English Puritan & Reformed

Theological and Scholastical Positions Concerning Usury

Gabriel Powel (1576-1611) · 11,587 words · 51 min

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THEOLOGICALL AND SCHOLASTICALL POSITIONS CONCERning Usury.

Set forth by Definitions and Partitions; framed according to the Rules of a natural Method.

AT OXFORD, Printed by JOSEPH BARNES, and are to be sold in Fleet-Streete at the sign of the Turks head by JOHN BARNES. An. Do. 1602.

TO THE RIGHT WORSHIPfull, & most religious Gentlemen, RALPH HOCKENHVLL, & HVGH HVRLESTON, Esquires, all Grace & Peace external, internal, eternal.

TO write against Usury (Right worshipful) is no novelty; & to give the Usurer notice of the dangers wherein he walloweth, is a thing necessarily performed in all Ages; begun by our Fathers, who gave the first on-set, seconded by Vs, who continue the skirmish, and to be practiced of our Posterities, who doubtless will willingly follow their Fathers, wherein we have so happily followed ours. The Sin is heinous, and the danger desperate; yea so much the more dangerous, whē it is covert & shrow ded; as a consuming fever, that cannot be espied before it grow incurable. I know there be many, otherwise good Christians, that entertain this ugly monster, who would not do it to gain all the world, if they knew their trade were damned-usury. Give me leave therefore (Right worshipful) to decipher the deceiptfullnes of this Sin, by pointing at some vsurarious practices, which are utterly unlawful though commonly they be not so accounted. I will touch but some few of the principal, least I should tread an endless maze, & enter a labirinth out of which Theseus himself were not able to reduce me.

FIRST thē, this covert & shrow ded usury is committed in buying and Selling.

1 I buy barley afore hand for 4 ^r . a comb which at the time of the delivery (I know) will be worth 6 ^r . or a noble.

This is cloaked Usury. Because that for payment before hand, I buy a great deal the cheaper.

2 I sell my wares: I give a day of payment, and for that I am to forbear my money so long, I sell above mine ordinary price, or above a reasonable gain.

Herein (no question) I commit usury. Because I sell the time, and make a gain of lending.

3 A man comes to me to borrow money: I answer, I will lend him no money for usury. But if he will buy a horse of me for 10 ^li . ( which is scarce worth 20 ^s .) I will lend him so much money for such a time.

This is usury. Because the money which surmounteth the price of the Horse, is a full recompense for the loan.

SECONDLY, It is committed under pretence of Letting.

1 One comes to me to borrow an 100 ^li for 7. years. I answer, He shall have it; if he will hire a house of me for 10 ^li . yearly, ( which is scarce worth 10 ^s .) and take a lease of the same during the said term of 7. years.

This is plain Usury. Because the rent of the house payeth for the loan of the money.

THIRDLY, It is committed in Lending.

1 I come to a man to borrow money. He will lend me so much as I ask, but in light gold, in cracked angels, or such like. Yet he will have payment in good currant money.

This is Usury. Because he maketh a manifest gain of Lending

2 If in consideration of a piece of money sent I take a piece of ground, a house, or cattle, or any fructifieng thing, until the money be paid again.

This is Usury. Unless that the fruit I reaped from the pledge be diducted from the principal.

3 If for such a consideration, I take for pleadg apparel, plate. &c. and use the same until payment be made.

This is Usury. Because I reap comodity by the use of the pledge for the Loane only.

4 I deliver 20 ^li upon condition to have 22 ^li at the years end, if I be thē living, but if I die to have but 18 ^li restored again.

This is plain Usury. 1 Because the gain is certain, in respect of the Lender, and that for the Lone only. 2 Because there is no respect had whether the borrowers gain be lawful or not, yea whether he gain anything at all or no. 3 Because the Lender doth not adventure the Principal. 4 Because he doth not rely upon GOD'S providence for disposing, and ordering of his Goodes: but is sure of Gaine (if he lives,) howsoever it goeth with the Borrower.

5 I deliver 20 ^li . upon condition to have 22 ^li at the years ende, if either myself, or one other whō I shall name, be then living, but if we be both dead at the same time, then no part of payment at all to be made, neither of gain nor of principal.

This is Usury: for the reasons house, or cattle, or any fructifieng thing, until the money be paid again.

This is Usury. Unless that the fruit I reaped from the pledge be diducted from the principal.

3 If for such a consideration, I take for pleadg apparel, plate. &c. and use the same until payment be made.

This is Usury. Because I reap comodity by the use of the pledge for the Loane only.

4 I deliver 20 ^li upon condition to have 22 ^li at the years end, if I be thē living, but if I die to have but 18 ^li restored again.

This is Usury: for the reasons before alleged.

OBIECTION. I adventure to loose not only the profit of my money for a whole year, but also to loose the principal it self.

ANSWER. No, no: Here is no adventure at all. 1 For if the Usurer lives his gain is certain howsoever the Borrower shall do 2 The adventure must not only be in respect of the Lender, but all so and that principally in respect of the Borrower, who useth the money.

FOVRTHLY It is committed in laying to pawn.

1 I lend 20 ^li for ayeare, and for assurance of mine own, I take a pawn worth 30. or 40 ^li with a bill of sale, that in desalte of payment at the day appointed the pawn shall be my own.

This is Usury: If either I hope the pawn shall be forfeited; or it I take the advantage of the forfeiture, if it so fall out.

I am to bold to trouble your Worships with recital of particular Practises: yet, because I know it is the custom of many men rather to scan over Epistles & prefaces, thē diligently to peruse whole books; I thought good to reserve evē this place, for these few cases that all Mēmay see thē briefly censured, & proved to be within compass of manifest Usury.

Many learned Divines have written concerning this point. I have read all that ever I could come by, Fathers, Canonistes, and moderne Writers: & made choice of what I judged best out of them all, which I have couched together concisely, and methodically: so as the Reader may compendiously as it were with one project, take a view of the whole, what hath been written concerning VSVRIE.

This Labor (how great or how small soever) I humbly present unto your Worships jointly, and severally, as a token of the dutiefull regard, and loving affection I bear unto you: being not otherwise any way able to declar my thankfulness, for the great and manifold favors & benefits which from time to time I havē received from you heartily beseeching your Worships, so to accept this small gift, as it is consecrated and dedicated unto you; that is, with a willing, cheerful, & Christian mind.

The LORD JESUS bless and preserve your WORSHIPS and perfect the good work he hath begun in you, that you may appear blameless in the day of the LORD.

OXON. From S ^t . Marie Hall; this 1. of April, An. Do. 1602.

Your Worshippes most humbly to command. GABRIEL POWEL.

The Contents of this Treatise.

Chap. 1.
Of the Kinds & differences of Usury. Pag n.
Chap. 2:
Of the Defini • ion of Usury. 9.
Chap. 3:
Of the Difference between Usury and Interest. 12:
Chap. 4:
Whether it be lawful to lend for Usury? 16:
Chap. 5:
That Usury is unlawful & damnable. 27:
Chap. 6:
Howe great a Sin Usury i • ? 38
Chap. 7:
Objections for Usury answered: 42:
Chap. 8:
Whether it be in a Mans own free choice to Lend or no? 55:
Chap. 9:
Whether it be lawful to borrow upon Usury? 58.
Chap. 10:
What Usurers should do with their gain? 67

CHAP. 1. Of the kinds and Differences of Usury.

THis word VSVRIE, is taken in divers senses & significations: Properly, and Improperly.

2 Properly, it signifieth the use of a thing, as is manifest by the Etymology of the word; for Usury is derived from using; Vsura, quasi vsus rei.

3 The name of VSVRIE is not evil, but the abusing of it, in applying it to evil trades and actions.

4 Improperly (Metonymice, Causa pro Effecto) when we take it for the increase that ariseth of it.

5 In this sense Usury is twofold Profitable and Vnprofitable.

6 Profitable Usury, is a gain or increase that ariseth from the labor and exercise of our lawful callings.

7 Profitable usury is twofold, Natural and spiritual, or Terrene and Celestial.

8 Naturallor Terrene Usury, is that gain which cometh and increaseth by tillage of the earth.

9 This usury is lawful, because it is the ordinance of God himself; the ancientest trade, first practiced in the beginning of the world. Genes. 3.23. Genes. 4.2.

Spirituallor Celestial usury is that gain and glory wherewith God rewardeth the graces and good works of his own children.

11 And this is either, Privatiue, or Positiue,

12 Privative Spiritual usury is when we forsake or resuse temporary commodities to gain eternal.

13 Of this Christ speaketh when he saith Math 19 29. Whosoever shall forsake houses, or brethren, or sisters, or Father, or Mother, or wife, or children, or lands for my names sake, he shall receive an hu • dred fold more, and shall inherit everlasting life.

14 Positiue spiritual usury is when we do any deed or act for God's glory, and the good of men, which shall be crowned in heaven.

15 This positive spiritual usury is twofold, Giving of Alms, and Imploying of Geds gifts.

16 Giving of Alms is munificence and liberality towards the poor and needy.

17 This is commended in the Scriptures. Prov. 19.17. He lendeth to usury to the Lord that is merciful to the poor. He is as it were the Lord's usurer; and shall be well rewarded.

18 And commanded by God himself. Deuter. 15.10. Thou shalt give him, and let it not grieve thine heart to give unto him. Math. 5.42. Give to him that asketh.

19 Imploring of God's gifts is the faithful disposing of those graces that we have received from God, to the advancing of his glory and the benefit of Men.

Of this Christ speaketh, Matth. 25.27. Thou oughtest to have put forth my money to the exchaungers, and then at my coming should I have received my own 〈 in non-Latin alphabet 〉 with usury. See Luk. 19.23.

Thus much of Profitable Usury. If followeth to speak of that which is Vnprofitable.

21 Vnprofitable usury, is a Gaine or increase unlawfully exacted or hoped, for the very duty of lending.

22 It is termed unprofitable, because in the ende it turneth into a curse, and to bitterness to the Receiver or Usurer.

23 Vnprofitable usury is either Ecclesiastical or Political and Civil.

24 Ecclesiastical usury is an increase unlawfully exacted for nothing, under color of prescription or duty.

25 Civil or Political usury is when gain and increase is raised from the use of worldly goods, which are things belonging to the civil and political estats of Men.

26 Political usury is twofold, Actual and Mental.

27 Actual usury is committed, when one doth any act for gain or increase.

And this is twofold, Liberal, and by Compact or Covenant.

29 Liberall usury is when he that borroweth desireth to make some recompense.

30 That which is received above the principal is usury; yet this is not to be condemned in three respects.

31 First Because it is the duty of thankfulness to make amends for a been fit received.

32 Secondly because it proceedeth frō the givers freewill Now what is more free then gift?

33 Thirdly Volenti non fit iniuria: If he will give it unasked and vncompeled, he hath no injury offered in the taking.

34 Usury by compact or covenant is when the lender covenanteth with the Borrower to receive again not only the principal, but also increase and advantage.

35 This usury is twofold Manifest and Covert.

36 Manifest usury is when one doth covenant to take ten (more or less) in the hundred for a year &c.

37 Manifest usury is twofold Less-Evil and More-Evil

38 Less-Evil. is either of the Rich, or of Orphans and widows.

39 Of the Rich who give money upon usury unto the Rich, to Merchants and Princes; though not unto the Poor.

40 Of Orphans and widows, when their Overseers, or Guardians do put out money for their use.

41. More evil and murdering usury, is when the poor is bound to the rich to pay increase for the lone only.

42 Covert or close usury, is when one lendeth money, and shorowdeth it under some other bargain.

43 As if I lend a man a 100 ^li . for a year, upon condition that he buy a horse of me (which peradventure is worth some 30. ^s .) and pay me for it 10. ^li .

So of Actual usury. Now of Mental.

44 Mental usury, is when one lendeth and doth not compact, but expecteth and hopeth for increase or gain.

45 Sole hope maketh an Usurer. If thou doest but expect to receive more then thy own, thou art an usurer, saith Augustine. Aug. in Psalm. 36. Ser. 33.

46 And CHRIST himself saith Luc. 6.35. Lend, looking for nothing again.

So much for the kinds and differences of usury. Now we will speak only of Civil Actual usury, which is commonly used amongst us.

CHAP. 2. Of the Definition of Usury

1 VSVRIE is a gain which by composition, compact, and agreement going before, is raken for the very duty of lending, not adventuring the principal; and that not only in money but in meat, ware, or anything that is valuable by money.

2 The Efficient cause of Usury is twofold, Principal and less principal.

3 The Principal and chiefest cause of usury is the DIVELL, who stir • h us up to oppression.

4 The less principal, or subordinate causes are covetousness, the love of our selves, and the hatred of our neighbor.

5 The Material Cause, is money, come, cile, or such like.

6 The Formal Cause is the composition, compact, or agreement.

7 The Final Cause is the enriching of our selves, by impoverishing of others.

8 Usury is a Gaine, because it is an increase above the principal, for the use and lending only.

9 Lending is a contract which transferreth the dominion & right of a thing to another, with promise to have the same thing delivered again, without price or consiceration.

10 Lending is twofold Mutuation and Accomodation.

11 Mutuation is when a man lends anything & looks but to have his own again in the same kind.

12 As when I lend money, I look not to have the same money again; but other, of that kind, in the same measure and quantity.

13 Accomodation is when a man lends something, and looks to have the same again in his own individual property.

14 As if I lend a horse, I look to have the same horse again, and not another.

15 Usury is properly & truly in that lending which is termed Mutuation & in no other contract.

16 Usury is by Compact, composition, and agreement going before.

17 A Compact or Composition is twofold, Silent and Express.

18 A Silent Compact is when consent and Agreement is intended: As,

19 When a man comes to an vsu ei, to borrow money, he tells him, that he will allow him after 10. in the 100 although the usurer saith nothing; this is a kind of compact. Or,

20 If one comes to borrow money, and the usurer saith he will take after 10. in the 100 albeit the borrower saith nothing, but takes the money; it is a kind of compact.

21 An express compact is either Bare or Shrowded.

22 Bare compact is when one comes to borrow money, the Usurer asketh him if he will give use for it, the Borrower saith, he will.

23 Shrowded cōpact is either in Words or in writing.

24 In words when the Borrower passeth his promise for payment of use.

25 In writing when the Usurer takes specialty for the use of his money.

CHAP. 3. The difference between Usury & Interest.

1 THe Usurers to gloss with the world are wont to confound the names of interest and usury.

2 But the difference between them is manifest by the desinition of both of them

3 Usury is defined before. Cap. 2. Posit. 1.

4 Interest is a debt which one oweth to another by the law of Nature and Aequitie.

5 INTEREST is due two manner of ways, By reason of Loss suffered; and By reason of Gaine hindered.

6 By reason of loss suffered: As when I borrow money for another, and enter by bond for it, and take the like of him that receiveth the money, I may lawfully recover that I loose by that money.

7 By reason of Gaine hindered: As if I being a Trades-man lend my money freely to my Neighbor till such a day, having then occasion to use it at some Faire, to lay it out in ware: if he break touch, I may lawfully take so much as I sustained loss, for want of money to lay out.

8 If a man sustain no loss or hurt, or can forbear the money so deferred, if then he take anything for the forbearance, it is Usury and not Interest.

9 For Interest is so called, because one may say inter fuit mea habuisse: It behooved me, it stood me upon to have it, and now by your default sustain loss.

10 The difference between them is great, and easy to be discerned.

11 Usury is an over plus or gain taken more then was lent.

12 Interest is neither gain nor overplus above the principal, but a recompense demanded and due for the loss that is suffered, or the gain that is hindered through lending.

13 Usury groweth due by lending, from the day of borrowing until the appointed time of payment.

14 Interest is never due but from the appointed day of payment forward, for so long as I forbear my goods after the day in which I did covenant to receive them again.

15 In usury I seek to be a gainer.

16 In Interest seek only to be no looser; gain or profit I seek none.

17 Usury is against all equity, conscience and reason.

18 Interest standeth with equity, conscience and good reason.

19 Object. But here it will be objected. Why then doth Solomon condemn Interest as well as Usury, for so he saith, Prov. 28.8. He that increaseth his riches by usury and interest gathereth them for him that will be merciful unto the poor.

20 Ans. Here is 〈 in non-Latin alphabet 〉 The Hebrew brewe hath it 〈 in non-Latin alphabet 〉 Beneshech vetarbith: by usury and increase or superabundance. So do all the Interpreters that I saw translate it, saving our English.

21 The Septuagint read 〈 in non-Latin alphabet 〉 . Vsurâ & s • perabundantiâ.

22 Tremellius, Leo Judah, Lavaterus, Vatablus, Pagninus and Mercerus have, Vsurâ & foenore.

23 Arias Montanus. Vsurâ & augmēto.

CHAP. 4: Whether it be lawful to lend for Usury.

1 THat it is not lawful to lend for usury, appeareth as well by Testimonies as a so by Reason.

2 By Testimonies, Of the Law, of Councils, of Doctors, of Philosophers, of Poets, and of the Constitutions of this Land.

3 The Law is four-fold, The law of Nature, the law of God, the Civil & the Canon law.

By the law of Nature to lend upon usury is unlawful, because it is 〈 in non-Latin alphabet 〉 , contrary unto Nature: which thus I prove.

Cesare.

4 It is unjust to exact any money where there is no commutation.

But an usurer the principal being safe, doth exact usury not for anything else, but for the duty of lending only.

Ergo, It is unlawful and unjust to exact usury.

Ferio.

5 A thing that is unfruitful by Nature is not to be transferred as fruitful.

But money is a thing that is unfruitful by Nature.

Ergo, For the lone of Money nothing is to be exacted; especially the principal being safe.

Ferio.

6 The price must not be merchandise or ware. Money is the price. Ergo, &c.

7 The Proposition is proved, because when the price is merchandise, the vsuter always gaineth somewhat above the price. So there is something added for nothing, in which there is an inequality.

8 The Assumption is apparent from the invention of Money; Money ought to be a rule and measure to apportion every man his own; but no marchandising thing.

Baroco.

9 Money was invented for commutation and exchange; not that money should ingender or beget money.

But in usury there is no cōmutatiō Ergo. Usury is unlawful.

10 By the law of God, no man may lend upon usury.

11 Exod. 22.25. If thou lend money to my people, that is, to the poor with thee, thou shalt not be as an usurer unto him: ye shall not oppress him with usury, or impose usury upon him

12 Levite. 25.35 36 If thy brother be impoverished & fallen in decay with thee, thou shalt relieve him, yea the stranger & soiorner that he may live with thee. Thou shalt take no usury of him nor vantage, but thou shalt fear thy God, that thy brother may live with thee. Thou shalt not give him thy money to usury, nor lend him thy victuals for increase.

13 Here we must understand, that it is not only the laborer that by his daily work getteth his living, nor yet the mean husband-man, that is called poor or said to be impoverished in the Scriptures.

14 But also the Rich Farmer, the wealthy Merchant, the landed Gentleman, or others of great calling, who fall into decay, and wax poor, so that they have as great need to borrow, as any poor laborer.

15 So then, the meaning is, If thy brother (whether he be laborer, artisicer, husband-man, Yeoman, merchant, gentleman or noble man) be decayd, & his state begin to fall:

16 Then thou shalt lend unto him freely, to help him, to uphold him, to maintain his lawful estate and calling.

17 Thou shalt not impose usury upon him, that is, whē he is falling, thou shalt not strike him down & tread him under thy feet, but shalt take him by the hand, uphold him frō falling, & let thy strength and thy wealth support his weakness.

18 But shalt relieve him, thou shalt not answer him as Nabal answered David, Who is David? &c. 1. Sam. 25.10. 19 Deu. 23.19.20. Thou shalt not give to usury to thy Brother: as usury of money, usury of meat, usury of anything that is put to usury. Unto this stranger thou mayst lēd vpō vsu. but thou shalt not lēd vpō usury to thy brother. That the L. thy God may bless thee in all thou setst thine hand to, in the land whither thou goest to possess it.

20 In these words, there is an opposition between this stranger, that is, the cursed Canaanites, and the Jews.

21 By Strāger in this place are meant the Hittites, the the Girgashites, the Amorites, the Canaanites, the Perisites, the Hivites, and the Jebusites, and no other stranger: as appeareth Levite. 25.35.

22 These the Israelites were commanded to destroy. Exod. 23.27 &c. Numb. 3.32. Deut. 7.1.2.16.

Ferio.

23 That which the Lord permitted the Jews to do, for the punishment & destruction of the cursed Canaanites, cannot possibly be turned to a blessing to God's childrē

But it was to lend upon usury which the LORD permitted the Jews, only to the cursed Cananits, for a kind of punishment to destroy them with all.

Ergo. To lend upon usury cannot turn to a blessing unto God's children. And whosoever lendeth to another upon usury, whether it be unto rich or poor, it is to punish, and to destroy him.

24 The Lord addeth Deut. 23.20. That the Lord thy God may bless thee in all thou settest thine hand to; to persuade men, freely and without usury to ende to them that are impoverished and decayed.

25 As if the Lord had said; As thou wouldest have me to Bless thee: So help thou & relieve him that is decayed.

26 Psal. 15.5 He that giveth not his money unto usury, nor taketh reward against the innocent, he that doth these things shall never fall.

27 Prev 28.8. He that increaseth his riches by usury and increase, gathereth them from him that will be merciful to the poor.

28 That is, The Lord by his providence will defeat the Usurer of them, & give them unto such as be more merciful & charitable. See Prov. 13.22. Job. 20.15.

29 Ier. 15.10. I have not lent vpō usury.

30 Ezech. 18.13. He that hath given forth upon usury, or hath takē increases, shall he live? He shall not live, seeing he hath done this abomination.

31 Ezech. 18.19. He that hath not received usury nor increase, he shall not die in the iniquity of his Father, but he shall surly live.

32 The same Prophet displaying the transgressions of Jerusalem saith. In thee have they taken gifts to shed blood, thou hast taken usury, and increase, and thou hast defrauded thy neighbors by extortiō, and hast forgotten me saith the Lord God. Ezech. 22.12.

33 Luk. 6.35. Lēd looking for nothing again, & your reward shall be great.

34 In that Christ saith Lende, he biddeth not to give, but would have the principal to be restored: only he commandeth that nothing should be exacted more then was lent.

35 By the Civil law, it is forbidden to lend upon usury 1. Because the law saith That it doth not disdain to imitate the sacred Canons, especially in cases concerning Matrimony and usury.

36. 2. Because Justinian saith that he embraceth the 4. General Councils, & in the Nicene which was one of the 4. usury is forbidden. Dist. 47. Ca. Quoniā.

37. By the Canon law, it is forbidden also Vide Decr. Iul Gelas. Mart. Leonis, Caus. 14 q. 4 & Dist. 47. c. Quoniam.

38. General Councils have condemned usury. Council. Arelatens. Terraconens. Agathens. I N Nicene. Martini Papa. Of which see Caus. 4. q. 4. Also Eliher. Dist. 47. Can. Siquis clericarū, Furones Lateran Vide Decr: Greg: l: 5: T: 19 De Vs. C. 3. And Laod. Vide D. 49. c. Non licet.

39 All the Auncient Fathers of the Church have abhorred, and written against this Sin: As Chrisost. in Oper: Imperf: Hom: 12: in Math: 5: Lactan: De Vero Cultu Lib: 6: cap: 18: August: in Psa: 36: Hieron: lib: 6: in Ezech: 18: Leo: Ser: 6: De ieiunio decimi men's: ca: 3: Basil: Com in Psal: 14: Ambrose: lib: 6: Epist: 70: & lib: De Tob: c: 3: 4: 5: & 7:

40 Philosophers have condemned it: Plato lib: 5: De Leg. Aristot: lib: 1: Polit: et lib: 4: Ethic: Nich: Cicer: lib: 2: Offic.

41 Poets have exclaimed against Usury, as Lucan. l 1. De Bell Civ. Hinc Vsura vorax auidum{que} in tempore foenus, Vide L. Sex. 5 T. 5. de Vs. And Auson. Ecl. de Amb: vi: elig: — turpia lucra Foenoris, et velox inopes Usura trucidat.

42: The laws and constitutions of England have prohibited and fobiden this sin: 20: H: 3: cap: 5: & 14: E: 3: Cap: 5: & 3: H: 7: cap: 6: 6. & 33: H: 8: Cap: 9: & 06 5: & 6: E: 6. & 13. Eliz: Cap: 8:

So much for Testimonies; It followeth to prove that it is not lawful to lend upon usury by Reason.

43 First then, usury is intolerable, Because the fowl vice of Avarice is the root of usury.

44 Secondly, Because it is wicked to desire and exact gain of another man's labor.

45 Thirdly, Because he that payeth usury is greatly endamaged; & the Usurer receiveth gain without the loss of any of the principal, howsoever the matter goeth.

46 Fourthly, Because usury doth daily torment & assault his conscience that taketh it, and extenuateth the substance of him that giveth it.

47 Fifthly, Because there were grievous punishments inflicted for this sin upon him that was an Usurer, by the Civil & Canon laws.

48 By the Civil law A manifest Usurer is not capable to mak a will of his goods. The Ancient laws of the Romans punished a thief with the restitutiō of twofold, but the Usurer of four fold. Cato. l. 1 de re Rust. ca. 1.

49 By the canon law vsu. was prohibited either to the Clergy or to the lay people.

50 If any of the Clergy did take usury, he should be degraded, and made it reguler Conc. Nicene. 18, Dist. 33. c. Martis Dist. 46. c. Seditio.

51 If any of the Laity were an Usurer, 1. He should be suspended from the communion.

52 2. He should be excommunicated out of the Church.

53 3. He should not be admitted to Christian Burial Vide Decr. Greg lib. 5. tit. 19. De Vsuris. & Caus. 14 q. 4. &c.

CHAP. 5. That Usury is unlawful and damnable.

Arg. 1. A Definitione Rei.

Barbara. 1

All gain that contrary to the word of god, is expected or exacted above the principal, for the very duty of lending, is unlawful and damnable.
Usury is such a gain, as appeareth Exod. 22.25. Lev. 25.37. Deut. 23 19. Eze. 18.8. Ps. 15.5. Luc. 6.34.
Ergo Usury is unlawful and damnable.

Arg. 2. Ab Etimologia seu Appellatione vsurae.

Datisi. 2

The Appellation whereby anything is termed doth also partly declare the nature of the same.
But the Appellations of usury, both in the old and New Testament do signify a hurtful and monstrous thing.
Ergo Usury is hurtful & monstrous.

3 The Assumption is proved. First usury in Hebrew is termed 〈 in non-Latin alphabet 〉 neshech Exod. 22.25. which signifieth biting, derived of 〈 in non-Latin alphabet 〉 nashach, to bite, or to gnaw as Serpents and Mice do.

4 As venomous Serpents do sting and destroy the body with their poison, and as Mice if they gnaw the loaf within, they will make it become unprofitable for the use of Man.

5 So usury destroyeth, biteth, and devoureth a man's substance very speedily, & vexeth the body with present pain; & poiseneth & polluteth the soul with the contagion of eternal damnation.

6 An usurer is called 〈 in non-Latin alphabet 〉 mashich because he giveth the bite: and the borrower is called 〈 in non-Latin alphabet 〉 noshech, or 〈 in non-Latin alphabet 〉 nashuch, because he is bitten.

7 The second appellation whereby it is called in Hebrew, is 〈 in non-Latin alphabet 〉 tarbith, Levite. 25.36. which signifieth increase; derived of 〈 in non-Latin alphabet 〉 ravah, to be multiplied, to grow, or increase, Deut. 30.16.

8 It is so called because userers attribute increase and multiplication unto a thing unfruitful by Nature, which neither can increase nor multiply: and this by the testimony of the Ethnics, is contrary unto Nature & monstrous.

9 Usuries are also called 〈 in non-Latin alphabet 〉 techachim, which signifieth Deceits, Psal. 72.14. derived of 〈 in non-Latin alphabet 〉 tachach deceit, or fraud, because usury is never without deceit.

10 In Greek usury is termed 〈 in non-Latin alphabet 〉 , which is derived of 〈 in non-Latin alphabet 〉 , to bring forth, or to beget.

11 It is also called 〈 in non-Latin alphabet 〉 increase, which terms do not obscurely note the monstruositie of it.

12 In Latin it is called Foenus, quasi foetus, increase as it were a child, or thing begot̄: & vsura quasi propter vsum res, Usury as it were for the use of a thing.

13 Because contrary unto nature money being a thing unfruitful, is compelled as it were, to beget & bring forth fruit.

Arg. 3. A Coniugatis.

Syllogismus connexus primo modo.

14 If userers be excluded from Jehovah his tabernacle; Ergo Usury is a thing unlawful and damnable.
But the Antecedent is true: as appeareth Psal. 15.5.
Ergo. The Consequent is true also.

Arg. 4. A toto & partibus.

Enthymema.

15 To usury there wāteth the principal part of a Contract, vid. merchandise or ware: for a Contract is Actus contra actum, where there is Quid pro quo.
Ergo. It is no contract; and so a monstrous and an unlawful thing.

16 The Argument holdeth for one principal part being destroyed, the whole is destroyed.

Arg. 5. A Divisione.

Darij.

17 To condemn those things, which are forbidden by the law of Nature, by the law of God, by the laws Civil and Canon, and by many godly constitutions of Princes both ancient and late, is necessary, godly, and just.
But to take anything above the principal for the lone only, is condemned by all these laws.
Ergo, The condemnation of usury is necessary godly and just.

Arg 6. A Causis.

Barbara.

18 Of what thing so ever the causes are evil that thing it self is evil.
Usury is a thing whose causes are evil; as is declared before. Cap. 2. Posit. 2. &c.
Ergo, Usury it self is evil.

Arg 7. Ab Effectis.

Barbara.

19 That thing whose effects are evil, is also evil.
Usury is such a thing, as is proved Cap. 6. Posit. 2.
Ergo, Usury is evil.

Arg. 8. Ab absurdis.

Darij.

20 That which being taught and received, many absurdities and inconveniences do follow, cannot be true, certain, and firm.
But out of that doctrine which teacheth that it is lawful to take usury arise many absurditres.
Ergo, That doctrine that permitteth usury, is neither true, certain, nor firm; but false and into enable in the Church.

The Assūptiō is manifest for first, It is against the manifest text of Scripture

22 2. It extinguisheth faith & charity

23 Thirdly, It taketh away the law of nature.

24 Fourthly, It annihilateth the godly constitutions of Princes.

Arg 9. A Necessario.

Datisrij.

25 The commandments of God are necessarily to be obeyed.
But God hath commanded to lend looking for nothing for the leave: Luk: 6: 34:
Ergo, we must do so.

Arg: 10: Ab Impossibili:

Celarent:

26 It is impossible that faith & an evil Conscience should at the same instance be joined together, in the same man.
All Usurers have an evil conscience.
Ergo, No Usurer hath faith. And consequently it is impossible for them that wittingly and willingly persevere in this sin to be saved

27 The Assumption appeareth because the Usurers sin against their own conscience; which is manifest.

28 First, because they will not willingly be known to be Usurers: yea some will swear and stare they are no such men.

29 And therefore they conjure faithful secrecy of the borrower, or they color their usury under pretence of some lawful contract.

30 Secondly, Because that though they be known and reputed for common userers, yet they take it a great disgrace so to be called and termed of others.

31 Thirdly, because they will not call usury, usury, but vsance, interest, or consideration, being indeed ashamed of the direct name of usury.

32 So thē the Usurers sin willingly and of set purpose, they follow a practice contrary to the check, touch, and light of their own conscience; & therefore as Paul speaketh they are damned of themselves: Tit: 3: 11.

Arg: 11: A minori ad maius:

Enth:

33 Theft is unlawful & damnable:
Ergo, much more is usury so.

34 The Consequence is good, because userers do steal daily without ceasing having no need: Thieves steal but sometimes, being urged by necessity: Therefore Usurers are worthy of greater punishment then Thieves are.

Arg. 12. A Contrario.

Enthymema.

35 To help & to destroy are cōtraries.
Ergo, They cannot be both at once, at the same time, & in the same respect attributed to the same man.

Therefore that brag of the Usurer is an impudentlie, when he boasteth that oftentimes he helpeth and enricheth them that he lendeth money unto.

Arg. 13. Ab Oppositis.

Syllogismus connexus primo modo.

36 There are two kingdoms, the kingdom of God, and the kingdom of the Devil.
But in the kingdom of GOD there is no sin, and usury is a sin.
Ergo, It followeth that all userers as long as they do not repent & leave their sin, are of the kingdom of the Devil.

Arg. 14. A Natura Relativorum.

Enthymema:

37 In lēding there is no marchādise.
Ergo, There must no price be paid. For he that asketh a price giving no merchandise for the same is a damnable usurer.

Arg. 15. Ab Exemplo.

Enthymema.

38 Nehemiah's did well in prohibiting usury. Neh. 5.7.11.
Ergo, Those Magistrates which prohibit and repress usury do well likewise.

Arg. 16. ab Authoritate sacrae scripturae.

Enthymema.

39 Neither did the Prophets, nor Christ, nor the Apostles ever allow and grant that usury is lawful, but rather they prohibited and condemned it.
Ergo, They who either allow or permit usury, do by a wicked & rash presumption depart from the verity of the Scriptures, & contemn the word of God.

CHAP. 6. How great a sin usury is.

1 THe grievousnes of this sin appeareth by the Effects of it.

2 The Effects of usury, are to be considered, either in respect of the usurer, or in respect of the Borrower.

3 In respect of the usurer, the effects are;

4 Goods gotten by deceit and guile, by robborie, sacrilege and murder.

5 The perturbation and breaking of society.

6 The wrath of God, malediction, evil conscience, the tyranny of Satan.

7 The murdering of the poor; the envying of other men's lives.

8 A riotous and tragical spending of goods after the userers death.

9 The subjecting of goods to malediction.

10 Eternal dānatiō of body & soul; &c

11 In respect of the Borrower, the effects are;

12 Poverty, hunger and thirst, nakedness, grief, death, &c.

13 Usury is compared to a ship wrack, wherein nothing is saved, because the usurer consumeth all.

14 To a raging fire, that never ceaseth before all the house be devoured.

15 To dung, into which if any man fall, he must either speedily run away, or lie very still, or else he shall be all mirie: so a man must have no dealing with usury.

16 To the stinging of Serpents: for usury so poisoneth a man's substance that it shall have the rot, and consume away.

17 To a deadly and contagious Ague, whereby the poor are cast into shaking fits, and at last consumed, and pined to the bones.

18 To a gulf or whirl pool, which devoureth souls, and utterly wasteth wealth.

19 An Usurer is a thief, because he stealeth from the poor borrower that little he hath.

20 An Usurer is a ravenous vulture, that will pick the guts out of a man's belly.

21 An Usurer is a Murderer, because with a age cruelty, he eateth up, & slayeth the borrower & his family, whō he should relieve with all works of charity.

22 An Usurer is an Idolater, for he is covetous, and covetousness is Idolatry, Ephes: 5.5: Coloss▪ 3▪ 5.

23 And Usurer is like unto the Devil, who continually seeketh whom to devour; so the Usurer night & day still devoureth the borrower

24 What wickedness then is VSVRIE wherein at once woeful ship wrack, raging fire, filthy dung, venomous poison, contagious sickness, & a devouring gulf, is caused by a Thief, a ravenous Vulture, a Murderer, an Idolater, and one that is like unto the Devil himself.

25 Usury is such a darte that the Usurer therewith striketh without a weapō, he menaceth without handling, & stayeth without touching the body.

26 David joineth usury with deceit, because usury is never without deceit. Psal: 55:11.

27 Ezekiel calleth him unjust that lendeth upon usury. Ezech: 18: 8.

28 Usury is an abominatiō Ezek. 18.13

29 The Lord will take away from the Usurer even that he hath, & give it him which will be merciful to the poor. Prov. 28: 8.

30 Usury excludeth and shuteth him that practiseth it, from entering into Jehovah his tabernacle, and from resting in his holy mountain. Psal: 15, 5.

CHAP. 7. Objections for usury answered.

OBiect: 1: God alloweth some kind of usury for Deut: 23: 20: it is said: Of a stranger thou mayest take usury

2 Answ: But thou takest usury of thy brother, therefore this condemneth thee, because thou usest thy brother like a stranger.

3 By the name of Straunger in that place are signified the cursed Cananits: See Cap: 4: Posit: 21: So also doth Ambrose: lib: De Tobia, cap: 15: Paulus Fagius Annot: in Caldaic: Paraphras: in Deut: 23: 20: Tremel: & Junius Anot: in Deut: 23: 20: expound it.

God doth not license the Jews to take usury of any, but of their enemies whom they might kill.

5 Showing that usury is such a punishment, as if we are to kill a man, it were a fit punishment for him.

6 But now, we are alone body, we have alone spirit, one hope of our calling, one Lord, one faith, one Baptism, one GOD and Father of all, which is above all, and through all, and in us all.

Therefore amongst us there is no stranger

7 Object: 2: The Law of Moses concerning usury, is only political. Therefore we are not bound to it further then equity & humanity permitteth.

8 Answ: It is not political, but mortal: The law saith, Exod: 22: 25: Ye shall not oppress him with usury:

Barbara.

9 Oppressiō is a breach of the moral law Usury is Oppression.

Ergo, Usury is a breach of the moral law

10 David Psal: 15: 5: reckoneth it among moral duties:

11 Ezekiel hedgeth it in between Bribery & Extortiō, which are notorious breaches of the moral law: Ezek: 22: 12:

12 Object: 3: The law forbiddeth lending upon usury to the poor and needy ONLY, Exod: 22: 25: Levite: 25: 35.

13 Answ. This is no good cōsequēce, that he might borrow upon usury, then that he might not borrow at all.

19 God in the laws of usury did specially & by name forbid lending in that manner to the poor for two respects.

20 First, to show what care HE HIMSELFE hath over them, who are commonly and usually neglected of men.

21 Secondly, because the poor are sonest & easiest oppressed of the rich; as the lowest hedge is easiest stepped over.

22 Ob. 4. Moses saith, Exod. 22.25. Ye shall not oppress him with usury. Ergo, If I oppress not my brother with biting usury; I may take some usury and increase of him.

23 Ans. All usury biteth; and therefore all usury is unlawful, albeit one biteth sooner then another, & one sooner perceived then another.

24 But to remove this excuse from us; god hath forbid̄ all increase for lēding, and that in all things that may be lent A man may not take usury of the Poor: Ergo, he may take of the rich.

14 Solomon saith, Prov. 22.22. Rob not the poor because he is poor. Shall I thence conclude; Ergo, I may rob the rich because he is rich.

15 The law saith, Deut. 27.24. Cursed be he that smiteth his neighbor secretly. Shall I thence conclude; Ergo, It is lawful for a man to smite his neighbor openlie.

16 Moreover, if the law of lending to the poor without usury, should infer the lawfulness of lending to the rich vpō usury: It is manifest that God's intēdmēt in that place, for the benefit of the pore; should rather prove an hurt and hindrance unto them; because by this means it would come to pass, that the poor should not borrow at all.

17 For who would lend to the poor for nothing, that could lawfully lend unto the rich for usury?

18 Surely it were better for the poor by mutuation. Lev. 25.36.37. Thou shalt take no usury of him nor vantage. Thou shalt not give him thy money to usury, nor lend him thy victuals for increase.

25 Ezekiel condemneth the people of his time, not only for taking usury, but also for taking of increase. Ezek. 22.12. Thou hast taken usury, and the increase.

26 Ob. 5. Usury is nowhere prohibited in the new Test. Ergo, It is lawful, or at least wise tolerable.

27 Ans. It is a monstrous blasphemy against the Gospel of Christ, to affirm that the New Test giveth more liberty to sin, then the old.

28 Yet this objection thinketh Usury is no sin, because it is not condemned in the New Testament.

29 But that is no good Argument, for Poligamie, Tyrāny, Treason, Jealousy, &c. are sins, and manifest breaches of the moral law; and yet they are not condemned by those very names in the Newe Testament.

30 Furthermore; Usury is forbidden in the New Test. For the Gospel goeth further in this case, then the law. The law forbiddeth usury: but the Gospel commandeth the contrary virtue, that is, free lending without increase. Luc. 6.35.

31 Also, usury is manifestly against these places. Matth. 7.12 Matth. 5.42. 1. Thes. 4.6. Ephes. 4.28.

32 Ob. 6. The usurer saith, I lend for compassion; and by my money many are relieved, and the poor thereby avoid danger.

33 Ans. To be partaker in our gains, & not in our losses is Usurers compassion and charity.

34 The good that Usurers do unto the poor is like the good Men in hot agues have of drinking cold water, which for a time refresheth, but at length increaseth their pain, and prolongeth the disease.

35 So at the beginning, usury is mild, but in the end, it is merciless.

36 The Usurer pleadeth love, but not for thy sake, but for his own: as the Ivy colleth & claspeth the Oak, as a Lover. but thereby it groweth up, and overtoppeth the oak, and sucketh up the juice and sap thereof, that it cannot thrive nor prosper: Such a blood sucker is the Usurer.

37 The worm Teredo is soft to touch, but it hath such hard teeth as it devoureth and consumeth the hard timber: So the Usurer is a soft beast at the first to handle, but in continuance of time, the hardness of his teeth will eat a man up, flesh and bone, if he have not an especial regard to shun him.

38 The Catte playeth with the Mouse; But the play of the Catte is the death of the Mouse: So the Usurer pleaseth the Borrower; But the pleasure of the Usurer is the bane of the Borrower.

39 The Scorpion laugheth when he striketh, and the Crocodile weepeth when he woūdeath: So the Usurer laugheth and then oppresseth: he pitieth & then he pintcheth the poor Borrower.

40 Objection. 7. I do not sin saith the Usurer, nor break the rule of Charity: I do to others, as I desire that others should do unto me, as Christ bad us. I would with all my heart, give ten in the hundred, if I weere forced to borrow.

41 Aunswere No man would give 10 in the hundred, if he could tell howe to borrow freely: but seeing they can get it no better they are content to give ten.

42 That saying of our Savior Christ. What soever ye would that men &c. must be understood of good things only, or else many absurdities should follow; as,

43 I would that some man would kill me. Ergo, I may kill another in like manner. As many a desperate man with all his heart wisheth.

44 Wherefore, seeing to take upon usury, 10: for the 100: is not simply good, but less-evil, then to take 16.20.30. or more: Therefore albeit thou for a further gain, or upon extreme necessity, to avoid a further misciefe, sometimes wouldest give so to others, yet shall not that excuse thee, so to take usury of thy poor and needy brother.

45 Object. 8. Usury is necessary for Orphans, Widows, and Strangers which have no other way to get their living.

46 Answ. If usury be evil in it self, and condemned by God; then can it not be good in any. For what is simply evil, is evil in all, albeit in some more, and in other less evil.

47 Rom, 3.8. We must not do evil that good may come thereof. Therefore we must not relieve the fatherless & widows by usury.

48 Object. 9: The Usurer will say, Alas I have no other trade to live upon I must therefore live by usury.

49 Ans. So may the Thief say; Alas I have no other trade but robbing, I must therefore live by that.

50 This excuse in other wickedness will not serve. Therefore neither in usury.

51 Object. 10: The laws of the lande do allow to take 10: in the 100: Ergo I may take so much.

52 Answ. The law of MAN cannot abrogate or disannul the law of GOD.

33 The Usurer herein is like the Jews, who said We have a law, and by our law he shall die, Job 19.7. when they could not say, By God's law he shall die: they said By our law he shall die.

54 So when the usurer cannot say, By God's law I may take usury; He saith, By man's law I may take usury.

55 As it would not serve Adams turn to say, The woman had me; So will it not serve the userers turn, to say, The Law doth license me.

56 Yet herein the usurer standreth our law, for the law alloweth not 10. in the 100. nor 5. in the 100. but punisheth that Tyrant that exacteth above 10. in the 100.

57 Ob. 11. Many learned Divines do tolorate usury, & write in defense of it. Ergo, It is not unlawful.

58 Answer. No writer that ever I could see, or hear of, ever allowed VSVRIE.

59 There are many strong poisons, which the learned Pysician can so qualify, that a sick Person may take a potion wherein some of the poison is.

60 So holy men of God have done, and do temper and qual fie the userers poison, that they make thereof a wholesome medicine for many distressed Persons.

61 For by their holy and religious caveats, and lessons, they alter the quality of the usury, and make it indeed no usury at all, but a lawful kind of trade and dealing.

62 First they teach, That a man must take nothing, but that which his Debtor can get by good and lawful means.

63 Secondly. He may not take more then the gain, nay not all the gain, nor that part of the gain which drinketh up the living of him that useth the money.

64 Thirdly. He must sometimes be so far from taking gain, that he must not REQVIRE THE PRINCIPALL, if his debtor by inevitable & just causes be brought behind hand, and it be also plain that he could not make, no not by great diligence, any commodity of the money borrowed.

65 Now, how fare VSVRIE differeth from this kind of dealing, if our commō Usurers will not confess, woeful experience daily teacheth.

66 Object. 12. Lastly the Usurer will say: If I may not gain by money which I lend, I will lend no more, but keep my money to myself.

67 Ans. It is as bad to keep thy money from him that hath need, as to lēd upon usury: For Christ saith: From him that borroweth turn not away thy face. Math. 45: 42.

68 As he that keepeth his corn, frō the use of his neighbors and brethren. Prov. 11: 26: is accursed: So is he also accursed that keepeth his money, when safely he might lend it: Ezech: 18: Look Esa: 5; 8: Habac: 2: 9: Mich: 2: 2: 3: Luke 6: 24: Math: 6: 19: James 5: 1: Dent: 15: 8 Psal: 112: 5. Math: 5: 42: Luke 6: 35.

69 That servant that hid & laid up his Talent was punished; Math: 25: 14: 30. And he that will not use his money according to the rule of charity, shall be plagued with the wicked servant:

CHAP. 8. Whether it be is a man's own free choice, to lend, or no.

THe Children of this world, that think their wealth their own, judge it to be free from them, whether they lend or no; and think they do not sin, when they deny him that come to borrow of thē, if they can help him.

2 The Lord saith Deut. 15.8. Thou shalt open thine hand unto him, and shalt lend him sufficient for his need which he hath.

3 Christ also saith Math: 5: 42. Give to him that asketh, & from him that would borrow of thee, turn not away. See Luke 6: 34: 38.

4 Here we must consider two things, First, How we must lend? Secondly, Unto whom?

5 For the first, CHRIST requireth of his Children that they help their brethren, and neighbors; not only freely, without any gain, ( for so do the Sinners, Luke 6.34.) but also though it be to their loss and damage of the money lent.

6 Christ putteth a difference between his children and such as do not appertain unto him.

7 The Sinners are so just, that they will lend without usury, desiring nothing but only their own gain.

8 For even Sinners (saith he) lend unto sinners to receive (not any increase or vantage or anything above the principal, but) the like Luk. 6.34.

9 Out of this place, we that bear the liverey of Christ's name, & have undertakēan holy professiō, may learn how we ought to lend, unto our needy brother, and whether we ought to take usury of him, or no.

10 For the Second. Unto whom we ought to lend? we ought to lend: namely,

11 Unto them, that have not so much wealth as they are able to make restitution. For Sinners lend unto them of whom they hope to receive, again what they lent Luc. 6.

13 Not only unto our Frends, kinsmen, and brothers; but also unto Strangers, yea and to our Enemies. For sinners lend unto their friends and kinsmen. Luc. 6. Mat. 5.

14 Unto them, who are not able to give us thanks, much less to make us recompense. For Sinners lend unto thē that are able to thank them.

15 If we lend unto such; then shall we verily declare our selves, to be his sons, who letteth his Sun shine upon the just and unjust alike, and letteth his rain fall upon the kind and unkind.

15 This is it that Christ requireth of us: Lende (saith he) looking for nothing again, and your reward shall be great: and ye shall be the children of the most High, for he is kind unto the unkind & to the evil. Luc. 6.35.

CHAP. 9. Whether it be lawful to borrow upon usury.

Because in these days Charity is rather DEAD then COLDE, Men must either borrow upon usury, or they shall have nothing lent them at all.

2 There be two sortes of Borrowers upon usury, some RICH, and some POORE.

3 The Rich borrow because they would be richer, and richest of all.

4 And these are either Gentlemen, or Tradesmen.

5 Gentlemen, & cuntrey Farmers, they borrow upon usury, to purchase lands, and to enrich their posterities.

6 Trades-men, and Marchantes, employ all the money they can borrow, thinking to get more by the use of it, then the usury of it cometh unto.

7 These Rich-men, may not lawfully borrow upon usury as may appear. 1. By the Cause that moveth them to borrow. 2. By the Effectes that follow thereof.

8 The Cause that moveth Rich-men to borrow upon usury is, their covetous greedy Mind, that like Solomon's hoseleech, never crieth Inough, but Give, give They purchase all the lande they can compass, & make a pray of their poor Neighbors.

9 The effects that ensue of their borrowing are either common unto all these borrowers, or proper to each one.

10 The common Effects are these:

11 1. They feed the userers, as the bellows do kindle the fire; they maintain them, as the Receiver maintains the Thief.

12 2. They undo the Poor. For they give so excessiuelie much for the loan of money, that either they must give up house-keeping, or diminish their hospitality.

13 Whereby it cometh to pass, that the poor are neither set on work, nor relieved by the Rich.

14 The Effects, proper to each one are:

15 1. The Gentleman that borroweth upon usury, racketh his rentes, and so maketh his poor Tenauntes pay the usury.

16 2. The Farmer, or Yeoman selleth his corn, and his cattle so much the dearer, and maketh the buyer pay his usury.

17 3. The Trades-man, & Merchant inhaunce the price of their ware, and who so needs their merchandise, must pay their usury.

So much of Rich Borrowers upon usury: Now of the Poor.

18 The Poor Borrowers upon usury, are either Counterfeites; or Poor indeed.

19 Counterfeites, are they that would seem barer and needier then they are, and that for two respects.

20 First, Because they would not be deeply charged with Subsidies.

21 Secondly, Because they would cōpound with their Creditours for little or nothing.

22 These are they, whom Solomon speaketh of, Prov. 13.7. There is that maketh himself poor, having great riches.

23 These are those Foxes that having wealth enough to pay their debt, lie in Prison, because they would defraud their Creditours.

34 These Counterfeites will have always something for usury, that men may think them bare of money, and pity them in their charges.

25 Poor indeed, are they which borrow to supply their necessity; when they are like to be undone, their children to be cast away, & their lease to be forfeited.

26 This necessity is either extreme necessity, or not so extreme. It is lawful to borrow in any of both. See Cap. 4. Posit. 13.14. &c.

27 For necessity it was lawful for Adams Sons to marry with Adams Daughters; because there were no other women.

28 For necessity, it was lawful for David to eat the Shewbread; because there no other food. 1. Sam. 21.6.

29 For necessity, it was lawful to work, to heal & to fight upon the Sabbath day; which was not lawful but for Necessity. Luc. 13.10.

30 Therefore for necessity, why may not a Man pay more then he borrowed? Seeing no Scripture forbiddeth to pay more, but to require more.

31 Yet with this caveat, that the borrower entice not any man, to become an usurer, that is, unwilling to exercise that cursed Trade.

32 The Usurer must be willing to lend for usury, otherwise the borrower doth grievously sin, notwithstanding his necessity.

33 Here will be Objections made, against borrowing upon usury.

34 Ob. 1. Jeremiah saith, Ier. 15.10. I have not lent upon usury to others, neither have others lent upon usury to me: as though it were unlawful not only to take usury, but also to give usury.

35 Ans. Thereby Jeremiah doth signify, that he was no medler in the world, whereby they should envy HIM like other men; and therefore he cleereth himself chiefly from usury, because Usurers were most envied.

36 And to show that he was no Usurer, he saith he was no Borrower; which is more lawful, then to be an Usurer.

37 Like a man, which saith, I do neither hate him nor know him: & to prove that he doth not hate him; he saith, he doth not know him.

38 So Jeremiah, to prove that he had not lent upon usury, saith that he never borrowed upon usury, nor had any dealing with it.

39 Object. 2. Christ did cast out the buyers out of the Temple as well as the sellers.

40 Answ. But that was not for buying, but for buying in the temple where they should not buy but pray.

41 Object. 3. It is a common proverb: If there were no buyers there would be no sellers: if there were no brib-givers, there would be no bribe-takers.

42 Ans. But in this case, it may be rather said; if there were no Takers, there would be no Givers.

43 For the Giver doth not make the Receiver to take: but the Receiver doth make the Giver to give; because he will not lend, unless the other will give him for the loan.

44 Therefore as we say, The receiver makes the thief: So may we say, The receiver of usury makes the giver of usury.

45 There is no comparison between him that giveth usury, and him that receiveth usury. The ONE doth it for covetousness, and the OTHER of necessity.

46 He which lendeth for usury, lendeth for covetousness: but he which borroweth upon usury, borroweth for necessity.

46 Laban did evil in swearing by Idols: But Jacob did not evil in receiving such an oath of him, though it were an unlawful oath, Genes. 31.53.

48 Though the Usurer doth evil in taking usury; yet the Borrower doth not evil in giving usury.

49 If a man may lawfully pay, for any commodity, more then it is worth: wherefor may not he, as lawfully, restore more then was lent him?

50 It is lawful to suffer injury: though it be not lawful to offer injury.

51 To take usury, is as it were to offer injury, and to give usury, is as it were to suffer injury.

52 Therefore, though a man may not require more then he lent, yet may he give more then he borrowed.

53 The conclusion is this. No man must pay usury unto Usurers, but for necessity.

54 Even as a Traveler giveth his Purse unto a Thief; because he cannot choose.

CHAP. 10. What Usurers should do with their Gaine.

THe best thing is to do no mā wrong: but the next is, to make him amēds

2 The Usurer, because he hath transgressed against the first, let him endeavor to fulfill the second.

3 He that stole, let him steal no more; saith the Apostle Ephes. 4.28. But is that enough? No. What remaineth? He must make restitutiō. Levite 6.2.3.4.5.6 Exod. 22.

4 So, It is not enough, that the Usurer take no more usury, but he must restore that which he hath taken.

5 If a man cannot say, as Samuel said; Whose goods have I taken. 1. Sam. 12.3. Then must he say, as Zacchaeus said; Whose goods have I kept. Luke. 19.8.

6 As humility is the repentance of pride; and abstinence the repentance of surfeit; and alms the repentance of covetosnes; and forgiveness the repentance of malice: So is restitutiō the repentance of usury.

7 He which is not humble, doth not repent his pride; he which doth not abstain, doth not repent his gluttony; he which doth not give alms, doth not reap̄t his covetousness; he which doth not forgive, doth not repent his malice: So he which doth not restore, doth not repent his usury.

8 For how can he be said to repent his usury, which liveth still by usury.

9 As Daniel said to Nebuchadnezzar, Dan. 4.24. Break of thy sins by righteousness: So may it be said to the Usurer; Break of thy usury by restitution.

10 But as the Disciples of Christ said John 6.60. This is a hard speech: So saith the Usurer, that hath got̄ all his wealth by usury, This is a hard speech.

11 Object. If I restore all I have gotten by usury, (saith he) I shall have nothing left to live upon.

12 Ans. Zacchaeus did not fear howe he should live; but Zacchaeus feared to offend.

13 As the Prophet said to Amaziah; so may it be said to the Usurer; The Lord is able to give thee more then this. 2. Chro. 25 9.

14 Fear not to restore other men's goods; and try him that saith. Prove me now here with, if I will not open the windows of heavē unto you & pour you out a blessing without measure. Malachi. 3.10

15 Quest. What if a man cannot restore it to the right Owners, nor to their Heirs.

16 Ans. Then give it unto the Minister, and to the Poor, and repent that thou hast kept it so long.

17 Quest. Put case a man be fallen in decay, and be not able to make restitution as he would what then shall he do?

18 Ans. Let him acknowledge the fault, and God will accept the will for the deed.

19 For so Paul saith. 2. Corinth. 8.12 If there be a willing mind, it is accepted according to that which a man hath, and not according to that which he hath not.

20 Quest. What if the USURER be dead; Must his Heirs restore that which was gotten by Usury?

21 Answ. They may not keep it in any case; for it is none of theirs.

22 They must put away the execrable thing from among them: and Goodes gotten by Usury, and oppression, are execrable, unto the USURER, and his Heirs; as was the Wedge of Goulde that Achan stole. Joshua 6.16. They must make restitution then.

23 Though it be sweet in the beginning; yet as Abner said to Joab, 2 Sam. 2.26. Knowest thou not that it will be bitterness in the latter end?

24 If THEY be condemned which give not their own Goodes unto them that have need of it: How can THEY be saved that draw other-men's Goodes frō them that have more need of theirs!

Revel. 7.12.

Amen; Praise, and Glory, and Wisdom, and Thanks, and Honor, and Power, and Might, be unto OUR GOD for evermore; Amen.

FINIS.

Faults escaped in the Printing

Pag.	Lin.	Fault.	Correct.
21:	7:	the the	the
	13:	32	52
22:	22:	from	for
42:	9:	mortal	moral
44: 45:	These two pages are transposed, the latter must be read first, and the former followeth
44:	1:	he	they
	2:	he	they
52:	20.	oar	our
54:	13:	Matth: 45	Matth: 5
55:	6	is	in
	12:	come	cometh
56:	16:	gain	again
57:	Between the 11: and 13: Positions, this must be added. 12. Unto thē that never lent us anything nor are able to lend For Sinners lend unto thē of whom they have borroved.