bealies wyl be the sellers of corne both for breade and drynke also of fleshe by their tenaūtes by theyr slaues I shoulde saye whē that woodmen coliars shal be theyr seruauntes Thus muche good do the greate purchasers to the cōmōs that in great plēty they make great scarcitie and penury Doth the kinge his maiestie leese no thynge by them yes verily a much greater matters then men can well perceyue His grace leeseth so muche as the poore men in tyme of neede woulde wyth all theyr hertes gyue if they were so wealthy and ryche as they were wont to be whē they were either Lordes of their owne ground or els hauing so gentle lande lordes that paying their acustomed rent they might nor should not be put besyde their farmes groundes neither they them selues nor yet their wiues after thē or childrē childernes childrē the landlordes at that tyme reioysynge mooste whiche had tenauntes of longest continuance which nowe beinge so bare that they be able to gyue nothynge at all nor that other whiche hath taken awaye theyr lyuynge payinge one peny more then they shoulde if they had not naye paying muche lesse then if they had not bene purchasers at all their greate substaunce nowe beinge minished in the byinge of lādes If it be vsurie then to bye lāde for eightene yeres purchase what name shal we giue to them whiche wyll haue theyr feed men in countreis and townes all the yere longe to watche spie who hath neede of money who is wyllynge to sell his lande who be in that case and daunger that they must needes sell theyr laude that a thynge shall not so sone fal but it is takē vp for ten nine eighte yeres purchase to saye that they wyll giue .xvi. or .xviii. yeres purchase except thei do perceiue see that they may make as muche more of it either for the goodnes of the ground or in tariyng a litle time tyll a lease be expired afterwarde beinge worth thrise the value of that it doth go for at that presēt they wyl be ware of it they wyll not drynke so hotte for scaldynge of theyr throte They wyll saye vnto me peraduenture Who can lette me to bye as good chepe as I maye the money is myne owne the lande is his Wherfore shall not I bye as good chepe as I maye I wyll not answere thē wyth these wordes which Christ dyd speake to his children saying loue you one an other as I loued you which gaue my selfe for you whereby men shall knowe you to be my disciples I wyn not answere them that they oughte to haue a pitifull eye on their brother which is in neede I wyl not answer them that they are boūde to considre whether the sellynge of the lande shall be theyr vtter vndoing and impouerishing yea or naye I wyll not say that they oughte and are bounde rather to healpe them and lende them also sauing thē selues harmles then to bye that whiche shoulde be the lyuynge of them and theirs But thys I wyll saye If they wyll rūne to the Deuyl who shal stop thē If they wyl be damned who can saue them They wyl say peraduenture to me that none wyl saye as I do but those whiche be vagabondes knawe heretikes suche as neuer come to the honor to were skarlette gounes or to be knyghtes and sordes felowes I answer them agayne that saluation perteyneth to all men that beleue and wil be saued and that not they whiche haue moste but whiche do lyue moste godly most quietly wythout dammage and hurt of their neighbour are most accepted before God If a man shoulde stande in the declaration of all the euyl which doth springe furth of thys dānable synne in al cōmune wealthes in all cities tounes besyde that no man is able to atteyne to the summe therof but alwaye shal leaue as much vnspokē as he hath tolde and declared what godly mānes eares are able to abide to heare the greate impietie thereof rehearsed If it were possible by any mānes braines to comprehende by writynge or other wyse the houge and mōstrous mischiefe the greate sea of aleuyl which it doeth cause to ouerflowe the whole worlde Wherefore to conclude in fewe wordes hangyng is to fayre to easie a death for them whiche are so abominable traytours both to God and man whiche do robbe kyll not one or twayne by the high waye syde for neede but sittynge at home in theyr cheares bankettynge and feastyng they do robbe and vndoo al the world both high and lowe All is fishe wyth them that cometh to the net I woulde God euerie realme had a strayte lawe for them as certeyne cities and townes haue for the cormoraunt byrde which destroyeth all riuer fishe Yet would they finde holes to escape and auoyed the daunger of the lawe yet woulde they be vsurers styll yet woulde they be damned who so euer sayth naye For they wyll neuer repent and restore agayne their wronge gottē ryches They do perceyue that if they shoulde so do euerie byrde hauyng his fether home agayne that then they shoulde be lefte as naked as my nayle they shoulde not haue a sherte to couer them wyth I trust the good and godly wyll be herewyth nothyng offended As for the vngodly and those whose cōsciences are burnt with an hotte yron I doubt not but they wyll holde them selues content and speake not one worde leste that men do finde the olde Prouerbe verified in them whiche is rubbe an horse on the galle and he wyl winche After thys matter our Doctor demaundeth If a man lendyng his money wyth good wyll wyth out gaynes for certeine tyme not beinge payed at the tyme pointed but prolonged of to his great hin deraunce whether that man so lendynge his money and beinge not payed longe tyme after that it should haue ben may demaūde of hym whiche dyd borowe the sayed money the interest for the dāmage hurte whiche he hath susteyned in forberynge his money longar tyme then was his ease for to do that demaunde whether it be vsurie yea or naye Whereto he declareth that it is not reason that for a mans good wyll he shoulde suffre hurte and that he is bounde to recompence hym for the hurte therby susteyned and that the lender may demaunde the dammage by way of action no vsurie therin committed Howbeit bicause euerie man is readie to take occasion of euyll by euerie light and smal exemple therfore he counsayleth them rather not to demaunde anie suche interest thē for to do it teachyng them that it is the stedfaster more sure way to demaunde his owne and not to meddle wyth interest This done where as the Psalmist declareth that same mā happye whiche taketh no gyftes agaynst the innocent maister Epinus taketh occasion of an other question to be propouned Whether it be lawefull for a Iudge though he be neuer so good and ryghtuous to receyue anie maner of gyftes of either of
the parties whiche are suters before him the playntiffe or defendant or of both either before the cause or cō trouersie be ended or after For as muche as a Iudge is a publike cōmō minister of iustice in a cōmon wealth to see that euerie man shall haue his ryght to see that no manne do to his neighboure wronge to see y◠the poore be not oppressed by the rich but to deme iudge all causes vpryghtly indifferētly without respect of any maner of person to ende al cōtrouersies debates strifes which do often tymes ryse sprynge vp amonge men accordyng to equitie and iustice nothynge in the worlde beinge more enemie nor greater pestilence to iustice and ryght iudgement then a Iudge to be a gredy and a couetous mā a man lokyng after gyftes not cōtent wyth his stipende and salary whiche he doeth receyue for the doing of his office of the cōmune wealth Therfore he warneth thē of theyr deutie that theyr office is to be vpryght to leane and cleue to neither partie to loke a wry neither for frēde nor foo kiffe nor kynne high or lowe rich or poore straunger or countrey man nor yet to receyue any maner of gyftes on whiche syde so euer it be neither greate nor small as it is written Deut. xvii but to wey all causes by the ryghte lyne and balaunce of iustice He declareth to them that it is theft and robberie for a Iudge to take gyftes of anie man which is a sueter before hym not onely bicause it is a sellynge of iustice an occasion of wronge iudgement and a deprinyng or robbyng of the innocent in his iust cause but also though he be neuer so muche indifferent though he mynde to do no maner of iniurie for all that he receyued giftes and rewardes Yet bicause it is a great coniecture an euyl suspection of vnryghtuousnesse bicause it maketh the sentence to be suspecte therefore he wylleth Iudges for nothinge to take any maner of rewardes he declareth to them that the receyuynge of gyftes is counted in the wickednes of them whiche are cursed by the mouth of the Lorde He declareth furthermore that the heade rulers of commune wealthes are boūde to prouid for Iudges such sufficiient honest lyuynge that they shoulde not neede to take any maner of rewardes and giftes that they maye be able to fynde them selues and theirs therwyth honestly syth that they do bestow their tyme in the commune affaires and busines sith that they cā not both labour for their owne familie and serue the communes also in the office wherunto they be called Thys lesson howe well many Iudges and other persons whiche are sette to be indifferent betwene man and mā do obserue and keepe I can accuse no man but the tedious and long suetes of the poore the short and quicke dispatch of the riche maketh men to suspecte that all thynge is not accordingly as it ought for to be It hath bene often tymes sene perceyued that the sentence of the poore mannes cause hath ben determined before it hathe bene hearde what the poore mā might say and lay for him selfe I would wishe and desire that all Iudges shoulde gyue theyr seruauntes great charge that thei do receiue no maner of gyftes or rewardes and that they their selfe shoulde gyue to them suche wages that they shoulde not neede to take anie thinge of any man For all that whiche is gyuen to them is to obteyne fauoure and friendshyp in theyr causes to be good vnto thē to remembre them to theyr maisters whē they be at leasure whē assueters are gone when the seruaunte maye boldly speake then to speake a good worde for them to healpe to dispatche thē which all together smelleth not of the best But some Iudges and other officers hauing great and sufficient liuinges by their offices haue ben sclaundered I feare me of the truth that theyr seruauntes and officers vnder thē haue had none other wages of thē for their seruice then such vauntages and gaynes as they myghte gette in theyr seruice of them whiche are sueters skant hauynge of theyr maisters a good liuerie once in a yere If thei haue a liueri at their handes they shall both bye the lynyng and also the gardyng therof of theyr owne purse or els they shoulde were a single cote almost as good neuer a whitte as neuer the better yet theyr seruauntes in verie fewe yeres do growe to so much wealth that almost they knowe not them selues If al this be true as I doubte me it is to true what doth then folowe but that he whiche myght beste giue shoulde speede best Lorde money being the chiefe iudge in his cause whether it be ryght or wronge I haue hearde also of manie men whiche haue wroughte yea and boughte them selues into greate mennes seruice neither for necessitie nor for the desire to do them anie honeste seruice nor yet that they myght thereby be either the more godly or iust but that they myght beare the greater swynge bicause they belonge to great mē in the countrey where they doe dwell that they might beare and make suche a bragge in the countreis that no man shoulde once route agaynst them or say blacke to theyr eye what so euer extortion they do Suche seruauntes thoughe theyr maisters be neuer so vprighte iust causeth thē to haue an euil name to be yl reported of as far as men dare speake to theyr greate dishonour and to the sclaunder of iustice that a mā woulde be loth to haue his cause come before thē which haue such leude seruauntes gatherynge of the conditions of the seruauntes the maners and affections of the maisters I haue knowē in other countreis some Iudges of suche integritie vpryghte iustice that they woulde not abyde hym nor heare his cause which would but profer or make mention of anie gyftes but yet they coulde be content that theyr nigh seruauntes whom the sueters knewe well ynough should take for them al that they could catche and much worse thē that like vnto the bare foted friers of the ordre of Fraunces whiche wyth theyr bare handes had rather tutche twentie women then one peny but wyth theyr gloues on theyr handes or els per alios as they were wonte to saye by other yea into their sleue if you woulde powre furth of bagges bushels of syluer they woulde not throwe it awaye O Lorde where is iustice and equitie become whē such corruption is in place Howe cā a iudge both be iuste and also a receyuer of gyftes what man wyl receyue a gifte but to do pleasure againe for it or elles he were vnkynde Gyftes and rewardes haue come in so faste to some men in tymes paste that sodenly frō a lowe and meane estate as from a low ebbe they haue rysen and flowen vp to great possessions to be Lordes felowes what els besyde Thys is to be taken for a proued veritie as wel in Englāde as in al other nations
by the workes of ceremonies other workes of mans traditions But the holy scripture teacheth that there is but one cause of oure iustice that is to saye the fulfyllyng of the lawe of God teachyng that men are iustified before God by the perfecte obedience to the lawe of God and that they are coÌ„demned for the contrarie that is for theyr disobedience Who that kopeth the lawe by the lawe is iustified and who breaketh the law by the lawe is condempned For lykewyse as God hath ordeyned the payne of death for synne so hath he also giuen for the perfourming of the lawe of God the rewarde of lyfe euerlauyng Christe in Mathew the nintene chapter to the yongmanne demaundynge of Christe what he should do that he might haue euerlastyng lyfe answered If thou wilt enter into life keepe the comaundementes declaryng that the fulfilling keepyng thorowly of the commauÌ„demeÌ„tes is the price of eternall lyfe by the whiche fulfyllynge euerlastynge felicitie is gotten and obteyned S Paul also witnesseth that by the fulfyllyng of the lawe meÌ„ are iustified saying that the workers of the lawe and not the hearers are iustified before the Lorde But for as much as that man is giltie of the breakyng of the whole lawe Al meÌ„ are breakers and traÌ„sgressouâ—â— of the law theâ— fore no man is iustified by the lawe whiche hath offended in any parte thereof and as Iames sayeth all men are curfed whiche do not abide stil in all those thinges which are writteÌ„ in the lawe that all men shoulde keepe them it is certeyne and manifest that by the obedience of the lawe no man can be iustified before God bicause that no man doth fully keepe the lawe as he ought to do bicause there is no maÌ„ but either by thought or deede hath traÌ„gressed the lawe of God The faulte whie that no man is iustified by the keepyng of the lawe is of maÌ„ hym selfe and not of God For the promise whiche was declared to the lawe The promise of the lawe is conditional is vnder a coÌ„dition beinge spoken to them whiche do fulfyll the lawe And therfore the promise is not giuen and perfour med excepte the whole lawe be kepte and perfourmed So that by thys reason the lawe worketh death vnto vs and becommeth the cause of death whiche was gyuen to be the wynhyng purchasyng of lyfe For as muche theÌ„ as no man can fulfyll the lawe that it is plaine that by the fulfillyng therof the iustice of God caÌ„ not be gotten Christe hym selfe whiche neuer committed offence beinge of his owne nature innocent Christ fulfylleth the lawe for vs all and becometh our iustification for our sake made hym selfe subiect vnto the lawe and fulfilled the lawe to the vttermost for vs makyng his perfect obedience and fulfillyng of the lawe which he had no neede of to be ours whiche was made a free gifte beinge no thanke to the lawe that we are iustified Then by the fulfyllyng whiche Christe fulfylled of the law the world is redemed the same Christe in that he perfourmed the lawe in all poyntes is become the price of our redemption and that thyngâ— whiche was to vs and to the law impossible the Lorde did supplie for vs in his onely begotten sonne and by hym he fulfylled the iustification of the lawe in vs. Româ— viii As to the Roma viii transposynge and takyng awaye from our selues and from the lawe the benifitte and gifte of our redemption and putting it onely on Christe He alone none other is made our iustice redemption lyfe health Wherefore is Christe made our redemption and iustice vicause he hath fulfilled the lawe of God for vs that nowe wythout hym maÌ„ hath no hope of redemption of iustice of eternall felicitie and of health in whom is all the price of mans saluation by the whiche price both God and the lawe is satiffied pleased He that hath not him he lacketh the price of his redeÌ„ption he lacketh iustice life he that byâ—aith taketh holde on him that maÌ„ also in him doth receyue the cause of our reconciliation iustification that is to saye the fulfyllynge of the lawe For lykewyse as by oure disobedience we are destitute of all hope of health euen so by the obedience and fulfillyng of the lawe of God we are deliuered from the losse thereof The whiche obedience when that no man coulde perfourme Iesu Christ was made obedient for vs vnto the death of the crosse he perfourmed that obedience for vs that by the obedience of one man we myghte be reconciled to God we myght be iustified that lykewise as by the disobedience of one man we fell into the wrath disdaine of God into vnrightuousnes and perdition so by the obedience of one maÌ„ Iesu Christ we are deliuered from the wâ—ath of God from vnrightuousnes and perdition The cause of our iustification by the goodnes of the lorde is translated and put away from vs and layed on an other person whiche is Christe bicause that he hath fulfylled for vs and in oure behalfe the demauÌ„des requestes of the lawe whose obedience and fulfyllyng hath restored gyuen agayne to vs iustice and lyfe These senteÌ„ces and sayinges To be iustified by the fulfyllyng of the lawe and to be iustified by the merites of Christe freely is alone thing that men are iustified by fulfyllynge of the lawe Aud that men by the mertie of God thorow Christ by the fayth in Christe wythout theyr owne merites freely are iustified to manie mennes iudgementes do appeare and seme socoÌ„ trarie that the one can not be like the other nor yet can stande both together But truile they do differ nothâ—nge at all for they do expresse and sette forth excellently the matter of Iustification shewyng the welles causes of oure iustification They do declare by whose wyll and coÌ„maundement yea and by what price we are redemed and reconciled agayne to God also who hath payed thys price by what meanes we maye be partakers therof The cause price of oure redemption The cause price of our redemptioÌ„ is the fulfyllyng of the lawe for therein is set of God the remission of synne iustice and life euerlasting Thâ—â— thinges are conteyned in the fulfyllinge of the lawâ— This chiefe and finall cause of the lawe Christe hath traÌ„sposed vnto hym selfe and he is made that thynge which the obseruation of the law shoulde haue ben Therefore both these sayinges are true that we be iustified by the lawe and that we be iustified by the mercie of god thoroâ—â— Christ freelie But where as it speaketh of the perfourmaunce of the law it is ment of that which is in our Lorde Iesu Christe not of our owne vnperfect and vnsufficient perfourmyng and keeping of the lawe Christe onely fulfylled the lawe and in fulfyllynge of it he payed the price of our redemption takyng the iustification from the lawe vpon his owne
vniuste and vngodly to exacte and demaunde any maner of interest for the duetie not payed in dewe season And truely therein they are nothynge at all deceyued For it is certeynly true that wycked and vngodly rentes either by vngodly waies gotteÌ„ or vncoÌ„scionably deniaunded Vnlawefull purchasinge and vniust interest are vsury with reasyng of reÌ„tes Howe many vsurers haue we in EnglaÌ„d also that interest which is vniust and vnryghtuous is playne vsury For those are wicked reÌ„tes which are taken agaynst the commaundement of God agaynst the â—rore of the commune lawe agaynste the lawe of nature that is to say by the whiche rentes thy neighboure is polde or pylde wherein the euen equall portion of equalitie and iustice on both the partes wyth equitie is not obserued kepte What so euer is boughte and taken accordynge to the commaundemente of God after the publyke ciuile ordinauÌ„ces and accordynge to the lawe of nature it is bought and taken ryghtuously and accordynge to good conscience and ought not to be iudged vsury in no case The consciences of those whiche are godly men abydynge in the feare of the Lorde are moued troubled by the authorities of the scriptures for the whiche cause chiefely it is to be diâ—â—â—ssed whether that reÌ„tes are to be taken as vsuries prohibited by the scripture yea or naye Wherfore we wyl fyrst speake of rentes and then afterwarde of the interest which is demaunded for lacke of payment in dewe season The Lorde prescribeth no ordre in ciuile matters he doth permit is to the Magistrate to do ordre al thinge after the rule of his worde The preceptes of the Lorde and commaundementes of liberalitie in gyuyng and lendyng oughte not to be obiected and layed agaynst as contrary to the purchasyng of rentes bicause the Lorde in his commaundementes preceptes doth not meddle at all naye speaketh no worde of byinge and sellynge he doeth not prescribe any maner of ordre in bargaynynge He biddeth vs onely to shewe our selues gentle and liberall in healpyng of our neighbour and that that good deede which we do should be fraÌ„kely frely done We ought not to fetche furth of the scripâ—â—res the fourme and maner of bargaining one of vs wyth an other but from the ciuile lawes whiche do handle al suche matters so conningly so excelleÌ„tly that nothing can be more whiche hath had alwaye authoritie to deme iudge betwene maÌ„ and man coÌ„cerninge all maner of contractes and bargaynes wich are vsed to be made The Lorde doth not abolishe and take away the facion and maner of occupiyng in bargaynyng but rather confirmeth it commaundyng that by those ciuile lawes al maner of controuersies striefes should be finished and ended and that we do obey to them wherby he doeth improue and condemne onely vsuries and not coÌ„tractes As for the true bying and sellyng of rentes it is a kynde of coÌ„tracte and bargayne it is no parte of vsurary coÌ„uention Ergo it is not condemned of the Lorde Vsury consisteth in that thinge whiche is lent borowed purchasing of rentes do not consist in lending and borowyng ergo lawful purchasing is no vsury For vsury perteyneth onely to such thinges as are lent to be paied againe in the selfe same substaunce or in some other substauÌ„ce of the same kynde of thynge wyth vantage gayne not perteynynge to any other maner of contractes of occupiyng But laweful and iuste byinge of rentes consisteth neither in borowynge nor in lendyng Ergo bying of reÌ„tes without fraudegyle and deceite can be none vsurary conuention nor to be called vsury Thys reason proueth it to be true bicause that when any man doth bye wyth his goodes money any maner of landes or houses men do not saye that he hath then lente his money or his goodes but that he hath bought thys or that wyth his money and goodes Also what soeuer is taken in lone of the needy more then that thinge which was deliuered is playne vsury not that whiche is boughte in theyr grounde or other possessioÌ„s which is a plaine sale wythout any free gyfte and of duetie doth owe nothinge to begyuen freely therein Then it foloweth if a ryche man doe byerentes of hym that is not needy and poore he committeth no vsury for the rentes are the vantage gayne and profite of that whiche was bought and solde and not of money or goodes lent borowed For the precepte and commaundement of lendynge is ordeyned for the needy not for theÌ„ which with other mennes money do gayne gette profite byinge therewyth â—llages grouÌ„des houses suche other possessions There be three maner of men in thys lyfe Three kindes of men to whom by the lawe of God of nature we are bound to do good but after a seuerall and distinct maner hauynge respecte to what sorte of men we do oure good deede There is one kynde of men whiche be so poore that of mere necessitie thei are driuen to beggery askyng of theyr almes Beggars whiche if they doborowe any thynge Honest poore men hauinge neede can not restore it agayne Another sorte of men are needy whiche haue neede other while of other mens healpe but not alwaye whiche can sometime restore agayne that whiche they haue borowed The third sort are those whiche hauyng possessions lyuelode haue ynough of their owne substaunce to maynt eyne them without the healpe of other mennes goodes Riche men Thys by the diuersity and diuers sortes of men must you ponder iudge to whoÌ„ you are bounde to do well frely wythout profite This is a goodly lesson and full of learnmgâ— and wyth whoÌ„ you maye bye and sell or make any other lawefull contract for vaÌ„â—â—ge gayne The lawes of Moyses do beare witnes that the Lorde dyd deuide his people of Israel in to these three fortes of men shewynge howe and to whom men ought to shewe theÌ„ selues gentle louyng The fyrst sorte must be holpen with gifte after what maner to euery sort The firste sort of these three he commaundeth to healpe freely wyth free gyfte that is to saye wyth almes deede sayinge Thou shalte not lacke poore men â—wellynge in thy lande therefore I coÌ„maund the to opeÌ„ thy hande to thy needy brother and to the pore which are with the. To this precepte perteyne those wordes whiche are spoken of the Lorde saying that we are bouÌ„de to gyue to them which do aske And those wordes also concernyng hospitalitie and the prouision whiche is to be had for the voyding of great nuÌ„bre of poore folke The secondâ— sorte wyth 〈◊〉 dyng The seconde fort the Lorde commaundeth to be holpen succourred not wyth almes deedes gyuynge of mens goodes but wyth lendynge for a time to be repaied againe bicause that thei are not driueÌ„ to extreme necessitie of pouertie hauynge of their owne wherewyth they are able to restore and paye agayne that whiche they haue borowed Saynt