this answere I haue no money to lend quoth the rich man but thou hast a good mare for which I will giue thee fiue nobles and so thou shalt haue money to doe thy needes alas quoth the poore man I am not able to spare my mare because shee is the greatest part of my poore liuing wel saith the rich man thou shalt presently haue her againe til a day if thou wilt enter into bond to giue me seauen nobles for her to which lamentable extortion the poore man was inforced to yeeld The fact is notorious my selfe knew both the parties right well as I said before this vsurer to the ensample of al others hath lately made a miserable ende I say secondly that in Hebrew it is called Neshech of the roote Nashach which doeth signifie to bite and that very fitly because it biteth poore men pittifully and as it were gnaweth al their silly substance from them I say thirdly that the gaine of the borrower cannot make vsurie without biting the reason is manifest because biting is included in the formal cause thereof for as it is alreadie proued in things consumptible with the vse the dominion thereof is translated by the loane to exact surplussage for the vse of a mans owne is meere iniustice and flat extortion For example if a rich Landlord should borrow of his poore tenant tenne pounds would not repay the same thankfully neither at all without some gaine if then the tenant not able without greater domage to recouer his money should giue to his landlord 40. shillings for the peaceable payment thereof in such a case the exacting of 40. shillings were mere iniustice and flat extortion and yet for al that the poore tenant should gaine by giuing the 40. shillings ad hereunto that money of it owne nature is fruitles and would yeeld no gaine at all without the industrie of man that imployeth it to vse The second obiection God himselfe allowed vsurie in the Iewes when they took â—surie of strangers onelie but not one of an other Vsurie therefore is not simply euil for God neuer approueth sinne The answere I say first that as one Iew might not take vsurie of another because they were al brethren no more may one christian of another as who are al brethren created by one and the same father redeemed by one and the same sonne sanctified by one the same holy Ghost three persons and one God and therefore do we al ioyntlie pray Our father which art in heauen I say secondly that God dispensed with the Iewes for the hardnes of their hearts that they might by vsury oppresse straÌ„gers that is to say the Amalechites and Ammorites Gods enimies and theirs because they had iustly deserued to be dispossessed not onely of their goods but of their liues also for God the eternal law maker is not so tied to his law but that he may at his good will and pleasure dispence with the same and therefore said Christ himselfe to the Pharises when they charged his disciples with the breach of the sabboth that the sonne of man is Lord euen of the saboth and according to the common receiued axiome priuilegium paucorum non facit legem communem a priueledge granted to some few cannot establish a common law yea S. Ambrose sheweth in a large discourse that the taking vsurie of the Amalechites and Ammorites cannot make vsurie lawfull amongst vs christians who so listeth may reade his words in his learned booke de Tobia The third obiection IT is lawfull for to take increase of money for the deliuerie of money at such a time in such a place for example I may take ouerplus in gold at Paris to deliuer gold at Lions Genua Millan or Rome for this is daily practised and neuer reproued by any learned writer I may therefore in like maner for the deliuerie of present money in Ianuary receiue increase of money in december and not thereby sinne at all The answer I answere that in these two cases great disparitie may bee found For in your deliuerie of present money increase is exacted only and solely for the loane But in the other deliuerie increase is required for assecuration sake that is to say the partie that deliuereth money or gold at Paris is in feare to fall among theeues and so to be dispoiled of all he hath in regard whereof he commeth to a banker who partly of charitie and partly to get an honest liuing keepeth seruants at Milan Lions and Genua with a stocke of mony in euery place To this banker the traueller giueth a competent consideration that he may haue his ticket to receiue so much mony when he comes to such a place or to his iourneis end Which increase this banker taketh not for the loane of his money for hee may rather be said to borrow then to lend but for the safe deliuerie of my mony at such a place and for the charges he is at by keping seruants to that only end Which thing is so farre from being vsurie that it is a very commendable and charitable act Yea in those countries where these bankes be allowed al vsurie is vtterly condemned And such as die knowen vsurers without satisfaction to the parties damnified cannot be buried among other christians The fourth obiection IF a man giue an hundred crownes in hand hee may haue for the same out of the bankes at Rome at Genua and at other places twelue crownes yeerly for the terme of his life or ten crownes yeerely to him and his assignes for euer Which increase is giuen for paying the money before hand and yet no learned man did euer reprooue this kind of dealing but rather hath highly commended the same The answer I answer that in these kinds of banks there is no vsury at all committed the reason hereof is this because these bankers haue lands in fee simple out of which they graunt for so much in hand either a yeerely rent of so many crownes for euer or at least for terme of life Which to do is a lawful contract as which is nothing else but to sell for an hundred crownes in hand the yeerely rent of ten crownes for euer And the same thing may be proportionably verified in all other like bankes and contracts Of certaine doubts or difficult questions tending to the perspicuous explication of Vsurie Cha. 9. The first question THere is in sundrie countries a banke called mons pietatis the mountaine of pietie This mount or banke was founded by certain deuout persons so then and this day esteemed for the honest help of poore and needy folke And this mons pietatis is virtually practised in many famous vniuersities The case thus standeth certaine men hauing a charitable care howe to prouide for the poorer sort that they might borrow money in their neede and not bee oppressed with vsury gaue great summes of money to be kept in a banke and appointed certaine chosen seruants
THE SPECVLATION of Vsurie Psalm 15. 1 5. Lord who shall dwell in thy Tabernacle He that giueth not his mony vnto vsurie nor taketh rewarde against the innocent Basilius in Psal. 14. Animalia pariendo desinunt cum foetus ipsorum parere incipiunt argentum vero foeneratoris tam antiquum quam nouum parit LONDON Printed by Valentine Symmes 1596 To the right Worshipfull sir Thomas Egerton knight the worthie master of the Rolles TRuly wrote the elect vessel of our Lord Iesus that vpon vs are come the ends of the world For as Christ tolde vs we see that in this last age Charitie waxeth cold that iniquitie hath gotten the vpper hand Now pietie is deemed follie now scurrilitie is reputed brauerie now fidelitie is iudged vanitie now periurie is thought skilfull pollicie now charitie is termed hypocrisie now deceitful dealing is highly commended and treason practised euery where now craftie Achitophels are much esteemed and faithfull Chusaies little or nothing at all regarded Now haue wee neede to exclame with Gods annointed Prophet Help Lord for good and godly men do perish and decay nowe faith and trueth from worldly men is parted cleane away Now now is nothing more frequent with the rich men of this world than to writhe about the neckes of their poore neighbours and to impouerish them with the filthie lucre of Vsurie Which Vsurie is this day amiably embraced of innumerable and so magnified of many that they blush not wiih brasen faces to defend it and to terme it a lawfull contract Yea some are so rauished with this kind of impietie that they haue sold their inheritance and thereby prouided a stocke of money which they lend out continually for this filthie lucre to the vtter vndoing of their honest needie neighbours In regard hereof that all Vsurers may behold the turpitude of their dishonest lucre and once haue true internall remorce for the same if it wil please our merciful God to bestow it on them I haue according to the measure of my smal talent imploied seriously my earnest study care and industrie in compiling this succinct and plaine Treatise Your Worships zeale in Gods true religion your painefull seruice in her Maiesties affaires your cheerefull countenance towards all loyall subiects your sincere proceeding in all maner of iustice aswel in the behalfe of the poorest as of the rich your rare great affection to all painefull labourers in Christs vineyard and especially your wonderfull kindnesse your vnspeakeable curtesies and other your manifold benefites towards my seely selfe the meanest of many thousands haue worthily deserued farre better things both of others and at my hands Your worship I know delighteth not to heare these commendations though in deede absit verbo adulatio they be farre inferiour to your condigne deserts For as it is truely said they are best worthie of true praise that least desire the same I therefore though not able to render condigne compensation for your manifold goodnes to me wards do humbly present vnto your Worship that which I may and as I can that is this my vnpolished Speculation as an infallible argument of my ready gratefull minde if power were correspondent vnto will Accept the gift I pray you heartily in good part as if it were a better thing so commending your Worship and all your actions words and thoughts to the grace of our good God I humbly take my leaue From my study this 18. of March 1595. Your Worships euer to command THOMAS BELL. ⧠Of the essence nature and definition of Vsurie The first Chapter BEfore I come to the precise description or definition of Vssurie I must require thee gentle reader to obserue two things with mee First that it is one thing to speake of vsurie it selfe an other thing to speake of the sinne of it Secondly that these words are fitly and plainely distinguished in the Latine tongue to wit cōmodatum locatum and mutuum which are confounded in our English tongue and taken onely for loane or the thing that is lent When therfore and so often as I shall speake of loane or the thing lent my meaning euer is to speake of that loane or of that thing lent which is called in latine mutuum which I heere admonish once for all to auoid confusion and tedious repetition in this my discourse following The sinne of vsurie is the exacting intending or receiuing of the vsurie or of that gaine which is giuen for the loane Usurie it selfe is that gaine which is exacted or principally intended for the loane of our money or of other things estimable with money I say first exacted because a thing giuen voluntarily in the way of gratitude is not vsurie neither doth it make the receiuer to be an vsurer if it haue not a deformed adiunct I say secondly principally intended because gaine intended secondarily doth not make vsurie nor him that desireth it to be an vsurer though the principal intention of it be inough for mentall vsurie as shall appeare hereafter I say thirdly of money or things estimable with money because vsurie may be aswell committed in other things as in money although many of the vulgar sort and some also that otherwise bee learned seeme not so to conceiue the matter This definition of vsurie may be euidently prooued out of the holy Scriptures in the olde and newe Testament as also by the vniforme consent of the ancient Fathers and by the constitutions made in councels of best approoued antiquitie Which thing shal be prooued copiously in the next Chapter following Of the deformitie and great sinne of Vsurie Chap. 2. WHen I consider Gods holy will reuealed in his sacred word the manifold testimonies of the ancient fathers and the decrees of approoued Synods I cannot but admire the condition of many in these our daies who are so farre from condemning vsurie that they doe not onely practise it but without blushing defend the same as an honest and lawfull thing I will therefore by Gods holy assistance so discouer the curpitude of filthie vsurie by three seueral testimonies as euery childe may with facilitie behold how grieuous a sinne it is The first distinction of the testimonie of the holy Scriptures THe first place of my first proofe is taken out of the booke of Exodus in these words If thou lend money to my people that is to the poore with thee thou shalt not bee an vsurer to him ye shall not oppresse him with vsurie The second place is conteined in Leuiticus in these expresse words If thy brother be impouerished and fallen in decay with thee thou shalt relieue him thou shalt take no vsurie of him nor vantage but thou shalt feare thy God that thy brother may liue with thee The third place is taken out of the Psalmes and these are the words Lord who shall dwell in thy tabernacle who shall rest in thine holy mountaine he that giueth not his mony vnto vsurie nor
of flint or iron wil be mollified with one only recitall of the same these therefore are his wordes Nam Ezechiel in maximis ponit malis foenus plus quà m sortem accipere lex illud luculenter prohibet Sequitur auarus autem videns inopem necessitate coactum ad genua sua supplicem procumbentem ecquid non abiectum facientem quid non loquentem non miseretur illius vtut praeter decorum se supplicem exhibeat communem non cogitat naturam humilibus supplicationibus nihil cedit sed immobilis implacabilisque consistens nec precibus vincitur nec lachrymis mollitur sed negando perseuerat iurat insuper atque protestatur sese omnino carere pecunia quaerere si quem ipse faeneratorem inueniat ac mendacio fidem per iur amentum faciens iniquae inhumanae mercaturae impudens periurium addit postquam vero conspicit miserum illum meminisse faenor iâ— poeturamque sortis vltro offerentem supercilium remittere ac subridere incipit tunc demum amicitiae paternae recordatur familiarem amicum appellat videamus inquit si quid nobis restat depositi argenti est n. amicâ— hominis depositum quoddam apud nos vnde quaestum ille facit grauéque foenus nobis imposuit nos vero ex hoc detrahemus longéque minore tibi dabimus For the Prophet Ezechiel placeth vsurie and all that is more then the principall amongst the greatest sinnes and the Law doth expresly forbid the same But the couetous man seeing the poore man enforced with necessitie fallen prostrate at his feete making humble sute vnto him abacing himselfe in all kinde of seruilitie doeth not for all that extend any compassion towards him howesoeuer hee submit him selfe more then seemely order would require he remembreth not the nature common to them both he giueth no place to humble request he remaineth immoueable and implacable he is neither ouercome with prayers nor mollified with teares but still continueth in deniall Besides this he sweareth and protesteth that hee hath no money at all but that himselfe seeketh where to finde an vsurer and so swearing falshood to be trueth he addeth impudent periurie to naughtie and cruell merchandise yet so soone as the silly poore man maketh mention of vsurie and willingly offereth the ouerplus aboue the principall he abateth his sowre councenance and beginneth to smile then at the length hee remembreth paternall amitie and calleth him neighbour and friend let vs see sayth he if there remaine any money of that which was left in our hands For a friend of mine left a piece of money with me whereof he vseth to make a gaine and hath imposed a great interest vpon vs yet wee will subtract a piece of it and let you haue it farre better cheape Out of these wordes of this holy learned and auncient father I note first that vsurie is prooued out of holy writ to be one of the greatest sinnes So sayth S. Basill so sayth the holy Prophet Ezechiel I note secondly that vsurers are vnmercifull and very cruell men that they take pleasure in the miserie of the poore and will haue no compassion on them I note thirdly that vsurers be lyars and periured persons as who by ioyning periurie to leasing seeke to increase their sauage and brutish dealing I note fourthly that howsoeuer vsurers protest and sweare that they haue no money yet so soone as excessiue filthy gaine is promised by their needy neighbours they graunt they haue inough in store neuerthelesse to hide their guilefully painted hypocrisie they say it is their friends and not their owne Saint Ambrose doeth no lesse exclaime against vsurie then you haue heard already out of Saint Basil. Yea he handleth no other matter throughout many Chapters of a large booke some fewe wordes onely I will alledge by which the Reader may haue an indifferent coniecture of the rest these are the wordes Numeratur pecunia addicitur libertas absoluitur miser minore debito minore ligatur Talia sunt vestra diuites beneficia minus datis plus exigitis Talis humanitas vt spolietis etiaÌ„ dum subuenitis foecundus vobis etiaÌ„ pauper est ad quâ—stum Vsurarius est egenus cogentibus vobis habet quod reddaet quod impendat non habet Misericordes plane viri quem alij absoluitis vobis addicitis vsuras soluit qui victu indiget an quicquam grauius ille medicamentum quaerit vos offertis venenum Panem implorat gladium porrigitis libertatem obsecrat seruitutem irrogatis absolutionem praecatur informis laquie nodum stringitis Money is tolde libertie is solde the silly poore man is quit of the lesse debt and fast bouÌ„d to the greater Such O rich men are your benefits you giue lesse and exact more such is your humanitie that while you seeme to helpe a man you spoyle him vtterly Your profit is wrought euen by the poore man vnto your gaine the vsurer is needie by your exaction hee hath something to restore but plaine nothing to bestowe You are doubtlesse mercifull men whom you make free to others those you make bondmen to your selues hee payeth vsurie that hath not whereon to liue can any thing be a more grieuous sinne hee seeketh for a medicine you giue him poyson he asketh bread you giue him a sword he prayeth to haue libertie you bring him into seruilitie he desireth to be loosed you tye a knot on the corde Saint Chrysostome reputeth the vsurer for the most cruell and abiect caitife in the world thus doeth he write Qui autem comparat rem vt illam ipsam integram immutatam dando lucaretur ille est mereator qui de templo Dei eijcitur vnde super omnes mercatores plus maledictus est vsurarius si n. qui rem comparatam vendit mercator est maledictus quantò magis maledictus erit qui non comparatam pecuniam sed a Deo donatam sibi dat ad vsuram secundò quia mercator dat rem vt iam illam non repetat iste autem postquam foenerauerit sua iterum repetit alienae tollit cum suis. Hee that prouideth a thing to gaine by giuing it entire and vnchaunged is that merchant that is cast out of the temple of God Wherefore more accursed is the vsurer then all merchants in the world for if he that selleth the thing he hath be a merchant and accursed how much more shall he be accursed that giueth to vsurie not the money he hath gotten but that which God gaue him againe because the merchant giueth the thing neuer henceforth to receiue it againe but the vsurer after he hath lent his money both taketh his owne againe and other mens with his owne S. Augustine is in this point as in all other things briefe pithy and sweete these are his words Nolo sitis foeneratores ideo nolo quia Deus non vult nam si ego nolo Deus