THE ENGLISH VSVRER.
CHAP. I. Of the definition of Vsury.
THe contract of Vsury is nothing else but illiberall mutuation,Bb. Downam in Ps. 15. p. 151. Vsury defined. and may thus briefly be defined: Vsury is mutuation, or lending for gaine. This briefe definition doth fully set forth the true nature of Vsury, and sufficiently distinguisheth it from all other contracts whatsoeuer.
FIrst I say it is mutuation or lending,Subiectum vsurae mutuum. which is also presupposed in the Scripture, Exod. 22.25. and the same if need were, might be proued by the other relatiue, which is borrowing: for lending and borrowing are relatiues: And if he which taketh vp money vpon vsury, be a borrower; then he that giueth or putteth it forth vnto vsury, is a lender.
The contract therefore of Vsury is a contract of lending: now in the contract of mutuation or lending,Idem p. 152. diuers [Page 2] things concurre, which also belong to the nature of Vsury.
- 1. That it is of such things as are spent in the vse, and consist in quantitie, that is to say in number, weight, or measure, as Money, and Victuals, Corne, Wine, Oyle, &c. which are particularly mentioned, Deut. 23.19. Leuit. 25.37.
- 2. And therefore is alienation not onely of the vse, but also of the propertie, from which the vse (of such things as are spent in the vse) cannot be seuered.
- 3: As the property is transferred to the borrower, so the borrower standeth to the hazzard of the thing borrowed.
- 4. That it is not a perpetuall alienation of that which is lent, but for a time, which time being expired, the borrower is bound to restore the principall.
- 5. Because the thing borrowed is to be spent in the vse, therefore the borrower is bound, not to restore the selfe same particular which he borrowed, but so much in the same kind, or the same valew.
- 6. It belongeth to the nature of lending, that it be free and liberall. And this is that which followeth in the definition, as the difference to distinguish it from free lending, that it is for gaine.
Vsury is for gaine.By gaine is ment any addition, ouerplus, or increase, ouer and aboue the Principall, whether it bee money, or money worth, required not for the indemnity of the Creditour,Idem p. 153. What is to be esteemed gaine. to saue him harmelesse, but for his aduantage, to make him a gainer by lending; for that onely is to be esteemed gaine, which is an ouerplus, [Page 3] clearely gotten aboue the Principall. And whereas I say it is eyther money, or money worth: this money worth reacheth farre, not onely to goods and wares, but also to labours and seruices, and whatsoeuer else being valuable by money, may lawfully be let or sold for money. And when I say that vsury is lending for gaine, it is ment, that in the first act of lending vpon vsury, or afterwards in the forbearing, whereby that lending is continued, gaine is, if not couenanted for, yet at the least intended. So that where there is a couenant or intent of gaine by loane, whether it be in the first act of lending, or afterwards in the forbearing, it is vsury: and contrariwise, where there is neyther a couenant nor intent of gaine in lending or forbearing, there is not vsury, though there be an ouerplus, or encrease receiued ouer and besides the Principall.
The Hebrew word Nesheh, is the ordinary name to signifie vsury, as Foenus in Latine, or [...] in Greeke,Idem p. 154. or Vsury in English. For the money which is lent vpon vsury, is called Nesheh, a biter, or which biteth:The names of vsury. and the Hebrew phrase, which signifieth to be lent vpon vsury, is to bite, as appeareth plainely, Deut. 23.19. Thou shalt not lend vpon vsury to thy brother money or meat, or any thing else, Asher Ishak, which biteth, that is, which is lent vpon vsury. For whatsoeuer the Vsurer lendeth, it hath teeth, and iawes to eate and consume the substance of other men; his Corne or victuals which were made to be eaten, doe eate, and his money which was made to be spent, doth wast the substance of others, and therefore Hebrew writers doe teach, that in the name of Vsury is encluded an admonition, not to borrow vpon Vsury: for hee which taketh money vpon Vsury, taketh as it were a serpent into his bosome.
This is confessed by Caluine himselfe, that whereas [Page 4] Vsurers auoyd the name Nesheh, which signified biting, as they doe the name Vsury among vs, as being odious, and therefore alledged, that they tooke not Nesheh but Tarbith, as amongst vs they will not be thought to take Vsury, but consideration, vsance, or interest: therefore the Lord forbideth as well Tarbith as Nesheh, In Exod. 22.25 Levit. 25.36.. whereby he condemneth generally Quamlibet sortis accessionem (sayth Caluin) any addition or increase aboue the principall. And vpon Ezekiel chap. 18. he sayth the Prophet condemneth not onely Nesheh which signifieth biting,God forbids biting vsury and increase. but also Tarbith, which he translateth incrementum, increase: hoc est (sayth he) quicquid lucri sibi avari homines conciliant ex mutuo; that is, whatsoeuer gaine couetous men doe get to themselues by loane.
- Lucre for loane vpon couenant; or
- The couenant of lucre for lending: or
- Lending vpon couenant for lucre.Dr. Fenton Treatise of vsury, p. 15.
So that these three words, mutuum, pactum, lucrum, doe define and circumscribe the entire nature of that Vsury whereof the maine question is made, whether it be lawfull or not.
And to these descriptions of Vsury, agree those of our most reuerend, and iudicious Diuines: vide. Dr. Willet vpon Exodus, p. 509. Dr. Smith in Willet vpon Leuiticus, p. 625. Perkins, Comt. 8. Mr. Smith, 18. Sermon vpon Vsury. Dr. Pie, Vsuries Spright coniured, p. 4. Powels positions of Vsury, p. 4. Bb. Iewel, vpon 1 Thes. p. 113. Amesius de conscientia, lib. 5. cap. 44. Dr. Wilson, Discourse vpon Vsury, p. 85. Mr. Mosse, Arraignement and conuiction of Vsury, p. 31.
CHAP. 2. The distinction of Vsury.
MEntall Vsury is a lending for gaine without couenant, that is,Mentall vsury. Bb. Downam in Ps. 15. p. 168. when the creditor onely intendeth and looketh for gaine by lending and forbearing his money, but doth not indent or couenant with the borrower for gaine. And this may be called, the Vsury of the heart:Rom. 7.14. for the law of God being spirituall, doth not onely restraine the hands, and outward man; but also the intent and purpose of the heart: insomuch, that morall actions though in shew good, are to be iudged euill, if they proceed from an ill intent, and tend to an ill end: for he that intendeth euill, hath the like euill will with him that worketh euill: and he which by lending onely intendeth his owne gaine, he lendeth for gaine, and therefore, if actuall Vsury be euill, then the intent and purpose thereof is also euill.
Outward and actuall Vsury is, when the creditour doth not onely intend certaine gaine by lending, but also couenanteth for a certaine summe to be allowed him at a certaine time, or times. This in the Scriptures is called imposing of Vsury, Exod. 22.25.Idem p. 170. Thou shalt not impose Vsury vpon him: Wherefore in actuall Vsury, a couenant is made for certaine gaine, and in that couenant the very forme of actuall Vsury consisteth: for which cause [Page 6] some doe call such a contract, formall Vsury. And this couenant vseth to be confirmed by obligation, eyther verball, as bils and bonds, or reall, as pawnes, or mortgage; or personall, as suretiship; whereby the creditor is secured for the receit, and the debtor bound for the payment, both of the principall and also of the Vsury.
Let vs now see how by this definition Vsury is distinguished from other contracts, and also other things which may seeme to haue some affinity therewith: for of the rest it is needlesse to speake.
It is therefore distinguished
- Vsury distinguished. 1 From all liberall contracts. Idem p. 157.1. From all liberall contracts, as that of donation or free gift, of mutuation, or free lending to spend, of commodation, or free lending to vse, because they be free and liberall, but Vsury is illiberall and for gaine.
- 2 From all lawfull buying2. From all lawfull buying: because in buying there is a perpetuall alienation of money, in Vsury but for a time.
- 3 For letting to hire.3. From lawfull Location or letting to hire: which is the rather to be obserued, because some imagine, that money and other things which are lent vpon Vsury,Idem p. 158.may as well be let as other things. But there is a great difference betwixt Vsury, and the lawfull contract of Location or letting. And first they differ in the subiects.
| Vsury is in those things which are spent in the vse, and consist in quantity, standing in number, weight and measure. | Location, is of such things as are not spent in the vse, neyther stand in number, weight and measure. |
| The subiect of Vsury, are such things as haue no fruitfull vse in themselues, but the gaine which is to be raised by imployment of them, is to be imputed to the industry and skill of the imployer. | The subiect of Location haue a fruitfull vse in themselues naturally. |
| The vse of things lent vpon Vsury cannot be seuered, or reckoned apart from the property and dominion, because they are such things as are spent in the vse, and therefore if you vse them, you spend them. | The fruitfull vse of things lent, may be seuered and reckoned apart, and is valuable by it selfe, as of Lands, Goods, Houses, &c. which remaine in the vse vnspent. |
| In the contract of loane, whether free or vpon Vsury, the lender granteth to the borrower, not onely the vse, but also the property of the thing lent, from which the vse of that, which we lend to be spent in the vse cannot be seuered: hence it is called mutuum, because by lending it is made ex meo tuum. | In the contract of Location, the letter granteth to him that taketh to hire the vse onely of the things retaining the property to himselfe. |
| Because that which is the subiect of loane, and Vsury, is spent in the vse, and is lent to be spent; therefore the borrower is bound to restore, not the same particular which he borrowed, but so much in quantity or full valew in the same kind, without any impairing, or diminution. | Because, that which is the subiect of commodity and Location, is lent, and let, not to be spent, but onely to be vsed: therefore he that taketh the same to vse, is bound to restore the selfe same particular, which for the most part is impayred and made worse in the vse. |
| As in mutuation, and Vsury, the property is translated to the borrower, so with the property also the hazzard wholy appertayneth to the borrower: for the very contract of mutuation includeth in it an obligation, binding the borrower, that whatsoeuer becommeth of this particular which he borroweth, he shall restore the full valew thereof at the day appoynted, in the same kind. And to this purpose the borrower maketh promise, either by word or writing, entreth into bonds, and statutes, laying his goods to pawne, or his lands to mortgage, giueth sureties, to assure and secure the creditor for the principall. | As in Location the vse is communicated to the Hirer, but the Letter retaineth the property: so the thing, if it shall miscarry without the default of the Hirer: belongeth to the Letter, and not to the Hirer, because it came for his hire, Exod. 22.14. And it is a rule in law, to whom the hazzard appertaineth, to him the fruit and profit belongeth. |
Where there is a Couenant to beare part of the losse, as well as to reape part of the gaine,4 From the contract of Partnership. and this contract, is neyther vsury, nor loane: but a lawfull contract.
Which in Latine is called Nauticum, 5 From aduenturers vsury. or Maritimum Foenus, and is a gaine or allowance made for money which is transported beyond the Seas, at the perill and hazard of the Creditor. This is not vnlawfull, prouided,Idem p. 164. 165. alwayes, that there be an aduenture or hazard in truth, and not in pretence onely; and also that the gaine be proportionable to the hazard.
Which is a gratuitie or free gift,6 From liberall vsury when the borrower finding himselfe much benefited by the lenders curtesie, doth of his owne accord in testimony of his thankefulnesse, freely giue to the lender, who neyther intended when he lent, nor expected whiles he forbore, any gaine; and much lesse couenanted for it.
From that which is called Vsura compeus satoria recompencing vsury, which we call intrest:7 From recompencing vsury. Bb. Downam in Ps. 15 p. 166. Dr. Smith in Willet vpon Leuit. p. 631. Powels Posit. of vsury p. 14. Bb. Iewel. 1 Thess. p. 135. which is nothing else but a iust recompence which the Debter, hauing through his default beene the effectuall cause of the Creditours hinderance, doth owe vnto him by the Law of nature, and that hinderance may be two fold, Damnum emergens, losse arising, or Lucrum cessans, gaine ceasing: but this ceasing gaine which must come into estimation, must not be vncertaine and doubtfull, but certaine: or at least very probable.
- First, that intrest bee esteemed not according to the gaine or benefit which the borrower hath had by the imployment of the money, but according to the hinderance [Page 10] or losse which the creditour sustained through the borrowers default.
- Secondly, that Interest is not to he required nisi post moram, but onely after delay and default committed by the borrower.
- Thirdly, that not alwayes after delay it is to be required, but onely then, when the creditour hath indeed sustained losse or hindrance by the borrowers delay.
- Fourthly, that he doe not voluntarily incurre any losse, meaning to lay the burthen thereof on the borrower, but doe his true endeauour to auoyd it, eyther in whole or in part.
- Fiftly, that when he suspecteth losse or hinderance by the debtors delay, he descend not into extremities with those who haue broken day, not through negligence or vnfaythfulnesse, but through want and necessity, which they did not foresee: and let him remember, that where is no fault, there ought to be no punishment.
- Sixtly, that the estimation of the interest be not referred to the creditors owne arbitrament, but committed to the iudgement of some other honest and discreet men: which conditions being obserued, it is lawfull for the creditour to require an ouerplus besides his principall: which ouerplus notwithstanding is not vsury.
How vsury discovers it selfe in selling, in buying, in letting, in partnership and exchange, vnder pretence of the aduenturers vsury, vnder the colour of recompencing vsury, vide. Bb. Downam, vpon the 15 Psalme, p. 173, 175, 182, 183, 188, 191. Dr. Fentons Treatise of vsury, p. 21, 22, 23, 24, 25. Powels positions of vsury, in his Epistle Dedicatory. Mr. Mosse, in the Arraignement and Conniction of vsury, p. 62. to p. 68.
CHAP. 3. The Testimony of sixe learned Bishops of the Church of England concerning vsury.
The Testimony of Bishop Sands.
THis biting Worme of Vsury,Sermon vpon 1 Sam. 12.23, 24. Vsury a biting worme, a canker. that deuowring wolfe hath consumed many, many it hath pulled vpon their knees, and brought to beggery: many such as might haue lived in great wealth, and honour not a few. This canker hath corrupted all England: we shall doe God and our country true seruice, by taking away this euill; represse it by Law, else the heavy hand of God hangeth ouer vs, and will strike vs.
God sayth, Lend freely, and looke for no gaine:Idem Sermon vpon Luke 1.74.75. but will the Vsurer, whose money is his god, remit his Interest because of this; because the Lord hath so charged him? No, he will not let goe his ten or twenty, or thirty, in the hundred. To him the glory of God,Note. Nothing precious to the Vsurer but money. yea and his owne soule is vile, nothing is precious but onely his money. What the Prophet speaketh of putting forth money to vsury, he full little regardeth, but seedeth still vpon his mast, and blesseth himselfe when he waxeth fat, not perceiuing that God hath already plagued him with a plague of all plagues, the obduration of his heart. And although that God hath giuen him ouer into a dull and sencelesse minde,Vsurers haue hard hearts. his eares being so damned vp that nothing can haue enterance to moue, or touch his hard heart, yet he still blesseth himselfe, and his accursed soule. Thou Vsurer, thou idolater, that dost glory in thy shame, [Page 12] in thy euill gotten gold:Their wealth prospers not. dost thou not know, that thy wealth shall melt like snow before the Sunne? Thinkest thou still to hold it? O foole, this night shall they take away thy soule, perhaps this instant, and then whose is all this? After that Zacheus fell to the seruice of Christ, and that Christ entred into his house, he presently forsooke the seruice of Mammon, made a large restitution of that which he had gained by such vnlawfull meanes, and then began to be liberall: and not onely to lend freely, but to giue for nothing. He gaue the one halfe of all his goods to the poore. If God would at this day worke thus in the heart of one Zacheus, a rich Vsurer, how many poore might be relieued by such a restitution? He might maintayne many a needy man, and saue his owne soule. Well, this one thing we know, the word that proceedeth out of Gods mouth against vsury,Is. 55.11. shall not returne in vaine, if it cannot worke reformation, it will worke confusion.
Euery man is to his neyghbour a debtor, not onely of that which himselfe borroweth,Idem Sermon vpon Rom. 13.8, 9, &c. but of whatsoeuer his neyghbour needeth: a debtor, not onely to pay that he oweth, but also to lend that he hath and may conueniently spare; to lend I say according to the rule of Christ, Luke. 6. Lend looking for nothing thereby. So that these ouer-payments, the vsury which hath spoyled and eaten vp many,Vsury the canker of the Commonwealth. the canker of the Commonwealth, is vtterly both forbidden to man, and abhorred of God. To bargaine for Lead, Graine, or Leases, with such as haue neyther Lead, Graine, nor Leases to pay, neyther any such matter meant, but onely vnlawfull gaine of money, the party to forfeit his obligation, because he neyther can, nor meaneth such payment, and the lender not content to receiue lesse aduantage then thirty at the hundred, this is but a patched cloake to couer this [Page 13] vild sinne withall.Note. Whatsoeuer thou receiuest vpon condition, or by what meanes soeuer thou receiuest more then was lent, thou art an vsurer toward thy brother, and God, will be a reuenger against thee. He whom thou shouldst obey if thou wilt be saued,Ezod. 22 25. Levit. 25 27. Deut. 23.19. doth in expresse words command thee, not to lend thy money for vsury. This Word of God, man cannot dispence withall, and it shall not returne in vaine; if it cannot be a conuerting commandeme it, it shall be a confounding iudgement. The reasons of men for vsury must giue place to the precepts of God against it.The reasons of men for vsury, must giue place to the precept of God against it. What man art thou that wilt be wiser then thy Maker? Hath God condemned it, and darest thou defend it? is it in his iudgement iniurious, and doth thy iudgement thinke it equall? Hath he seene reason to prohibit it, and dost thou see reason why thou mayst vse it? such reasons with the makers and vsers of them, the Lords iustice shall destroy. And yet in truth all Nations, at all times haue condemned it, as the very bane and pestilence of a Commonwealth:The old Romans condemned vsury whereof the old Romane both History and practise is an often witnesse. These secret shifts are seene of God, and abhorred, and will be reuenged: well mayst thou escape the hands of man by thy coloured delusions, yet canst thou not escape the sharpe and swift iudgement of God:Note. who accordingly as hee hath threatned, will exclude thee out of his Kingdome, interdict thee his Tabernacle, and hurle thee into Hell: Where thy euill gotten money can neyther redeeme nor helpe thee, a iust reward for thy vniust vsury. Our Apostle requireth that we pay vnto euery man the thing that we owe, and we are as much debttors to lend freely, as others faythfully to pay the thing which was lent.
The bowels of compassion are in some men so marualously dryed and closed vp,Idem Sermon vpon Micah. 6 8 p. 100. that they turne away their [Page 14] faces from all men, that desire any thing at their hands, though they aske it not of gift,Vsurers worse then Iewes. but of loane, vnlesse they aske to buy the loane with Vsury. The Iewes euen till this day will not lend vpon vsury among themselues, but lend freely to their brethren and without gaine. Iudas himselfe that sold his Master for money, was not more cruell hearted I suppose then these men are, who for money deuoure their brethren: their hearts are iron hearts, they haue no sparke of pity or compassion left in them, let them not thinke but that one day their gaine shall be their exceeding losse.Note. If Chrysostome thought that one euill gotten groat, layd vp amongst a chest full of money, would be a canker to fret out and eate vp the rest, what shall become then of so much gotten by so vnmercifull and vngodly meanes? Where is loue, where is mercy, when lending of money is become merchandize? Enough hath beene sayd in this place of this matter, which if it be not amended, be ye assured that the Lord God in his iust wrath will plague you both in your selues, and in your posterity for it.
2 Testimony. Bb. Iewell.
MAny liue in vsury, a most filthy trade, a trade which God detesteth,Sermon vpon Rom. 13.12. a trade which is the very ouerthrow of all Christian loue: But their gaine shall be to their losse, and their money to their destruction. He that giueth his mony vpon vsury, shall not dwell in the Tabernacle of the Lord, nor rest vpon his holy Mountaine.
Treatise vpon the Sacraments.Deceiue no man by wrongfull dealing, increase not thy goods by extortion nor by vsury. He that giueth his money to vsury, shall not enter into the Tabernacle of the Lord. He that taketh vsury of his neyghbour, killeth him without a sword, the Lord will auenge it. He will not blesse ill [Page 15] gotten goodes, they cannot prosper: they will neuer continue, nor remaine vnto the third heire.
Vsury is a kind of lending of money, or corne, or oyle,vpon 1 Thes. p. 113. Vsury defined. or wine, or of any other thing, wherein, vpon couenant and bargaine, we receiue againe the whole principall which we deliuered, and somewhat more, for the vse and occupying of the same: as if I lend 100 pound, and for it couenant to receiue 105 pound, or any other summe, greater then was the summe which I did lend:No good man an Vsurer. this is that which we call vsury: such a kind of barganing as no good man, or godly man euer vsed. Such a kind of barganing as all men that euer feared Gods iudgements haue alwaies abhorred and condemned. It is filthy gaines,Note. Vsurers say, Lord increase our fayth, and then make such a confession of it as Bb. Iewell doth in this place. and a worke of darkenesse, it is a monster in nature: the ouerthrow of mighty kingdomes, the destruction of flourishing States, the decay of wealthy Cities, the plagues of the world, and the misery of the people: it is theft, it is the murthering of our brethren its the curse of God, and the curse of the people. This is Vsury. By these signes and tokens you may know it: For wheresoeuer it raigneth all those mischiefes ensue.
Whence springeth Vsury? Soone shewed.Idem p. 115. The cause of vsury. Euen thence whence theft, murder, adultery, the plagues, and destruction of the people doe spring. All these are the workes of the diuell, and the workes of the flesh.Iohn 8. Vsurers of their father the diuell. Christ telleth the Pharisees, You are of your father the diuell, and the lusts of your father you will doe. Euen so may it truely be sayd to the Vsurer, Thou art of thy father the diuell, and the lusts of thy father thou wilt doe, and therefore thou hast pleasure in his workes. The diuell entered into the heart of Iudas, and put in him this greedinesse, and couetousnesse of gaine, for which he was content to sell his master. Iudas heart was the shop, the diuell was the foreman to worke in it. They that will be rich, fall into tentation and snares, and into many foolish and noysome lusts,1 Tim 6.9 10. which [Page 16] drowne men in perdition and destruction. For the desire of money, is the roote of all euill. And S. Iohn saith, Whosoeuer committeth sinne is of the Diuell. 1 Ioh. 3.8. Thus we see that the diuell is the planter, and the father of vsury.
Idem p. 116. The fruits of vsury.What are the fruits of vsury? A. 1. It dissolueth the knot and fellowship of mankind. 2. It hardneth mans heart. 3. It maketh men vnnaturall, and bereaueth them of charity, and loue to their dearest friends. 4. It breedeth misery and prouoketh the wrath of God from heauen. 5. It consumeth rich men, it eateth vp the poore, it maketh bankrupts, and vndoeth many householders, 6 The poore occupiers are driuen to flee, there wiues are left alone, their children are hopelesse, and driuen to beg their bread, through the vnmercifull dealing of the couetous vsurer.
He that is an Vsurer, wisheth that all others may lacke and come to him and borrow of him:Idem p. 120. Our forefathers abhorred vsury. that all others may lose, so that he may haue gaine. Therefore our old forefathers so much abhorred this trade, that they thought an Vsurer vnworthy to liue in the company of Christian men They suffered not an Vsurer to be a witnesse in matters of Law. They suffer him not to make a Testament, and to bestow his goods by Will. When an Vsurer dyed, they would not suffer him to be buried in places appointed for the buriall of Christians. So highly did they mislike this vnmercifull spoyling and deceiuing our brethren.
Idem p. 121. All professions of men condemne Vsury.But what speake I of the ancient Fathers of the Church? there was neuer any Religion, nor Sect, nor State, nor Degree, nor Profession of men, but they haue disliked it. Philosophers, Greekes, Latins, Lawyers, Diuines, Catholikes, Hereticks; all Tongues, and Nations, haue euer thought an Vsurer as dangerous as a theefe. The very sense of nature proues it to be so. If the stones could speake, they would [Page 17] say as much. But some will say,Idem p. 124. The Vsurers obiection. all kindes of vsury are not forbidden, there may be cases where vsury may stand with reason and equity, and herein they say so much as by wit may be deuised, to paint out a soule and vgly idoll, and to shadow themselues in manifest and open wickednesse. Whatsoeuer God sayth, yet this or this kind of vsury, say they, which is done in this or this sort, is not forbidden. It profiteth the Commonwealth, it relieueth great numbers, the poore should otherwise perish, none would lend them.
By like good reason,Answer. there are some that defend theft and murder, they say, there may be some case, where it is lawfull to kill or to steale: for God willed the Hebrews to rob the Aegyptians, and Abraham to kill his owne sonne Isaac. In these cases the robbery and the killing of his sonne were lawfull. So say they.Some pleade for Vsurers, as Papists for whores. Euen so by the like reason doe some of our countreymen maintayne concubines, curtizans, and brothel-houses, and stand in defence of open stewes. They are (say they) for the benefit of the Country, they keepe men from more dangerous inconueniences, take them away, it will be worse. Although God say, There shall be no whore of the daughters of Israel, neither shall there be a whore-keeper of the sonnes of Israel. Yet these men say all manner of whoredome is not forbidden. In these and these cases it is not amisse to alow it.
As Samuel sayd to Saul, so may we say to the Vsurer?Idem p. 126. God cares not for Vsurers excuses. thou hast deuised cases and colours to hide thy shame, but what regard hath God to thy cases? What careth he for thy reasons? the Lord would haue more pleasure, if when thou hearest his voyce thou wouldest obey him. For what is thy deuice against the counsell, and ordinance of God? What bold presumption is it for a mortall man to controule the Commandements of immortall God? And to weigh his heauenly wisedome in the ballance of humane foolishnesse? When God sayth, thou shalt not take vsury, what creature of GOD art thou which canst take vsury? When God maketh [Page 18] it vnlawfull,They are of a desperate mind. what art thou, oh man, that sayst, it is lawfull? This is a token of a desperate mind. It is found true in thee, that Paul sayd, the loue of money is the roote of all ill. Thou art so giuen ouer vnto the wicked Mammon, that thou carest not to doe the will of God.
Idem p. 144.Thus much I thought expedient to speake of the loathsome and foule Trade of vsury, I know not what fruit will grow thereby, and what it will worke in your hearts. If it please God, it may doe that good that I wish. I haue done my duety, I call God for a record vnto my soule, I haue not deceiued you. I haue spoken vnto you the truth. If I be deceiued in this matter, O God thou hast deceiued me. Thou sayst, Thou shalt take no vsury. Thou sayst, He that taketh increase, shall not liue. What am I, that I should hide the words of my God, or keepe them backe from the hearing of his people? The Learned old Fathers haue taught vs, it is no more lawfull to take vsury of our brother, then it is to kill our brother. They that be of God heare this, and consider it, and haue a care that they displease him not. But the wicked that are no whit moued, and care not what God sayth, but cast his Word behind them: which haue eyes and see not, and eares yet heare not: because they are filthy, they shall be filthy still: their greedy desire shall increase to their confusion, and as their money encreaseth, so shall they encrease the heapes of their sinnes.Note. Pardon me if I haue beene long or vehmeent, of those that are Vsurers I aske no pardon.
Idem p. 145.I heare that there are certaine in this City which wallow wretchedly in this filthinesse, without repentance, I giue them warning in the hearing of you all,Vsury a cruell and detestable sinne. and in the presence of God, that they forsake this cruell and detestable sin. If otherwise, they continue therein, I will open their shame, [Page 19] and denounce Excommunication against them,Bb. Iewel threatneth excomunication against Vsurers. and publish there names in this place, before you all. That you may know them, and abhorre them, as the plagues and monsters of the world: that if they be past all feare of God, they may yet repent and amend for worldly shame.
Tell me thou wretched wight of the World, thou vnkind creature which art past all sense and feeling of God, which knoweth the will of God,Vsurers impudent. 1 Because they come to Church. 2 Because they read GODS Word. 3 Because they come into the company of good men. They cause Gods wrath to fall vpon their children. and dost the contrary? How darest thou come into the Church? It is the Church of that GOD, which hath sayd, thou shalt take no vsury, and thou knowest he hath so sayd. How darest thou read or heare the Word of God? It is the Word of that God, which condemneth vsury; and thou knowest he doth condemne it. How darest thou come into the company of thy brethren? vsury is the plague and destruction and vndoing of thy brethren. And this thou knowest. How darest thou looke vpon thy Children? Thou makest the wrath of GOD fall downe from Heauen vpon them. Thy iniquity shall bee punished in them to the third and forth Generation. This thou knowest. How darest thou looke vp into Heauen? Thou hast no dwelling there: thou shalt haue no place in the Tabernacle of the highest. This thou knowest. Because thou robbest the poore, deceiuest the simple, and eatest vp the Widowes Houses: therefore shall thy Children bee naked, and begge their bread: therefore shalt thou and thy riches perish together.
The third Testimonie, Bishop King.
HOw long will the Vsurer and oppressor of others whose Lawes are as kniues,Vpon Ionas p. 90. and whose teeth be of iron, sleepe in his bed of mischiefe, as the Psalmist calleth [Page 20] it, and in the contemplation and solace of his ill gotten goods?
Idem p. 444. Lecture 32.How long haue we cried against oppressions, and smitten the oppressours with the rod of Gods vengeance, as Moses smote the Rocke? And yet what one drop of remorse haue we euer wrung from their stony hearts? How long haue we clapt our hands at the shamelesse vsury of this place?Ministers must preach against vsury. If vsury bee too stiffe to bee moued, yet we must free our soules, and if it were possible, we would also free them that are wrapt in their snares. If they little esteeme the warning of the fifteenth Psalme, that giue their money vpon vsury, let them at least take heede that receiue it. Let them not trie to beare an Oxe vpon their shoulders, when they are vnable to beare a Goate. That is, if pouerty be burthen enough vnto them, let them not adde the burthen of vsury. They aske what they shall doe? Dost thou aske? Saith Plutarke. Thou hast a tongue, begge. Thou hast hands, worke. Thou hast feete, walke. Thou hast an heart,Plutarch de vsura. Nihil tam molestum quam reddere. Idem p. 504. Lecture 37. thinke.
Nauiga, renauiga, sale forward and backeward, take any paynes, rather then to fall into the mercy of an Vsurer. There is nothing so bitter as to restore.
I would our Vsurers would marke this, that of all those grieuous offences whereof Nineueh had labourred a long time, the rest are held a sleepe, and their names spared, as not worthy in comparison to come in speech with their farre superiour iniquity; onely the wickednesse of their hands,Nam (que) meos nec aequos mihi nec rapuere iuvencos Plutar. de uitando aere alieno. which is not least in biting the poore, is remembred and reported in speciall wordes. Spake I of Vsurers? There are none: neyther is there a Sunne in the Skie. For mine owne part, I know them not. For they haue taken neyther Horse nor Bullocke of mee. But for my brethrens sake both in the City and Country, I wish that [Page 21] their billes and bonds were all heaped together in the Market place, and set on fire, as they were sometimes at Athens, that wee might all ioy and say, as Alcibiades then did, we never saw a clearer fire.Nunquam vidi ignem purionem. But because we cannot ease our hearts so soone of them, nor by such meanes I will tell them for their owne comfort what they shall trust to amongst other things that although they labour in the fire to get riches, yet the time shall come, when there shall nothing remaine vnto them but this, that they shall be able to know and recount with themselues, how many debters they haue quite vndone: As for their treasures of iniquity, let them plainely vnderstand that they put them into a bottomlesse bag which could hold nothing.De malè quaesitis, &c. Ill gotten goods neuer descend to the third heire; perhaps, not to the second, nor first, not to benefit himselfe, who thinketh he hath most handfast. She gathered it of the hire of an harlot, Micah 1. Vsurers goods shall not prosper. and it shall returne to the wages of an harlot. They gathered their wealth by vsury, and vsury or somewhat else shall consume it. Gnipho the Vsurer as Lucian reporteth, lieth in hell, bemoaning his hard estate, that R [...]docares an incestuous spend thrift should waste his goods: so may these, but I leaue their iudgement to God, to whom it belongeth. For vengeance is his, and he will repay it. Yet dare I giue sentence against it, as far as the ancient Romanes lawes did: wherein because a thiefe was bound to make restitution of double, the Vsurer of foure fold. Their meaning is plaine enough,Vsury double theft. that they esteemed vsury a double theft, and that at the least is my iudgement. And therefore as Alexander Seuerus made an Act, that none should salute the Emperour,Note. who knew himselfe to be a thiefe, so let our Vsurers, take themselues warned,Vsurers not to salute Christians. and discharged (so long as their hearts accuse them of their double and treble theft) from saluting Christians, and much more from eating, drinking, conuersing, most of all from praying, fasting, communicating with Christians.
The 4. Testimony, Bishop Lakes.
In his workes vol. p. 343.THis is no small difference betweene God and the diuell. The diueil in shew, biddeth vs, loue our selues, doe all for our selues, and we are so simple as to beleeue him,The diuell the image of Vsurers. and thinke that we doe so; whereas the euent proues that we doe all for him, and to our owne ruine: for he is the plaine image of Vsurers, who liue by the sweat of other mens browes, and cunningly grow rich by vndoing others with a seeming reliefe.
Idem vpon Ps. 50.21. God will reproue Vsurers.God himselfe sayth it in the close of this Psalme, Heare this all ye that forget God. Iewes, Gentiles, whatsoeuer you be, if you be adulterers, drunkards, Vsurers, blasphemers, any way wicked liuers, Consider this (saith God) lest I suddenly take you away, and there be none to helpe you. For if we be guilty of such sinnes, and encourage our selues in them by base conceits of God, God will not faile to reproue vs, and marshall such wickednesse before vs, to conuict vs thereof, and to confound vs therewith.
Idem Sermon vpon Iohn 2.16. Vsurers fill the land with poore.While the Gentleman depopulates the Countrey, and the Vsurer and Victuler are become the chiefe Tradesmen of Incorporations, what wonder if contrary to Gods Law, and the Kings, the whole Land be filled with miserable poore.
The fift Testimony, Bishop Downam.
This most reuerend and learned Bishop proues vsury to be vnlawfull by diuers arguments.
1 Argument.
Proposition. vpon Ps. 13. p. 250.Whatsoeuer peruerteth and ouerturneth an act of vertue, especially such a necessary act to humane societies, that is to say, free lending: it is not onely a vice, but a detestable vice.
But vsury peruerteth and depraueth this necessary act of liberality and charity, (free lending:Assumpt.) turning it into an act of selfe loue, couetousnesse and cruelty.
Therefore vsury is not onely a vice,Concl. but a detestable vice.
The proposition is proued, because nothing is opposite to vertue but vice. As for free lending, it is a commendable act of liberality, and a necessary duty of charity.
The assumption is cleare and manifest. For whereas by the ordinance of God and by the Law of nature, lending is free and charitable, intending the good of the borrower, and not of the lender; vsury hath made it illiberall and vncharitable, intending the lenders profit chiefly, if not onely, and seeking, yea couenanting for the lenders gaine as well out of the losse of the borrower as out of his gaine. The property of charity is not to seeke her owne, but the good of others, and whereas other vertues serue for the good of the subiect wherein they are, the acts of charity and liberality are referred to the good of others:Note. lending therefore being an act of liberality and charity, ought to respect the good of the borrower, if not onely, yet chiefly; but lending by vsury is made an act of selfeloue, wherein the good of the borrower is sought either not at all, or but in a secondary respect,Vsurers couenant absolutely for gaine. as it serueth to further the lenders gaine. For indeed the lender by vsury couenanteth absolutely for gaine, which hapneth sometimes out of the borrowers losse, and sometimes also out of his gaine, which the Vsurer will pretend to seeke and respect, but the truth is, he will neuer looke after his neighbours profit, vnlesse therein he may be sure to find his owne gaine.
The vsurers lending therefore is an act of selfeloue,Lending proceedeth from 3 fountaines. and it is also an act of couetousnesse. For whereas lending proceedeth from one of these 3 fountaines, either from Christian charity, or from ciuill loue and humanity, or from couetousnesse: he is sayd to lend in Christian charity, who [Page 24] lendeth for the Lords sake to his needy neighbour, looking for nothing againe: in ciuill charity or curtesie, who lendeth to pleasure his friend, looking for his owne againe: in couetousnesse who lookes for more then his owne. For indeed what is [...], that is couetousnesse, but an vnlawfull desire of hauing more.
2 Argument.
Idem p. 310.Vsury cannot be practised with a good conscience, because it cannot be done in fayth, that is to say, in a sound perswasion out of the Word of God, that it is lawfull: and whatsoeuer is not of fayth is sinne.Rom. 14.23.
3 Argument.
Phil. 4.8. Rom. 12.17. 1 Thes. 5.22:That which is not honest and of good report, is not to be practised. For the Scripture teacheth vs, that we should doe such things as are honest, and of good report, prouiding for honest things, not onely before God, but also before men, abstaining from all shewes of euill.
Improbanturij quaestus qui in odia hominum incurrunt vt faeneratorum De Off. lib. 1.But vsury is a very odious thing, and of ill report: the very heathen by the light of nature detested it. Tully saith, such things are to be misliked which are odious, as namely that of Vsurers. Columella sayth, that vsury is odious euen to those whom it seemeth to helpe. Aristotle sayth it is hated most worthily, &c. As for Christians, vsury in ancient time was so odious among them, that if any were but suspected to be an Vsurer, his house was counted the house of the diuell, no neighbour would fetch fire at his house, or haue any thing to doe with him, children would poynt at him in the streets: yea, by the lawes of Christistians they are diffamed persons.vid, Cent. 12. cap. 4. The vsurers house called the house of the diuell. The Scriptures censure vsury as an abomination; that is, as a sinne to be abhorred. and Ps. 109.11. the holy Ghost vseth this interpretation against the wicked: Let the exactour (meaning thereby the vsurer, as all Translations, almost, besides some English doe read) ensnare all that he hath. Whereby it may be gathered, both that to be an Vsurer is an odious thing, and that it is a curse to fall into his snare.
Seing therefore vsury is and alwayes hath beene a thing so odious and of so bad report,The Vsurer denies the conclusion. no Christian can practise it with a good conscience.
The Vsurer sinnes against God, his neighbour, and himselfe.
First against God by impiety and vngodlinesse.Leuit 25.36. Neh. 5.9. For the Vsurer wants the feare of God.
2 He disobeyeth the Commandements of GOD,Idem p. 270. straightly commanding free loane, and sharpely forbidding vsury, and contemneth the threatnings of God denounced against the same.
3 He sinnes by infidelity,Vsurers infidels. in not beleeuing the gracious promises of God made to those who lend freely: for as Chrysost. hath well said [...], vsury is the ofspring of infidelity.
4 By diffidence, ending commonly in prophanesse. For the Lord would haue our faith concerning spirituall blessings in heauenly things,Page 271. to be excercised and confirmed by our affiance reposed in his goodnesse for temporall blessings in earthly things, as may be gathered by the order of the fourth and fifth petitions of the Lords Prayer.The vsurers dare not trust to Gods prouidence. — But the Vsurers whole endeuour is to settle himselfe and his estate as it were out of the gunshot of Gods prouidence: he will not deale by husbandry, or traffique because of the hazards whereunto eyther of both is subiect: that is to say, because of his diffidence in God, to whose prouidence he dare not trust his goods: and therefore he will make sure worke for himselfe, that he shall not neede to stand to Gods courtesie. The practice of vsury shall bee as a Tower of Babel vnto him,Note. that whether GOD do blesse the traffique of men, or not, or whether it goe well or ill with Husbandrie, hee will bee sure both of his Principall and of his gaine. All is one to him, whether the Marchants gaine or loose, sinke or swime, whether there bee Fammine or plenty faire. [Page 26] weather or foule, hee feareth no flouds In a word, his chiefe endeuour is, that in respect of worldly things hee may haue nothing to doe with God; and so at length of a faithlesse man hee becommeth also prophaine,Ezeh. 22.12. hauing forgotten God, as for this sinne the Lord chargeth Ierusalem, neyther is God, I meane the true God in all his thoughts; for his god Mammon doth wholy possesse his heart.
Vsurers idolaters.The Vsurer sinneth by Idolatrie. For seeing the roote of vsury is couetousnesse (which is the roote of all euill) it cannot bee denied; but that euery Vsurer is couetous; and euery couetous man is an idolater Eph. 5.5. And a Seruant of Mammon, Mat. 6.24. And therefore no true Seruant of the Lord, now you must remember, that for couetous persons and idolaters, there is no inheritance in Heauen.
Idem p. 232. The Vsurer is both vniust & vncharitable.Secondly, the Vsurer sinneth against his neighbour for whereas there are two duties especially to be practised towards our neighbour, that is to say, Iustice and Charity: Iustice, to giue euery man his owne, and Charity, not to seeke our owne but other mens profit Iustice: to do no wrong, Charity, to do good to all; vsury offendeth against both, as being both vniust and vncharitable. Which copulation is duely to be marked. For whereas some alledge,Note. that vsury is not against Charity, when neyther the lender nor borrower is hurt thereby, it shall hereby appeare, that if at any time it may seeme not to be opposed to Charity as an hurtfull thing, yet it is alwayes opposed as an vniust and vnequall thing. For first, the generall Law both of Iustice and Charity is this, as you would that men should do to you, so do you to them likewise.See the answer to obiect. 2. But when you haue neede to borrow, you would that Men should lend you freely, and not impose Vsury vpon you: therefore in like case, when others would borrow of you in [Page 27] their necessity, you ought to lend them freely, and not impose vsury vpon them.
Thirdly, the Vsurer sinneth against himselfe by desperate folly.Idem p. 272. The vsurer sinneth against himselfe. For as euery notorious Malefactor may truly be said to cast away himselfe, and is guilty of selfe-murder, as it is said of Korah and his complices, Num. 16.38. so the Vsurer likewise pulleth vpon himselfe the fearefull iudgements. of God, and is guilty of his owne ouerthrow. For the Lord hath threatned not onely the translation of their goods from them in this world, Pro, 28.8. but also, as touching the world to come, that they shall not dwell in the Mountaine of Gods holinesse (as may be gathered out of the 15 Psalme) but that they shall die the death, meaning therby the death of the soule.Ezeh 18.13.) and that you may know to whom the cause of the Vsurers damnation is to be imputed, it is added, and his blood shall be vpon him. And that is it which Leo saith, Poenus pecuniae, funus est animae, the gaine of vsury is the graue of the soule.
The 6. Testimony, Bishop Babington.
THere be great slyes, and those be great men,Vpon Exod. Ch. 8. p. 203. that tyrannously rule, not shearing but shauing to the very skin, if they take not skin and all. And there be lesser flies, and those be Vsures, and other biting binders, who with their Nouerint vniuersi, make an vniuersall ruine of many a mans estate, and doe fetch him in still with The conditition of this obligation, that in the end his condition is wofull, and his heart breaketh with the bitter griefe of Be it knowne to all men: Surely these are cursed flies indeed, the suckers of our sap, the bibbers of our blood,Vsurers be cursed flies. the pinchers of our hearts, and the stingers and wringers of our very soules. The Aegyptian flies was nothing like vnto them, but yet you see was a great plague of God, sent to punish the sinnes of men. But let them remember that these flies of [Page 28] Aegypt had but a time, God sent them in wrath, and tooke them away in mercy, vpon intreatie. Some Moses or other shall stand vp, and the Lord shall send a strong West wind, to take these canker wormes away, and cast them into the red Sea, that in our coast they may torment no longer. Amen.
Idem vpon the Commandements p. 69. 70.If a man (saith the Law) borrow any thing of his neighbour, and it be hurt or else die, the owner of it not being by, he shall surely make it good. If it be an hired thing he shall not make it good, for it came for his hire. In which Law, if we well weighe it we may first see, that if we haue that thing which our neighbour would borrow, and we be able, without our hurt, well to spare it him, we are bound to do it, or else we sinne against this Law of GOD, and we euen steale from our brother, that which in right is his. For God would not euer haue made a Law for recompence of the lender,It is a necessary duty of loue to lend when we may. if his thing lent receiue any harme, vnlesse it had beene a necessary duty of loue to lend when we may: therefore this narrownesse of heart, and vnkind disposition, to grudge vnto any that good which by lending wee can possibly do him, it is hatefull in the eyes of God, and a plaine breach of this Commandement.
Secondly, in this Law, (as one hath very well noted,) wee may see a great light giuen to that hard controuersie concerning vsury of money. For marke I pray you, how he saith in plaine termes, that if the thing were hired, and though it perished in the vse, yet should it not be made good by him which hired it, for it came for his hire. The money which Vsurers giue out, is hired as you know. Therefore if it were a thing that might be hired, you see the sentence of God, though it perished.
Secondly, marke againe how the Lord sayth, though a man lend of meere loue freely without any hire, yet shall his recompence be nothing more, then good will againe, vnlesse it die, or be hurt which he lendeth. Now money neyther dyeth, neyther commonly is any whit hurt, but returneth euery way as good as it came.
Thirdly, consider how the Law will haue an apparent hurt of the thing lent, or else it alloweth no recompence,Vsurers haue consideration for likely losse. but Vsurers wil haue consideration for likely losse: for, say they, If I had had my money, possibly I could haue gained thus much with it: yet are they not sure they could haue done it, for God could haue crossed their expectation, and being not sure that they could haue gained, it is not apparent that they haue beene hindred: but this Law of God prouideth in equity onely for apparent harme, and therefore nothing for them.
Fourthly, the equity of this Law is onely this, that good will be no loser,They will haue certaine gaine. and therefore prouision is made for recompence, if the thing lent receiued hurt. But Vsurers will haue their good will, as they call it, certaine and an excessiue gainer.
Fiftly, in this law of God, the borrower is respected, that he should haue helpe of his neyghbour,Vsury regardeth wholy the lender, Vsury plaine iniury voyd of loue. and not pay for it, vnlesse he hurt the thing which he borrowed, but vsury regardeth wholy the lender. Wherefore it seemeth that if this Law of God had euer any equity, this Vsury of money had euer plaine iniury, and that this kind of lending is voyd of loue, and therefore apparantly a breach of this Commandement.
CHAP. 4. The iudgement of our most Learned and Orthodoxal Diuines concerning vsury.
The first Testimony, Doctor Willet.
vpon Exodus, p. 509. vsury defined.BEfore the seuerall poynts belonging to this question can be discussed, first we must see what vsury is 1. Plus ex mutuo velle, quàm mutuatum sit, iniquum est, to desire more by lending, then was lent is wicked, Caietan. 2. Vsura est lucrum quod accipitur, solius mutuationis causa. Vsury is a gaine, which is taken onely for lending. Vrsinus. Quicquid lucri praeter sortem dabatur, what gaine soeuer was giuen beside the principall: whereupon it is called in the Hebrew Tarbith, that is, encrease of the multiplying. Caluin. 3. After the same manner was vsury defined in former times; as Carthag. 3. c. 16. Nullus clericorum amplius accipiat, quam cuiquam accomodavit, that none of the cleargy should receiue more then he hath lent. Augustine thus describeth an vsurer, Si plus quam dedisti, expectas accipere, faeuerator es, if thou looke to receiue more, then thou hast giuen, thou art an Vsurer.
That this kind of vsury is vtterly vnlawfull, and not to be practised among Christians, it shall appeare by these reasons.
Vsury condemned. vnlawfull to the Iews.First, the Hebrews were forbidden to take any vsury at all of their brethren; of the Gentiles they might: but now diruta est maceries, the wall of partition is taken away, there is neither Iew nor Gentile, but all are one in Christ. Caluin.
Of it selfe hurtfull.Secondly, Vsura ex suo genere nociua est, Vsury euen of it selfe is hurtfull, because it is called Nesheh, biting, Caietan. And the law of nature teacheth: that we should not doe that to another, which we would not haue offered to our selues.
Thirdly, vsury was detestable among the Heathen,Detestable among the Heathen. much more odious ought it to be among Christians: as Cato being asked what it was to play the Vsurer, answered, Idem quod occidere; all one, as to kill: and further hee said, that in former time, they vsed to punish a theefe but in two fold, an Vsurer in foure fold. Caluine.
Fourthly, vsury is against the first institution of money,Against the first institution of money. Pecunia inuenta est, &c. Money was inuented, and found out, that thereby things necessary for the maintenance of this like might bee prouided: but now it is peruerted and abused to couetousnesse, that money may encrease money.
Fifthly,Vsury against Scripture. the Scripture absolutely condemneth vsury Ps. 15.5. Ezeh. 18.17. And Chrysostome sayth, Vsurarius super omnes mercatores maledictus, the Vsurer is accursed beyond all Merchants and trading men.Hom 38. sup. Math. And hee further vseth this comparison, like as when one sifteth Wheate or any other graine in a sieue,Vsurers accursed. all the graine by little and little slippeth thorow, and so, Solum stercus remanet in cribro, onely the soile and durt remaineth in the sieue:An excellent comparison. so of all the substance and ill gotten goods of Vsurers, Nihil remanet praeter peccatum, nothing remaineth beside sinne, &c.
If it be Obiected,Obiect. that God permitted the Hebrewes to take vsury of the Gentiles, therefore it was not simply vnlawfull: to this it may bee Answered,Answ. that they were those seuen Nations of the Canaanites, of whom they might take vsury, which Nations they were commanded to destroy: and so by this meanes they might weaken their estate, and empouerish them: whereupon Ambrose inferreth, Ab hoc vsuram exige, quem non sit crimen occidere. Exact vsury of [Page 32] him, whom it is not vnlawfull to kill.
Obiection. p. 511, 112.But Dr. Willet hath certaine considerations, which make the receiuing of some gaine by the loane of money, not vnlawfull.
Answer.Obserue his considerations dilligently, and thou wilt vtterly dislike thy vsurious practises.
First, if thou lend thy money vpon vsury, thou must not be such a one as maketh it thy trade to liue by letting of money.
Secondly, thou must not lend money vpon vsury to those of the poorer sort: for to such it is simply forbidden to lend vpon vsury, Exod. 22, 25, and that which he allowes, is properly no vsury, (as he sayth:) but rather a gratuity, that he which hath gained by anothers money, should, to shew his thankefull mind, make him, which was the occasion thereof, a reasonable partaker of his gaine, Gratitudo animi lege naturali mandatur: this gratitude and thankfulnesse of mind is commanded euen by the law of nature.
Thirdly, the interest which thou receiuest must be moderate not excessiue.
Fourthly, this consideration which thou receiuest for the loane of money, must not be ex pacto, it must not be agreed vpon by any certaine compact or couenant: as the words here are,Note. lo tesimun, non imponetis ei: you shall not impose or lay vpon him vsury. It is not lawfull to couenant with a man certainely to pay so much; he may loose by vsing the money, he may be in hazzard also of the principall; for the lender then to receiue a certaine gaine, where the borrower is a certaine loser were not iust.What say you to these vsurers. Such indifferency must be vsed, as that the borrower be contented, as to be made pertaker of the gaine, that commeth by his money, so also proportionably to beare part of the losse.
The second Testimony, Dr. Smith.
In Willet vpon Levit. p. 625.THis is the full definition of vsury: Quando aliquis accedit vsus rei gratiâ interpositâ pactione: When as any [Page 33] things commeth for the vse of money aboue the principall,vsury defined. by way of contract, or compact: for so it is sayd in the law lo tesimun, non impones, Thou shalt not put vpon him vsury.
That opinion which condemneth all vsury,vsury condemned. 1 By Scripture. is grounded vpon euident testimonies of Scripture, Ps. 15.5. Pro. 28.8. Ezek. 18.13.17. & 22.12. and these places haue somewhat in them more generall, then to be restrained to the poore: as that in Ezek. 22.12. In thee haue they taken gifts to shed blood, in thee haue they taken vsury and encrease, and thou hast greedily gained of thy neighbour by extortion: these kinds of oppression may be committed as well against the rich as poore, though more against these then the other.
Argu. 2 The second Argument against vsury, is from the decrees, of counsels, and testimony of Fathers, which generally forbid all vsury. vide locum.
It is answered to these, and the like testimonies,Obiect. Idem p. 627. that the Fathers speake against cruell and vnconscionable vsury: Quae omnibus seculis plus satis obtinuit, which preuailed too much in euery age.
But surely they condemne all vsury whatsoeuer:Answ. in ps. 36. con. 3. as Augustine sayth, Si plus quam dedisti expectus accipere, faeneratores: if thou exspect to receiue more then thou gauest, thou art an vsurer. And Bernard sayth, quid est vsura? venenum patrimonij: quid est vsura legalis? latro praedicens quid intendit, what is vsury? the poyson of ones patrimony: what is legall vsury? a thiefe foreshewing what he intendeth; inter praecept. familiar.
Argu. 3 The third generall Argument against vsury is, from naturall reason: as Aristotle thus reasoneth against it.
First, from the vnprofitablenesse of it: [...] Polit. 1. c. 9. for he that is rich in money, may oftentimes want necessary food.
[...] ibid.Secondly, from the infinitenesse of the desire of money: all men that are desirous of money, doe encrease it infinitly, whereas euery laudable act, hath a certaine and determinate end.
Thirdly, they peruert the end for the which money was appoynted, which was for commutation, and to be a meane to the end: but they make money it selfe the end.
Fourthly, the manner of the gaine sheweth it to bee vnnaturall: for it is according to nature to reape profit from the fruits of the earth, or from Cattell: but it is against nature to reape gaine from men, from one another: and whenas money begetteth money; whereof vsury hath the name [...], of begetting.
Obiect.To these reasons some answer, That although money be barren of it selfe, yet by money one may purchase grounds which will bring him fruit:Answ. But still the argument is good for originally this encrease commeth out of money by mans industry: and so by two things not apt to bring fruit, gaine is had: by men, and money: and besides this answer serues not, but onely for profitable vsury: but where one taketh vp money to supply his want, and necessity, there ariseth no such fruit.
The third Testimony, Dr. Williams.
The true Church. p. 438.THat you may perceiue and vnderstand, how odious and how detestable this biting theft is, I beseech you to consider. First, how vniust he is, especially in these two things:Vsurers vniust against all laws 1 Of nature: 1 In selling that which he oweth vnto the poore, for the law of nature tels thee, that he which hath, should lend and helpe him which hath not, as we see the floud, finding the emptinesse of a poole, will not passe vntill it fils it;2 Of Moses. Luke 6.35. 3. Of grace. the Law of Moses bids the same thing; and the law of grace confirmes it, saying, Doe good and lend hoping for nothing againe: and yet the couetous man sels that which God commands him to giue: and he lets that for [Page 35] vse which the Lord inioyneth him to lend for loue.
2 In eating that which he neuer laboured for;Gen. 3.19. for the Lord sayd, In the sweat of thy face thou shalt eate thy Bread: but the Vsurer eateth the labour of other men,The vsurer eateth what hee neuer laboured for. and for the vse of his money he vseth to get vineyards which hee planted not, Houses that hee builded not, and many other things that he neuer laboured for.
Secondly, how cruell he is;Hee is most cruell. because he eateth and drinketh that with ioy and laughter, which the poore man hath gotten with griefe and teares.
Thirdly,3 Hee is the worst of all Theeues. how for his theft hee transcends all other kind of Theeues whatsoeuer: for as there is not a more effectuall plague to hurt a man then a familiar enemy: so the Vsurers, being domesticall foes, they doe impouerish and disinherit more men then any other Theeues can doe; because other Theeues steale secretly and in the night time, but the Vsurers follow their trade manifestly, though cunningly, day and night: and therefore, when the Romanes enioyned other Theeues to make double restitution for their theft, they compelled the Vsurers to restore fourefold for their transgression.
Fourthly,The punishment of vsurers. how fearefull is the punishment of such theft; because, as they haue spoiled others, so they shall be spoyled themseues; and their spoyle will bee the greater: because that as the Dog, snatching the Bread out of the Childrens hands,1 In this world snatcheth the hand withall; so Vsurers, seeking the wealth of the poore,Idem p. 439. are thereby become the vtter ruinne of the poore, and therefore their wealth shall be soone taken from them.
2 As they haue punished the poore on Earth more then many others,2 In Hell. so their punishment in Hell shall be greater then most sinners.
And in this there infernall punishment,How the vsurers and their children doe curse one another euerlastingly in hell it is obserued that the vsurers and their children shall perpetually curse each other, the father saying, cursed art thou, O sonne, because that for thy sake I am tormented in this flame; for I [Page 36] became an vsurer, lest I should leaue thee a begger; I gathered wealth, that thou shouldest not be poore, and I was contented to be poore in grace, that thou mightest be rich in goods; and therefore I am now poore in all things, but in torments. And the sonne, on the other side, saying vnto his father, nay, rather cursed art thou, O father, Quia nisi malè congregasses mihi diuitias, non malè congregatas conseruassem; because thou gatherest thy wealth with iniquity, and leftest them vnto me with a curse, which hath consumed them and destroyed my soule.
That Seraphicall Doctor Antoninus, Arch-bishop of Florence, after he had heard the confession of a wretched Vsurer,The forme of an absolution which Antoninus vsed to an vsurer. gaue him no other absolution than, Deus misereatur tui, si vult, et condonet tibi peccata tua, quod non credo: et perducat te in vitam aeternam, quod est impossibile: God be mercifull vnto thee, if he please, and forgiue thee thy sinnes, which I doe not beleeue, and bring thee to eternall life, which is vnpossible: that is, Rebus sic stantibus, if God doth not wonderfully worke a strange conuersion in his heart, and the Lord himselfe threatneth, that he which robbeth or giueth to vsury, and receiueth the increase into his bags, he shall dye the death, and his blood shall be vpon him.
The fourth Testimony, Dr. Sutton.
THere is no sinne, be it neuer so prodigious and foule but his master hath some plea for it,Lectures vpon Rom. 11. p. 296: vsurers excuse their sinnes. p. 476. and some reason to vphold it. Some haue Scripture, as couetousnesse hath 1 Tim. 5.8. Vsury hath, Deut. 23.20. Vnto a stranger thou mayst lend thy money vpon vsury, though not to thy brother.
Many perswade themselues that they haue lawfull callings when they haue none; such as liue by vsury, carding, dicing, playing, these haue neyther the Author, God, nor the end, the common good.
No calling is lawfull,Idem p. 477 when the action pleaseth not God, as 1 Cor. 10.31.Vsurers haue no lawfull calling. By this I hope some will learne at last to giue ouer their calling, whereby they bring not honour, but dishonour vnto God: those that liue vpon vsury, by dicing-Houses, by penning and acting of Playes, let them all remember this, mine heart trembles to thinke, what calling these men haue, my Soule wonders how they glorifie God in them, I maruell how these make for a publicke good: How God is honoured, a kingdome bettered, the common good promoted by them I know not, I beleeue not.
The fifth Testimony Mr. Wilkinson.
LEt those who plead this cause consider,Debt booke p. 61. 62. All vsury forbidden. Vsurers do not as they would be don vnto. that God dispenceth with no vsury, when Nesheh the bitting: and Tarbith, which they call the toothlesse vsury are both condemned. Ezek. 18.8.13. That the lender, for eight or fiue in the hundred, deales not as he would be dealt withall, for he himselfe would neyther giue eight, nor fiue, nor two, if hee could borrow freely; and the rule of loue is, to doe to all men as we would they should do to vs, Mat. 7.12. Let them consider how vsury is cried downe, among other oppressions Neh. 5. & Ps. 15.5. How it is condemned by the Councell of Nice in Clergy men, as a matter of filthy lucre, (if filthy lucre in Ministers, then no righteous dealing in others.Vsury the ruine of thousands.) how it hath beene the vtter ruine of many thousands in our Nation; how in the Church of Rome at this day), all Vsurers are excommunicated monthly; how no man of note in all antiquity Iewes and Manichees excepted) none I say of honesty and learning,No honest learned men defended vsury for fifteene hundred yeeres after Christ. for fifteene hundred yeeres after Christ hath euer vndertaken the defence thereof: wherefore as Ioash sometimes sayd to the men of Hophra, when they stood for Baal against Gideon, Will you contend for Baal? let him plead his owne cause: so say I to the patrons [Page 38] of vsury; will you contend for Mammon? let him plead his owne cause.
The sixt Testimony, Mr. Smith.
VSury is vnlawfull, for:
Vsury is against charity. Sermon vsury.First, It is against the law of charity because charity, biddeth vs to giue euery man his owne, and to equire no more then our owne: but vsury requireth more then her owne, and giues not to other their owne. Charity reioyceth to communicate her goods to other, and vsury reioyceth to gather other mens goods to her selfe.
Against the law of nations.Secondly, it is against the law of nations, for euery nation hath some law against vsury, and some restraint against vsurers.
Against the law of nature, and of God.Thirdly, it is against the law of nature, that is the naturall compassion which should be among men: the rich should distribute and doe good.
Fourthly, it is against the Law of God. Exod. 22. Leu. 25.36.Gaine makes vsury lawfull. Deut. 23.19.
Some thinke that vsury is lawfull, because it is gainefull as Saul thought that the idolaters beasts should not be killed,Note. ☞ because they were fat: But as he was commanded to kill the fat beasts, as well as the leane, so we are commanded to kill fat sins, as well as leane sins: gainefull sins as well as prodigall sinnes.
The 7. Testimony, Mr. Wheatly.
Caueat for the couetous. p. 71. Vsury a notorious iniustice. 3 sorts of borrowers.VSury is a notorious iniustice: when a man makes a gaine of lending, and binds the party borrowing, without consideration of his gaines or losses, to repay the principall with aduantage. For whereas there be three sorts of men that vse to borrow, either poore men, whom necessity driues to it, or vnthrifts, whom prodigality driues to it; or sufficient men, that hope to make a commodity of it: it is apparent by the confession euen of those that would seeme to say somewhat for this vsury, (as if it were not a needy [Page 39] sinne simply that it is wicked to lend on Vse to the poore needy borrower, for God hath stately commanded to lend vnto him freely. And for the vnthrift, it is also certaine that he should not be lent to at all;Vsurers gaine most by vnchrists. for that is to feede his issue with ill humors, and to put a Sword into his hand wherewith to destroy himselfe: and thus the Vsurers most accustomed and greatest gaines are cut of. Now for the third kind of men, of them to exact gaine vnconditionally, not respecting their loosing or getting, is altogether against the Law of Charity, and equity both for the light of nature will not suffer any to deny this principle of Equity, that he which will haue part in wealth, must also haue part in woes; and he that will diuide the sweet, must also diuide the sower: he that will take of the good successe, must also take of the bad. And the light of Religion will not suffer him that hath any of it, to deny this principle of Charity; that Christians must serue one another in loue, and not themselues alone in selfe-loue: both which principles are directly contrary to the very trade of the Vsurer;The Vsurer serues himselfe alone, not also his brother. for he makes sure for himselfe to haue a part onely and infalliably in the profit, and therefore serues himselfe alone, and not also his brother: and for this cause the Vsurer is set among those that cannot come to dwell in the Mountaine of God: which hee should not be, were he not vniust. So then the Vsurer, whether he do it plainely, or vnderhand, as men haue a thousand policies to couer their sinne in this respect, must vndergoe the imputation of liuing by wrong and iniurie.
The eight Testimony Mr. Dod.
IN the same colourable theft is that common sinne of Vsury, which is of euill report, and hurtfull effect amongst men and is forbidden of God in the Law and Prophets. It is euident in Leuit. 25.35.36.The causes of vsury. 1 Want of Gods feare. That the feare of God, and a louing and mercifull regard of [Page 40] our brothers life,2 Loue to our brethren. be the preseruatiues to keepe men from this Vsury: therefore the practise hereof doth grow from the want of the feare of God, and of compassion to our poore brother. Adde hereunto, that vsury is not a calling appointed of God, but a humane inuention, deuised by worldly men to gaine filthy lucre to themselues,Vsury not a calling appointed of God. whereby they liue of the sweat of other mens brows, and doe many times adde affliction to the afflicted, and build vp themselues in the ruines of their poore neyghbours, whom they ought freely to support.
The ninth Testimony, Mr. Bolton.
OVt of the widenes of the consciences of wicked men, proceed much mincing and excusing, many interpretations,Discourse of true happines. p. 55. All vsury condemned. fauourable constructions and distinctions of sinne. As for example, that vsury is of two sorts, biting and toothlesse; when all kind of vsury is pestilent, and most certainly damned in the booke of God.
Ministers may tell the mercilesse vsurer that he is infamously guilty of that sinne,Vsury condemned by the best Diuines. Idem p. 183. of which a conuerted lew, an honest Heathen, a tolerable Turke, would be ashamed and remorsefull: stigmatized by ioynt-consent of charitable hearts, and strongest current of best Diuinity, with a brand of extraordinary hatefulnesse, hard-heartednesse and cruelty:It is a fretting canker. which at this day doth shrewdly shake the strong sinews of this great Kingdome, like a fretting canker, with a plausible inuisible consumption, doth daily waste the states,Note. sucke the blood, and eate the liues of many poore distressed ones in this Land, fils townes and Cities with vnprofitable persons, and the country with miseries and inhumanities. Nay, and let carnall reason, couetous humours, supercilious, obstinate imperiousnesse fret, and contradict, rage, and reclaime as long as they will; to set aside prouocation of Gods plagues, and consideration of piety; euen in the sense of nature, and morall conscience, it casts [Page 41] an aspertion of inexpiable shame and dishonour vpon the ancient glory of this incomparable City.vsurers bee Harpies and vultures. It is very strange that such rauenous Harpies and vsurious Vultures, (for so euen Paganisme stiled them by the light of reason,) should audaciously roust especially on high, in the Eagles nest, this Imperiall groue and Seat of Maiesly.
The tenth Testimony, Mr. Adams.
THe Vsurer is a priuate theefe like Iudas, Adams workes p. 55. The vsurer like to Iudas. and for the bag like Iudas, which he steales from Christ like Iudas, or rather from Christians, that haue more need, and therefore worse then Iudas. This is a man made out of waxe: His Pater noster is a pawne: his Creed, is the condition of this obligation: his Religion is all religation: a binding of others to himselfe: of himselfe to the Deuill,— infinite colours, mitigations,Note. euasions, distinctions are inuented, to countenance on earth, heauen-exploded vsury: God shall then frustrate all, when he powers his wrath on the naked conscience. God sayth, Thou shalt not take vsury. Goe now study paintings, excuses apolegies, dispute the matter with God: hell fire shall decide the question.
If Vsurers will not restore by themselues,Idem p. 120. vsurers shall restore by their posterity they shall by their posterity. For as Pliny writes of the Wolfe, that it brings forth blind Whelpes: so the vsurer lightly begets blind children, that cannot see to keepe what their fathers left. But when the father is gone to hell for gathering, the sonne often followes for scattering. But God is iust. A good man leaueth his inheritance to his childrens children: and the wealth of the sinner is laid vp for the iust.
An vsurer is knowne by his very lookes often,Idem p. 454. The vsurer knowne by his lookes. by his speeches commonly, by his actions euer: he hath a leane cheeke, a meager body, as if he were fed at the Diuels [Page 42] allowance: his eyes are almost sunke to the backside of his head with admiration of money. His eares are set to tell the clocke; his whole carcasse a meere Anatomy. Some Vsurers haue fatter carcasses, and can find in their hearts to lard their flesh: but a common meagernesse is vpon all their consciences. Foenus pecuniae, funus animae.
Nature hath set a pitch or terme in all inferiour things, when they shall cease to increase. Old Cattell breed no longer: doted trees deny fruit; the tired earth becomes barren; onely the Vsurers money, the longer it breeds the lustier;Note. and a hundred pounds put out twenty yeares since, is a grandmother of two or three hundred children; pretty striplings, able to beget their mother againe in a short time.
Idem p. 455.The Vsurer shrinkes vp his guts with a staruing dyet, as with knot-grasse: and puts his stomacke into his purse. He sels time to his customers, his food to his cofers, his body to languishment, his soule to Satan.
The eleuenth Testimony, Mr. Perkins.
VSury is a gaine exacted by couenant, aboue the principall,vpon Com. 8. vsury defined. onely in lieu, and recompence of the lending of it.
vsury being considered as it is thus described, is quite contrary to Gods Word, and may very fitly be tearmed byting lucre. Exod. 22, 14.15. Ezek. 18.8. 2. Cor. 8.13.
The twelfth Testimony Mr. Fenton.
LEt euery one who desireth to resolue his conscience for this matter by Scripture (the onely true ground of a Christian resolution I t him consider, I say,Treatise of vsury p. 48. how neyther vsury nor interest,Vsury condemned in Gods Booke. biting vsury nor increase is euer once named in the Booke of God, but it is condemned; condemned amongst such abominations as bring a curse in stead of a blessing: an eternall curse vpon the Soule of the Vsurer, and a temporall curse vpon his wealth and posterity.
Let some of these tender consciences,Is it not a shame for mē to deny kneeling at the Communion, and to be profest Vsurers. who are so vrgent to call for warrant out of the booke of God, for euery ceremony and matter of forme in the Church, seeke a warrant for this their practice, which so neerely concerneth them; and let them seeke it at the Oracle of God who hath not left it, as he hath many other things, eyther to the discretion of the Church, or wisdome of common-wealths, but hath vouchsafed to determine it in his owne booke to our hands: to set downe an expresse Law against it in Exodus: to renew and reuiue that Law againe and againe in Leuit. And Duter: to ratifie and confirme it with no other words then himselfe vsed at the publishing of the whole Morrall Law; to specifie the onely limitation which he meant to tolerate for a time; to adde the promise of blessing to the keepers of this Law: and to denuonce such fearefull iudgements against the transgressors of the same: vpon their wealth and posterity in this world, vpon their owne soules in the world to come.
The Vsurer hath great gaine and certaine:Idem p. 101. Vsurers haue certaine gaine out of losse, &c. sometimes out of little gaine: sometimes out of no gaine: sometimes out of losse; alwayes out of vncertainties; alwayes [Page 44] out of labour and paines, out of care and cost, out of hazard and perill to the borrower. Commeth all this on Gods Name?
Idem p 142, No writer defended vsury for fifteene hundred yeeres after Christ, Note.There was neuer any Church or Churchman, carrying the name of a Christian, who hath defended in writing any branch of vsury, for the space of fifteene hundred yeares after Christ. Neyther was this for want of occasion giuen; for it hath beene both practised and written against in all ages. Neyther can we with modestie impute it to the ignorance of the Church: for as shee is acknowledged to be most Eagle-sighted in the time of her purity; so when she was ouershadowed with superstition, her writers in cases of conscience, for matters of morality were most exact: as by their schoole Diuinity is euident to be seene. Yet where shall we find any one, for so many ages of the Church, who could euer deuise a distinction to saue an vsurers soule.
Mr. Fentons Treatise of vsury ii able, to satisfie those that be not desperately minded.He that desires to be fully satisfied concerning the vnlawfulnesse of vsury, by Scriptures, Fathers, the latter times of ignorance: by the testimonies of the Church assembled in Councels, by the testimony of Diuines in reformed Churches, by the testimonies of Philosophers, Historians, by the three Lawes, 1 Canon, 2 Ciuill, 3 Common: by strong and conuincing arguments: finally, he that desires to haue those motiues answered, which perswade some to the lawfulnesse of vsury, let him read with diligence the learned Treatise of vsury, written by Mr. Fenton, read his Treatise with a single eye, iudge of what thou readest without affection: and conforme thy affection to right iudgement.
The thirteenth Testimony Mr. Rogers, of Weathersfield.
THese being the most vsuall kinds of contracts, do shew the nature of the rest,7 Treatises vpon 8 Commandement. vsury vnlawfull which are in vse among men, and doe leaue no place to that oppression in the world, [Page 45] called vsury, or any other such seeking of mens priuate profit in their dealings, without regard of the common benefit of both: that is, when both parties are not prouided for, to their contentation and satisfying according to equity, and to the meaning and prouision made by God in that behalfe: which is, that the one without the other should not be benifited or inriched; but the one to haue care and consideration of the other,Regard had of both parties is no vsury. and the Common-wealth of both (as I haue sayd) respected which if it were regarded betwixt both parties, could in no wise be iustly complayned of: neyther is such dealing of the nature and kind of vsury, whether it be in hiring and letting, or in any other kind of contract whatsoeuer; but that common dealing for 10 in the hundred, or 9, or 8, or any such like, which is without due consideration of the Common-wealth, and vpholding of both, is vtterly to be condemned.
Which if it be well and duely considered, will soone answere all conscionable men,No vse of vsury in Church or Common-wealth. about the question of vsury and oppression, that there can be no vse of them in the Church of God, nor the Christian Common-wealth: the Law-maker hauing sayd of both, as of witchcraft and Idolatry, there shall be none such in Israel, that is, among Gods people. And as for teaching others their duty, (especially in money matters) who haue not giuen themselues in full resolution to be guided by Gods Word,Why Preachers prauaile not with vsurers. Preachers may sooner weare their tongues to the stumpes, then they may preuaile with them.
If thou desirest the iudgement of other diuines, besides these before mentioned; read, Mr. Bayne, his directions to a godly life, p. 172. Mr. Philips, vpon Math. 4. p. 198. Mr. Dyke, vpon Repentance, p. 143, 144. Dr. Sclater, vpon the 2 Thes. p. 277. Mr. Robrough, Balme from Gilead, p. 35, 176, 225, 285, 320, 325. 432. Dr. Preston, Remedy against couetousnesse, p. 33. Mr. Wilson, Theologicall rules for the vnderstanding of holy Scriptures, p. 70. [Page 46] and in his misticall cases and secrets of Diuinity, p. 180. Mr. Brinsley, in the third rule and watch of life, p. 97. Mr. Rogers of Dedham, Treatise of loue, p. 235, 236. Dr. Web, on Agurs prayer, p. 323. 147. read also the 3d. part of the Homily, against the perill of Idolatry, p. 70. where vsury is ranked with grosse sins, and condemned for vniust gaine. Read the 2d. part of the Sermon or Homily for Rogation weeke, p. 225. where vsurers are said to haue their goods of the diuell, to be worshipers of the diuell, to kneele downe to the diuell at his bidding. See also Mr. Scudder vpon the Lords Prayer, p, 276,
Mr. Fenton, of vsury. p. 2. Vsurers not easily perswaded to leaue their sinne.It is now time to draw to the conclusion; it hath beene obserued by wise men, that vsurers will not easily be perswaded to forsake their sinne; their gaine of Vsury is a sweet gaine, without labour, without cost, without perill; let it be granted that they will not forsake this so pleasant, and so profitable a sin; yet by these Testimonys, they may be conuinced in their iudgements, of the vnlawfulnesse of vsury; and so they shall be made without excuse at the last day, when Christ shall come in flaming fire with his mighty Angels to render vengeance to all disobedient persons.
As for you that make a trade of vsury if you shall thinke your iudgements to be of such waight,Idem p. 77. The iudgement of these reuerend Diuines should make the vsurers to question their trade. that all these together be not able to cast the scale against you, yet I hope they will so much moue you, as to bring the ballance to a suspence, that you will thinke vsury very questionable at the least; and if it be questionable, then it is vnlawfull to be done. But if all these reuerend Bishops and learned Diuines, will not so moue your vnderstanding, to make it questionable; then I will say no more, and I can say no lesse, but that you Vsurers thinke that you know somewhat.1 Cor. 8.2. And then S. Paul maketh vp the rest, that you know nothing as yee ought to know it.
To him who knoweth vsury to be a sinne, it is a sinne, because he knoweth it. To him that doubteth, it is likewise [Page 47] a sinne, because he doubteth. And to the rest it is a sinne of ignorance, but of affected ignorance: whose eyes are blinded eyther with pride, because they would be singular, or with lucre and gaine,Vsury a sinne of affected ignorance. because they would not disturbe their consciences by examining or discouering that sinne wherein they haue so sweetly slept, and doe still repose themselues. But such ignorance doth neyther excuse nor extenuate the fault, but rather agrauate the same, because it is wilfull.
CHAP. 5. Similitudes to which vsurers, and vsurie are resembled.
VSury is a thriuing occupation.Vsury like the Persian tree. Adams workes p. 503. Vsury is like that Persian tree, that at the same time buds, blossomes, and beares fruit. The moneys of interest are euermore some ripe for the Trunke, others drawing to maturity, the rest in the flowre approaching, all in the bud of hope. But the vsurer is mad; for his sinne at once buds,Vsurers mad. blossomes, and brings forth the fruit of vengeance. Euery Bond he takes of others, enters him into a new obligation to Satan: as he hopes his debtors will keepe day with him, the diuell expects no lesse of himselfe. Euery forfeit he takes scores vp a new debt to Lucifer; and euery morgag'd land he seizeth on, enlargeth his dominion in hell.
Money lent vpon vsury to a poore man to supply his need,Vsury like new cloth vpon an old garment. Bb. Downam Ps. 15. p. 206. may not vnfitly be compared to a peece of new cloth sowed vpon an old garment; for that, although it couer the rent for a time, and seemeth to haue mended the garment, yet after a while, the new cloth fretteth the old, and bringeth away a part of it, and so maketh the rent much worse.
Though the vsurers sometimes doe vaunt, how kindly they deale with their debtors,Idem p. 254. Note. in forbearing them from [Page 48] yeere to yeere: yet the truth is, the longer they forbeare, the greater is their gaine, and though they deferre the borrowers misery,The Vsurer compared to the greedy Cat. yet in deferring it, they do increase it: and therefore by some are not vnfitly compared to the greedy Cat, which though for a while she plaieth with the silly Mouse, yet in the end she will bee sure to deuoure it.
The Vsurers money is like the biting of the Aspe,Vsurers money like the biting of the Aspe. for euen as he which is bitten of the Aspe, goeth to sleepe, as if he were delighted, and through the pleasantnesse of his sleepe dieth; so he which borroweth vpon vsury is delighted for a time as one that had receiued a good turne; and so through the pleasure of the imagined benefit hee doth not perceiue how he is taken captiue. For euen as the poyson of the Aspe,Vsury disperceth it selfe through all the borrowers goods. It is like leauen. Apud Chrisost. 3. Homil 12. in fine. Bb. Downam Ps 15. p. 258. Vsurers drones Vsura est quaes: tuosa segniti: es. Vsury is gainefull idlenesse. secrety conueying it selfe into all the members, corrupteth the whole body: so vsury dispersing it selfe through all the borrowers goods, conuerteth them into debt. And euen as leauen which is put into meale, infecteth the whole lumpe, and drawing it to it selfe, turneth it into the nature of leauen: so when vsury entreth into any mans House, it draweth all his substance vnto it, and turneth it into debt.
The Philosopher matcheth the Vsurer with the baud: and to the same purpose obserue the coherence, Deuter. 23.18.19. It is a wonder therefore, that in the hiue as it were of the Common-wealth, such drones are suffered, which liue of the sweat, yea blood of other men: who out of other mens labour attaine ease, out of other mens hazard gaine security, out of other mens losse reape gaine.
Similes.
LVther sayth, an Vsurer is a blood-sucker of the people:In decalog. and as a Worme in an Apple or Nut consumeth all that is within: so an Vsurer deuoureth the substance of the City by wonderfull and secrete meanes.
The Vsurer,Mr. Wilkinson Debt booke p. 99. whose trafficke and trade it is to make men miserable, and to raise his gaine out of other mens aduersity, hee is saith Chrysostome, Quasi manum suscipiens et in naufragium impelleus. As a man taking one by the hand to pull out of the water, but kicking him backe againe to the Shipwracke of his substance, and of himselfe, which is a rude and a barbarous part in any, to hurt infallibly,The Vsurer hurts those whom hee pretends to helpe. whom hee pretends to helpe. This is one of the bitter Potions which the world reacheth forth to ouer purchasers, and ouer-traders, which they are forced to drinke to the very dregges, when they cannot bee content to walke within their compasse.Note. As a man cannot touch Pitch but bee defiled therewith: so hee cannot deale with vsury without detriment, ipso facto, the first moment.
When the Vsurer saith that he lendeth for compassion,Mr. Smith. 1 Sermon vpon vsury. The Vsurer like the luye. he meaneth for compassion of himselfe, that hee may gaine by his pitty. The Vsurer loueth the borrower, as the Iuye loueth the Oke; the luye loueth the Oke to grow by it, so the Vsurer loueth the borrower, to grow rich by him. The Iuye claspeth to the Oke like a louer, but it claspeth out all the iuyce and sap, that the Oke cannot thriue after: So the vsurer lendeth like a friend, but he couenanteth like an enemy, for he claspeth the borrower with such bands, that euer after he diminisheth, as fast as the vsurer encreaseth.
The Vsurer is like a Butlers box:The Vsurer like a Butlers. box. for as all the counters at last come to the Butler: so all the money at last commeth to the vsurer, ten after ten, and ten after ten, and ten to ten, till at last he receiue not onely ten for an hundred, but an hundred for ten. This is the only difference,Idem. that the Butler can receiue no more then he deliuereth: but the Vsurer receiueth more then he deliuereth.
He is like a Moath;Like a Moath. euen as a Moath eateth a hole in Cloth, so Vsury eateth a hole in siluer.
Adams works p. 1058. Vsury a sharpe thorne. Note.The gentlest vsury is a most sharpe thorne, and pricks the sides of the Country till the blood followes. An Vsurer with his money, is like a man that hath no worke of his owne, yet keepes a seruant to let out: and takes not onely hire of others for his daily labour, but chardgeth him to steale somewhat besides, and neuer to returne home empty.
An vsurer worse then all sinners. Worse then a Theefe. Then Hell.An Vsurer is worse then all sinners, he is worse then a Theefe: a Theefe robbeth but in the night, but the Vsurer robbeth day and night.
He is worse then Hell; for in Hell onely the wicked shall be punished: but the Vsurer punisheth; and spoileth both good and bad and spareth neyther holy nor vnholy.
He is worse then a Iew, Then a Iew. for one Iew will not take vsury of another: but the Vsurer will take vsury of his Christian brethren.
He is worse then death,Then death. for death killeth but the body, but the Vsurer killeth body and Soule.
He is worse then Iudas, Worse then Iudas. for Iudas sold Christ but once for thirty pence, but they sell Christ continually, as often as they take vsury: Iudas restored the money againe, but the Vsurers neuer restore the money againe,Norrbbooke poore mans gardan f 270. Idem p. 2706. An Vsurer like a Pigge. that they vniustly haue taken.
The Vsurer is like a Pigge, for while he liueth, he is good and profitable for nothing, for he will be euer rooting vp the Earth, running through, and tearing of hedges: eating and deuouring vp good Corne, Beanes and Peason, so likewise doth the wicked swinish Vsurer whilst hee liueth: but when the Pigge is dead, then there commeth profit by him to many: so the Vsurer, when death taketh him, then the poore may haue some profit.
Vsurers like the Worme in timber. Powels posits of vsury p 48.The Worme Teredo is soft to touch, but it hath such hard teeth, as it deuoureth and consumeth the hard timber: So the Vsurer is a soft beast at the first to handle, but in continuance of time, the hardnesse of his teeth [Page 51] will eat a man vp, flesh and bone, if he haue not an especiall regard to shune him.
The Vsurer is like the Beuer, The Vsurer is like the Beuer. which biteth so sore, as that he neuer looseth his teeth, vntill he haue broken the bones. It may be truly sayd of these,Note. desolation and destruction is in their path: wheresoeuer they set foot, they make hauocke of all.
The Prophet Ezekiel doth hedge in this sinne betweene Bribery and Extortion. And in another place we shall finde,Ezek. 22.12. Exod. 22 25. that it and oppression is made both one: thus by Gods owne testimony these are oppressors.The Vsurer compared to the neather milstone. How he spends his time. Note. Not vnaptly may we compare the vsurer to the neather milstone, which is slow and sturres not; he sits at home, and spends his time in a deuillish Arithmeticke, in numeration of houres, dayes, and moneys, in Substraction from other mens estates, and multiplication of his owne, vntill he haue made diuision betweene his soule and Heauen, and diuided the earth to himselfe, and himselfe to hell. His Broker we may compare to the vpper milstone (without which the neather milstone may seeme vnprofitable) that is quicke & stirring, & runs round: the poore (like Corne) who betweene both these is grinded into powder.Vsurers suffered for our sinnes. Surely it is for our sinnes that God suffers vsurers amongst vs: it may be he suffers these a while; as he did the Canaanites in Israel, lest the wild beasts should breake in vpon them; lest pride and a full estate should spill mens soules. Yet we may safely say of these, as Iosua did of those, they are prickes in our sides, and Thornes in our eyes. Now the mercy of God rid vs of them: let them bring what excuses, apologies, mitigations, euasions, or distinctions they, possibly can inuent: let them reply, vsury is no sinne, many learned men are of this opinion: yet what are they the better if,Mr. Rogers Strange vinecard p. 312. 313. God himselfe be not of the same mind those learned men are of? and let them tel me if their consciences can be so satisfied. Would not the greatest Vsurer willingly giue an hundred pound bag to be secured in this point? It is not safe wading farre in a questionable water.
Mr. Perkins. vol. 3. p. 220.The Vsurer may pretend he pleasures the poore, but his helpe is no better then his is, that giues a draught of cold water to him, that is in a burning feauer, which seemes pleasant at the first, but after turnes to his great annoyance.
Bb. Iewell. vpon Thess. p. 116. Idem p. 117.Vsury in the middest of a Citty worketh such good, as fire doth, when it is set to the roofe of a House: or as the Plague doth when it is taken to the midest of the body and toucheth the heart.
An Vsurer worse then a Theefe.An Vsurer is much worse then a Theefe. For a Theefe is driuen by extremity and neede: The Vsurer is rich and hath no neede. The Theefe stealeth in corners, and in places where he may be vnknowne: the Vsurer openly and boldly, at all times, and in any place. The Theefe, to releeve his Wife and Children: the Vsurer to spoyle his neighbour,The Vsurer a Theefe at all times. and to vndoe his Wife and Children. The Theefe stealeth from the rich, which haue enough: the Vsurer from the poore that hath nothing. The Theefe sleeth, and will be seene no more: the Vsurer standeth by it, continueth, & stealeth still: day and night, sleeping and waking,Note. he alwayes stealeth. The theef repenteth of his deed, he knoweth he hath done wrong and is sorry for it: the Vsurer, thinketh it is his owne, that is well gotten, and neuer repenteth,See Dr. Wilson. vpon Vsury p 95. but defendeth, and maintaineth his sinne impudently. The Theefe, if he escape, many times becommeth profitable to his countrey, and bestoweth himselfe painefully in some trade of life: the Vsurer leaueth his merchandise, forsaketh his husbandry, giueth himselfe to nothing, whereby his countrey may haue benefite. The Theefe is satisfied at length:The Vsurer neuer satisfied. the Vsurer hath neuer enough, the belly of the wicked will neuer be filled: as the Sea is neuer filled with water, though all the streames of the world runne into it: So the greedinesse of an Vsurer is neuer satisfied, though he gaine neuer so vnreasonably. The Sea is profitable: the Vsurer is hurtfull and dangerous. By the Sea we may passe and come safely to the Hauen: [Page 53] but no man passeth by vsury without losse or Shipwracke.
Vsurers are in worse case, then common strumpets,Vsurers in worse case then harlots. Dr. Wilson, of vsury, p. 138 or harlots be; for a drab is not bound to make restitution of that she hath gotten vnlawfully, by abusing her body in filthynesse, but onely to doe penance: and yet an vsurer must restore his euill gotten goods, because he hath stolne them, or else, he cannot be receiued into the Church againe.
Tully, in his first booke of Offices, compareth vsurers to vile artificers, that get their wealth by lying deadly,Idem p. 147. and vttering falsehood to saue themselues from famine. And with the vsurers, he reckoneth tole-takers, customers, and such money Officers, that pille and polle both Prince and people. Aristotle sayth, that vsurers and bauds may well goe together, for they gaine by filthy meanes all that they get.
CHAP. 6. An answer to all such Arguments as perswade some to the lawfulnesse of vsury.
1 Argument,
Thou oughtest therefore to haue put my money to the Exchangers, and then at my comming I should haue receiued mine owne with vsury.
1 Answer. Dr. Sclater vpon 1 Thes. 5 p. 392. 393.
IS it not a worthy argument for vsurious contracts: drawne from the parable? worldlings looke for their owne with vsury; so the Lord for aduantage of his glory, by his gifts. Approues he their practise? or rather vpbrayds our negligence, by comparison drawne from mens courses in euill? They were best say, they may imbeazle their masters goods, because Christ, [Page 54] by that worldlings wisedome, would teach vs prouidence for our soules: or because he resembles his comming to a Thiefe in the poynt of suddennesse, thence inferre the lawfulnesse of theeuery. Comparisons are borrowed from things sinfull,Comparisons why borrowed from things sinfull. and vnlawfull, to teach truth, and admonish of duety: the vse of them is, not to iustifie their euill, but to remember vs of duety, or to explaine his truth.
2 Answer.
Similitudes and Parables vsed in Scripture doe not hold in euery thing but wherein they are compared.Dr. Smith, in Wilet vpon Leuit. p. 627. 1 Thes. 5.2. Reuel. 5.5. 1 Pet. 5.8. As Christ, for his sudden comming, is likened to a thiefe in the night, yet hereby is not theft iustified: and as Christ is resembled to a Lyon for strength and courage, so the diuell for cruelty; and so here, the spirituall increase of Gods gifts is likened to vsury, for the thing, that is, the encreasing, not to iustifie the manner. 2. And further, here the word vsury, Metaphoricè accipitur pro super excrescentia bonorum spiritualium: is metaphorically taken for the encrease of spirituall graces, Aquin. And so spiritually, the Lord receiueth vsury from vs in the encrease of his gifts,in Psal. 36. Con. 3. Commendable vsury. and we vsury from him, as Augustine sayth, Si vis foenerare, foenera deo, foenerator minus vult dare, et plus accipere: hoc fac et tu, da modica, accipe magna, da temporalia, accipe aeterna, if thou wilt be an vsurer, put out to vsury to God: an vsurer will giue lesse, and take more, doe thou so, giue small things, and take great, giue temporall things, and receiue eternall.
If these answers will not giue thee satisfaction, as what will satisfie a resolued vsurer, whom the god of this world hath blinded? then consult with other Diuines of sound learning and sincere iudgment, as: with M. Fentons Treatise vpon vsury, p. 14. p. 137. M. Dyke, of the deceitfulnesse of mans heart, p. 209. Bb, Downam, vpon Ps. 15. p. 285. Bb, Iewel, vpon 1 Thes. p. 140.
2 Argument, for the lawfulnesse of vsury.
Answer.
1. THat royall rule, Doe as thou wouldst be done by,Mr. Boltons directions for a comfortable walking with God. p. 208. 209. Fenton of vsury. p. 137, 138. Dr. Pye, of vsury, p. 9. Bb. Downam Ps. 15. p. 233. 234. Powels positions of vsury p. 90. must be vnderstood and expounded, according to to the grounds of a good conscience, dictates of right reason, and directions of a iust and rectified will: not out of the mists and miseries of a depraued and exorbitant iudgment. Otherwise Abimelech, Saul, and other of that desperate ranke and resolution, might conclude, that it were lawfull for them to kill other men, because they were willing to be killed themselues, See Iudg, 9.54. 1 Sam. 31.4. for they might say, they did but as as they would be done by. It would also follow very absurdly: the Magistrate being in the malefactors case would gladly be pardoned, therfore he must pardon the malefactor: some sonne of Belial would be content villanously to prostitute his wife whom he cares not for himselfe, to others; therefore he may abuse another mans wife whom he loues better: these, and the like abominable and absurd consequents, demonstrate the vanity of the vsurers inference, and that Christs rule is not so generall, but restraineable to that will, which is orderly,Note. and honestly guided by the light of nature, and Gods Law.
2. We must then haue recourse to this generall fountaine of the second table,Dr. Taylors Circumspect walking, p. 163. 164. and fetch light and direction thence: when we haue no expresse and speciall word in Gods Booke; but the Scriptures haue clearely and directly determined and resolued the poynt of vsury.
3 If the vsurer were in the borrowers case, he would not willingly, as he pretends, giue ten in the hundred. I meane with an absolute and free will, but of force and constraint, because without paying after that rate,Note. he could not [Page 56] haue it. If a man would borrow vpon Vsury, to buy land, ingrosse, forestall, or compasse some vnlawfull matter; that were a corrupt will, and no rule: but if his desire so to borrow were iust and lawfull, as in some cases it may be, then it is no intire will, but mixed and forced by some necessity, for the auoyding of a greater euill: and therefore denyed in the eye both of law and reason, to be any will at all.Note: He that would borrow, should haue need to borrow, for a needlesse desire is vnlawfull, and an ingenious man who hath need to borrow, would not willingly borrow but for need, much lesse would he pay vsury. Therefore the will of the borrower, in this case, is eyther corrupt, or no will at all, and so consequently without the compasse of Christs rule.
The will of the borrower in this case, is like the will of an honest traueller,Simile. in giuing his pur e to an arrand thiefe: for the feare he should loose both purse and life. Is such a man willing, thinke you to loose his money? or like the will of a man, whose house being on fire, pluckes downe part thereof to saue the rest: willingly indeed as the case stands with him,Simile. yet not simply, but vpon necessity. So the borrowers will is not free, but forced, and so a will against a will.
3 Argument.
1 Answer.
Dr. Taylers Progresse of Saints p. 96.This Doctrine brought to his tryall will not hold, seeing it is such a consumer of mens estates, and so vncharitable, as the Lord would not admit of it in Israel, but among his enemies whom he would haue quite consumed. Besides, men deceiue themselues in their distinction: for [Page 57] God in the case of vsury distinguisheth not betweene the rich and poore of Israel, but betweene the Israelites, and the Canaanites, betweene strangers and brethren. The poore indeed are mentioned,The poore why mentioned in the prohibition of vsury. but onely thus: 1. Because they haue most neede to borrow 2. Because they are most liable to wrong and oppression. 3. The Commandement of loane is made especially for their good. 4. Vsury on them is a more grieuous sin and crying, Exod. 22.21.
Ob. But if it were vnlawfull, God would forbid it to the stranger. Sol. 1. The Morrall Law forbids it to all. 2. It is by God dispensed with, by a iudiciall, for the hardnesse of the hearts of the Iewes, for the vniustice of the Gentiles, who exacted it on the Iewes, and for the ouerthrow of the Canaanits. The word is Deut. 23.20. Not Lemicro but Lamicro, Extraneo huic, that is, to this stranger, meaning the Canaanite. 3.See Fenton. of vsury p. 46. It is no more lawfull then Poligamy or a Bill of diuorce, which was against the Institutor. 4. When the Canaanites were destroyed, all vsury was afterward absolutely forbidden; Ps. 15. And Pro. 28.8. Hier on Leu. 18. In the Law Vsury is forbidden onely to brethren, but in the Prophets to all absolutely: and in the Gospell much, more, because all are now brethren.
2 Answer.
If any learned men do allow that vsury, which is properly so called, and practised in the world,Bb. Downam on Ps. 15. p. 310. I oppose to them the iudgements of many more worthy and learned men in this Age, the testimonies of all the learned in former ages, both Christians and heathen, the censures of Councels, the authority of the Word of GOD.
3 Answer.
If those Diuines that speake or write for vsury properly so called, be Vsurers themselues;Dr. Sclater: vpon Romane p 122. may not this sinne winde it selfe into their affections, and thence creepe into [Page 58] their iudgements, and vnderstandings, till it haue eaten out all soundnes of iudging and discerning betwixt good and euill? Doth not adultery creepe from the body to the affections bewitching them? Doth it not blind the iudgement: to thinke and censure it but a tricke of youth? Drunkennesse what an inward thirst of the desire workes it? And how easily inclines it to iudge it no worse then good-fellowship, yea so good as a poynt of manhood.
This aduantage hath the diuell gotten against vs in the practise of this sinne,Dr. Fenton of vsury p. 3. Vsury why a bewitching sinne. that vsury being a trade so gainefull in respect of others, so easie, so cheape, so secure without all labour, cost, or perill, being also so common, behouefull, and requisit in these times for all occasions; it hath bewitched euen the consciences of those who are most tender in other matters. For if the heart and affection be once won and possessed, it is an easie matter euen by slight proofes to turne the braine. Quod nimis miseri volunt, hoc facilè credunt, Seneca. strong affection giueth great credit to weake arguments: whereas indeed it ought to be contrariwise; that our naturall pronenesse, and the generall inclination of the world to this practise of vsury, should moue a well tempered iudgement the rather to suspect the lawfulnesse of it, and the soundnesse of such reasons, as are brought for it. Perit omne iudicium, cum res transit ad affectum. Men looking by affection looke through a mist or a painted glasse; to whom nothing appeareth in his natiue colour and due proportion.
3 Answer.
Powels posit. of vsury, p. 52, 53.Neuer any Diuine, that euer I could see or heare of, euer allowed vsury, but with such caueats and lessons, as alter the quality of vsury, and make it indeed no vsury at all.
Caluin in Ezek. 18. Wilet vpon Exod. p. 511.1 All Diuines condemne it, as when men make a trade of it. Quisquis ex professo foeneratur, ille omnino debet ab hominum consortio reijci. Thus also Dr. Willet, he that lendeth his money vpon vsury (sayth he) must not be such a one as maketh it his trade to liue by letting of money. And of all [Page 59] other trades to be a professed vsurer is most odious.
2 They absolutely condemne vsury of vsury.Iun. in Leuit Vsura vsurarum, iudicio bonorum omnium etiam apud infideles damnata semper et infamis fuit. Yet this in it selfe is no more vnlawfull then vsury.
- 1 Ne exigatur ab egente: See Fenton of vsury p. 62. 63. Amesins de conscientia. cap. 44. quae. 4, Perkins Condit. Commandement, 8: Tantundem aut plus, Caluin. Bb. Downam in Ps. 15. p 274 275.it must not be taken of the needy, or such as be vrged to borrow vpon necessity.
- 2 The vsurer must not be so addicted to gaine, but that he must be still ready furnished, and willing to furnish his poore neyghbour in his need, freely.
- 3 The rule of Christ must euer be his touchstone, to deale no otherwise then he would be dealt, with in the like case.
- 4 The borrowers gaine must be so much more at the least as the vsurers interest comes vnto.
- 5 That not onely a respect be had to the borrower but to the good of the Common-wealth also, that, that receiue no preiudice:
- 6 That the vsurer neuer exceed the stint set downe in the Country, or Common-wealth where he liues.
And because Zanchie, who is held another great patron of vsurers, doth vndertake to set downe the true meaning of Caluin, Bucer, and others in fauour of vsury, let vs heare what vsury that is, which they meant.
Lictat pacisci de lucro, sed adhibitâ semper conditione vel expressâ vel tacitâ, at (que) in mente pij creditoris confirmata: nempe, vt si certò compereris, cui tuam dedisti pecuniam, cum vel parum, vel nihil lucri fecisse, id (que) non suâ culpa aut negligentiâ, sed propter res aduersus, et quia dominus noluit eius laboribus benedicere: tu quo (que) vel nihil, vel minus quàm erat in pactis accipias. Imo hoc animo esse debes, ô creditor, vt si debitor, non solum non fecit lucrum, sed etiam accepit damnum, [Page 60] tu quoque damni aliquid cum illo patiaris: hoc enim postulat aequitas et charitas.
The Vsury that Zanchie allowes,It is lawfull to couenant for lucre, but vnder a condition either expressed in the couenant, or kept in mind, that if it appeare the borrower shall gaine little or nothing, (if without his owne default he proues a looser:) thy vsury shall be little or nothing: and further if he lose of the principall, thou must beare part of the losse. For equity and charity require this. This is the vsury which Zanchie defendeth, and this (sayth he) was the meaning of Bucer and the rest.Zanchie in Epist. ad Eph. 4. quaest. 4 p. 173. Yet this is nothing but meere partnership. If the lender take part of losse as well as of gaine, it is no vsury.
4 Argument for vsury.
Answer.
Mr. Dyke, deceitfulnesse of the heart, p 205.THus the common vsurer deceiueth himselfe; why the Law allowes eight in the hundred: yea, but the law onely stints, and limits it to eight in the hundred, and so farre giues way to it for the preuenting of a greater mischiefe. And this will not be enough to excuse the vsurer in the Court of Conscience: thus the Iewes deceiued themselues in the matter of their Poligamy, in hauing many wiues; and in their diuorces for euery trifle;Math. 19.8. they thought Moses Law had allowed them in these sinnes: whereas our Sauiour sheweth, Moses onely gaue a toleration for the hardnes of their hearts.
Bb. Downam in Ps. 15. p. 265The permitting of vsury, argues that vsury in it selfe is euill, and the rule of conscience must be fetched, not from the ciuill lawes of men, but from the Word of God.
Mr. Smith.The vsurer herein is like the Iewes, who sayd, We haue a [Page 61] Law, and by our Law he ought to die, Iohn. 19.7. when they could not say, by Gods Law, he ought to die: they sayd by our Law he ought to die: so when the Vsurer cannot say, by Gods Law I may take vsury; he sayth, by mans Law I may take vsury: this is the poorest defence of all the rest: for if Gods Law forbid thee, can any Law of man excuse thee?
In that act of Parliament wherein vsury was stinted at eight in the hundred, and at the latter end of that act,Anno Vicesimo primo Iacobi. regis. it is prouided: that no words in that Law contained, should be construed, or expounded, to allow the practise of vsury, in point of Religion or conscience.
5 Argument for vsury.
Answer.
I Deny this consequence:Dr. Pie. Vsurers Spright coniured p. 81 82, 83. Note. Many grosse sinnes not forbidden by name in the new Testament. there is no speciall mention of the forbidding of it by name in the new Testament: Ergo it is lawfull. For there are many breaches of the Morrall Law, yea many grosse sinnes, which are not expressely mentioned, and forbidden by name in the new Testament: as namely profaning of the Sabbath day: all the degrees of incest saue one; remouing the neighbours marke: taking for pledge, or vpon execution a poore mans onely weed; remouing of Landmarks, Polygamy; ielousie, &c.
2 An argument drawne from the testimony of some one part of the Scripture negatiuely, doth not hold, it is sufficient that it is forbidden in the old Testament, and namely in the Mortall Law of God, which is common and perpetuall; and farre bee it from vs to thinke that Christ in his Gospell alloweth any sin which is fordidden in the Morall Law.
3 Neyther is the taking of vsury of a poore man, that is in neuer so great distresse, forbidden by name in the new Testament, and therefore by this argument it should be also lawfull.
4 By consequence vsury is sufficiently forbidden in the new Testament, as sometimes vnder the contrary affirmatiue: for where free lending is commanded, as Mat. 5.42.Bb. Downam Ps. 15 p. 282. 283. Not free lending (that is vsury) is condemned: sometimes vnder the generall, as Eph. 4.28 1 Thess. 4.6. Sometimes abstinence from vsury is commanded vnder the arguments of the greater and lesse, as Luke. 6.35. Sometimes by an argument drawne from the lesse, euen sinners, sayth our Sauiour, are willing and ready to lend one to another without vsury, how much more doth it become you that are Christians; to lend one to another without vsury?
6 Argument for Vsury.
Answer.
Bb. Downam Ps. 15. p. 284.I greatly doubt of this assertion, that vsury was in the time of Christ and his Apostles commonly practised among the Romanes: seeing Tiberius in the latter part of his reigne had vsed effectuall meanes for the abolishing of vsury, as Alexander ab Alexandro reporteth: but much more in respect of the Iewes, among whom the practice of vsury was forbidden by the Law of God, and to whom our Sauiour giueth this testimony, that the very sinners among them would lend one to another to receiue as much as they lent.Luke 6.34. Iames 5.3. St. Iames also findeth fault with the rich men of that time,See Dr. Pie. of vsury p. 84. 85. that they suffered their gold and siluer to rust, which they would not haue done if they had beene addicted to vsury: and therefore [Page] the lesse practise of vsury in those times, may be some reason why it is not expressely mentioned in the writings of the Apostles.
7 Argument for vsury.
1 Answer.
1 If it were a iudiciall law, yet the equity thereof,Bb. Downam Ps. 15. p. 207. which is perpetuall, would appertaine to vs, viz. that vsury is not to be imposed vpon a brother: but behold we Christians are all brethren in Christ, this difference of Iew and Gentile being taken away,
2 The law which commandeth free lending, is not iudiciall but morall, and is therefore renewed by our Sauiour Christ, therefore the law which forbiddeth vsury or lending for gaine, is morall; for the same law which commandeth the affirmatiue, condemneth the negatiue.
3 Vsury is reckoned in the Scripture among the transgressions of the morall law.Fenton of vsury, p. 45. Looke into the Prophets and they euer combine this sinne of vsury with the transgressions of the morall law in the highest degree, with lying, back-biting, deceit, wrong, bribery, Ps. 15. with idolatry, oppression, adultery, cruelty, vnmercifulnesse to the poore, bloodshed, and murder, Ezek. 18. with the profanation of holy things: with the abomination of vncleanenesse: with the vnnaturall sinnes of incest, Ezek. 22. [...]. Vsury (sayth S. Basil) is placed among the greatest abominations; all of them transgressions of the morall law.
It is true indeed, there is a iudiciall and politique toleration annexed vnto this law, that the Iewes might take [Page] vsury of strangers: [...].20. but that maketh not the law it selfe iudiciall but rather morall. The Iewes had a diuorce permitted vnto them in the same booke of Moses, the next chapter, and yet the 7 Commandement, to which that belongeth, is morall notwithstanding; in like manner the Iewes might take vsury of strangers,chap. 24.1. which was a peculiar toleration for that nation, yet the law against vsury is morall.
8 Argument for vsury.
Answer.
Fenton of vsury. p. 115,VVHat shall become of them? by the helpe of God they may doe well. My greater care is, what shall become of those Orphanes and Widowes in these vncharitable daies, which haue no stockes at all left vnto them. Though I confesse both the one and the other are alike in this, that they be not so able to helpe themselues as others be. Therefore there be no two estates among men, ouer whom God hath a more prouident and tender care, then ouerDeut. 10.18. & 14.29. & 18.11, 14. & 24 17 20. Ps. 68.5. Ps. 146.9. widowes and fatherlesse children.
Exod. 22.22, 23, 24.Hath God then so many waies bound himselfe by promise to prouide for Widowes and Orphanes, and shall these by vsury withdraw themselues out of his fatherly protection? shall these be secured by vsurious contracts against the act of God himselfe? verily God will take it more vnkindly at their hands, then at any other.
If Almighty God in wisedome had thought it meet to haue tolerated vsury in these persons, he might as easily haue mentioned the same, as he doth the toleration of lending to strangers. But it was so farre from Gods meaning, that in the very same place, where he maketh a law for the [Page 65] safegard of Orphans and Widowes,Exod 22.22.23 24.25. presently and immediatly vpon it, is annexed the Law against vsury. Shall then these who are so well prouided for, by a speciall Law of God, be transgressors of the very next Law vnto it? God forbid.
Let Widowes and Orphans, &c.Bb. Downam. in Ps. 15. p. 268. Dod. in Com. 316. Dr. Wilson discourse vpon vsury p. 70. Eyther imploy their goods in some honest trade, wherein they haue as good cause to expect a blessing from God, as any other: or let them deale by partnership; or if other meanes faile, let annuities be bought for their liues, or Lands, or Rents purchased for euer; or let some other honest course be taken, which wise men can easily deuise, if they list: how Orphans may be maintained without impairing of their stocke.
9 Argument for Vsury.
Answer.
1. I demaund first of these Trades-Men,Fenton of vsury p. 121. who cannot liue in their trade without taking vp at interest: is their meaning that they cannot liue in that fashion as they doe, maintaine their wiues in those fashons that they do: driue their trades to that height which they doe? If this be the case, the answer is easy:Prou. 5.15. it may be God would not haue them carry so great a saile as they doe, but to drinke of the waters of their owne well,Note. and content themselues with such meanes as Gods fatherly prouidence doth offer them:Prou. 15.16. there is no necessity for a man to inrich himselfe by such practises, as be eyther forbidden or doubtfull. Better is a little with the feare of the Lord, then great treasure with trouble; trouble of conscience at the houre of death. Thus farre we do agree: whosouer layeth this for his ground that he will be rich,1 Tim. 6.9. must insnare his conscience with many [Page 66] necessary euils, whereof vsury is one: necessary, I say, not to a religious honest man, who is content with his estate; but to him who resolueth he will be rich: for they that will be rich (saith the Apostle) fall into temptations and snares,1 Tim. 6.9. which drowne men in perdition and destruction.
2 If it be propounded, that trade and commerce betweene man and man cannot be maintained in this City without borrowing and lending:Luke 6.13. [...] that is also granted. Gods Law did euer intend that men should lend one to another; in charity to the poore: in friendship to their equalls, to receiue the like courtesie againe. Which duty if men would performe, three were no necessity of vsury.
3 The third point then followeth. Presupposing the custome and corruption of these times wherein men will not lend freely as they ought; is there not a necessity of vsury admit that be granted: who did impose this necessity?Note. if God; then is this reason good, vsury is necessary, therefore lawfull. But if men or estates haue drawne a necessity of sinning vpon themselues by the custome of sinne, doth this extenuate or aggrauate the fault? Woe be vnto them (sayth the Prophet Esay) who draw sin,Esay 5.18. as with cart-Ropes. Cities and Incorporations haue drawne a necessity of this sinne vpon themselues by three strong cart-Ropes of iniquity.3 Cause of the necessity of vsury.
First the hardnesse of mens hearts, and want of charity in those who be well able to lend and will not, haue forced many to pay vsury.
Secondly, the couetous desire and pride of borrowers, who out of an insatiable appetite to compasse great matters, do take vp great summes of money, for money: that no money is to be spared for such as be true borrowers indeede.Is. 5.8. Woe vnto them that ioyne, Land to Land till there be no place for the poore to dwell in. That is the Country woe. But vpon the same ground, it is inferred: Woe vnto them who ioyne money to money, till there be none [Page 67] left for the poore to borrow. This is the City woe: which bringeth a necessity of borrowing vpon intrest.
Thirdly, falsehood and deceit in defrauding one another of their monies at the times appointed, so as being disapointed of their owne, they are compelled to take vp of others, or to shut vp their doores. These three fold cart-Ropes, not easily broken, haue drawne a necessity of vsury vpon Cities. And shall it therefore be reputed no sinne? God forbid: it is no good consequence neyther in persons nor estates.
Not in persons. S. Paul telleth vs of an heart that cannot repent,Rom. 2.5. which heapeth vnto it selfe wrath against the day of wrath. Is impenitency in that heart no sin, because custome hath made it necessary?
A drunkard hath brought his body into such an habit, that vnlesse he drinke bountifully, euen to the turning of his braine, he is sicke againe. Is not drunkenesse in that person sinfull, because so necessary?
But for the lender, which is the Vsurer, there is no colour or pretence of any such necessity which can befall him: seeing he hath authority from God as steward of his blessings: and power amongst men as owner of his money: for variety of lawfull and vndoubted imployments.
2 Answer.
The Common-wealth of the Iewes did stand without vsury, therefore why may not ours?
2 You may find a discouery of the infinite iniuries this kingdome endureth by the vnlawfull trade of vsury.In a tract against vsury presented to our high Court of Parliament. 1621. Item in vsury arraigned and condemned. 1625. Where the allegations commonly made in defence of vsury, are sufficiently answered.
3 Vsury is the cheefest cause of the greatest misery in this Land, as well to giue occasion of great waste as also to make much want, and will be in the end, the vndoing of all, if it be not looked to in time. The Romans neuer began to decay, till vsury Lorded amongst them,Dr. Wilson. of vsury. Epist. dedicat. for then priuate gaine thrust out common profit, lust was [Page 68] holden for law, idlenesse more vsed then labour, ryot instead of dyet, vice better regarded then vertue, no charity at all, no loue betwixt man and man, but eueryman for himselfe, and the whirle-poole of pride and ryot ouerfloweth in all things, and in all places.
10 Argument for vsury.
Proposition.No vsury is forbidden by the law of God, and by the law of nature, but that which is hurtfull, and ioyned with the hurt and losse of the neighbour.
Assumption.But some vsury is not hurtfull, but rather helpfull to the neighbour.
Conclusion.Therefore some vsury is not forbidden.
Answer.
First the proposition is vntrue, and of dangerous consequence: for the law of God forbiddeth all vsury in generall,Bb. Downam p 293. as a thing in it owne nature and in his whole kind simply vnlawfull, without any restraint or limitation, euen as it condemneth adultery, lying, theft, or any other notorious sinne. Thus a man might argue for an officious lye.
Reply.
But they proue their proposition thus.
Proposition.Vsury is not forbidden, but as it is against charity, for charity is the summe of the law, and he which obserueth the rules of charity, keepeth the law.
Assumption.But that which is not hurtfull to the neyghbour, is not against charity.
Conclusion,Therefore that vsury which is not hurtfull to the neyghbour is not forbidden.
Answer.
1 To the Proposition: Charity which is the summe of the law, hath reference towards God; towards our neyghbour, not onely in priuate, but also in publike: and towards a mans selfe. And in this sence I acknowledge the proposition of his syllogisme to be true, viz. That vsury [Page 69] is not forbidden, but as it is repugnant to charity. But hereby the assumption of this syllogisme is proued to be false, for there be many things which are not perhaps hurtfull to our neigbhour in particular, with whom we deale,Note. which are notwithstanding repugnant to charity. The officious lie helpeth the particular neighbour, in whose fauour it is told, yet because it is repugnant to verity, it is repugnant to charity. God who is truth hath forbidden all vntruth, and he will destroy euery one that speaketh lies: the lying mouth destroyeth the soule: therefore no lying can stand with that charity and obedience which we owe to God, nor with that loue which we owe to our owne soules. So in like sort suppose that the borrower sometimes is not hurt by vsury, but rather holpen: yet notwithstanding all vsury is against charity, for the practice of it cannot stand with charity and our allegance to God; who hath forbidden it, denounced his iudgements against it, made gracious promises to them that will do the contrary: nor with our charity and duty to our Countrey, vnto which vsury is in many respects noysome, as hath beene shewed: nor with that loue which we owe to our owne soules; for whosoeuer putteth forth to vsury, or taketh increase, he shall not liue, but dye the death.
Reply.
Yea but say they againe, to proue the former proposition, That vsury which is ioyned with the hurt of the neighbour is condemned: therefore that which is not ioyned with the hurt of the neighbour is not condemned.
Answer.
I deny the consequence: for there are other respects which make vsury vnlawfull,Idem p. 297. besides the hurt of our neighbour, as euen now I shewed; by the same reason the patrons of officious lies might argue thus; God forbiddeth vs to tell a lie against our neighbour, therefore the lie which is not against the neighbour, but for him, is not forbidden. But you will say, all lying is forbidden: so is all vsury, as I haue already proued.
And thus I haue shewed against the proposition that all vsury is vnlawfull, though all were not hurtfull. Now I adde against the assumption of the first Syllogysme, that all vsury is hurtfull: hurtfull I say, eyther to the borrower as commonly it is, or else to the Commonwealth, as before hath beene proued.
11 Argument for vsury.
Answer.
I Deny the consequence which is grounded vpon a false supposition.Bb. Downam Ps. 15. p. 305. That there is alwaies the like reason of relatiues. The oppressour, and he that is oppressed: the robber, and he that is robbed, are relatiues: but shall we hence conclude,He which borrowes vpon vsury, necessity compelling sinnes not, Idem p. 338. that if to be robbed, or oppressed is not a sinne, therefore it is not a sinne to rob or to oppresse?
He which vpon necessity, yeeldeth to pay vsury, doth suffer wrong and is oppressed: therefore such a one sinnes not. Which may be thus proued.
To suffer wrong is not sinne.
The borrower which vpon necessity yeeldeth to pay vsury, doth suffer wrong. Therefore he doth not sinne therein.
Reply.
He which borroweth vpon vsury is not oppressed, because he is willing to borrow vpon vsury: yea, and so willing, that he seeketh to the vsurer, and intreateth him to lend, offering to giue him consideration according to the Statute, that is to say, Vsury.
Answer.
He that borroweth vpon vsury in case of vrgent necessity [Page 71] doth yeild to vsury against his will, yea although he both offer and promise it: for in cases of vrgent necessity, men seeme many times willing to that which is indeed against their will. When a man is in danger of shipwracke, how will he bestirre himselfe to vnlade and lighten the ship, and with such earnestnesse cast his goods into the sea, that he may seeme to be very willing to be rid of them: and yet the thing which he willeth,See the answer to the 2 argument for vsury, is not the casting away of his goods, but the safety of his life. This is a conditionall necessity. Thus the borrower is no more willing to pay vsury, then that man was to cast away his goods: but his necessity for auoyding a greater inconuenience, makes him seeme willing to that whereunto simply he is vnwilling.
2 Reply.
The vsurer cannot accomplish his sinne without the borrower, therefore the borrower is partner of the vsurers sinne.
Answer.
The consequent is not good.Idem p 344, The sinne of rape cannot be without the innocent party that is rauished, yet she that is rauished, is not partner of his sinne that committeth the rape. So likewise one man cannot oppresse, vnlesse there be another to be oppressed, nor impose vsury, vnlesse there be another on whom it is to be imposed: and yet he that is oppressed is not partner of the oppressors sinne, nor the borrower who vpon necessity borroweth vpon vsury, of the vsurers sinne.
3 Reply.
It may be doubted of, whether one may take money for his vse of an vsurer: 1 Because it is not lawfull to consent to him, that doth euill. 2 Nor to giue occasion to one of euill, as he seemeth to doe, that taketh money vpon vsury. 3. And Ieremy professeth,Ier, 15:10, Bb. Babington, vpon the Commandements, p 70. that he neither gaue nor tooke to vsury, where the Prophet plainely insinuates, that if he had done eyther, hee could haue found iust cause in himselfe why he should be euill thought of.
1 Answer.
Dr. Smith, in Willet, vpon Leuit. p. 336.1 He consenteth not to the sinne of the vsurer, that taketh vp money of him, he consenteth to the lending, which is good, but the hard condition in lending, the vsurer imposeth, and the other is forced to accept, because of his necessity.
2 Neyther doth he giue him occasion of sinning, but of lending, the vsurer himselfe Sumit occasionem peccandi, taketh occasion of sinning.
3 The word there vsed by the Prophet, is Nashah, which signifieth mutuo dare, to lend, as Iun. well translateth, as it is taken in other places, Deut. 15, 2. c, 24.10. where the Septuagint interpret it by the word [...], or [...] debt not vsury, and so Theodotion here readeth, I did owe nothing to any man: the Hebrew word Nashah, with He, signifieth simply to lend, but with Aleph, to lend vpon vsury, as Esay 24.2. and though the vsuall reading be receiued, it signifieth no more then this, that the Prophet had no trading at all with them,Cautions in borrowing vpon vsury. (as we say) he neyther bought nor sold with them and yet they hated him. Wherefore the resolution here is, that a man for his necessary occasions may make vse of an vsurers money, but (not to make gaine of it by letting it out againe. 2 or to maintaine his pride, gaming, drunkennesse. 3 Or to compasse great matters in the world,Bb. Downam in Ps. 15 p 318, 319, 320, &c. or to purchase Lands, or Houses. 4 Or to seeme poore, that he may giue nothing to the vse of the Church, or to the Commonweale in subsidies and taxes. 5 Or when he may borrow freely, at the first motion offering vsury to the lender) but driuen to it of necessity: for, non qui patitur, sed qui facit iniuriam peccat, not he that suffereth, but he that doth wrong, sinneth: and it is a very like case, as when a man vseth the oath of one that sweareth by false gods: as Iacob did of Labans oath, that sware by the god of Nahor, Gen. 31.53. who serued other gods, Iosh. 24.2. to confirme the league betweene them, as Augustine sayth, Non peccato illius, sed pacto bono, quo fidem seruavit, [Page 73] vtitur in bonum, he doth not vse his sinne in swearing by false Gods, but his couenant, whereby hee kept his fayth to a good end: Epist. 154.Note. And like as a man falling into the hands of Theeues doth reueale vnto them his treasure to saue his life, which otherwise he ought not to doe: as the tenne men did to Ismael, Ier. 41.8. So it is when one vrged by his necessary occasions falleth into the Vsurers hands. But better were it to preuent such occasions, if it may be: and being once enwrapped, to follow the wisemans counsell: Giue not rest vnto thine eyes; till thou hast deliuered thy soule,Not to continue in debt to Vsurers. as a Doe from the hand of the hunter, and as a Bird from the hand of the fouler, Prou. 6.5. For as a Bird taken in a lime-bush, so one by dealing with the Vsurer, the more besnareth and entangleth himselfe.
12 Argument for vsury.
Answer.
IT is the nature of all vsury to bite,Mr. Fenton of Vsury p. 9. All Vsury bites though with great difference: some like the English Mastiue, some like the dogge-slie some scarce sensibly, and therefore not perceiued to be a sinne.
First,Why Vsury seemes not to bite. because many are content to moderate themselues in this gaine, and then, if it be a sinne, it is but a little one, as Lot sayd of Zoar, Gen. 19.20. Modica sunt quae perdunt nos; they be those little ones that vndoe vs. A Moate in the Eye if it be not got out in time, may grow to a pin and web; and a mans conscience may suffer Shipwracke aswell vpon a Sand as vpon a Rocke.
Secondly, it is not euer so sensible, because as the Vsurer moderating himselfe doth not seeme to bite the borrower: so the borrower releiuing himselfe by others, hath no cause [Page 74] to complaine. Yea, many borrowers concurring in this practise, by their multitudes, are able to sway and inhance the market, in such manner, that they may liue themselues and pay the vsurer besides. So that in conclusion those do all set vpon the Commonwealth: which being a great body, is able to beare many dogs, before she need to complaine: and feeling the wound (as in time she must) she knoweth not well of whom to complaine.Multorum manibus grande leuatur onus. Burthensome therefore it is to the Commonwealth, yet so dispersed amongst many, that it is the lesse sensible, but neuer a whit the more allowable.
For these and the like causes the biting of vsury being sometimes not so sensible to particular persons, almighty God in his wisedome foreseeing how ready men would be to cauill at the Word Neshech, hath of purpose expressed his meaning more fully by the exegeticall addition of another terme, which simply signifieth any increase at all. And this hath he done, not onely in the comments of the Prophets.Ezek. 18.17. Pro. 28.8. But in the very text of the law it selfe, Leuit. 25.36, vetarbith, and the 37. Vbemarbith: which word, Salomon forgetteth not to adde: for Salomons daies being both peaceable and rich in siluer and gold, men would be then more ready in all likelyhood to deuise any cauill, or colour to maintaine that sinne.
Neyther are these my priuate coniectures, against the groundlesse distinction of biting and toothlesse vsury; but Mr. Caluin himselfe (vpon whom they seeme to relye as a chiefe patron of vsury) doth not onely condemne it as friuolous;The distinction of biting and toothlesse vsury groundlesse. but addeth further, that it was the purpose of the holy Ghost, by adding that other word to preuent such cauils. Quia homines hac in parte nimium sunt accuti et versuti, et excogitant subterfugia, quibus crudelitatem suam tegant; ideo addit: et incrumentum non acceperit: because, sayth Caluin, men in this kind be ouer accute and subtile, and deuise euasions how they may cunningly couer their cruelty, therefore he addeth in the text, Vsury or increase. [Page 75] And for the distinction it selfe, Caluin his censure is, Ludunt homines suis cauillis, sed deus non admittit tales versutias: men cauill and play with words, but God admitteth no such sleights. His meaning is simple and plaine, that all increase aboue the principall is forbidden.
13 Argument for vsury.
Answer.
THis euasion is very friuolous: for Deut. 23.19.Bb. Downam Ps. 15. p. 202. there is no mention of the poore, but all vsury is forbidden towards a brother, whether he be rich or poore.
2 By the same reason we may conclude, wrong is not to be done to the poore, the widow, the fatherlesse; or stranger; therefore wrong may be done to the rich,Pro. 22.22. to the married wife, to the children that haue their parents liuing, &c.
3 Or when Salomon sayth, Robbe not the poore, because he is poore, we might inferre; therefore thou mayst robbe the rich, because he is rich.Powels positions of vsury. p. 45. See the answere to the 3 argument.
God in the lawes of vsury, did specially, and by name forbid lending in that manner to the poore, for two respects.
1 To shew what care he himselfe hath ouer them, who are commonly and vsually neglected of men.
2 Because the poore are soonest and easiest oppressed of the rich, as the lowest hedge is soonest stepped ouer.
3 If the law of lending to the poore without vsury, should inferre the lawfulnesse of lending to the rich vpon vsury; then it is euident that Gods intendment in those lawes for the benefit of the poore should rather proue a hurt and hinderance vnto them, because by this meanes it would [Page 76] come to passe that the poore should not borrow at all.Dr. Mosse, of vsury: p 131. For, who will lend to the poore for nothing, that might lawfully lend to the rich for vsury? of which poynt we haue so lamentable and euident experience in these our dayes, as no man, no not the vsurer himselfe is able to gainesay it. Yet of the two it were better for the poore man, that he should borrow vpon vsury, then that he should not be able to borrow at all: now borrow at all he shall not, if it be lawfull to lend to the rich for vsury, and not vnto him. And therefore as one sayd, Maledicta glossa quae corrumpit textum: accursed be that glosse or commentary that destroyeth the text: so may I say in this case, euill fare that interpretation which ouerthroweth the intent and purpose of the Commandement.
14 Argument for vsury.
Answer.
Bb. Downam. in Ps. 15. p. 257.I Will not answer with Basil, [...], that is, but I thinke more (sayth he) haue come to the halter: but I thinke more haue proued banckrupts.Dr. Wilson of vsury. p 189. Dr Wilson hath a pretty story to this purpose, not vnworthy the remembring. A man comming into a certaine Church, and seeing it fraught full of Images made of waxe,Note. demanded, what might be the cause of such an vnwonted sight? answer was made, that those whom these images did represent were certaine persons which on a time were saued from drowning by calling vpon our Lady. Nay then (quoth he againe) where be the Images of those (I pray you) that called vpon our Lady, and were drowned notwithstanding? So say I in this case. If any man will set before me the instances, and as were the images of those, who tooke vp money on vsury, and grew rich thereby: I would demand [Page 77] on the other side, that he shew forth the hundreds, and thousands of those, who by that meanes haue vtterly impouerished, and ouerthrowne their owne estate, they will be found to be without all comparison.
2 Though some for a time may seeme to be rich by that which they haue borrowed vpon vsury, yet vsury at the length consumeth them, and eateth them vp.
3 Neyther doth this prosperous euent of the borrower iustifie the contract of vsury,Note. which couenanteth for gaine not in euentum lucri, but absolutely, and therefore out of his losse as well as out of his gaine.
4 And lastly I adde, that the more the borrower is inriched by this meanes, the more the Common-wealth is damnified. For whosoeuer thriueth by occupying money borrowed vpon vsury, he hath so pitched the prices of his commoditie,Dr. Wilson, of vsury. p 174. as that besides a competent gaine raysed for the maintenance of himselfe and his charge, he also hath gathered vp an ouerplus of a tenth part for the vsurer. And thus by vsury the prices of all commodities are enhaunced, whiles the sellers, who borrow vpon vsury, if they will thriue, must needs make the buyers to pay two shilling in the pound more then otherwise were sufficient.Answer to an Obiection. And because they which doe borrow vpon vsury, must needs sell for so much as they may gaine both for themselues and the vsurers. Therefore the rest doe pitch the prices of their commodities accordingly. Otherwise they which trade with money borrowed vpon vsury could neuer thriue:Bb. Downam in Ps. 15 p. 255, 256. but because sometimes they doe thriue, it is euident, that all of the same trades doe so pitch their prices, as if all did borrow vpon vsury.
CHAP. 7. Vsurers must repent of their sinne, and make restitution.
Vsurers must repent of their sinnes.AS for those who haue practised this sinne, their duty is to repent thereof, because they that put forth their money to vsury shall not dwell in the Mountaine of Gods holinesse, namely, vnlesse they repent. And againe Ezek. 18. He that putteth forth to vsury and taketh increase he shall not liue, but die the death, viz: vnlesse he repent and turne from his wickednesse; for that condition is to be vnderstood by warrant of the Lords owne exposition, Ezek. 18.14, 15, 21.
Bb. Downam in Ps 15. p. 312 313.Now vnto Repentance, besides the inward loathing of the sinne and sorrow conceiued for it, is required (as that testimony; of Ezek 33.14.15. Plainely sheweth) both a desisting from the practice of vsury, and a restitution of that which hath beene gotten by vsury, with the harme of of others. For the first: it is the expresse Commandement of God by the Apostle, Eph. 4.28. Let him that stole, steale no more: and by Nehemiah more particularly in this case of vsury Chap. 5.10. Let vs cease from this burthen; meaning vsury: forsaking of sinne accompanieth forgiuing of sinne: Prou. 28 13. Neyther may we thinke that God remitteth those sinnes, which we our selues retaine.
Now vpon this forsaking of sinne, will follow the second duty of repentance,Vsurers must make restitution else. 1 No repentance. namely restitution, as a necessary consequent thereof, which restitution whosoeuer maketh not, being able to restore, he neyther hath vnfained repentance of his sinne, nor any sound assurance of the forgiuenesse thereof. He hath not repentance: for he doth not forsake the sinne of theft and vsury, that continueth in it, and he continueth therein that doth not make restitution. For so oft as a man remembreth, that whatsoeuer he hath vniustly gotten by vsury, or any other kind of theft, to the damnifying of others, is not his [Page 79] owne, but theirs whom he hath wronged, and yet refuseth (being able) to restore the same,Si res aliena propter quam peccatum est, cum reddi possit non redditur, non agitur panitentia, sed fingitur. 2 No sound assurance of remission. Epist. 54. ad Maced: so often he committeth theft. Therefore Augustine sayth, that men doe not repent indeed, but counterfeit repentance, if when they are able to restore other mens goods, wherein they haue offended, they do not restore them
As he hath not repentance which maketh not restitution, if he be able, so neyther hath he any sound assurance of remission. It is a true saying of Augustine, Non remitti peccatum, nisi restituatur ablatum, that the sinne is not remitted, vnlesse that which hath beene vniustly taken, be restored, namely, if the party be able to restore: for whiles a man continueth in his sinne, he cannot beleeue the forgiuenesse thereof, and he continueth therein, vntill hee make restitution. To restore is to cease from doing wrong, therefore hee that shall not restore, doth not cease from the wrong.
But it is further to be considered, to whom and when this restitution is to be made, and how farre forth.
1 To whom?To whom vsurers must restore. Surely to him that hath sustained losse or harme thereby, Leuit. 6.5. Numb. 5.7.8. That is, eyther to the vse of the Debtour if he hath beene bitten or to publike and godly vses, if the Common-wealth hath beene endamaged.
2 When?2 When. So soone as thou desirest remission of thy sin, and reconciliation with God for so the Lord hath expressely commanded. Numb. 5.6.7.8. Leuit. 6.2.3.4.5.6.7. viz. That the sinne first must be confessed to God: Secondly, restitution is to be made to the party offended, the same day that thou seekest reconciliation with God, if not before: and Thirdly a sacrifice was to be offered, &c. The equity whereof remaineth vnto vs, that in the third place we should call vpon God for the forgiuenesse of our sinne, desiring him for and by the sufficient sacrifice of Christ (which was prefigured by the sacrifices of the Law) to forgiue our sinne Many will seeme to seeke reconciliation [Page 80] with God; but neuer thinke of making amends to their brother offended. But our Sauiour Christ teacheth vs another lesson, Mat. 5.23.24.
How farre forth this restitution is to be made.How farre forth is this restitution to be made, that is, of what vsury, and of how much?
Ans. Not of meutall vsury, where gaine for loane is intended onely and expected: for howsoeuer that intent corrupteth the act of lending, yet it polluteth not the free gift of the borrower, which is voluntarily giuen in testimony of thankfulnesse. And therefore it bindeth not the lender for restitution to be made to the neighbour whom he hath not wronged, but to repentance toward God.
And of how much?For the quantity; so much at the least is to be restored as hath beene gotten by vsury with the harme of others: or if the offender bee not able to restore so much, yet he must restore so much as he is able. The Lord in his Law commandeth, that the offender should restore the whole summe, and also adde a fift part vnto it, Leuit. 6.5. Numb. 5.7. & Zacheus, to testifie his repentance, promiseth foure fold: that those men may know how farre they be from true repentance who will restore nothing at all.
If any shall thinke or say, Durus est hic Sermo, this is a hard or harsh Doctrine, which is not so esteemed in respect of other kinds of theft: I Answer, the harder this Doctrine seemeth to Vsurers then to other Theeues and robbers,Note. Vsurers worse then other Theeues. the more desperate is their estate then of others. And this may be another argument to aggrauate the grieuousnesse of this sinne, that whereas other Theeues and robbers, if once they be discouered, acknowledge their fault, and are willing to make restitution, Vsurers though conuinced of this sinne, yet stand in defence thereof and thinke not themselues bound to make restitution.
I could with much facility, confirme the iudgement of this reuerend Father, by the concurrence of a world of testimonies; but because the poynt is already discouered to be a manifest truth, I will butDyke of repentance p. 143 Mr. Smith 2. Sermon vpon vsury and in his Sermon of Zacheus conuersion. Bb. King on Ionah. Ch. 3. 8. name some of [Page 81] them that require Vsurers to make restitution, and preferre to the Vsurers consideration, the iudgement of a most learned and iudicious Doctor.
Powels positions of vsury p. 68. 69. Mr. Philips Sermons p. 95. Bb. Sands in Sermon vpon, Luke 1.74.75. Mr. Rogers strange vineyard p. 313. Bb. Iewell, vpon 1 Thess. p. 147. Perkins vol. 2. p. 197.
If vsury be an vnlawfull trade,Dr. Smith in Willet on Leuiticus p. 632. as hath beene sufficiently proued before; then it will follow, that what is wrongfully gotten must be restored home, and restitution be made of the wrong done.Vsurers to restore. So Zacheus professeth to recompence foure fold what he deceitfully had gotten; the word is [ [...]] taken from such as among the Athenians discouered those which carryed out figs, which was forbidden, (they being had their in great price,) and so the word is generally applied to those, that accuse others wrongfully, and forge any cauillation against them, in like manner Vsurers haue trickes, and deuices to enwrap and entangle their poore debters.Vsurers haue trickes to entangle their debters.
And if they will with Zacheus become the children of Abraham, they must make restitution of their vnconscionable vsury: so was it decreed in a generall counsell,Councells decreed restitution. Possessiones quae de Vsuris comparata sunt, vendi debent, et pretia his, ex quibus vsurae extortae sunt, rescitui; possessions gotten by vsury, must be sold, and the price giuen to them, of whom the vsury was extorted; Lateran. Part. 16. c. 5. and Augustine also would haue vsury restored: Quia omne, quod male possidetur, alienum est, because euery thing, which is ill possessed, belongeth to another; Epist. 54.
But here in this case of vsury,Cautions to be obserued. these cautions must be obserued.
1 That euery thing gotten by money cannot be restored, but onely those things: Quorum vsus non est consumptio, which are not consumed in the vse, as House, Lands, but meat apparell, which consume in the vse, cannot be restored, but the value of them.
2. Besides the vsury money, something may be gotten humanâ, industriâ, by humane industry and for that restitution is not to be made.
3. And if the lender be damnified, Per dilationem, by the detayning of his money; of that also a consideration must be had.
4. And all the price of the House and ground is not to be restored, but Secundum quantitatem vsurae; according to the quantity of the vsury receiued. To this purpose, Aquin. 2. 29. 18. art. 3.
5. Adde hereunto, if the parties be not liuing of whom the vsury was taken: then restitution must be made to his heyres, and next of his kindred, and for want of them to be giuen to pious vses according to the Law, Numb. 5.8. And so the Canon is: Qui vsuras receperint, cogendi sunt, sub paenâ Excommunicationis, ijs àquibus extorserunt, velhaeredibus restituere, they which haue receiued vsury, are to be compelled vnder paine of excommunication to restore them to such, from whom they extorted it, or to their heyres, Lateranens. ibid. vbi supr.
Conclusion.
2 Chro. 30.18 19.Now the good Lord pardon euery Vsurer, that prepareth his heart to seeke God, the Lord God of his fathers, though he be not cleansed according to the purification of the Sanctuary.Acts 26 18. The good Lord open their eyes, and turne them from darkenesse to light, and from the power of Satan vnto God: that they may receiue forgiuenesse of sinnes, and inheritance among them which are sanctified by faith that is in Christ.
Now the God of peace, that brought againe from the dead our Lord Iesus, that great Shepheard of the sheepe, through the blood of the euerlasting couenant, Heb. 13.20.21. make them perfect in euery good worke to doe his will, working in them that which is well pleasing in his sight through Iesus Christ, to whom be glory for euer and euer, Amen.
Meritum meum miseratio Domini.