ly, because it biteth poore men pittifully, and as it were gnaw­eth al their silly substance from them.

I say thirdly, that the gaine of the borrower, cannot make v­surie 3 without biting: the reason is manifest, because biting is included in the formal cause thereof: for as it is alreadie pro­ued, in things consumptible with the vse, the dominion thereof is translated by the loane. & to exact surplussage for the vse of a mans owne, is meere iniustice and flat extortion. For exam­ple, if a rich Landlord should borrow of his poore tenant tenne pounds, & would not repay the same thankfully, neither at all without some gaine, if then the tenant not able without greater domage to recouer his money, should giue to his landlord 40. shillings for the peaceable payment thereof, in such a case the exacting of 40. shillings were mere iniustice and flat extorti­on: This ob [...]ct must be re­membred. and yet for al that, the poore tenant should gaine by giuing the 40. shillings: ad hereunto that money of it owne nature is fruitles, and would yeeld no gaine at all without the industrie of man, that imployeth it to vse.

The answere.

1 I say first, that as one Iew might not take vsurie of another, because they were al brethren, no more may one christian of an­other, as who are al brethren created by one and the same fa­ther, redeemed by one and the same sonne, sanctified by one & the same holy Ghost, three persons and one God: and there­fore do we al ioyntlie pray, Our father which art in heauen.

2 I say secondly, that God dispensed with the Iewes for the hardnes of their hearts, that they might by vsury oppresse strā ­gers, that is to say, the Amalechites and Ammorites, Gods enimies and theirs, because they had iustly deserued to be dis­possessed, D [...]ine dispen­sation. not onely of their goods, but of their liues also: for God the eternal law maker is not so tied to his law, but that he may at his good will and pleasure dispence with the same: and therefore said Christ himselfe, to the Pharises, when they charged his disciples with the breach of the sabboth,Matt. 12. v. 8. that the sonne of man is Lord, euen of the saboth, and according to the common receiued axiome, priuilegium paucorum non facit legem communem, a priueledge granted to some few, cannot e­stablish a common law:Ambr. in libr. de Tobia ca. 14. yea, S. Ambrose sheweth in a large discourse, that the taking vsurie of the Amalechites and Ammorites, cannot make vsurie lawfull amongst vs christi­ans; who so listeth may reade his words in his learned booke de Tobia.

The answer.

I answere, that in these two cases great disparitie may bee found. For in your deliuerie of present money, increase is ex­acted only and solely for the loane. But in the other deliuerie, increase is required for assecuration sake: that is to say, the [Page] partie that deliuereth money or gold at Paris, is in feare to fall among theeues, and so to be dispoiled of all he hath: in re­gard whereof he commeth to a banker, who partly of charitie, and partly to get an honest liuing, keepeth seruants at Milan, Lions, and Genua, with a stocke of mony in euery place. To this banker the traueller giueth a competent consideration, that he may haue his ticket to receiue so much mony, when he comes to such a place, or to his iourneis end. Which increase this banker taketh not for the loane of his money (for hee may rather be said to borrow then to lend) but for the safe deliuerie of my mony at such a place, and for the charges he is at, by ke­ping seruants to that only end. Which thing is so farre from being vsurie, that it is a very commendable and charitable act. Yea in those countries where these bankes be allowed, al vsu­rie is vtterly condemned. And such as die knowen vsurers without satisfaction to the parties damnified, cannot be buri­ed among other christians.

The answer.

I answer, that in these kinds of banks, there is no vsury at all committed, the reason hereof is this; because these bankers haue lands in fee simple, out of which they graunt for so much in hand, either a yeerely rent of so many crownes for euer, or at least for terme of life. Which to do is a lawful contract, as which is nothing else but to sell for an hundred crownes in hand, the yeerely rent of ten crownes for euer. And the same thing may be proportionably verified, in all other like bankes and contracts.

The answer.

I answer, that here I behold great charitie, but vsurie I can find none. For nothing at all is taken for the loane of the mony, but for the necessarie maintenance of the seruants, who attend continually for the conuenient helpe of the borrowers. To which consideration, if the borrowers shoulde not yeelde, neither could the banke [...]dure, neither the pledges be kept in safetie and good order. For the pledges or guages are of sun­dry sortes, and oftentimes can not be kept, without both cost and care. Mary if they take aboue measure, I grant that it is hard dealing, and contrarie to the true meaning of the foun­ders.

The answere.

I say first, that rich men, who haue great store of mony, are bound by Gods lawes, not onely to lend their money without gaine, but also to giue it freely, for the necessary reliefe of their honest poore neighbours:1. Ioan. 3. v. 1 [...]. for as S. Iohn saith, he that hath the wealth of this world, and knoweth his brothers neede, and shutteth vp his bowelles from him, in that man dwelleth not the loue of God. When thou commest to the Church to pray saith S. Chrysostome, Chrysost. hom. 9 in Matth. bring thy reward in thy hand: giue to them that want, and aske of him that hath, that thy prayer may be commended with good works: the hand of the poore faith Rauennus is the treasure of Christ,Ra [...]en▪ and what the poore recei­ueth, that Christ accepteth, which saying our Sauiour Christ cōfirmeth in the gospel, telling vs,Matth. 10. v. 4 [...]. that if one giue but a cup of cold water to the poore for his sake, it shal not be vnrewarded: why saith S. Basill, Basilius. is one made rich and another poore, but that God will reward the fidelitie of the one, and the patience of the other▪ It is the bread of the hungrie which thou hast, the coate of the naked, which thou lockest vp, the shooe of the barefooted, which thou holdest, the mony of the needie, which thou possessest, wherfore thou killest so many as thou canst re­lieue and wilt not.Amb [...]. This saith S. Ambrose, is to kill a man, to denie to help him in his need: beware le [...] thou shut vp in thy bagges, the life of the poore: wilt thou be a fine marchant and rich vsurer,August. saith S. Austen? thē giue that thou canst not keep, to receiue that thou canst not lose, giue a little to receiue much: giue temporall possession, to attaine eternal saluation. I neuer read of any man saith S. Hierome, Hier. that made an ill end, who in his life time, cherefully exercised the works of charitie. And Christs holy Apostle confirmeth al this,Iac. 1. v. 27. when he pronounceth it to be the pure and vndefiled religion before God, to rel [...]eue the fatherlesse and widdowes in their necessitie, [...] cruell vsu­rers, then, are of a new no religion, and god wil one day vomit [Page] them out of his mouth:Note wel this point. for the which cause such vsurers as will not make restitution before their death, of al goodes got­ten [...] vsurie, cannot be [...] in many christian countries to be buried in christian mans buriall, for such sharpe punish­ment seemeth detested vsurie to deserue.

2 I say secondly, that when ouerplus is taken for game truely ceasing, no vsurie is or can be committed, albe it the partie that taketh the ouerplus being a rich man may sinne grieuously a­gainst the rule of charitie. I say (truely ceasing) because mar­chants and other bargainers, do of [...], fain to cease, when there is no such true ceasing at al.

3 I say thirdly, that the notorious vsurers, who will no way employ their money, but to get gaine by the loane thereof, (of which sort are they, that haue sold their lands to get money to lend for gaine) can neuer truely pretend the ceasing of gaine, for since money is fruitles of it owne nature, as is alreadie said, there can no gaine truely cease to him thereby, who neuer meant to put it to honest vse.

4 I say fourthly, that other rich men, who vse honest bargai­ning for honest gaine, cannot for al that truely pretend the cea­sing of gaine, when they lend money to their needie neighbors, at such time and times, as they neither would nor could be­stow the same, during the time of such their loane.

The answere.

1 I say first, that albeit the greater part self dearer for the day, (the mane is the pittie) yet god be thanked for it, many well di­sposed persons, (of whom my selfe and wel acquainted with some) are so farre from that kind of dealing, as they vtterly ab­horre and detest the same.

2 I say secondly, that when the forbearance of the money till such a day, is truely and without fraude preiudicial to the sel­ler, because he cannot vse his money in due time, then for that [Page] end, and in that respect, he may take [...], for his law­ful [...] game: but when his money is so paid, and in such time, as the seller is no way damnified thereby, thē and in such a case, he can take nothing for the day, without the crime of vsurie.

The answere.

I say first to the former sort, that they are not only vsurers,1 but also extortioners, and cruel murderers of their christian neighbours: neither is this my bare doome, but the flat iudge­ment of Christ himselfe, and of al the holy fathers.

I say secondly to the latter sort, that they are tangled with 2 the c [...]nes of vsurie, and consequently bound to restitution.

The answere.

I say first, that kine and sheepe ve things fruitfull of their 1 owne nature, and therefore may be lent out for gaine, and that without vsurie or other iniustice at all.

I say secondly, that when kine, shrepe or other cattell, are 2 lent out or set ouer for gaine, with couenant in bond to re­store the principall, or the iust price thereof, what euent soeuer befall, then the gaine takē in that order, and with those cricum­stances is flat vsurie,He that hath no horse can lose Horse. it cannot be denied: the reason heereof is euident, because ouer and besids the ouerplus taken for the fer­talitie of the rattel, the lender requireth securitie for the princi­pall, and thatby reason of the loane, and consequently the do­minion of the principall is translated, which is the formall rea­son of vsurie: for when anything perisheth it perisheth to the owner, and not to him that hath no title thereunto.

I say thirdly, that he, who lendeth or setteth ouer to his 3 [Page] poore neighbours, kine, sheepe, or other cattel, after a reasona­ble and competente rate, without couenant or bond to deliuer the principal againe, in as good case, state, and order as it was receiued, both a very charitable art, but committeth no vsurie at al.

The answere.

I answer, that the case is farre otherwise: for if your goods be hurt or miscaried any way, by the negligence or default of him that borroweth or hireth them, then both in conscience and by the course of the common law, he is bound to make satisfac­tion for the same: and thus much you may draw into coue­nant if you lift, without [...] suspition of vsurie at all: but if [...] your horse, kine, or sheep; and do to them that which an ho­nest man ought to do, then if they die, or otherwise miscarrie, your selfe must stand to the losse, and not I, for the goods are yours, and not mine, they must perish to you the owner, & not to me the hirer: if you defend the contrarie, you fall into the flat case of vsurie.

The answere.

I answere that it is no vsurie indeede,The cont [...]nes called in latin, [...]. but a verie lawfull contract or bargaine, termed of the Latines, do vt des: the rea­son is euident, because here is nothing taken for the loane: ouer and besides this, it is a meere [...] contract, putting the re­ceiuer in farre better state, then he was before: for the giuer may die the next day, and so the receiuer haue the principal for nothing at all. Againe, if the giuer should liue as long as the common sort of men do, yet could the receiuer be at no losse, [Page] vnlesse his owne negligence were in default.

The answere.

I say first, that you seeme to interpret my instruction accor­ding 1 to your owne best liking.

I say secondly, that there is great disparitie, in these two pro­posed 2 cases: for in the former, the principal must neuer return to the giuer, neither is there anie thing exacted, in respect of the loane: but in the latter, the principall must euer be resto­red, and that which is exacted, is in respect of the loane, for no other consideration can be yeelded: and therefore this filthie lucre, is detestable palliate vsurie.

I say thirdly, that the dealing is plaine diabolicall, howso­euer 3 the worldlings esteeme thereof: yea, the practitioners are so far from being good men, that they are thereby become the cat [...]hpolles of satan:Ambr. in libr. de Tobia. for as S. Ambrose hath wel conclu­ded out of the holy writ, if they be blessed that giue not their money to vsurie, as the holy Prophet of God auoucheth plain­ly then doubtles are they accursed,Psal. 15. that practise vsurie and re­ioyce therein.

The answere.

I say first that many things haue beene often by learned men 1 reproued, which were seldome or neuer wholly reformed.

I say secondly, that the least sinne may not be committed, to 2 gaine the whole world vnto vs: for as the learned men haue collected out of S. Paul, Rom. 3. v. [...]. non sunt facienda mala, vt inde eue­ [...]iant bona: euill may not be done, that good may come there­upon. We may not steale from a rich man, for the reliefe of [Page] the poore: the causes and cases of infants and poore folks, are to be fauoured indeede, but yet euer with iustice, and neuer with sinne:The portions of infants. and therefore we must iudge of lending or setting ouer the ouerplus of infants, euen as we doe of other things, that is to say, if the portions be in mony, then to take any thing for the loane, as the maintenance of the infants, or some consi­deration to that end, is flat vsurie indeede: if the portions be in lands, or other goods that be fruitfull of their owne nature; thē competent consideration may be had, for the increase of the same. Alwaies prouided, that if the goods miscarrie without the negligence or other default of the borrower, that then as is alreadie said, they perish or miscarrie to the lender, who onelie and solely hath the dominion thereof.

The answere.

Neither law,By the way of gratitude, but not of compulsion. conscience, nor reason, doth or can make a man in worse condition for bestowing a benefit, then he was before the gift thereof: and therfore, as he might afore accept of a free donation, so may be much more after his good deseres, receiue that which is freely giuen him, in the way of gratitude. My an­swere now is, that since, as the common prouerbe saith, (one good turne deserueth another) and since ingratitude as wel by the law of nature, as by the lawe diuine, is reproued for a grie­uous sinne, it followeth consequently, that whosoeuer reapeth commoditie by taking an infant, with his portion, and will not to his power make thankfull conspensation for the same, may iustly be condemned of ingratitude: yet as he is to be condem­ned of ingratitude, if he render not thankfully of his owne ac­cord, so if he be compelled by bond of couenant thereunto, then by and by is committed the sinne of vsurie: yet in things fruit­ful some consideration may be had, according to the true sence alreadie touched.

The answere.

I say first, that they who seeke thus to defend their abhomi­nable 1 vsury, commit no small trespasse against the Queenes most excellent maiesty, & the godly setled laws of this realme.

I say secondly, that the lawes of this realme do not approue 2 vsurie for good, but barely tolerate the same punishment in some degree, so to auoid and eschew a greater euil. I proue it by a double reason: first because the common law doth punish 1 al vsurers, that take aboue ten in y^• hundreth: secondly because 2 the common law referreth al vsurers from the highest to the lowest, to be punished by y^e ecclesiasticall cēsures of the church: Where the least vsurie may this day be sharplie punished in this Realme of England, if due information be made thereof: and if such faults in some places at sometimes,Good lawes are somtimes slowly put in execution. passe vnpuni­shed after information giuen, (of which kind of dealing and the like, the poore people make pittifull complaints God wot) that truely must bee imputed to the iniquitie of the inferiour Magistrates, who now and then are corrupted with flatterie, friendship, or gifts, and not to the iust and godly lawes of this Realme.

The answere.

I answere, that albeit some otherwise learned indeede, doe hold the contrarie opinion, yet do I repute it for an vndoubted truth, that Kings, Queenes, absolute Princes, and indepen­dent Magistrates, may in certaine cases vpon godly conside­rations, either tollerate sinne vnpunished, or pardon malefac­tours: for otherwise we must not onely condenme her excel­lent maiestie,Note the pra­ctise of al chri­stendome. that now happilie raigneth ouer vs, but also all her most noble progenitors, yea and al other kings at al times in al ages, throughout al the christian world: for when was the King, and where is the kingdome, in which kings vpon good causes, haue not pardoned malefactors & the time cannot be na­med, the kingdome is vnknowne. Now for the exact handling of this point, (because it is not onelie perti [...]ent to my present [Page] theame, but necessarie also for many other respects) I thinke it to the purpose, to lay downe some strong foundations in that behalfe.The first foundation. First, this is a constant maxime, approued by v­niforme consent of all learned diuines; cessante fine legis cessat lex ipsa; when the finall cause or ende for which the law was made, ceaseth, then doth the law euen of necessitie also cease. This foundation is grounded vpon the holie Scripture in the 15. of the Acts. Whereby the flat decree and setled law of the Apostles,Act. 15. v. 28. 19. we are bound to abstaine from bloud and strangled meates. This notwithstanding, no man hath this day anie scruple of conscience to eate the same: and yet hereof no other sound reason can be yeelded, saue onely that the end for which that law was made, did long sithence cease. For euen at that time there was no precise necessitie to abstain from bloud and strangled meates.Let this point be welmarked But this law was only made in respect of the state of that time, that the Gentiles and the Iewes might liue more peaceably together, and thereby auoyde al occasion of quarrelling. And therefore as soone as that end ceased, this law also ceased with it; and so we this day are freed from the same. Yea this maxime is euident lumine naturali, euen by natural reason. For euerie law is made for some end; which end how ofte soeuer it may be accomplished without the law, so often the execution of the law is needelesse.

Secondly,The second foundation. we must hold this for a constant foundation, that albeit the ciuil magistrate be commaunded to punish malefac­tors; yet is neither the kinde of the punishment, nor the quan­tity thereof taxed by the law of God; but it still abideth indif­ferent, to be determined by the supreme ciuill magistrate. For although there were speciall punishment prescribed in the in­diciall law of Moses, The vsuall punishment of malefactors may bee chan­ged. for transgressors of the sabboth, for ad­ulterers, for murderers and such like; yet neither by the lawe moral, neither by the law of the new testament, to which laws only we christians are this day bound, is any such punishment determined. And therefore the ciuil magistrate (if it so seeme good vnto him) may change the vsual punishment of theeues, (which with vs is to be hanged) and cause them to be cast into the bottome of the sea, with milstones about their necks. And the same may be said, of the punishmēt for other malefactors.

[Page] Thirdly,The third foundation. we must repute this for an vndoubted foundation, that the end for which Gods lawe appointeth malefactors to be punished, is the publike peace and good of the whole com­mon-weale. For this is so euident by the course of the whole scripture, as it can neither with learning nor reason be denied.

Out of these three foundations thus firmly stablished,The first co­rollarie. these two corollaries may euidently be inferred. First, that whenso­euer any member of the common-weale committeth any ca­pitall crime, for which he ought to die by the lawe, whose life notwithstanding is more profitable to the weale publike, than his death, in such a case the prince may pardon such a malefa­ctor, [...] thereby sinne at all. Which thing christian prin­ces seeme to respect, when in the time of warres they set such felons at libertie as are able to doe seruice in defence of the realm.The second corollarie. Secondly, that when any malefactor is so mightie or so strongly seated, that the prince cannot without probable daun­ger of his royal persm, or great domage to the commonweale punish the said malefactor; in such a case the prince may tolle­rate such a malefactor vnpunished, and not thereby sin at all. These foundations and these illations once well vnderstoode and marked, this important controuersie can not but be mani­fest: neuertheles I wil adioyne certaine sound reasons here­vnto for the better confirmation of the same.

The answere.

I say first, that precepts deliuered to vs in holy writ, are 1 of two sorts some affirmatiue, othersome negatiue: the ne­gatiue binde vs at al times, euerie houre, and in euerie place, but the affirmatiue, though they be euer apt to binde,Precepta sunt duplicis generis. yet doe they not actually kinde vs, saue then onely, when the due cir­cumstances of time, place, and persons do occurre: hereupon it comes, that it is neuer lawfull to steale, neuer lawfull to com­mit adulterie, neither lawfull to beare false witnesse, neither at any time nor in any place: the reason hereof is this, because these be precepts negatiue. This notwithstanding, it is some­time lawful to omit the precepts affirmatiue: for example sake,1 it is lawful sometime to smite him that smiteth vs, and yet it is Gods commandement,Matth. 5. v. 39. 40, 41, 42. that whose shal smite thee on the right cheeke, to him thou turne the other also. Againe, it is Gods commandement to giue him thy cloake, that wil sue thee at the 2 law, & take away thy coat, and yet maiest thou at sundry times for sundrie respects, denie him both thy coate and thy cloake: thirdly, it is Gods commaundement to goe with him miles 3 twaine, that wil compel thee to go one, and yet maiest thou sundrie times denie, to go with him either more or lesse: fourth­ly,4 it is Gods commaundement neuer to turne away from him, that would borrow money or other goods of thee; & yet maiest thou sundrie times for good respects deny to lend thy mony or other things: fiftly it is Gods commandement not to aske thy 5 goods againe, of him that taketh them away from thee; and [...]et doth euerie man know,Luc. 6. v. 30. that we may sundrie times not on­ly [Page] aske our goods again, which are vniustly taken from vs, but 6 euen with sute of law, seek to recouer y^e same: sixtly, it is Gods commandement to confesse our faith openly, as a thing most necessary to saluation:Rom. 10. v. 10. and yet we are not bound to confesse our faith openly and vocally, at al times and in euerie place, but where and when the glorie of God, or the vtilitie of our neigh­bour, shal so require: for example sake, then we are bound to confesse our faith vocally,The like may be saide of praying al­waies. when by our silence and taciturnity they that demand vs of our faith, would either beleeue that we had no faith,Luc. 18. 1. or that our faith were not the true faith, or otherr would thereby be altered from the faith, and so forsake the e­uerliuing God. Al which and other the like, haue this only ground and foundation, to wit, that they bee precepts affirma­tiue, which neither binde vs at all times nor in all places. For precepts affirmatiue to vse schoole tearmes:Modus loquendi scholarum. obligant semper, sed non ad semper.

2 I say secondly, that the ciuil magistrate, had authoritie, to mitigate many punishments ordained for malefactors, euen in the time of the old testament: for though he were appointed to punish them that vsed false weights and measures,Deut. 25. 13, 14, 2, 3. yet was the punishment to be determined, euen at his owne discretion. Againe, when the wicked was worthie to be beaten, the iudge might designe him to haue many or few stripes, according to the qualitie or quantitie of his trespasse:Leuit. 25. 53. thirdly, he that solde himselfe to another man, might iustly be afflicted, but yet how and in what measure that shuld be done, was to be determined by the ciuill magistrate.

3 Thirdly, that by the law of the new Testament, the Prince is only [...]harged in general termes, to punish malefactors, for the com [...]n good of his faithful people, in regard wherof, he may lawfully cease frō punishing them, when the common in­tended good of his subiects, cānot or will not insue thereupon.

The answere.

1 I say first, that Achab was precisely designed, to do executi [...] [Page] [...] vpm Benhadad,Vbi supra. and so was also Saul appointed in precise termes, to put to death king Agag. Secondly, that in the new 2 testament Princes haue no such speciall commandement, but are only charged in generall to punish malefactors. Thirdly,3 that affirmatiue precepts bind not in euerie season, but when the due circumstances, of time, place, persons, and the good of the common weale shal so require, as is alreadie proued: for otherwise,In epist. ad Philemonem. I see not how S. Paul can be excused, who made earnest sute to Philemon, not to punish his seruāt Onesimus, who vniustly had departed from him: and the like may be said of S. Austen, who so often made intercession to the princes of Affrica, to pardon the Donatists, and Circumcellions, who did not onely disturbe religion, but also spoiled the christians of their lawful goods: yea, it was y^• vsual custome of the Iewes, as the Gospel beareth record, to set some one prisoner at liber­tie euerie Easter; which custome I find not reprooued, in anie place of holy Writ: yea, the sinne is vsually practiced, in eue­ry Christian Parliament. I say fourthly, that it is so cleare 4 by S. Paul, that malefactors may sometime be pardoned, as it is without al crime and reason, to denie the same: for what can be [...] offence, then such fornicatiō as is not once na­med among the Gentiles, to wit; that one should haue his fa­thers wife.1 Cor. 5. v. 1. And yet when the partie that did this horrible fact, seemed to giue signes of true remorse, then S. Paul himselfe both pardoned him,2. Cor. 2. 8, 9, 10. & willed the Corinthians to do the same. So did the fathers of the Elebertine councill,Conc. Eleb. can. 20. pardon the vsu­rers of the Last al sort, who promised to surcease from vsurie, and to deale no longer therewith, which counsel was holden aboue 1200. yeares ago.

The answere.

I say first, that the ciuill magistrates among the Corinthi­ns, 1 ought to haue put to death the incestuous person, vnlesse [Page] we grant indeede, that Princes may sometime pardon male­factors.

2 I say secondly, that if Princes might not in some respects at some times, pardon malefactors without offence, S. Paul who knew gods minde better then any this day liuing vpon the face of the earth, would neuer haue requested the Corinthians so to do, but would haue charged them to cut off, and to haue taken such a fellow out of the way.

3 I say thirdly, that as S. Paul first excommunicated the persō afterwards he receiued to mercie, euen so do Princes first pu­nish malefactors by imprisonment, attaignment, &c. whom af­therward they pardon.

4 I say fourthly, that S. Peter smot Aananias and Saphira, his wife with sodain death, for their hypocrisie & deceitful dea­ling, and yet did S. Paul pardon the incestuous Corinthian, Whereby we haue to vnderstand, that Princes may pardon malefactors, when it seemes expedient for the common weale I therefore now conclude, that (in my iudgement) they want due consideration, who denie that Princes may pardon male­factors, and I heartily wish and earnestly pray, that al such as do not or wil not condescend thereunto,A verie reaso­nable request. would take the paines soundly and directly to solue such reasons and authorities, as I haue made in that behalfe. Which, (if anie such can be yeelded) I shall no sooner vnderstand, then I wil willingly with heartie thanks, subscribe vnto the same.

The answere.

1 I say first, that this is most execrable palliate vsurie, and [Page] proue it, because the iust rent of the ground is cut off, for the sole and onely loane of the money.

I say secondly, that if the borrowers woulde make earnest 2 complaint hereof, to the zealous executors of her maiesties lawes, then doubtles would these cruel vsurers, these murde­rers of their honest needie neighbours, he sharply punished ac­cording to their deserts.

I say thirdly, that the like deceitfull dealing, is this daie 3 common to our symonists,Symonie is the ruine of Christs church and bringeth the greatest ruine that can be to the church of God: for blinde bussards and idle lub­bards possesse the fat liuings, and worthie learned men in the Vniuersities can get no preferment at al. Now the patrons either prefer such as wil giue them money, or else the vnwor­thie persons whom they prefer to the liuings, must make them a lease of a great part of the tithes, for a yeerely rent of no va­lue: but I hope our good Byshopes, (who of late dayes God be thanked, are farre better then they haue beene) will shortly looke more warily to this matter. My selfe know sundrie in the North parts, who are parsons of fat liuings, and yet so vt­terlie vnlearned as they can scarsely reade the English bible. Others I know to be so poore, by comming to their benefices by symonie, as they haue not wherwith to buy them books for their studies: by meanes hereof the people liue in ignorance, poperie is fostered still, the weake are scandalized, and the free passage of Christs gospel is more then a little hindered.

The answere.

I answer, that this Citie, if it haue lands in fee simple (as I said before of banks) out of which it granteth a perpetual rent of eight pounds by the yeare, for the hundred pounds paid in hand,Marke these words well. then it makes a lawful contract and committes no vsury at all: but if the same citie haue no yeerely reuenewes, out of [Page] which it paieth the said summe, then is it flat vsurie giuen only for the leane: note what was said before of the portions of in­fants during their non-age and minoritie: for euil deedes are not therefore good, because good followeth thereupon.

The answere.

1 I say first, with Christs Apostle, that such donours had in­deede a kind of zeale,Rom. 10. v. 10. but not grounded vpon knowledge, a good worke indeede is done, but not by a lawful meane.

2 I say secondly, that the answere to the question aforegoing, is the flat resolution hereof.

3 I say thirdly, that it is flat vsurie, because whatsoeuer is al­lotted to the poore or high wayes, is onely giuen for the loane of the money, if the case be wel marked this cannot be denied.

The answere.

1 I say first, that the heires, and such as haue the lands and goods of vsurers by discent or donation, stand bound in soli­dum and totally, to make restitution for the vsurie, so far forth as the lands and goods will extend.

2 I say secondly, that others who haue bought lands or goods of vsurers, and pa [...]ed the iust value thereof for them, are not bound to restitution: yet if either such goods and lands remain in their proper kind, as they were gotten by vsurie, or were bought at an vnder value, then as wel the things that remain in their proper kind, as the ouerplus by which the buyer is in­riched, must be restored to him or them that were oppressed with the vsurie: and if he or they cannot be knowne, so much must be giuen to the poore:Matth. 25. v. 40. for in such cases the poore succeede [Page] in Christs roome,Psal. 14. v. 1. the [...]

The answere.

I say first, that if the vsurer left not goods sufficient for re­stitution,1 then is he that had the horse gratis, bound to restore him to the oppressed partie.

I say secondly, that he that bought the horse bona fide, and 2 gaue the iust price for the same, is not bound so any restitution.

I say thirdly, that the man who bought the horse mala fide, is 3 doubtles bound to restitution. First, because hee concurred to an vnlawfull act. Againe, for that he bought the horse at an vnder value, & so made the partie impotēt in way of restitutiō.

The answere.

I say first, that they onely are not bound to restitution, who 1 eate of stollen mutton, but euen they also who eate of stollen venison.

I say secondly, that they who eate thereof and are priuie to 2 the stealing, are not onely bound to restitution, but withal are guiltie of a greeuous crime.

I say thirdly, that they who eate thereof, bona fide, are in­deede 3 free from sinne in respect of that eating, although they remaine bound in way of ciuill satisfaction.

The answere

I answere, that so soone as the partie grieued granteth re­laxation, the vsurer is by and by freed from all restitution, al­though he be not free from sinne, by reason of his impenitent heart that will not giue to euerie man his owne.

[Page] [...]

THus [...] and painful [...] paint out fitly in her [...] colours, the de­formed 1 and impudent ladie Vsurie. First I haue shewed ex­actly, 2 the essence, nature, and definition of vsurie: secondly the 3 heinous sinne and irksome deformitie of the same: thirdly the difference betweene vsurie, and other lawful contracts of len­ding: 4 fourthly, the obiect of vsurie, and things in which it is 5 committed: fiftly the seuerall kindes of vsurie, and their pro­per 6 adiuncts: sixtly, the gaine ceasing, and losse insuing by and 7 through the loane of mony; seauenthly, that vsury is flat theft, 8 and also that it bindeth to restitution. Eightly, I haue solued 9 sundrie important obiections, made in defence of vsury. Ninth­ly, I haue proposed certaine difficult questions, with euident and plaine resolutions of the same: by which my labour if thou canst reape any emolument, then see thou be thankfull to God for the [...], the principal workman of euery good worke: to whom with the Sonne and the holy ghost, be all [...], and glory now [...] euer, Amen.

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