The occasion of this Treatise, and the argu­mentes vvhich are commonly made for the defense of vsurie, and vvhat is vsurie. The first Chapiter.

I Did not intrude my selfe (good Reader) to make this Treatise, but was forced ther­vnto, by verie ne­cessitie: except I would wilful­ly suffer my Christian brethern to runne hedlong into vice, and to defend that for lawful, which is vtterly against the ordinance of God. And suerly when I saw, that a sinne was not only committed (which cometh of the frayltie of man) but was also defended: then [Page] I tought it my dutie, not to holde my penne any longer.

The matter I speake of, is vsurie, in defence whereof thus I haue heard diuerse mē reason at seueral tymes. I haue (sayeth he) a poore stocke of money lawfully gotten, it lyeth by me idely, and it will quickly be spent, if it be not occu­pied. I was not brought vp in the trade of merchandise, I haue wife and childrē, who are like to begge, vnlesse I prouide some perpetuall reliefe for them. In this case what shal I do with my money but im­ploye it so, that it might not be lost, and yet might bring me some yearely profite?

Agayne, I lend it to such a mer­chant whom I knowe to take cō ­moditie and no hurt therby: why then may I not take profite of mine owne money [...]ogether with [Page 2] him? or why should he enrich him selfe with my money, and not be bounde to geue me some part of his gaine? Hereunto when I made answer,Exod. 22. Leuit. 25. Psal. 14. that the word of God did forbid vsurie: he replied, that he thought it was rather a coūsel ge­uen in Gods word to auoyde ex­treme taking of vsurie, then any such precept as bound men to the obedience therof vnder the paine of euerlasting damnatiō. Nay (said I) that can not be so. For the Church hath taken it to be a com­maundement which must be kept vnder the paine of damnation,Sub Alexā ­dro tertio. in Concil. Lateranest c. 25. and thervpō it hath forbidden open v­surers to be admitted to the cōmu­niō of the altare, and to be buried in holy ground, and their offerings to be receaued, vnder the paine of suspension to him that burieth, or­els receaueth their oblations.

[Page]Here began a new disputation, which is the true Churche, and what power positiue lawes haue. Yea the word of God (according to these new interpretations) is also brought forth, that such vsurie as byteth him sore who boroweth, is in dede forbidden (for in the Hebrew vsurie is named of by­ting) but not suche as doth bring commoditie, as well to the bo­rower, as to the lender. I wonde­red to see what shift the deuill made, to maintaine that most hei­nouse crime of vsurie, in so much that he hath found the pretense of holy scripture and of Gods word for it.

To make short the disputation, and to cut of th'vnprofitable talke of wordes and names, I sayd at the last (which nowe God willing I wil proue) vsurie is vtterly against [Page 3] God and Nature, euen as mankil­ling is. And therefore whatsoe­euer the holy Scripture or the Catholike Churche hath decre­ed thereof, yt hath decreed yt as against one of the greatest mor­tal sinnes that can be. So that nowe it is my part to shewe, how vsurie is not only against the coū ­sel of God expressed in the holy scriptures, but also against his will and commaundement: the breach whereof is euerlasting death▪ as it shall appere both by the circum­stance of the places wherein it is forbidden, and also by the reason of the forbidding, this only being first knowen: that,VVhat is vsurie. vsurie is all ma­ner of gaines, which is either bar­gained or hoped for by the force of the contract of geuing to lone, whe­ther monie be lent, or oile, corne, wine, or any like thing that is spent [Page] with the first natural and proper vse thereof▪ for when the vse of that thing which can be but once vsed of the borower without the spē ­ding thereof and which by the ve­ry deliuery to thend it may be v­sed,Real vsu­rie. is alienated from the lender, is payed for: that is real vsurie▪ and when the lender hath a desire to be paid for the vse of that thing,Mentall vsurie. that is mental vsurie.

That vsurie is forbidden by Gods lavve, vn­der the paine of euerlasting damna­tion. The second Chapiter.

IF men had now that obedience and faith which they once had, and stil should haue: it had suffi­ced to haue sayed in one woorde, The Church condemneth vsurie, and [Page 4] forbiddeth it as a mortal sinne. He that heareth not the Churche, Mat. 18. is to be taken as an heathen and a Pub­lican. But nowe if we answer so, they will demaund which is the true Church, where is it, or how can we be assured, that it erreth not? For whiche cause I am con­strained, to geue an accompt of the Churches doctrine touching vsurie.

And for as muche as the au­thoritie of the Church being once called into question, the Scrip­tures also (whiche were geuen onely to the Churche, and are knowen by her tradition, and by her vnwritten witnesse) can not keepe their creditte, but are ex­pounded accordinge to euerie mans lust and phantasie: I must also be forced, to resort vnto na­tural reason, and thereby to shew, [Page] that vsurie is of it selfe naught and vniust. For albeit the rule of rea­son may not stil be folowed, for as much as the articles of our faithe depend not vppon natural reason which is common to all men, but vpon the reuelation of Iesus Christ who powreth his giftes into the hartes of the faithfull abundantly: yet nowe it shall not be amisse to proue, that vsurie is against natural reason, because it is a matter of in­iurie and of ciuil iniustice, where­of reason may iudge. But who so is not able to reache vnto the depth of reason, that he may at the least not lacke the authoritie of Gods word: I wil first declare, that the word of God sheweth vsurie to be a great sinne.

Exod. 22.It is written in the olde testa­ment after this sort: Si pecuniam mutuam dederis populo meo pauperi [Page 5] qui habitat tecum, non vrgebis eum quasi exactor, nec vsuris opprimes. If thou shalt geue monie to lone vn­to my poore people which dwel­leth with thee, thou shalt not be in­stant vpon him as an importunate wringer, neither shalt thou op­presse him with vsurie. First this precept standeth emōg other mo­ral preceptes, which are to be kept of necessitie.Exod. 22. For a litle before it is forbidden, that witches should be suffered to lyue, or those that had lyen with beastes, or those that should of­fer sacrifice to any, sauing to God a­lone. The people were also forbid­den, to hurt a childe, or a widow. Af­ter which preceptes, this of vsurie foloweth.

Seing then it is ioyned with those commaundements, which if they be not kept, the breaker is guyltie of euerlasting death: we [Page] must thinke also the verie same of vsurie. Neither may it iustly be layed against me, that not euerie vsurie is forbidden, but onely that whiche wringeth and byteth the poore: for both euerie vsurie dooth wring and byte, and eue­rie lending ought to be made vn­to the poore. For lending is a kind of charitie, or of almosedeedes, which was instituted chiefely and only for the poore. Who seeth not then, that it is an abuse to lend monie to him, who hath as much, or more, then he that lendeth yt?

If then thou lend to the poore, saith God (meaning, that for other men the contract of lending was not made) thou shalt not byte him nor wring him. To lende vnto the poore, that is in dede a counsel ra­ther then a precept, and therefore it is not said, thou shalt lend monie [Page 6] to the poore man. But if thou doe lend him mony, it is the cōmande­ment of God, not to take vsurie of him, because that were to wring him, and to byte him. Now as it cā not be but a great fault, to wring or byte any mā: so is it much more, to wring or byte him, who is alrea­die poore and miserable.

Moreouer,Leuit, 25 [...] this precept is ex­pounded by another lyke place. If thy brother be impouerished, ne accipias vsuras ab eo, nec amplius quàm dedisti take thou no vsurie of him, nor any more then thou did­dest delyuer. Here he is called our brother, which before was called Gods poore people: and, whome we were forbidden to wringe or byte, of him we are nowe forbidden, to take any more, then we deliuerid vnto him. For he that taketh one pēny more, [Page] then he delyuered: wringeth and byteth him, asmuch as that penny cometh to.

Deut. 23.Agayne God sayeth: Non foe­nerabis fratri tuo ad vsuram pecu­niam, nec fruges; nec quamlibet a­liam rem, sed alieno. Thou shalt not increase monie vpon thy brother by vsurie, nor corne, nor any other thing: but do that to thine enemy. Fratri autem tuo, as (que) vsura, id quod indiget, commodabis. Thou shalt lēd thy brother that whiche he lac­keth, without vsurie. The carnall Iewes had certain infidels to their enemies: whom as they might kil, so might they oppresse them with vsurie. But now seing euerie man is both our neighbour, and our brother: we may not take vsurie of any man at al.

It is here farther to be noted, that vsurie consisteth not only in [Page 7] taking gaynes of monie, but also in corne, or any other kynd of thing whiche may be geuen to lone, as it shal afterward be decla­red. For al that which by the way of lone is hoaped to be restored aboue that which was lent, ma­keth the lender guyltie of vsurie, and consequently of death, as in Ezechiel also we reade:Ezec. 18. & 22. Dans ad vsuram & amplius accipiens, non vi­uet. He that geueth (his monie or wares) to vsurie, and taketh more (then he gaue) shal not lyue. That is to say, he shal not enioy heauen, without he repent him of it.

Also when Dauid had asked,Psal. 14. who should dwel in our Lordes taber­nacle, he answereth (emong other thinges) he that hath not geuen his monie to vsurie, meanīg, that who­so hath geuen his monie to vsurie, shall not dwel with God.

[Page]Last of al Christ him selfe saith: Date mutuum, Luc. 6. nihil inde sperantes, geue to lone, hoaping for nothing out of the lone it selfe, or in the respect thereof. Where, not only expresse bargaines for vsurie: but al hope also and expectatiō of gayne to ryse therby, is vtterly forbidden. For the verie greedines to receaue gayne by a liberal and free con­tract, maketh a man to be a synner in the sight of God: because for his part he turneth a free and charita­ble contract into the most wrong­ful and hurtful bargaine that cā be. For wherin he should haue ayded the poore, therein he oppresseth them. And where he should ra­ther haue lost somewhat of his owne for Gods sake, there he in­creaseth his owne, and taketh a­way another mās goods iniurious­ly: as it shal more plainly appeare, [Page 8] when the matter of geuīg to lone is fully declared. For this prohibi­tion of vsurie in Gods lawe, is but the opening and making playne of the law of nature in that behalfe.

VVhence bargaines proceede, and vvhy Al­mosdedes are so acceptable to God. The third Chapiter.

SVche bargaines, couenantes, contractes, and obligations, as do vsually passe emong men, either proceede from liberalitie, or els from the necessarie vse of trafique. Those procede from libe­ralitie, wherein the one partie a­lone taketh commoditie, as in all free giftes and legacies. But those bargaines which are practised to and fro, for the necessitie of eche partie, ought to bring losse or gaine equally to eche of them: as [Page] in byeng and selling, setting, and taking to hyer, in felowship of mer­chādise, and in such like cases it co­meth to passe. My purpose is at this time to speake only of the first kind of couenantes, and yet not of all them, but specially of geuīg to lone or lending, which in Latin is called Mutuū. Now albeit a donation or free gift, whē it is really deliuered, is not properly a contract: yet be­cause many times a man bindeth him selfe by solemne promise afore hand, to geue a thing afterward, in this case there is a certain couenāt betwen them, which must be kept. Once that kind of doing or of bar­gaining, which is most liberall, or hath least hope of gaine or reward to be returned, is of all other most acceptable to God, and most honorable in it self, as coming nighest to the nature and workīg of Almigh­tie [Page 9] God:Ephes. 2. Gal. 5. Rom. 5. Rom. 2. who first geuing vs freely faith and charitie, wherby we may do his will: afterward promiseth, and wil geue vs life euerlasting, if we beleue in him, and with his grace do kepe his cōmaundemēts. And yet for al this he looketh for no commoditie, by our faith or o­bediēce,Luc. 17. but we are stil vnprofitable seruātes, as touching any gaine that may rise to him by our seruice: but only he of his botomelesse mercie spreadeth his goodnes vpon vs, to enrich our miserable pouerty with his vnspeakable treasures and glo­rie. For this cause Almosdedes are so much cōmended in holy Scrip­tures: as in the which we geue and presently deliuer, or bynde our selues to geue and to deliuer our superfluouse or profitable goodes, to our poore neighbours for Gods sake, and that although there be no [Page] hoape to receaue lyke kyndnesse againe of them.

Luc. 11.A certaine Phariseie did on a time bid Christ to diner, and when he sawe Christ sit downe before he had washed, he wondered not a litle at yt. Then sayed our Lord to him: Now yee Pharisies do make cleane the outmost part of the cup and of the platter, but that which is within you, is ful of rauening and of iniquitie. Ye fooles, did not he who made that which is without, make also that with is within? Howbeit geue almose of that which is ouer­plus in you, and lo, al thinges are cleane vnto you.

By which testimonie the truth it selfe doth witnesse, that euen our dayly sinnes and inward vn­cleannesse, are made cleane by Almosdedes. And therfore when Zacheus had saied, Behold, I geue [Page 10] halfe my goodes to the poore, Luc. 19. and if I haue deceaued any man, I restore fower dubble: Iesus answered, that the same day saluation was made to that house, for that he also was made the sonne of Abrahā. Yea the very perfectiō of a faithful man is shew­ed by Christ to consist,Mat. 19. in selling a­way al thinges that he hath, and in geuing yt to the poore. Which who so doth and foloweth Christ, shal haue a treasure in heauen. In so much that on the day of Iudgement Christ sheweth,Mat. 25. that those who haue done the workes of mercie, for his sake, shall haue heauen for their reward, and those who haue not done them, shal go into hel fyer.

This being so, yt should not seme any vnwonted sute to Chri­stian men, if I should exhorte them to geue away al their goodes to others who lacke, and so to fol­low [Page] Christ. But now I aske not so much. It is now no world wherein to require any such perfection. I would thinke my selfe happy, if I were able to persuade men to geue away onely that which they haue superfluous and more then is need­ful. Nay neither that do I now aske which yet in cases of other mens neede, they are bound to do. But I aske and beseche men only to a­uoyde and eschew those, whiche are extreme great sinnes, and most enemies to Almosdedes, I meane, vsury, ād Symony. Of which Symony is cōmitted in spirituall causes, vsury in tēporal ād secular matters. Of Symony I wil not speak, either because the matter is not so hard, or intricate, and therefore is not lightly cōmitted but vpon malice, which cōmonly is incurable: or els because those of the clergie, who most cōmonly are the mē that fall [Page 11] into that horrible vice, are them selues, or at the least should be so farre lerned,Act. 8. as to know that Symō Magus (vnlesse he repēted) had the sentēce of dānation pronoūced by S. Peter vpō him, because he went about to bie the giftes of the holy Ghost with money. And he that bieth or selleth a benefice, or any thing wherevnto the administra­tiō of the giftes of the holy Ghost is annexed, is in the same case for his degree with Symō Magꝰ, except he so repēt as he ought to do, ād be absolued according as the Church hath euer vsed to absolue such cri­mes. But the matter of vsury is not so easie to vnderstād, as that of Sy­mony, and therefore it needeth a longer discourse to declare the iniquitie thereof, which being one of the verie greatest, yet through the ignorance or blyndnesse of [Page] men, is now growen out of know­ledge, and is taken to be either none at al, or suerly no verie great fault. But how can that be a smal fault, which is cōtrarie to so great a vertue as almosdeedes is? Truth must be heard with patiēce, good Reader.Proue. 27. The woundes of him that loueth, are better then the deceitfull kysses of him that hateth. Vsurie of it selfe is more contrarie to almos­deedes, then commonly robberie or theft is: because theft is most tymes committed of them that lacke, but vsurie is committed on­ly of them who are riche. The theefe as nighe as he can, wil ne­uer robbe a poore man: the vsurer doth commonly robbe poore men most of al. Theft is punished by opē lawes, vsurie is winked at, because it is a gētill manly theft. Al men are ashamed of theft, but many men [Page 12] professe vsury, and blush not much at yt, for that euil custome hath so long tyme borne with it. I speake not this of al kind of vsurers, but of the worst sort of them, where­as yet there is none at al good. But there is great oddes betwene opē bargaining for vsurie, and priuie expecting of some reward. That is done without the feare of God, and therefore it is harder for to obteine pardon, and neadeth the greater penaūce: this is done with remorse of conscience, and there­fore it may the more easely be for­geuen, if vpon better information the grace of God be called for, who would all men to come to the knowledge of the truth, and so by his mercie and Sacramentes to come to saluation.1. Tim. 2.

But you wil say perhaps, that some men sette out their monie to [Page] vsurie, to th'end they may be able to do good dedes with that gayne with ariseth to them by vsurie. But as wel might he say, that he would robbe one man, to geue almose to another. For to such the Apostle saith:Rom. 2. Euil thinges are not to be don, that good things may follow thereon. God in dede vseth to turne euil in­to good. But that is able to be don of him only, who can of nothing make somewhat. For an euil thing in that respect as it is euil, is nothīg at al, but is only a defect and faylīg frō som goodnes or other. But mā, who is not able to turne nothing into somewhat, or euil into good, may not presume to do euil vpon hope of a good thing to follow, si­thens it is Gods only choise, whe­ther any good shal follow thereof, or no. And who so presumeth that vpō his euil fact God wil work a [Page 13] good effect, he presumeth of God.

And least I might seeme to write so weighty a matter vpō my own head:In Decres. 14. q. 4. c. si quis. S. Ambrose saith without any exception: Si quis vsurā accipit, ra­pinā facit, vita nō viuit. If a mā re­ceaue vsurie, he cōmitteth violent robberie, he lyueth not euerla­stingly. And S. Augustine saieth, Nolite eleemosynas facere de foenore & vsuris, (& pòst) Dona iniquorum nō probat Altissimus. Be ye not of the will to geue almose of that which is gottē by multiplieng your stock, or by vsurie. The most high god alloweth not their giftes, who gette the goodes which thei geue vniustly. And S. Gregorie saith:Ep. 110. That Almose pleaseth God, which is geuen of goodes, rightly gottē. Thus we see, that it is not the geuing of almose which can make good the vsurers fault: but when he hath rendered [Page] his owne to him whom he vniust­ly hath oppressed, then lette him followe Zacheus, ‘in geuing away his owne goodes (and not other mens) vnto the poore.’

Of geuing to lone or of lending, vvhich are naturally free contractes. The fourth Chapiter.

THe first degree then of wor­thines in any kinde of exter­nal trafique appertaineth to almose deedes, as I shewed before, because they come nighest to the great goodnes of God, who free­ly,Rom. 8 and without any recompense hoped for, gaue vs his owne sonne, and al thinges beside with him.

The next degree of worthines after free giftes, belongeth to that liberal contract, which in Latin is called Mutuum, in English it is na­med, [Page 14] geuing to lone, or lending. The Latin name is compounded of two wordes, meum and tuum myne, and thine, as if we might say in en­glish Mynethine: whereby is mēt, that the thing which before was myne, is by lending made thine, to the end thou maist vse it, being thine owne, and the value thereof must again of thine be made myne when it is restored back vnto me: so that geuing to lone for the time that it dureth, differreth not from a free gift, but is as much to say as a gift for so long, whereas a free gift is a gift for euer, without any restitution at al. But whiles the thing it selfe is in thy handes, it is not now mine, nor in it self neuer shalbe, but I haue only a right to so much in quantitie, and to so good a thing in qualitie, as that was which I lent. In a free gift then I [Page] can not aske againe neither the thing it selfe, nor such an other thing: but in lone, I may require such an other thinge, but not the self same which I lent.

The better to vnderstand this kind of bargain, it to be knowen, that there are two kindes of len­ding▪ for whereas euerie lending is to thend the thing lent may be v­sed of another man without my losse: the vse of a thing may be af­ter two sortes.

And first to beginne with one, I may lend such a thing as without alienating or perishing maybe vsed of another man, as it chanceth when I lend him my howse, my horse, my plate or vessel. He then that taketh my house to dwel in, may vse my house this day, and again to morrow and so for many monethes or yeares together, and [Page 15] yet my howse shall still remaine vnperished, although it may wast more and more. And the like doth chance in my horse, or any such thinge as is not spent with the first vse thereof. On the other syde, I may lend such a thing as cā not be imploied to his natural and proper vse, except either the pro­prietie of the same be alienated, or the thing it selfe doe perish: for example, yf I lend you a barrel of beere, you can not vse that beere to suche a purpose as beere is ordained vnto, except you drink it, or bestow it where it may be drunkē. Now whē it is once drun­kē, yt cā be drunken no more, but it perisheth and ceaseth to be any longer beere. The like is seene in corne, in oyle, in wine, and in such other things as we vse to number, weigh, or measure: the chief vse [Page] of all which is to be spent with the first vse of them, and not to remaine stil his, whose they were before they were vsed.

Whereas then some thinges may be vsed of him to whome they are lent, without spending of them, as howses and horses, but other thinges can not be vsed, ex­cept they be alienated and spent, as corne, and wine: these two di­uerse vses haue caused and made two diuerse contractes and bar­gaines. For that contract where­in the thinge dooth perish toge­ther with the vse, is called in latin Mutuum. The other wherein the thing lent remaineth stil in his vse to whom it is lent, is called in La­tin Commodatum. In english both contractes haue commonly one name, and are eche of them cal­led Lone. But the natures of the [Page 16] thinges being diuerse, do require a diuerse handling of them, albeit both haue one name in our tonge, which may chance either thorow the barraines of the tonge, or ells thorow the ignorance of the com­mon people, who vse not to name that diuersly, wherein they perceiue not an euident differēce. But we may reasonably englishe Mutuum, a geuing to lone: and Commodatum, a lending without any gift. For Mutuum is more then a lending, sithens the thing is both geuen and lent: geuen from me cōcerning the proprietie, and lent to another concerning that I bind him to restore the like quantitie of the same kind of things. This first is cōmon to both kindes of lending, that the thing lent, must be lent freely and without bargayning for any certaine hyer or wages. For if [Page] I lend my horse vpon a dayly pen­siō, it is the contract of Locatiō or of setting out to hyer: and not the cōtract of lending, or of geuing to lone whose nature is to be alwaies free and francke.

The difference then betwene the two kindes of lending, is, that when I lend such a thing as is not spent ordinarily with the first vse, the thing lent remaineth stil mine owne. For when I lende my booke to my frind (whiche is a common thinge emong scholars) I doe not alienate the booke from me, but I remaine still the lorde and proprietarie of it, lending my frind the vse thereof. But when I geue to lone such a thinge, as is straight spent with the first vse thereof: then not onely the vse, but also the proprietie and domi­nion thereof passeth from me to [Page 17] him who boroweth yt▪ and good reason why. For al such thinges are so principally made of God for one certaine vse (as bread to be eaten, wine to be drunken) that the vse differeth not frō the thing it selfe. Because they can not dure any longer when they are once vsed, but straight doe pe­rishe, and become either another thing, or at the least another mans goodes.

In consideration whereof, he that lendeth me suche thinges, by the very lending, leeseth the propriety and dominion of them▪ for ells I should spend another mās goodes to his iniury, which is both against reason and also against his wil or intēt. For as he would haue me take cōmoditie of his goodes by vsing them: so would he not hinder him self therewithal. But if [Page] I should borow a bushel of wheat of another man, and yet the same bushel of wheat should stil be his, I should either not vse the wheat at al in making bread thereof, or oc­cupieng it otherwise (and then it doth me no seruice) or els I should spend yt being his, and thereby he should sustaine farther losse, then himselfe would agree vnto. For if I do spend another mans goodes by his consent, I am not answer­able to him for them: no more then I should answer him his oyle againe, who should bid me throw it into the fyer.

So that if he that boroweth corne, should not straight become lord and maister of the corne, ei­ther he should neuer spend yt (and then yt serueth him not) or he should spend yt with the lordes owne consent, and then he were [Page 18] bound to restore nothing at al, si­thens the lord cōsented wittingly to the spending of his own corne. Which if it were so, no mā would euer lend such thinges as be spent with the first vse of them, except he were disposed to geue them away. And seeing fewe men are prone to geue much, many poore men should perish for lacke of sustenance.

God therefore hath more sweetely prouided, that in suche thinges as are spent and alienated from vs when we once vse them, the dominiō and propriety should be in the borower and spender of them, to thēd he might boldly spēd his own▪ and yet he should be boūd to restore so much again in nūber, or weight, or measure, as thei came vnto. Whereby the lender and also the borower is wel prouided for.

[Page]Herevpon yt insueth, that who so boroweth those thinges which are geuen to lone, and are spent with the first vse, must beare all maner of peril▪ bicause euery thing is alway at the losse of him, who is lorde and maister thereof.

If then you borowe of me a pype of wine, and immediatly the wine be takē from you by theues, or be otherwise lost: I am not bound to beare any of the losse, but he only that boroweth it, be­cause it is his wine, and not myne. But it is otherwise when I lend my horse to a man. For if the horse perish, without any maner of his fault who borowed it: I loose the horse, and not he (ex­cept some expresse couenant be made to the contrarie) because the horse tarrieth still myne, and was not his at al. Wherevpon Iustinian [Page 19] saith: Qui mutuū accepit, Institut. Quib [...] des re co­trabitur obligatio. si quolibet fortuito casu amiserit quod accepit, veluti incendio, ruina, naufragio, aut latronum hostiúmue incursu, ni­hilominus obligatus remanet. At is qui vtendum accepit, sanè quidem exactam diligentiam custodiendae rei praestare iubetur: sed propter maiorē vim, maioresue casus non tenetur, si modò non ipsius culpa is casus inter­uenerit. He that hath taken to lone, if he shal lose that which he tooke, by whatsoeuer casualtie or chaunce, as by fyre, by falling, by shipwracke, or by incursion of theues or of enemies, he remai­neth neuerthelesse bound. But he that toke a thing to vse, he is in dede cōmaunded to vse exact dili­gence in keeping yt: but he is not bound against greater force or mis­chance then he is able to resist, ex­cept the same hapned by his owne [Page] default. This verely is the lawe of nature, and the rule of reason, that euerie thing should be at his peril, who is the lord and owner of yt, except some other mans fault or some expresse couenant come betwene.

These thinges being so, it is to be knowen, that al coyne and mo­nie, whether it be of gold, of syl­uer, of brasse, or of leather, is to be reputed and numbred emong such thinges as are spent with the first proper vse of them. For monie is not like a booke, or a horse, which being vsed to day, may be vsed againe of the same man to mor­row, and so one day after another: but monie is like to wheat, and to wine which as soone as it is vsed to that end whervnto it was chief­ly ordained, is spent and alienated from him that borowed it. For if I [Page 20] borowe tenne poundes of monie, I can not vse those tenne poundes (in spending them, so as monie is commonly vsed) except I geue yt, pay it out, or bye somewhat there­with. And in al those cases the mo­nie goeth from my hādes, so that I haue no more power vpon it: nei­ther can I vse it agayne, as vpon the former lone, except I come by it againe by a newe bargaine.

For this cause al the lawiers and Philosophers, aswell those that were before Christ, as those that were after, and likewise all the Christian Doctours, Bishopes, and learned men haue with one ac­cord rekoned al mony and coyne, yea al mettalles which serue to bie or to paie withall, emong those things which are spent when they are first vsed. These are the wordes of Iustinian th'Emperour: [Page] Mutui datio in ijs rebus consistit, Institut. ibidem. quae pondere, numero, mensuráue cō ­stant: veluti, vino, oleo frumento, pe­cunia numerata, aere, argento, auro, quas res aut numerando, aut metien­do, aut appendendo in hoc damus, vt accipientium fiant. Geuing to lone doth cōsist in those thinges, which stand by weight, number, or mea­sure, as in wine, oyle, corne, num­bered mony, brasse, syluer, gold, which thinges we geue either by nūbring, by measurīg, or by weigh­ing, for this purpose, that they may be made theirs, who receiue them.

Here we haue not only a plain authority, that mony is one of the things which is geuen to lone: but also we haue a reason ioyned ther­with. For if al things that consist in measure or weight, or number, be of those thinges which are geuē to lone: seing it is euident, that mony [Page 21] may be both weighed and num­bered, yea sometymes also measu­red: it is clere, that mony is emong those thinges, which being geuen to lone, are spent with the first vse, and not emong those, which being lent, do stil remaine safe with him who vseth them. Now the reason why geuing to lone doth consist in such thinges as are weighed, nū ­bered, or measured, is, for that those thinges, which can not be them selues restored againe to the former lord and maister of them, ought to be brought to an exact certainty, to th'end it may be eui­dently knowen, what he oweth who boroweth them. For no rea­son would, that he who lendeth me his goodes freely should there­by take any losse. Verely an ex­act certaintie is knowen by num­bring, measuring, and weighing. [Page] For these tryals neuer faile. If then I lend a quart of old french wine, although I can not aske the selfe same quart againe: yet the mea­sure of a quart maketh it certaine, how much he must paye who bo­roweth the wine of me. And he must paye not only a quart, but a quart of that kind of wine, and of that goodnes whereof it was.

Hytherto we haue learned, first, that geuing to lone is a con­tract in nature next vnto almose deedes, or to a free gift, not diffe­ring at al from it, for the tyme that it dureth.

Secondly, that yt ought all­waies to be free: otherwise it is no lone at al, but a selling or setting to hyer.

Thirdly, that yt differeth from simple lending, because the pro­prietie of the thing geuen to lone, [Page 22] becometh his owne who borow­eth yt, which is not so in simple lending.

Fourthly, it insueth herevpon, that in geuing to lone, the danger and losse is his only who borow­eth, and not at al his who geueth to lone: because the lord of eue­rie thing alwaies beareth the losse, and not he who had nothing to do withal.

Fifthly, thinges geuen to lone be such as consist of weight, num­ber and measure: as wine, oyle, corne or graine.

Last of all, monie is of those thinges which are geuen to lone, and cōsequently he is not lord of yt who lent yt, but he only who boroweth it. And therefore if the mony lent, be stolen, or doe perish by what soeuer mischance, with­out any default in the world of [Page] him who doth borowe yt: yet he that gaue it to lone, may with safe conscience aske so much again as he lent, and the borower (if he be able) is bound to repaie yt.

Hovv much it importeth, that the boundes and limites of euerie contract belonging to the lavv of nations, should be inuio­lably kept and maintayned. The v. Chapiter.

WHereas al good and ho­nest lawes ought to be duly kept and obeyed, as by which the commō weale doth chiefly stand: yet specially those lawes are aboue al other to be euery where mayntayned, which be­long not only to particular cyties or states, but euen to the whole societie of all nations, and to the vniuersall felowship of all man­kind. [Page 23] For as the particular lawe is made vpon the particular reason and consent of some one people: so the generall ordinances of all countries are made, vpon the ge­neral reason and cōsent of al men in the whole world.

Any one people may be some­tymes either blinded with affectiō, or deceaued for lacke of good in­struction. And therefore their law being sometime vniust, may in that case be iustly neglected. But that which pleaseth al mē of al religiōs, of al studies, educatiōs, and sortes, can not suerly be erroneouse or wrongfull, sithens the cōmon dis­course and cōsent of al mē cometh only of God, who is the maker and gouernour of al. And consequent­ly that wherein all men agree, must needes be suche a thing, as either nature it selfe taught them [Page] al, or els great necessitie, publike profit, and long experience forced al men to agree vpon. And there­fore who so breaketh that general decree and law of al nations, he is an enemie to the peace of man­kind, and is vnworthie to lyue in any part of that felowship, whose vnitie, concord and consent he goeth about to sette at diuision, discord, and variance. He is proud, seditiouse, foolish, vnkind, and to saye all in one woorde, vnreaso­nable.

If no man shal at al haue to doe with another, then is there battell byd to God him selfe, who made man in such sort, that he should be cumpanable and inclined to lyue in societie with other of his owne kind. And seeing so many kindes of byrdes and beastes kepe companie together accordingly as [Page 24] their nature prouoketh them: shal only man, who is made lord ouer them all, be yet behind them all in this condition? To what purpose seemeth the gift of our speache, if we should not lyue with them who may heare and vnderstād vs? But if one man must and shal kepe companie with another, is yt not reason, that such order be taken in common for all, that euerie one may without iniurie to him selfe, or to his neighbour, prouide for him selfe, and followe that voca­tion wherein he is called?

And whereas euerie countrie hath not euerie thinge, but one countrie hath that which another lacketh: nature, reason, experiēce, and cōmon profit hath caused such orders generally to be agreed vpō, that euerie man of what soeuer nation or tong he be, may bar­gaine [Page] or exchange his wares with another in such sort, that althinges shalbe done to eche parties com­moditie, without losse or iniury to either of both. For seeing euerie man for his part is a member of the whole felowship of mankind, he must so keepe his owne place in the bodie where he liueth, that he neither put an other out of his roome, nor fayle to supplie his owne▪ so that al things must be don in such sort to our neighbours, as we would haue them to do tow­ardes our selues.

Which rule of nature is [...] true, so necessarie, and so profitable to al men, that when Christ gaue to his disciples the preceptes not on­ly of this mortal and transitory life, but also of life euerlasting, yet he saied vnto them: Prout vultis vt faciant vobis homines, Luc. 6. & vos facite [Page 25] illis similiter. Euen as you would that men should doe vnto you, do ye also lykewise towardes them. And S. Paule teacheth,1. Thessa. 4 that if any man deceaue his brother in any mat­ter, God will reuenge yt. In so­much that yt were better not on­ly to suffer hurt and wrong then to do yt: but also when he hath suf­fered it, rather to forgeue yt,1. Cor. 6. then to pursue the iniurie in open court and iudgement. How be it this la­ter point in dede is of counsel and perfection: but, not to doe any wrong to an other, yt is a com­maundement, whiche of neces­sitie muste be kepte and obser­ued. Neither is yt harde to knowe, by what meanes we may avoyde to doo wronge, for as­muche as all manner of con­tractes and bargaynes, that can chaunce in mans lyfe, haue bene [Page] so exactly debated, limited and di­stinguished certayne thowsande yeares past according to naturall reason: that whereas there are ma­ny kindes of couenantes and bar­gaynes, no one of them al can be broken by men, but they shal per­ceaue, that they do therein against the iudgement of reason, and so their owne conscience ought to controll their deede. And he is not worthie to be named a man, who hauing the gift of reason, wil behaue him selfe as if he were a beast.Mat. 5. Or why is it accompted of our Sauiour Christ so great a fault, without cause to call our broother foole: but because in deede it is a great fault if any man play the foole, or doth become as though he were not partaker of witte and reason?

For as yt is a great reproch and [Page 26] slander to cal him traytour, who is not knowen so to be: and as the reproche is so great, because the fault of treason is most great: euen so is it a great reproche for a man indued with reason, to be called a foole, because it is a great fault in him to do otherwise then reason would haue him do. For when S. Paule called the Galatians foolish: Gal. 3. did he not then signifie, that they were extremely to be blamed for their grosse vnderstandinge and opinion.

He that cometh to bargayne with another man, either he hath a good intent, or an euil. If it be euil, he is rather malitiouse; then foolishe: if yt be good, seeing the kyndes of bargayning are knowē, let him vse some one of them. He may lawfully bye or sel, lend or borrowe, sette or take to hyer, [Page] trafique in merchandise, or ioyne in felowship, as he thinketh best for him selfe. But if he wil after fiue thowsand yeares wherein the world hath stoode, and hath by cō ­mon consent ordered and dispo­sed al couenants which belong to mans lyfe: If nowe he will vpon his own hed deuise a new kind of bargaine, or els wil change the for­mer nature of the old bargaynes: doubtlesse (whether yt be for lacke of wytte, or of vertue) he is no meete man to lyue in any common weale, or to be admit­ted to the societie of reasonable men.

My talke goeth to this purpose, that the vsurer may vnderstand, the first point of his iniustice to be, in that he vseth a contracte vnknowen to mankind, suche as breaketh many other contractes, [Page 27] and is a monsterouse deuise, more lyke to an Idol, that is, to an idle imagination of his owne coue­touse hart, then to any kind of co­uenāt that men haue hitherto in­uented, as yt shal more playnly ap­peare by that whiche foloweth. And surely when S. Paule doth cal couetousnes the bondage or seruitude of Idols, he there paynteth out no man so much, as he doth the vsu­rer, to whom most properly that name doth belong, for many causes which shal appeare by that tyme this discourse be ended.

In the meane season if I proue the vsurer to breake the contract of geuing to lone, which yet he doth and necessarily must vse: I doubt not but any reasonable man wil confesse, that he doth against the law of nations, which assigned certaine limites and boūdes to that [Page] contract. And consequently that he is a great offender: as who doth iniurie to his neighbour, and doth not kepe the rule of reason which God gaue, as to this ende, that we should lyue togethers, as yt becometh reasonable creatures to lyue. And surely he that brea­keth the sweete and gentill ordi­naunce of God: shall be sure in th'end to be brought vnder the rule of his seuere righteousnes, and iudgementes, for that before he refused to lyue vnder his mer­cyfull order▪ and so he that would not do to another that which he would wishe to be done vnto him selfe: shall suffer in him selfe iust­ly that, which he vniustly layed vpon another.

That the vsurer in setting out his mony for gayne, doth, and can not but geue his monie to lone. The vi. Chapiter.

IT may be, that some man rea­ding this my declaration of the nature of geuing to lone, will graunt in dede, that if the vsurer intēded to geue his monie to lone, he did amysse. But (saith he) per­happes the vsurer is not of the mynde, to geue his money to lone: but to make some other kinde of bargayne. For he is not bound, when he doth geue out his mony, only to intend to geue his monie to lone: seeing there are other kyndes of bargayning made by consent of both parties, some of the which the vsurer may and doth imbrace.

To answer this obiection, it is [Page] nedeful to shew, how the vsurer, (wil he, nil he) only myndeth and doth geue his mony to lone. And yet seeing he breaketh the whole nature ād euery poynt belōging to lone, it wil follow thereof, that he must and doth vse that contract of natiōs, which yet he doth not kepe in any poynt, but vtterly breaketh and abuseth the same. To geue to lone by the law of al people and coūtries is, to delyuer presently to another man such stuffe as is spent with the first natural and proper vse therof, with bond to haue him repay so much and so good againe of the same kind. Thus the Grekes, the Latins, the Iewes, the Philoso­phers, the Lawyers, the Diuines, and generally al the heathens and Christiās take to be the nature and true definition or descriptiō of ge­uing to lone. Now the vsurer deli­uereth [Page 29] his mony or corne present­ly to another man, the proper vse of the which mony, ād the natural vse of the which corne, is, to be spēt and alienated frō the borower when soeuer he vseth them. And the borower is bound to repay the stock againe, to wit, the mony and the corn, as good, ād as much as he receiued. Therfore the vsurer doth and must nedes vse the contract of geuīg to lone. For his very fact and dede necessarily importes somuch. And if we go by name through al the other cōtractes that euer haue ben deuised emong mē: it shal wel appere, that the said fact of the v­surer cā be takē to be no other cō ­tract, but only the cōtract of geuīg to lone. If it were any other con­tract in al the world, it should be the cōtract of putting out to hyer. For it seemeth that the vser would [Page] set out his monie to hyer frō mo­neth to moneth, or yeare to yeare, as some men do their horses from day to day. But the vsurers deede can not be that contract. For in putting out to hyer, the thinge which is set foorth, remaineth his owne, and he onely is lorde and owner thereof who setteth it out: and the selfe same substāce which was deliuered, is restored againe to him without any change: As, he is lord and owner of the horse who setteth out his horse to hyer. For he letteth out only the vse of his horse to another man, reseruing the proprietie and lordship to him selfe, and the very same horse is re­stored to him againe.

But nowe when monie is de­liuered to be vsed of an other man, it is not possible that the de­liuerer should remaine still lorde [Page 30] and owner of the said selfe monie, in such sorte that the borrower should restore those verie peces which he had taken▪ for then he should not vse the monie at all: seing that by vsing yt, he changeth yt, and putteth yt away from him: so that he can not haue the same monie againe to restore yt to the first delyuerer therof. Wherefore when mony is deliuered to be v­sed, yt can not possibly be the cō ­tract of setting to hyer.

Moreouer the vsurer is not of this mynd him selfe, to haue the mony tarrie his owne stil. For then the daunger of leesing yt should be his also. But nowe yt is the grea­test ground of vsurie, in that men wil not hasard at al their principal somme of monie (otherwise per­chaunce they might haue more gaine, and that lawfully to, in the [Page] trade of merchandise, either by them selues alone, or in felow­ship together with others. But whiles they will by all meanes be sure of their principall, and will aduenture nothing: they are dout­lesse of this mynde, not to haue it perish to their losse. If they will not haue it perish from them, they must nedes haue it made his owne monie, who boroweth it, and to haue him dettor, not of the very self same againe, but of so much in quantitie. For whiles the hundred poundes which I lend, is his to whom I lend it, and whiles he oweth me not the selfe same hun­dred poundes, nor any one thing that cā be pointed to, but another hundred in a general somme: ther­by my hundred poūdes are stil safe, and cā neuer perish. For no general quantitie doth euer perish, but on­ly [Page 31] the particular thinges with are within some certaine place or cir­cūstance. If then aboue al other things the lender wilbe sure of his prīcipal: cōsequently his chief wil and intent is necessarily to alienate the principal somme from him self, and to bring it to a general dette of a like somme in what so euer other mony or thing. So that come what chance shall to the borower, the hundred poundes lent, may not perish, because they are limited no where, and thereby they are sub­iect neither to fyre, nor to water, nor to enemies, nor to theues.

If then the lender wil haue his principal safe in al euent, and yet it can not certainly be safe, except it be of a particular thinge made a generall dette: yt muste needes be, that the lender desyreth to haue his monie to be transferred [Page] and alienated from him selfe, and to be made his who boroweth it, to thend al the losse that shal hap­pen, may come to the borower, and not to the lender. Which be­ing so, he that boroweth my mo­ny, doth not vse nowe my monie, but his owne: for the mony which is myne, is a general some of a hun­dred poundes and not that which I deliuered. Otherwise yf it selfe tarie myne: as I may chalenge my owne horse or coate, whersoeuer I find it: so might I chalenge my owne hundered poundes. And then though it had passed thorow a hundered mens handes, I might claime it of him who presently had it in possession, which is ridi­culouse to imagine: not only be­cause I can not knowe my owne mony from other mens, but albeit I had a coine by my selfe (al which [Page 32] had bene only lent by me, and had bene none otherwaies alienated) yet al trafique would be muche hindred, or cleane taken away, if he that selleth his wares with a good conscience for ready mony, should be a feard, least he that lent the mony to the byer, might laye handes on it agayne, whilest it were in the sellers possession.

By all these reasons it plainly appeareth, that both the vsurer would haue his mony to be made his own who boroweth it, and yet if he would wish it otherwise, the verie deede and the nature of the cōtract importeth so much, wher­as in the contract of setting out to hyer he stil remaineth lord of the thing, who doth set it out. There­fore the vsurer doth not, nor can not set out his mony to hyer, but he only doth geue it to lone. [Page] Moreouer that which is set out to hier, is vsed a long time together, as a house for many yeres, a horse for manie dayes. But the vse of mony dureth no longer, then whiles it is a deliuering to another man. That which is set to hyer brīgeth either fruit to the borower, as lands do, or seruice, as houses do: but mony ser­ueth for nothing, but to be spēt, and that seruice it cā do but once. That which is set forth to hyer, cometh home most times the worse for the wering: but mony is not the worse to the geuer out therof, because it hath the same weight and number and valew whē it is repaied, which it had when it was deliuered. For al which causes mony cā not be set out to hier, but only is payd as det, or geuē in almose, or geuē for ex­change, or geuē to lone, and whē ­soeuer it is properly vsed, it is made [Page 33] his, to whome it is deliuered.

Hovv heynouse, and hovv much against the nature of geuing to lone, and against the lavv of al Nations the vice of vsurie is. The vij. Chapiter.

THat the Reader may the bet­ter inform himself cōcerning the whole state of the mat­ter, I wil first set foorth seuerally, what belongeth to the contract of lending, and afterward I wil shew, howe vsury doth breake all those poyntes which were prouided by God, for the cōmodity of mākind.

First of al by an vsurer I meane him, who bargaineth or greedily expecteth for some aduantage to aryse aboue the principall corne, wine, or mony which he did lend. This much presupposed, I say:

1 The first cōdition of geuing to lone is, that it must cōsist in the present deliuery of that which is lent: [Page] otherwise if the thing be not de­lyuered, it may be a promise of lending, but a lending it cā not be.

2 The thing mutuated or geuen to lone must needes be made his owne, who boroweth yt: other­wise yt may wel be accommoda­ted, that is, the vse of it may be only lent, but the thing it selfe is not geuen to lone, except it be made his who boroweth it.

3 The thing geuen to lone must be made his freely who borow­eth it: otherwise it should rather be solde or set to hyer, then geuen to lone, if all that is done should not be done without any respect of lucre.

4 He that boroweth is not bound to restore the verie thing whiche he tooke, but only the value ther­of: and that he is bound to doe in most precise maner, by number, [Page 34] weight, or measure.

5 When monie is geuen to lone, the nature of it muste be kepte, which is only to serue for exchāge or price of all other thinges, and not to make a gaine of the penny yt selfe.

6 Thinges are geuen to lone na­turally for another mans sake who boroweth yt, and not for his who lendeth.

7 Thinges geuen to lone, should rather be geuen to lone to the poorest sorte of men, then to the richest.

8 The contract of geuing to lone was inuented for the benefite of common weales, that whilest he that had the thing, did lend it to an other who had it not, by that mea­nes frindship might be maintained, and the richesse of one might ease the lacke of another.

[Page]Nowe I say: all these former pointes of natural honesty and cō ­moditie are broken, or at the least defaced by the vsurer, be the vsury which he taketh, or which he loo­keth for, neuer so smal.

Concerning the first point of al, it is proued before, that euerie vsu­rer is necessarily a geuer to lone: and therefore he should keepe the nature of geuing to lone: but he hath broken yt diuerse wayes.

It is throughly agreed vppon betwene al men, that he who bo­roweth tenne poundes of me, is bound to repay it againe. Let vs then consider, how and why he is bound thereunto? Surely naturall reason sheweth, that he is bound to repaie the tenne poundes, be­cause he tooke yt of me with this intent and condition of myne, that he should restore as muche in [Page 35] value agayne. But were not this intent of myne ioyned with the deliuerie of the monie it selfe, he were not bounde to repaye yt. For if yt were deliuered with this intent, to geue yt him, or ells that he should onely carrie yt to another man: then he should not be bound to repay it.

Againe, if I deliuered not the tenne poundes, but onely inten­ded to make an other man the dettor thereof, without, deliue­ring it to him at all: lykewise no reason would, that he should be bound vpon my onely intent, to pay that whiche he tooke not. Twoo thinges then must concurre to make the borower owe me tenne poundes: the deliuerie of the monie: and the intent to make him dettor of it. If any one of these two fayle, he is no dettor.

[Page]Howe say we then in vsurie? Admitte that I deliuer ten poun­des vnto my neighbour with this intent, that he shall repaie the value of the same tenne poundes, and also tenne shillinges more by the yeare so long as he keepeth it: I say this intent of myne can not make him owe me the tenne shil­linges by the yeare. For the con­tract of geuing to lone is a reall contract▪ that is to say, the obli­gation thereof dependeth onely vpon the thing which is deliuered in the way of lone. Somuch then and no more is naturally owed, by the way of geuing to lone, as is delyuered from hand to hand. But the tenne shillinges whereof we speake, was not at al deliuered to my neighbour: therefore he can not owe yt at al vpon the ground of taking my tenne poundes to [Page 36] lone. So that if I either take, or in my hart looke for the tenne shil­linges as my dette: I doe iniurie, and doe sinne against the com­maundement of God, who forbid­deth me not only to steale, but al­so to couet an other mans goodes. Exod. 20.

If you say, that the other man cōsenteth to geue me the sayd ten shillinges, and therefore that it is no iniurie to take yt: I answer, that he consenteth not freely vnto yt, but as he doth, who geueth his purse vnto a theefe vpon the high way for feare of a worse turne. For the borower is only therefore content to geue the tenne shil­linges aboue the principall dette, because the naughtie maners of men haue now brought matters to passe in suche sorte, that without payeng the vsurie, he should not haue had the mony. But if euerie [Page] thing were as it ought to be: that is, if geuing to lone were alwaies free as it should be, then should no vsurer require, neither any mer­chant customably offer, a yearely rent for the lone of monie. But now although the borower seeme willing to pay it, and therefore is thought to haue no iniurie: yet in deede he payeth it no more wil­lingly, then he that is in a tempest, doth willingly cast out his goodes into the sea: that is to say, he choo­seth to pay it, because it would be worse with him, if he payd it not. For he feareth, that otherwise the monie should be taken out of his handes. And as the these, to whom for safegard of my life, I delyuer my purse, hath yet no right vnto my monie, but wrongfully with­holdeth that which is not his: e­uen so the vsurer that extorteth a [Page 37] yearely rent of the monie, doth therein vniustly, and is bound in conscience to restore it againe: except the borower without all colour or cloaking doo franckely and freely geue it him, whiche surely in this respect is seldome to be seene.

But Christ came into the world to vndoe the workes of the deuill, 1. Ioan. 3. and to sette men againe at liber­tie, that al false pretenses (of ge­uing rewardes for monie borow­ed) being taken away: he that bo­roweth may in dede haue the vse of the mony so freely, as God and natural reason hath ordained yt should be. Whervpon Christ sayd Date mutuum nihil inde sperantes. Luc. 6. Geue ye to lone, hoapīg for nothīg thereof: that is to say, of,In Psalm. 36. Concio. 3. or aboue the lone. And in that meanīg S. Au­gustin saith: Si foener aueris hoī, id est, [Page] mutuam pecuniam tuam dederis, à quo aliquid plus quàm dedisti expe­ctes accipere: nō pecuniam solam, sed aliquid plus quàm dedisti, siue illud triticum sit, siue vinum, siue oleum, siue quodlibet aliud, si plus quàm de­disti expectas accipere: foenerator es, & in hoc improbandus, non lau­dandus. If thou sette foorth thy goodes for vsurie, that is to saie, if thou geue him thy monie to lone, of whome thou lookest to receaue anie thinge more then thow gauest, I saie not onelie mony, but any thinge more then thow gauest, whether that be wheat, or wine, or oyle, or what soeuer thing els: if thow lookest to receaue more then thow ga­uest, thow art an vsurer, and in that behalfe thow art to be repro­ued, and not to be praised. This much concerning the first point [Page 38] of geuing to lone, which was, that by the nature of that contract no more could be owghed, then was geuen and deliuered by him that did geue to lone.

2 Now cōcerning the secōd point of geuing to lone, it hath bene suf­ficiently proued, that the thing ge­uen to lone, though it be monie, must be made his owne goodes, who boroweth it▪ so that the bo­rower is lorde of the monie the selfe same hower wherein it is de­liuered vnto him by the way of lone. And how I pray you then can vsurie possibly stand with this point? Is it reason that a mā should pay for the vse of that whiche is throughly his owne. They are deceaued who thinke, that the borower doth vse their monie. He doth not so. For the mony is made his owne by the very acte of re­ceauing [Page] it: and he paieth right wel for it, in as muche as he taketh it vpon his own aduenture, and bin­deth him selfe generally to repay so much, whatsoeuer becometh of the particular monie which he ta­keth.

If then the monie which is vsed be not mine, but only a lyke gene­ral summe is owing to me in the stead thereof (as it was shewed be­fore) why shuld the borower pay me for the vse of that, which now belōgeth not vnto me? The summe which he oweth vnto me, is gene­ral: the summ which he occupieth is particular. If he pay vsurie for the general summe which is mine: it is iniurie, because he doth not occupie it. If he pay vsurie for the particular summe which he occu­pieth: it is also iniurie, for that summe he oweth not.

[Page 39]Therefore if in right and truth we wil make any man dettor vnto vs for the vse of our mony, we must prouide, that the mony doo tarrie stil ours▪ that is to say, we must let the merchant occupie yt as our baylie or factor: and so if it be lost, to beare the losse: and if yt be saued, to partake of the gayne. But as that is farre from the vsu­rers purpose: so is it farre out of the way, that the merchant who occupieth not the vsurers monie, but his owne, should yet reward the vsurer for that which is nowe no more his. Againe, admitte the merchāt did vse the vsurers mony: yet no reason would beare, that he should paie a yerely rent for that, which being once vsed, is for euer alienated frō him. If the borower alienate but a peece of the monie which he toke, he vseth but a pece. [Page] If he vse it all, he doth alienate all. If then he pay rent for the monie before the alienation thereof, he paieth rent for it, before he doth vse it. If he pay rent after the alie­nation, he paieth rent for it after that it is out of his vse. If he pay rent for the tyme whiles he is a vsing of it, seeing that is no longer then whiles he is a deliuering of it: by what iustice cā a yerely rent be due for a fact which dureth but a smal moment? Thus in al cases it is vtterly vniust, to pay any rent or pension for mony, or any other like thinge whiche was taken to lone.

3 Thirdly, whereas al geuing to lone ought to be free, seeing the vsurer is necessarily prooued to geue his mony to lone, and yet his geuing is not free: no excuse can be brought, but that the vsurer [Page 40] breaketh this point also. And yet this point of al other pleaseth God most, in so much that Christ ex­horted men to this contract, bid­ding them geue to lone, Luc. 6. without ho­ping for any thing thereof.

We reade not surely, that Christ exhorted men to by and to sell, or to follow the trade of merchan­dise. For he knew right wel, that al men are readie inough to make such exchanges as seeme to be for their commoditie. But because ge­uing to lone is a free and liberal cō ­tract, wherevnto fewe men are prone: therefore as he exhorted vs to geue almose, euen so did he exhort vs to geue to lone.

And the vaine glorious man of­fendeth God most greuously, who pretending to geue almose, doth in deede rather bye vaine glorie with his pennie dole, then exer­cise [Page] anie charitable act: euē so doth he much more greuously offend God, who pretending to geue to lone, doth rather sel then geue his mony, there seeking for most filthy lucre, where euen the heathens confessed no lucre could haue place, as I shewed before out of the ciuil lawe.

4 The fourth point of geuing to lone, is, that the borower is bound to restore that which he tooke, in most precise maner, to wit, by nū ­ber, weight, or measure. Howe doth the vsurer obserue this point, when he taketh twelue for ten, three poūdes for two, and fiue bus­shels of corne for so wer?

It is notable to see, howe the goodnes of God hath defenced and warded the contracte of ge­uing to lone, as who foresaw, that it being the best and highest con­tract [Page 41] of al next vnto almosededes, yet shalbe of all other most hor­ribly abused.

Al equality of exchāges and the valew of al thinges is most exactly knowen by number, weight, and measure. And geuing to lone con­sisteth only of such thinges as are numbered, weighed, and measu­red. So that no other contract is so certaine, and so precisely boun­ded, or limited, as this of geuing to lone.

Therefore the more strong de­fence and garde God hath pro­uided to keepe aequalitie and iu­stice in this contracte, the more vniuste and the greater breakers of Gods ordinaunces they are, who notwithstanding require or hope for more in number, weight, or measure, then they did de­lyuer.

[Page] 5 Let vs nowe come to the fifth point, which belongeth peculiar­ly to monie alone. Many other thinges may be geuen to lone be­sides monie, as wine, corne, oyle, with such like▪ and vsurie may be committed, if more then was geuē, be receaued in any of them. But when monie is geuen to lone (as in vsurie it cometh most tymes to passe) then is there a special de­formitie also in that behalfe.

Is to be knowen, that monie was inuented by the common cō ­sent of men, specially to serue mās necessitie and commoditie, in chopping and changing thinges to and fro.Aristoteles in Politi­cis. For in the beginning he that lacked any thinge, as for en­sample, a payer of shooes, he went to an other man that had shooes enough, and brought him suche stuffe wherof him selfe had store, [Page 42] as cloth perhaps, or skinnes, or some like matter to make an equal exchange betwene them both. So that thing for thing was exchan­ged: and that was the most simple and natural kinde of trafique be­twene men. But experience decla­red, that this way at length was incommodiouse, and would not serue euerie mans turne. For some tymes he that had shooes which I lacked, had also cloth and skinnes aswel as I, and then he was loth to take my cloth for his shooes, seeing that he had cloth enough of his owne. For which cause wise men deuised, that some certaine mettal should serue the turne of al men▪ so that who so needed any stuffe, he should take such a kind of metall or coyne (to witte, lead, or lether, and at the length brasse) and for that he should receaue of another [Page] man whatsoeuer he neaded.

Thus mettal was at the first este­med by consent, and deliuered by weight: so that a pound of brasse should be (for example) the price of a payer of shooes. And when it was found troublesome also, spe­cially for them that went abrode, to carrie such weight of mettal a­bout them, and to stand long in weighing it: in stead of a greate deale of brasse, a litle syluer, and lesse golde was at the length inuē ­ted. Yea then also it was farther deuised, that a certaine coyne or print should be set vpon the syluer or golde: so that we should not neede alwaies to weigh yt, but that the verie form should straight shew the value thereof.

Monie then was made to serue all exchanges, and to be alone the price of al other thinges▪ and ther­fore [Page 43] it ought to be vsed none o­therwise, then that thing was v­sed, in whose place yt came. But neuer was any couenant or ex­chaunge made for this ende, that the thing whiche was throughly alienated, should be increased to his aduantage, who did alienate the same. For either a man ge­ueth away some of his goodes freely, and then nothing at all therof is due to him againe in this worlde: or els he chaungeth some of his goods for other thinges, and then the thing that he deliuereth what so euer cometh of it, is on­ly fruitful to him that receaueth it. But neuer was there yet such a gift or such an exchange heard of, wherein the thing which I deliue­red out of my lordship and propri­etie, should thereby render the more fruit or profit to me againe. [Page] For that whereof men will take profitte, they vse to keepe in their owne proprietie, and so either to vse it them selues, or to sette it out to be vsed for a pension, and not to geue it or exchange it vtterly away from them.

But the vsurer geueth away his monie to an other man, as it was proued before: and so doth it for this end, that his monie may there­by bring him the more fruite and gaine. Whiche is vtterly against the end, for whiche either any o­ther exchange, or mony it self was made. For it was made to bring all thinges to an equallitie, and to be as it were a rule and measure, whereby the value of all other thinges might quickly be knowen and easely counterpeised. But now the vsurer maketh monie to serue for the greatest inequalitie that cā [Page 44] be deuised of man. For where the borower did receaue but tenne, or some suche certaine number of crownes, he maketh him a dettor not onely of so many, but no man is able to tel of how many: sithens if the borower pay but twoo crownes ouer by the yeare, in one hundered yeares he shall paie for tenne crownes twoo hundered crownes: and yet shall he stil re­maine dettor of the ten crownes, also. And al this is done of the v­surer by those tenne crownes which he did put away from him self, and made them another mans. Was euer any suche thing heard of? that by making my goodes to be another mans, I should thereby be the greater gayner: yea so farre greater, that the gaine should be without al measure or ende? For those tenne crownes may from [Page] age to age be onely sayd to con­tinue in the bancke (as in some places it chanceth) and so within a thowsand yeares they make in­crease of two thousand crownes.

Adde herevnto, that in case the poore man, who borowed the ten crownes, do not pay his vsurie in ten yeres, he is then dettor of twē ­ty crownes: of ten for the principal ād of other ten for the vsury, which the vsurer begetteth and engen­dreth (as it were) to the intolerable losse of the borower, and the ex­cessiue gayne of him selfe: and yet these ten crownes be not his own al this while, although he picke out so great aduantage of them. Yea al this while thei be no where at al. For in one moment they were consumed and spent by him that borowed them, and in place of them an Idoll is conceaued, [Page 45] whiche Idoll doth remaine con­fusely, not any where in nature and truth, but in name and imagi­nation. For it is feyned, that the tenne crownes lye still in a cer­taine bancke, and there do begette litle ones, whiche agayne haue o­ther litle ones. And whereas all other thinges die and perishe, and many beastes whiche nature made apte to increase, by casualties prooue barren: yet these tenne crownes, whiche by nature were barren, and in truth are spent: re­maine still so fruitefull in the vsu­rers vaine imagination, and in the borowers most greuouse pension, that if the world should stand for euer, they also should be immor­tal, and should neither die, nor euer become barren.

See ye not this Idol, which the Deuill hath consecrated in the [Page] world? And he hath consecrated yt against the nature of monie, which was inuēted for other vses, and not at al for this.

6 Now foloweth the sixt point. For whereas the contract of ge­uing to lone was altogether insti­tuted for his commoditie who bo­roweth the thing (as being a kynd of gyfte for the tyme, and al giftes are instituted for the receauers tē ­poral cōmoditie) yet the vsurer in­tendeth to directe his geuing to lone wholie for his owne commo­ditie, and therefore he tarrieth not vntil the merchant come to bor­rowe his mony of him: but he ra­ther seeketh out a merchant who may take his mony to vsury▪ which is an euident peruerting of Gods ordinance, not only cōcerning the act of lending, but also concerning the end of the act.

[Page 46] 7 Seuenthly, whereas geuing to lone was instituted for the reliefe of the poore, that he to whome I would not, nor was not able free­ly to geue my mony: yet that he might at the least take commodi­tie by borowing the same: nowe the vsurer doth ouerthrowe this point also and seketh for the most substanciall merchant that he can heare of, as though it were an al­mose to cast water into the sea, or to helpe forward the richest mer­chant of all. And thus he abuseth the persons also, for whose sake the contracte of geuing to lone was instituted of God.

But you will say, shall no man then lend any thing to him that is riche? I say not so▪ But a man may be rich in [...]thing, and poore in another. A man may be riche in gold and sylu [...] [...] he may aboūd [Page] in victuals, in wine, and beere: yet perhaps he is without a cup of smal ale, which the Physiciā saith to be better for hym, then any other kind of drinke. If then I lend this riche man a quart of my ale, I lend it to him as needing it, and as being poore in that behalfe. But it were farre otherwise, if whereas he oc­cupieth certain thowsand poūdes by the yeare, I would offer him my forty or fifty poundes in the way of lone. For here, seing I offer that vnto him, which would serue to set vp another poore man, and se­ing I doo it not for his sake, but for hoape of gaynes to my self, as tru­sting my stocke to be sure in his hands, and looking for yerely rent thereof: in this case (which is the case of vsurers) it may wel appere, that my intention is only to reise gaines of that contract: and by such [Page 47] a one, to whom of al other I should least haue lent my monie.

8 For the last point of al, it is to be noted, that not only he is naturally iniured, who for mony, wine, corn oyle, or any like thing, payeth the ouerplus: but also the cōmō weale is extremely dāmaged therby. For the merchant, who taketh a hun­dred poundes of me, payeng me by the yere, ten, or six poundes ouer the principal summe: is constray­ned so to sel his wares, that he may reise those tenne or six poundes aboue his ordinarie gayne. So that in the length the poore man, who cometh to bye the sayd wares by peecemeale, is burthened with his vsury, who had somuch idle mony, that he was able to set it out to hier to an other man. Now in case the merchant, who taketh the monie to lone, be not hable to reyse that [Page] gayne him selfe, which he geueth yerely to the vsurer for his monie: then by litle and litle he leeseth his creditte, vntill at the last he be­come playne Banckrupt, and so he not only leeseth his principal who looketh for gayne: but also manie other men, who made lawful bar­gaines with the sayd merchant, are defrauded of their right and there­by made vnable to keepe towche with others, wherevpon ariseth from man to man, an infinite con­fusion and losse both of credit and of goodes.

Farthermore, how manie idle men doth vsurie cause to be in a realme? For whereas no gaines is either more easie then that which is gotten with another mans tra­uayle, or els more certaine then that which is without hazard of the principall (as at the least men [Page 48] thinke) he that can gette once ne­uer so meane a stocke of monie, maketh accompte to lyue vppon the fruites thereof, and so spen­deth his tyme in sportinge and playenge: whereas if the saied hoape of vsurie were taken from him, he should be constrained to take some other trade of life, which might be more to his owne honestie, and to the profitte of the common weale.

To be short, where vsurie is li­censed openly, there God muste needes be offended, because an vniust law contrarie to his worde and will, is suffered to preuayle. And consequently as no priuate mans offence is leaft vnpunished at Gods hande, so muste the com­mon weale, whiche permitteth so great an offence, looke also for a common punishment to fall vpon [Page] yt, sithens God is infinitely iust, and letteth nothing growe so farre out of order, but that if it wil not abide vnder the order of his mer­cifull gouernement, it shall fall in­to the order of his seuere punish­ment: least any thing that reaso­nably ought to be done, might be left vndone by his infinite wise­dome and power.

Thus haue wee seene ma­nie causes, whye vsurie is vniuste: but none at all, why the lender may take any pension for his lone. If you saye you lacked your monie a longe tyme: I aun­swere, that in case you had any knowen and certayne losse there­by, which was not foreseene of you when you lent yt, you may aske the sauinge of your selfe harmelesse: because that was pre­supposed from the beginninge, [Page 49] that you woulde not geue out your mony to lone, to your owne hindrance. For as this contract of geuing to lone can abyde no gayne: so needeth it not to sustaine any losse.

But yf the monie would haue lyen idely by you al that tyme (as commonly it should haue done, because they are either riche, or sl [...]wthfull, who geue to lone) then you do an iniurie vnto God, in selling the time whiche is none of yours. For if you wil haue wa­ges only because your monie hath ben a yeare in another mans hand, wheras if it had bene in your own handes, it had bene eyther loc­ked vp in a chest, or ells commit­ted to some hasard or peril: there is no cause why you should aske the sayd wages or pensiō, but because so much tyme hath passed ouer, [Page] wherein he was your dettor, and the measure of the sayd tyme was not of your gift vnto your neigh­bour, but of Gods gift vnto you both. For selling of the which, you are lyke to geue an accompt vnto God.

Yea (but saye you) my mo­nie had bene safer in myne owne coffer. I can not tell you that. For then a theefe might haue sto­len yt, or fyer might haue consu­med it. But nowe it is put out of all perill in his handes, who ow­eth a generall summe of so much in quantitie. Yea but perhappes he will not be able to repaye yt. If you thought so, you woulde not lend yt. For he that geueth his monie to vsurie, seeketh not the commoditie of the borow­er, but onely, or principally, his owne.

[Page 50]Nowe yf in the end it chance, that the borower is not able to repay yt: that is not any excuse to the vsurer, who can not aske mo­nie for that casualtie, whiche he might vtterly auoyde by not len­ding his monie at all▪ or yf he wil needes lend his monie, he may either take suerties or pledges for the principall, without requie­ring any vsurie of the borower: for the more vsurie the borower payeth, the lesse he is able to re­pay the principall, in so muche as he is made the poorer by pay­eng the vsurie. But yf he payed no vsurie at all, he should be better able to re­pay that whiche he first bo­rowed.

That the Heathens condemned vsurie, The viij. Chapiter.

BY the reasons before named the verie Heathens were in­duced and perswaded, that vsurie was agaynst nature, and consequently that it was a fowle crime, and a great sinne. In so much that the great Philosopher Aristotel speaketh thereof in this wise:Lib. 1. Po­liticorum. Optimo iure laborat odio ne­gotiatio foeneratorum, quia ab ipso numo quaestum petit, non id pro­pter quod inuentus est, quippe qui gratia mutandi fuerat inductus. Etenim foenus auget numum, vnde etiam coepit hoc nomen. Similia por­rò sunt ea quae pariuntur gignētibus: in foenore numus paritur a numo. Quamobrem vel maximè praeter na­turam est illa quaestus faciendi ra­tio. The trafique of vsurers is [Page 51] worthely hated, because it seketh gaynes vppon the pennie: and it seeketh not that for the which mo­nie was inuented. For mony was inuented to make exchange with­all: but vsurie (exchangeth not, but) increaseth the pennie, wher­of also it toke his name (in Greke) Now those thinges which are be­gotten, are lyke to them by which they are begotten. In vsurie mony bringeth foorth mony: wherefore that kind of gayning is specially against nature.

The verie same thing saith Plu­tarch in a Treatise whiche he wrote, exhorting men not to haue to do with vsurers: Quid, Plutarch. quod non oporteat foenerari. quod foe­neratores naturalia quoque deri­dent, quae asserunt, ex nihilo nil gigni posse: quandoquidem apud illos ex eo quod non est, neque vn­quam fuit, vsura generatur. (Et [Page] pòst:) Longè plus foeneratores in suis ephemeridibus imponunt, scribentes misero illi tantum mutuasse, cum ta­men multò minus acceperit. Siqui­dem mendacium causa lucri, non ne­cessitate, neque ob indigentiam, ab il­lis fieri solet, sed propter insatiabili­tatem. The vsurers do also mocke at those rules of nature, whiche affirme, that of nothing, nothing can be begotten. But yet emong them, vsurie is begotten of that, whiche is not, nor neuer was. The vsurers put in much more in their counte bookes, writing that they haue lent suche a poore man this muche, whereas he yet hath taken much lesse. For they vse to lye for gaines sake, not for neces­sitie, or poouertie (whiche were the lesse euill) but for insatiable greedinesse.

Thus are three great abuses by [Page 52] the wisemen of the verie heathens reproued in vsurers. The first is, in that they against nature will make a barrē thing (as monie is) to bring foorth as it were children, that is to say, pence and shillinges: and this fault is common to all v­surers. But the other two are on­ly committed by extreme practises of vsurie. The formost is, in that they exacte vsury so long, that at the last the dettor payeth vsurie, not only for the principal summe, but also for the verie vsurie it self. As thus: Lette him borowe one hundred poūdes, payeng after the rate of fower poundes in twen­tie poundes euerie yeare for the vsurie. If the first yeare he mysse to repay his twentie poundes for the hundred, the second yeare he is dettor of six score poundes▪ and that yeare his vsurie is twentie [Page] fower poundes: wherin he payeth fower poundes for the twentie which he neuer receaued, but on­ly became dettor thereof by vsu­rie▪ and so euerie yeare after, if he omitte to paye the vsurie, he shall paye not only for the rate of the hundred poundes: but also as yf he had receaued al that, which he ceaseth to pay. So that whereas in all vsurie a barren thing doth bring foorth: in this later kynde, that also doth bring foorth, which is not onely barren, but is nothing at al, nor neuer was in the natural truth of thinges.

The thirde fault in great vsu­rers is, when to avoyde the payne of the lawe, they colour the mat­ter so, that they write in the bil­les of debte, hym to haue bor­rowed of them a hundred poun­des, who had but fower score. [Page 53] When Cato the graue Senator of Roome considered these greate vices: he being asked,Cicero. 2▪ Offic. what yt was, to lende out monie vppon v­surie: aunswered, it is no better then to kill a man. The which say­ing of his Tullie rehearseth both for Catos prayse, and in the dis­praise of vsurie.

That the Ciuil lavve doth not acknovv­ledge vsurie to spring or arise of the nature of suche thinges as are geuen to lone, but rather to be contrarie there­vnto. The ix. Chapiter.

FOrasmuche as some men pre­tend the defense of their vsu­ry by the Ciuil law, which thei say to be a sure defender of the law of nature: yt is also requisite, [Page] that we declare, what the Ciuill law thinketh in this behalfe.

Vsurie hath his name of vsing, and thereby is meant the price or estimation of the vse of a thing. And because we may vse certaine thinges, the substance of them re­mayning safe, as when we hyer another mans ground, or dwell in an other mans house: in that case yt is lawefull to pay vsurie for the vse of the sayd house or landes. But when there is no vse of a thing without the losse and put­ting away thereof, or when the thing is diminished in substance by the dayly vsing of yt: that is not properly Vsus, the vse, but ra­ther, as Cicero and Vlpian cal yt, Abusus, Cicero in Topicis. the abuse▪ as yf we should saye in english, it is rather a wa­sting, then an vsing.

Those thinges that may be vsed [Page 54] and yet remaine safe, may also ren­der yearely rentes or fruites▪ and the lord of them may geue or be­queath the proprietie and ownor­ship of them to one, and the vse and fruite or profite to an other. Which thing can not be done in those goodes, whiche are wa­sted and spent by the vse of them, because the vse doth diminish the substance yt selfe. Wherevpon Iustinian saith:Institut. de vsufruct. § Con­stituit. Constituitur vsus­fructus in fundo, & aedibus, & caete­ris rebus, exceptis his quae ipso vsu consumuntur. Nam hae res neque na­turali ratione, neque ciuili recipiunt vsumfructum, quo in numero sunt vinum, oleum, frumentum, vesti­menta, quibus proxima est pecunia numerata▪ namque ipso vsu assidua permutatione quodammodo extin­guitur. Ergo Senatus non fecit qui­dem earum rerum vsumfructum (nec [Page] enim poterat) sed per cautionē quasi vsumfructū cōstituit. Vse and fruite is assigned in landes, howses, and other thinges, sauing those which are wasted with the verie vse. For those thinges receaue no vse and fruite neither by naturall, nor by ciuil meanes: of the whiche sorte wine, oyle, corne, and garmentes are, to whose nature nūbered (or, redie) monie approcheth next, be­cause yt is in maner worne in the verie vsing of yt by continual ex­chaunge. Therefore the Senate (of Rome which decreed concer­ning these matters) made not vse and fruite of these thinges (for yt was not able so to do) but it assigned as it were after a sort, how to vse and to take profite of them with a prouiso, that who had the vse and fruite of any such thinges left or geuen him, should receaue the [Page 55] thinges, and should bynd him selfe to restore so much monie agayne at his death (if it were monie) or els the value of them, if they were wine, oyle, or corne.

To our purpose it is to be no­ted, that the lawyers confessed these thinges not to haue proper­ly any vse and fruite, which might be separated from their proprie­tie. In so much that it was not possible to assigne vse and fruite vpon them: verely because it was against nature so to do. And Caius saieth in this very case whereof we speake:In Pande­ctis de vsu­fruct earū rerum quae vsu consu. lib. 2. Senatusconsulto non id effectum est, vt pecuniae vsusfructus proprius esset. Nec enim naturalis ratio authoritate Senatus commuta­ri potuit▪ sed remedio introducto coepit quasi vsusfructus haberi. It is not brought to passe by the de­cree of the Senate, that there be [Page] a proper vse and fruit of monie. For natural reason could not be chā ­ged by the authoritie of the Senate. But a shift being found, there be­ganne as it were a certaine vse and fruite of mony to be taken and ac­compted.

Thus, that which by witte of man might be deuised in a world­ly common weale, was done for profitte and commodities sake a­gainst nature it selfe. But that de­uise which th'Emperour speaketh of, doth not properly apperteine to vsurie: for there the questiō was only, whether it might be brought to passe, that a man not being lord and owner of them, might yet take fruite and profitte of those thinges whiche are wasted with the vsing. And when the lawyers had deuised, that it should be done, as it might be done: that is, with [Page 56] a prouiso, to restore agayne the value of the thing after a certayne time: they dyd then deuise no more, but howe he that had the vse of the thinge, might in the meane tyme be dettor of yt for the lordes safegard, to whom the proprietie belonged: not adding, that he should pay any thinge for the vse of that whereof he was dettor: for that is an other questiō, and we shal see hereafter howe yt may be determined.

First lette vs agree herevpon, that it is in truth and in nature im­possible, to diuide the vse of those thinges which are geuen to lone from the proprietie and ownor­ship of them. But the ciuil lawe deuised a shift, that the lord and ownor receauing a caution for the valew, should suffer him to whom the profit was assigned, to enioy [Page] the thing frāckly and freely in the meane season. Now this Caution which was geuen to the lord and ownor of those thinges, did stand to him in stead of his propriety. But if we looke to the truth it self, the lorde hath for the tyme lost the propriety of the oyle, corne, wine, or monie, whiche he delyuered to the vsufructuarie: for the vse and proprietie of them can not be se­parated.

If the Ciuill lawe sawe and confessed this muche, what so e­uer shifte or prouiso yt made to frame the matter otherwyse: once yt was not done accordinge to truthe, but by wittie meanes and counterpeyses, whiche were not vnlawful, so long as no man had iniurie by them. For the name on­ly being changed, yt might haue bene sayed thus: If any man will [Page 57] bequeath the vse and fruite of wyne, oyle, or monie: the heyer or executour shalbe bounde, to lende the legatarie so muche vp­pon an obligation, to haue the same quantitie restored at hys death or otherwise as the thing re­quireth. And seeing this were an honest legacie, the other also may haue an honest meaning, if yt be sayed: I bequeathe the vse and fruite of twentie poundes to such a man during his life. Neither doth this proue any whit, that vsu­rie was allowed by the ciuil lawe, but rather that yt was iudged for an impossible thing, if none other thing be done besydes that, which the lawe of nature and of nations hath determined.

What say we then? Doth not the Ciuill lawe permitte vsurie? I aunswer, that yt permitteth [Page] yt not as a thing that can aryse of the contract of geuing to lone: but expressely teacheth, that vsurie must be sette about by an other way, or ells yt can not be brought to passe at al▪ and that other way whereof the ciuil lawe speaketh, is not able to discharge any mans conscience who shal take vppon him to follow yt.

In Pande­ctis de pa­ctis lib. 5. Si ti decē. Proculus the lawyer writeth thus: If I geue or delyuer thee tenne thowsand, and bargaine that thou shalt owe me twenty thowsand: there ariseth no obligatiō in any more then in tenne thowsand. Re enim non po­test obligatio contrahi, nisi quatenus datū sit. For an obligation can not be made, touching a thing, but so far foorth as it is delyuered. For when a man is bound by the dely­uerie of the thinge yt selfe (as yt cometh to passe in geuing to lone) [Page 58] the obligation can be none other, then as farre as the thing was ge­uen or delyuered.

Lykewise Vlpian writeth:Lib. 11. in Pandectis de rebus creditis. Si de­cem dedero, vt vndecim debeas, Pro­culus putat, amplius quàm decem cō dici non posse. If I geue or delyuer tenne, for this end, to make thee dettor of eleuē: Proculus thinketh, that no more can be certainly de­maunded but tenne.

Marke, in what sort these men speake. There can be no obligation of dette aboue the summe that is de­lyuered. Which thing sith yt is so, doubtlesse there cā be no obligatiō of vsury, no, not so much as by the ciuil lawe in the contract of ge [...] to lone. For in vsurie the dettor is bound (at the least in the expecta­tion of the vsurer) to restore more then he tooke Yea farther I saye, that any such obligation, whereby [Page] more then was delyuered should be looked for, is not only not con­teyned in the contract of geuing to lone: but it is also against the na­ture of that contract.

For if it were not against the nature thereof by a bargaine made at the tyme of the contracte, it would be so annexed and incor­porated to the contracte, that yt should be accompted a part there­of. For the lawyers confesse, that what soeuer bargaines (not con­trarie to that which is in hand) are made at the tyme of couenanting or of deliuerie, shal stand for good, and the performance of them may be required by the proper action of the same contract. But seeing when I delyuer tenne to lone, and bargayne for twenty, I can not demaunde twentie by the same action, whereby I demaund the [Page 59] tenne whiche I delyuered: yt is cleere, that the bargaine for twen­ty was suche, as could neuer be graffed in the former contracte of geuing to lone. What then? shall not vsurie be couenaunted for, and also be demaunded in iudgement by the Ciuill lawe? Yeas. But that must not be done by the force of geuing to lone, nor by any bar­gayne depending therevpon, or adioyned vnto yt. How then? for­sooth ther must be a forme of wor­des conceaued besides the cōtract of geuing to lone, in the whiche forme of wordes the borower shal answer and by promisse bind him selfe, to geue for such a summe thus much by the moneth, or by the yeare. [...]ecta, in Pandectis si certum petatur. And then by the ciuil lawe an action shalbe geuen against hym that promised suche vsu­rie: An action, I say, not of lone, [Page] but of the solemne obligation or bond of wordes.

Thus the matter was patched vp betwene the infidels in the old tyme. But if we shalbe as men ru­led by reason, what other thing in natural truth was that solēne form of wordes, then a mere bargaine? What skilleth it, whether at the delyuerie of the tenne poundes, I say, (wel sir, here are tenne, but if you keepe them this whole yeare, you shal render me twelue poun­des for them: and so euerie yeare, after the rate, fortie shillinges for them, and he sayth, he is content) Or ells, how say you sir, wil you geue me fortie shillinges for eue­rie yeare, wherein this ten poūdes is not restored? He answereth yea. In truth and natural honestie the former bargaine differeth not frō the later▪ and yet by the former I [Page 60] had not bene bound, and by the la­ter I am. Why so? Because yt so pleased the Citizens of Rome: who would no man to be bound by his bare wordes, excepte they were conceaued in a solemne forme of asking and answeringe. And by that forme vsurie might be couenanted for, and was made due. Wherby we gaine no farther, but that the wisemen and lawiers cenfessing vsurie to be against na­ture, yet would haue yt to be law­full, not by the lawe of nature, whence al good and right lawe is deriued, but only by the lawe of Rome, which when yt is not de­duced from the lawe of nature, is no lawe, but only an Idol or false pretence of lawe.

And yet those Infidel Romans were so wise, and so naturally ho­nest, as to confesse that vsurie [Page] could not stād by nature, although being otherwise ouercomed by couetousnes, they sought how to make yt lawefull emong them. And so is yt fulfilled whiche S. Paule sayed of them:Rom. 1. Whereas they had knowen God by his creatures, they did not glorifie him as God: but vanished away in their owne foolish deuises, Rom. 2. doing those thinges which them selues condemned as vnlawful.

But touching that which we had principally to proue, the ciuil wisemen of Rome did not allowe vsurie, as a thing that either did na­turally belong to the contracte of geuing to lone, or els that might be annexed thereunto: but they permitted it otherwise, as also thei did permitte fornication and di­uorses. And yet the state of an vsurer is so muche worse then the state of a fornicator or of a harlot, [Page 61] because although the fornicatour or harlot happen to make any filthie gayne by setting their bo­dies out to hyer: yet they are bounde to penaunce onely, and to the recompense of suche slaun­der as they haue fallen into. But they are not bound to restore that monie which they tooke for their vile seruice. For as the lawyer saieth: Turpiter fecit ꝙ sit meretrix, De cōdict. ob turpem causam lib. 4. sed non turpiter accipit cùm sit me­retrix. The harlot doth filthyly in being an harlot: but seing she is an harlot, she taketh not her wagies filthiely▪ that is to say, by a filthy trade she yet maketh the monie her owne, as the which is due to her, when once she hath played the harlot.

But the vsurer doth not make the vsury his own at al, but he is boūd to restore yt to him, of whome [Page] he tooke yt, as if he had stolen so much from him.

But now the men with whom we dispute, wil needes haue vsu­rie to be a reasonable contract by the lawe of nature, because they thinke that their owne monie is vsed, and therefore that rent is due to them for yt. Wherein they be­ing Christians are more grossely deceaued, then euer the philoso­phers or ciuil lawyers were, both which wel sawe, that no such con­tract could stand in nature.

Exod. 13.But as God geuing the two ta­bles vnto Moyses vpon the mount Sinay, did in maner nothing elles, but renew agayne the lawe of na­ture, which was in maner worne out of the Isralites hartes thorow euil education and custome: euen so Christ came into the world, to geue vs grace, whereby the sayd [Page 62] lawe of nature might be both ex­actly knowen, and sufficiently ob­serued of his members and ser­uantes: That lawe of nature, I say, which was at the beginning, and which was not corrupted by par­ticular customes or lawes of euil men: that lawe which forbiddeth fornication, manie wiues, diuorses, vsurie, Simonie, and such like a­buses, as are nowe growen in vse emong corrupted men.

He therefore, that either ta­keth or hoapeth for vsurie vppon that which is geuen to lone, is not of Abels common weale, or a member of Christe (except he reconcile him selfe by dooing due pennaunce) but he is a mem­ber of the cōmon weale of Caine, whence the inuention of all per­uerse lawes and earthly customes came.

[Page]If thou wilt be wise in God, make him thy dettor: putte thy monie into his handes, who will laye it vp in heauen for thee, and wil geue thee vsury and ouerplus for it.Prou. c. 19 Foeneratur Domino, qui mise­retur pauperis, & vicissitudinem suā reddet ei. He that taketh pitie of the poore, geueth his mony to God vppon vsurie, and God will geue him his recompence.

Certaine examples of vsurie, vvhereby yt may the better be knovven, vvhat is vsu­rie, and vvhat is not and of the restitu­tion vvhich the vsurer is bound to make. The x. Chapiter.

IF vsurie be so contrarie (as yt hath bene shewed) to the most excellent vertue of almosdedes, and to the most charitable contract of geuing to lone: what remaineth but that those who are hitherto [Page 63] free from that vice, should nowe the more detest it: and those who by ignorance or frailtie are fallen into yt, should repent and make restitution of that which was vn­lawfully gotten.

But for so much as euerie man is not able to vnderstand the general doctrine of vsury, vnlesse it be most euidently opened vnto him: I thought good, to make the matter yet more playne by certaine ex­amples and cases as foloweth.

1 First (as I haue shewed before) al that is vsurie, which is bargai­ned for, or taken▪ aboue the princi­pal which was geuen to lone.

2 Secondly, vsurie consisteth not only in mony, but also in corne, wine, oyle, or any other thing that is geuen to lone, as yf I lend two bushels of corne at Easter, to re­ceaue three for it at haruest.

[Page] 3 Not onely the takinge of any thing aboue the principal, but also the looking for yt, though yt be not taken, doth make him guyltie before God, who looketh or hoa­peth for yt, by the reason of the lone. I say, he is therby guyltie be­fore God: but he is bound to make no real restitution if he take no­thing of his neighbour.

4 But yt is otherwise, if any man geue or offer any thing, not in re­spect of the lone, but to shew him self mindful of a good turne recea­ued. For that which is so offered, may be lawfully takē, without any vsury committed: so that there be no fraude vsed therin, but that the intent and conscience of the re­ceauer be vpright and free in that behalfe.

5 When the borower vseth ei­ther yearely, or quarterly, or at [Page 64] certaine tymes, to geue alwaies one certaine thinge, and that also in monie: yt worthely maketh the receauer to be suspected as an vsu­rer. And therefore yt were not good so to do, if yt were but for the sauing of a mans good name, and for the auoyding of slaunders and offences. But yet whether the receauer be in dede an vsurer or no before God, it dependeth alto­gethers vpon his cōscience: which if it looke not for the brybe, and likewise if he lent not his monie for that end, or leaue not the mo­ny therefore in the others handes: he may be free from the vice of vsurie.

6 I can not easely deuise, how he should be excused frō vsurie, who though he bargaine for no gaynes, yet not tarrieng till his monie or stuffe be borowed of him, seeketh [Page] out a merchaunt of his owne ac­cord by whome yt may be vsed: and taketh what so euer the mer­chaunt offereth him yearely. For his deede seemeth to importe a mental vsurie: except he seeke him out only for charities sake, because he would not haue his monie lye by him idle, whereas yt may do an other man good.

7 If I hauing to do in other coun­tries, and therefore causing the value of my monie to be made o­uer by a bill of exchaunge, do let my mony lye in the exchaungers hand, to th'end I may receaue more in euerie pound, then the iust value by exchaunge cometh to (whiche is called geuing to vsance) it is the vice of vsurie. For the length of the tyme can neuer be any iust cause, why I should receaue more then I dely­uered, [Page 65] sith it is straight his monie who receaueth yt, and yt stan­deth at his perill. And therefore he payeth me for the vse of his owne, which is vniust.

8 Who so selleth his wares the derer, onely because the monie is not payed him out of hande, requireth that ouerplus of monie onely for the tymes sake, and that is a kynde of vsurie. For yf the seller, who should haue receaued (for example sake) fourtie shil­linges for his oxe, demaund se­uen nobles, because he shall not be payed before the quarter day: he dothe (as it were) lende the bier fourtie shillinges for so longe tyme, to receaue for it one noble ouerplus, whiche is euident v­surie.

9 The lyke is, if contrarie wise I owing one hundred poundes at a [Page] certaine day, do pay tenne poun­des the lesse, only because I paie it before the day. For the monie which at the day should be due, is as it were lent for so long vpon ten poundes in the hundred.

10 He that bying a pece of ground vnder the price, afterward setteth yt foorth to be hyered of the sel­ler, in such sorte that he may re­ceaue (for examples sake) fyue or six in the hundred aboue that which he gaue, committeth vsu­rie. For although yt be lawfull to receaue gaines and rētes of a mans owne landes: yet this land was not iustly the byers, but rather he lent his monie for vsurie, and cloaked the matter with the name of bying.

11 If I lend monie vpon the pledge of certaine groundes or howses, taking vp in the meane tyme the fruites of the same groundes or [Page 66] howses, and afterward receaue my principal againe, yt is vsurie. For I ought to take the fruites no lon­ger, then til I haue my own princi­pal▪ and in that case not to receaue any other monie▪ the rest is vn­iustly taken. But those are only to be accompted fruites whiche re­maine, al iust burdēs excepted and debated.

12 Euerie daunger of the monie or cause of doubt, doth not take a­way the vice of vsurie, except the daunger or doubt doo consist ra­ther in that which may happen in the price of the thing it selfe, then in the only respect of tyme. For who so euer taketh ouerplus in re­spect of tyme only that an other keepeth his monie, though he be content to aduenture the peril of carrieng that monie ouer the sea, yet he thereby auoydeth not vsu­ry, [Page] because his bargaine groundeth vpon the gaines of that time wher­in the mony is none of his owne.

13 When any man hath commit­ted vsurie, he is bound to make re­stitution to him, or his heires, or as­signes, of whom he tooke that vn­iust gaines: except the partie that hath right to that mony, do freely and without al constraint or circū ­uention forgeue the det. But who so wilbe sure that he is forgeuen, I counsel him first of al, to take his principal out of the merchauntes hand, without putting him in hope to haue it againe, least if he aske forgeuenes whilest the monie ly­eth in his handes, he do force the merchant to forgeue hym, who feareth if he should not so do, he should no longer enioy the mony▪ but whē he hauing takē vp his prin­cipal, hath the det afterward freely [Page 67] forgeuē him: then would I exhort him also, rather to lette the honest merchant freely to vse his mony, then that it should lye idle by him.

Thus haue I briefly geuen (as it were) a tast of the matter of vsury: As minding to prouoke him that before thought litle thereof, to be hereafter the more carefull and feareful least he abuse the contract of geuing to lone, which God pro­uided for the great benefit of our poore neighbours. And by these few examples (but specially by the reasons wherby vsury was repro­ued in the vij. chapter) the reader may coniecture, when he is in daū ­ger of vsury, and whē he is free frō it. And when al other knowledge fayleth, he may aske counsel of some learned and discreete man, who is hable to shewe him that, whiche lacketh in this Treatise. [Page] For my chiefe purpose herein was only to shew, how great a vice vsurie is euen according to the lawe of nature, and howe warie and careful men ought to be in auoyding and es­chewing the same.