man commeth to his rich neighbour to buy such things as he hath present neede to vse here the richer sort specially the marchants take great pleasure in oppressing the poore in their most pittiful neede Wil yee buy of mee saith the rich man for present money or to a certaine day and wheÌ„ the poore man answereth that he must needs haue it til a day then the rich man valueth his wares at such an high price as he extorteth most grieuous vsurie for the loane for the forhearance of the money is the sole cause of the surplussage in the price The first obiection IF two rich men haue this yeere diuers opinions concerning the price of corne and he that thinketh it wil be dearer the next yeare shall giue to him that thinketh it wil be cheaper xx pounds presentlie for 〈◊〉 much corne to be deliuered then as he ran now buy for 〈…〉 that kind of dealing is no vsurie at all albeit the corne nay then perhaps be sold for xxx pounds therefore it seemeth lawful to sel corne at a lesser price for the paiment of money before hand The answere 1 I say first that vsurie is neuer committed as is already proued saue then onelie when ouerplus is exacted for the loane 2 I say secondly that in the case proper â—â—ded in the obiection there is no loane of money at 〈◊〉 neither expressed nor yet palliate the reason is this because as well the buyer as the seller exposeth himselfe to a meere â—â—â—uall euent for whether corn wil then be cheaper or dearer neither of theÌ„ twain can tell 3 I say thirdly that if he who receiueth the money were in present necessitie and yeelded to sell the corne onelie or principally for the vse of the money the buyer 〈◊〉 the same at his hands then were that kind of dealing vsurie indeede howsheuer the euent should afterward fall out but when neither the seller respecteth the vse of the mony nor the buier extorteth any thing for the loane of the same as in this casual bargaine but both the parties stand vpon their prouidence â—niectures politicke diuinacions then doubtles the formal reason of vsurie ceaseth and the buying with the sale becommeth a lawfull contract The second obiection It is good reason it cannot be denied that if my neighbour can gaine fiue pounds by the vse of my twentie pounds then that he shal giue me three pounds for the loane thereof for the delay and non-payment of my money is the onelie and sole cause of his gaine The answere I say first that howsoeuer the gaine fal out yet may nothing be exacted for the loan because god himself hath so appointed 2 I say secondly that the greater part of people are so farre from gaining thereby as they are vtterly impouerished by the same 3 I say thirdly that by the loane of money the propertie thereof is altered and the dominion translated to the borrower and consequentlie that when the leâ—der extorteth anie thing for the vse thereof ipso facto he robbeth the borrower and despoyleth him of his lawfull goods this among the latter writers hath Melancthon well obserued to his immortall fame 4 I say fourthly that money is a thing so barren and vnfruitfull of it owne nature as is cannot yeelde any commoditie without the industrie of man and consequentlie since the whole fruit thereof preceedeth from mans laborious trauel to exact anything for the vse thereof must needs be flat extortion The third obiection MAny 〈◊〉 able 〈◊〉 are often greatly damniâ—ieâ— by lending their money and therefore it is good reason that they should haue some consideration for the same The answere I answere that no consideration can iustly be exacted for or in respect of the loane Neuerthelesse in certaine cases â—â—â—â—plus may verie lawfully both bee giuen and required which cases shalbe made manifest in the next chapter following Of the gaine ceasing and losse insuing by the loane of money Chap. 6. THere be two things to wit the gaine that ceaseth and the domage or losse that insueth to the londer by reason of either of which â—â—aine surplussage may be required and that without anie vsurie at al ithe reason hereof is euident because gaine ceasing losse insuing for the loane of mony are things essentialy and really distinguished from the loane of the same the example of the former I haue in ready mony an hundred pounds which I purpose presentlie to bestow in corne for honest and lawful gaine Now it so falleth out that my neighbor is very vrgent to borrow this hundred pounds of me to whom I condescend to lend it with mine owne hinderance yet vpon this condition that he giue me so much ouerplus as woulde be the iust gaine that ceaseth by reason of the loane this kind of ouerplus is no vsurie because it is not exacted for the loane but for the gaine that ceaseth thereupon yet in this case two things must be required first that I intend in true meaning to bestow my mony as is already said and thereby to seek honest lawful gaine secondly that I exact no more ouerplus then that that is trulie deemed to be my surceasing gain the value of which gaine ought to be esteemed by indifferent men which are expert in that kind of trade for if I either exact more then the gaine ceasing or in truth intend not to expose my mony for lawful gaine in way of honest bargaining then is the exacting of such surplussage become palliate vsurie indeede By reason of this surceasing gaine marchant men and other honest bargainers may sundry times exact a greater price when they sell their marchandise or goods to a certaine day but heere I must require al marchants and other especially the richer sort to marke well what I say for although the seller may euer exact ouerplus for his truely surceasing gaine yet may he not euer extort ouerplus when he selles to a day the reason hereof is euident because to sel to a day doth not euer preiudice or hinder his lawfull gaine and so the formall reason of exacting ouerplus in this case lieth dead for if the buier bring the money so soone as the seller can and meaneth to bestow the same for honest gaine then to exact any higher price for the day is palliate vsury indeed The example of the latter I haue a sum of money which I am to bestowe in the necessarie reparation of my house and that now in the summer season for if I shall let my house stay til the winter season it wil not only be hurtful but also 〈◊〉 chargeable to me â— in the meane time my distressed neighbour commeth to me and in pittifull manner desireth to borrow my money whose neede I cannot relieue but with mine owne losse as is alreadie saide in this case to exact so much as amounteth to my losse is no vsurie at all for the ouerplus is not extorted
sheep after a competent rate and to receiue the stocke againe The answere I say first that kine and sheepe ve things fruitfull of their owne nature and therefore may be lent out for gaine and that without vsurie or other iniustice at all I say secondly that when kine shrepe or other cattell are lent out or set ouer for gaine with couenant in bond to restore the principall or the iust price thereof what euent soeuer befall then the gaine takeÌ„ in that order and with those cricumstances is flat vsurie it cannot be denied the reason heereof is euident because ouer and besids the ouerplus taken for the fertalitie of the rattel the lender requireth securitie for the principall and thatby reason of the loane and consequently the dominion of the principall is translated which is the formall reason of vsurie for when anything perisheth it perisheth to the owner and not to him that hath no title thereunto I say thirdly that he who lendeth or setteth ouer to his poore neighbours kine sheepe or other cattel after a reasonable and competente rate without couenant or bond to deliuer the principal againe in as good case state and order as it was receiued both a very charitable art but committeth no vsurie at al. The replie Mary liâ— if this he so then must I be at great charges and sustein no final losses at his hands who hired my horses sheep or kine and so for doing good to my neighbour be vtterly impouerished my selfe but I wil none of that I thanke you The answere I answer that the case is farre otherwise for if your goods be hurt or miscaried any way by the negligence or default of him that borroweth or hireth them then both in conscience and by the course of the common law he is bound to make satisfaction for the same and thus much you may draw into couenant if you lift without 〈◊〉 suspition of vsurie at all but if 〈…〉 your horse kine or sheep and do to them that which an honest man ought to do then if they die or otherwise miscarrie your selfe must stand to the losse and not I for the goods are yours and not mine they must perish to you the owner not to me the hirer if you defend the contrarie you fall into the flat case of vsurie The sixth question A friend of mine gaue me an hundred and twentie pounds freely so as I must neuer pay the principall againe but yet with this prowish that I must giue to him during his naturall life twentie pounds by yeere Now would I know if this be vsurie The answere I answere that it is no vsurie indeede but a verie lawfull contract or bargaine termed of the Latines do vt des the reason is euident because here is nothing taken for the loane ouer and besides this it is a meere 〈◊〉 contract putting the receiuer in farre better state then he was before for the giuer may die the next day and so the receiuer haue the principal for nothing at all Againe if the giuer should liue as long as the common sort of men do yet could the receiuer be at no losse vnlesse his owne negligence were in default The replie Then it is no vsury if I lend my neighbor twenty pounds vpon this condition that he shal giue me thirtie pounds if I be liuing at the end of the halfe yere and if I die before he shal be bound onely to pay the twentie pounds againe indeede many good men vse this kind of dealing and I am glad to heare you say it is no vsurie The answere I say first that you seeme to interpret my instruction according to your owne best liking I say secondly that there is great disparitie in these two proposed cases for in the former the principal must neuer return to the giuer neither is there anie thing exacted in respect of the loane but in the latter the principall must euer be restored and that which is exacted is in respect of the loane for no other consideration can be yeelded and therefore this filthie lucre is detestable palliate vsurie I say thirdly that the dealing is plaine diabolicall howsoeuer the worldlings esteeme thereof yea the practitioners are so far from being good men that they are thereby become the catâ—hpolles of satan for as S. Ambrose hath wel concluded out of the holy writ if they be blessed that giue not their money to vsurie as the holy Prophet of God auoucheth plainly then doubtles are they accursed that practise vsurie and reioyce therein The seuenth question It was euer thought lawfull to set ouer the portions of infants for gaine neither to this day hath any learned man reproued the same what therefore must be thinke therof The answere I say first that many things haue beene often by learned men reproued which were seldome or neuer wholly reformed I say secondly that the least sinne may not be committed to gaine the whole world vnto vs for as the learned men haue collected out of S. Paul non sunt facienda mala vt inde eueâ—iant bona euill may not be done that good may come thereupon We may not steale from a rich man for the reliefe of the poore the causes and cases of infants and poore folks are to be fauoured indeede but yet euer with iustice and neuer with sinne and therefore we must iudge of lending or setting ouer the ouerplus of infants euen as we doe of other things that is to say if the portions be in mony then to take any thing for the loane as the maintenance of the infants or some consideration to that end is flat vsurie indeede if the portions be in lands or other goods that be fruitfull of their owne nature theÌ„ competent consideration may be had for the increase of the same Alwaies prouided that if the goods miscarrie without the negligence or other default of the borrower that then as is alreadie said they perish or miscarrie to the lender who onelie and solely hath the dominion thereof The replie If the poore infants may haue nothing in consideration of the vse of their portions then wil their portions often be consumed or at left much wasted euen during their non-age and minoritie The answere Neither law conscience nor reason doth or can make a man in worse condition for bestowing a benefit then he was before the gift thereof and therfore as he might afore accept of a free donation so may be much more after his good deseres receiue that which is freely giuen him in the way of gratitude My answere now is that since as the common prouerbe saith one good turne deserueth another and since ingratitude as wel by the law of nature as by the lawe diuine is reproued for a grieuous sinne it followeth consequently that whosoeuer reapeth commoditie by taking an infant with his portion and will not to his power make thankfull conspensation for the same may iustly be condemned of
ingratitude yet as he is to be condemned of ingratitude if he render not thankfully of his owne accord so if he be compelled by bond of couenant thereunto then by and by is committed the sinne of vsurie yet in things fruitful some consideration may be had according to the true sence alreadie touched The eight question If vsury be so grieuous a sin what shall we say to the lawes of this Realme that this day approue and allow the same The answere I say first that they who seeke thus to defend their abhominable vsury commit no small trespasse against the Queenes most excellent maiesty the godly setled laws of this realme I say secondly that the lawes of this realme do not approue vsurie for good but barely tolerate the same punishment in some degree so to auoid and eschew a greater euil I proue it by a double reason first because the common law doth punish al vsurers that take aboue ten in y â— hundreth secondly because the common law referreth al vsurers from the highest to the lowest to be punished by y e ecclesiasticall ceÌ„sures of the church Where the least vsurie may this day be sharplie punished in this Realme of England if due information be made thereof and if such faults in some places at sometimes passe vnpunished after information giuen of which kind of dealing and the like the poore people make pittifull complaints God wot that truely must bee imputed to the iniquitie of the inferiour Magistrates who now and then are corrupted with flatterie friendship or gifts and not to the iust and godly lawes of this Realme The replie Sundrie learned men do hold that the ciuill Magistrate is appointed by God to punish male factours and therefore may not tollerate or leaue any sinne vnpunished The answere I answere that albeit some otherwise learned indeede doe hold the contrarie opinion yet do I repute it for an vndoubted truth that Kings Queenes absolute Princes and independent Magistrates may in certaine cases vpon godly considerations either tollerate sinne vnpunished or pardon malefactours for otherwise we must not onely condenme her excellent maiestie that now happilie raigneth ouer vs but also all her most noble progenitors yea and al other kings at al times in al ages throughout al the christian world for when was the King and where is the kingdome in which kings vpon good causes haue not pardoned malefactors the time cannot be named the kingdome is vnknowne Now for the exact handling of this point because it is not onelie pertiâ—ent to my present theame but necessarie also for many other respects I thinke it to the purpose to lay downe some strong foundations in that behalfe First this is a constant maxime approued by vniforme consent of all learned diuines cessante fine legis cessat lex ipsa when the finall cause or ende for which the law was made ceaseth then doth the law euen of necessitie also cease This foundation is grounded vpon the holie Scripture in the 15. of the Acts. Whereby the flat decree and setled law of the Apostles we are bound to abstaine from bloud and strangled meates This notwithstanding no man hath this day anie scruple of conscience to eate the same and yet hereof no other sound reason can be yeelded saue onely that the end for which that law was made did long sithence cease For euen at that time there was no precise necessitie to abstain from bloud and strangled meates But this law was only made in respect of the state of that time that the Gentiles and the Iewes might liue more peaceably together and thereby auoyde al occasion of quarrelling And therefore as soone as that end ceased this law also ceased with it and so we this day are freed from the same Yea this maxime is euident lumine naturali euen by natural reason For euerie law is made for some end which end how ofte soeuer it may be accomplished without the law so often the execution of the law is needelesse Secondly we must hold this for a constant foundation that albeit the ciuil magistrate be commaunded to punish malefactors yet is neither the kinde of the punishment nor the quantity thereof taxed by the law of God but it still abideth indifferent to be determined by the supreme ciuill magistrate For although there were speciall punishment prescribed in the indiciall law of Moses for transgressors of the sabboth for adulterers for murderers and such like yet neither by the lawe moral neither by the law of the new testament to which laws only we christians are this day bound is any such punishment determined And therefore the ciuil magistrate if it so seeme good vnto him may change the vsual punishment of theeues which with vs is to be hanged and cause them to be cast into the bottome of the sea with milstones about their necks And the same may be said of the punishmeÌ„t for other malefactors Thirdly we must repute this for an vndoubted foundation that the end for which Gods lawe appointeth malefactors to be punished is the publike peace and good of the whole common-weale For this is so euident by the course of the whole scripture as it can neither with learning nor reason be denied Out of these three foundations thus firmly stablished these two corollaries may euidently be inferred First that whensoeuer any member of the common-weale committeth any capitall crime for which he ought to die by the lawe whose life notwithstanding is more profitable to the weale publike than his death in such a case the prince may pardon such a malefactor 〈…〉 thereby sinne at all Which thing christian princes seeme to respect when in the time of warres they set such felons at libertie as are able to doe seruice in defence of the realm Secondly that when any malefactor is so mightie or so strongly seated that the prince cannot without probable daunger of his royal persm or great domage to the commonweale punish the said malefactor in such a case the prince may tollerate such a malefactor vnpunished and not thereby sin at all These foundations and these illations once well vnderstoode and marked this important controuersie can not but be manifest neuertheles I wil adioyne certaine sound reasons herevnto for the better confirmation of the same The first reason It is a common atiome receiued of all as wel Ciuilians as Diuines quod lex ron obligat vitra intentionem legislatoris that the law doth not binde a man beyond the intention of the law-maker Whereupon I inferre first that the ciuill magistrate may disâ—â—sre with his owne law I inferre secondly that the prince being Gods minister may tollerate or pardon malefactors when and so often as such tolleration or pardoning tendeth to the common good of the publike weale The reason is euident because the intention of God the supreame law-maker was euen that and none other when he appointed his ministers
to punish malefactors The second reason Prodigalitie is a great sinne condemned aswell in philosoâ—◠〈…〉 it neither will nor can be denied It is the 〈◊〉 extreme of the vertu liberalitie This notwithstanding al christian kings as far as I can learne haue euer tolerated y e same unpunished at least in some degree neither were they for such tolerations reproued at anie time by any ancient approued writer or learned father whosoeuer Which doubtlesse is and ought to be so deputed an argumental no small importance For although emperours kings 〈…〉 do sin aswel as others of meaner calling yet neither haue they neither euer can they liue vnreprooued if at anie 〈◊〉 they 〈…〉 either by stablishing 〈…〉 lawes publikely or by suffering their 〈◊〉 to 〈…〉 of Gods lawes dissolutely For God 〈…〉 of stones to Abraham and neither is he nor euer 〈◊〉 he be destitute of faithful couragious seruants who wil constantly and without all leare reproue al such as 〈◊〉 his holy lawâ— He hath watch men on the walles of his Ierusalem who will reproue sin 〈…〉 He is not without his Elias that will stoutly reprooue at wicked Achabs He hath in store a Danie 〈…〉 al naughtie iudges and to acquit his faithfull Susannes He will find a propheâ—â—◠〈…〉 out against â—ool any and to teach euery Ieroboâ—n his duely He can and will prouide another Iohn Baptist to speake boldly to all bloody Herods And yet in so many hundred yeeres such tollerations haue not beene reproued to my knowledge by any learned writer The third reason It is a generall axiome receiued not only indiuinitie but in philosophie also ex 〈◊〉 maliâ— mique eligendâ—m of 〈…〉 the lesser is to be chosen And to speaâ—â—â— more plaindey that which is often sin if it be absolutely considered the same done respectfully wil be no sin at al. For example sake murder is against the law diuine and yet to kill one neighbour in our owne defence both is and euer was reputed lawfull Sâ—t for a man to cut off his arme or leg lest the whole body putâ—â—efie or perish is a very lawful thing Which thing all 〈◊〉 kings seeme to respect when they in sundry cases tolerate 〈◊〉 vnpunished for they thinke that 〈…〉 their realmes by punishing than by 〈…〉 in such cases Yea if kings should at all times punish all malefactors the church of God should often thereby want many most excellent and profitable members For which respect our Sauour himselfe telleth vs that when the â—ares can not be seuer 〈◊〉 the good corne vnles both be pulled vp together then may they tolerate the tares or weeds with the good corn euen 〈◊〉 the haruest as if he had said when the wicked can not be punished but with great domage to the good then may the magistrâ—t tolerate such malefactors vnpunished and not therby sinne at all The fourth reason which is insoluble and irrefringible The blessed man Moses so highly renowmed in holy writ and so great in the fauor of God pardoned great malefactors in the heinous crime of diuorce And this hee did to auoide a greater euill that is lest they vpon euery light cause shoulde poyson those wiues whome they did not loue For that such light diuorcement was onely permitted but neither by God nor Moses approoues I will demonstrate by these important reasons First because these are Christs owne words Moses because of the hardnes of your hearts suffered you to put away your wiues but from the beginning it was not so Secondly because the marriage after such light diuorce was indeede vnlawfull by the law For thus writeth S. Paul know ye not brethren for I speake to them that know the law that the law hath dominion ouer the man as long as he liueth for y â— woman which is in subiection to a man is bound by the law to the man while he liueth but if the man be dead she is deliuered from the law of the man So then if while the man liueth she take another man she shalbe called an adultresse Out of these words I note first that marriage cannot be dissolued â—â—ring the life of the former husband I note secondly that 〈◊〉 was so euen in Moses law because S. Paul saith he speasath to them that know the law I note thirdly that to be maâ—â—d after diuorce for a light cause during y â— life of the former husband is 〈◊〉 and flat adultery I therfore conclude that at idlerate sinne vnpunished vpon good cause is 〈◊〉 at all 〈◊〉 this mine assertion of diuorce is not only grounded vpon the scriptures but also confirmed by the best approued fathers and eke by the late writers of this our age The fift reason We haue many examples in the holy scriptures of blessed kings who haue often pardoned malefactours and to this day were neuer reproued for the same King Dauid a man full of the holy ghost pardoned wicked Nabal at the petition of his vertuous wife Abigail The same king Dauid pardned Abner who rebelled against him for the house of Saule the same king Dauid tollerated Ioab in his naughtie dealings albeit be was more then a little offended with his manners the same king Dauid tollerated cursed Shemei though he commanded his son Salomon doe executian on them both after that himselfe was dead The sixth reason out of Saint Austen Saint Austen saith plainely that the church doth tollerate many euills which she doth not approue and the same saine Austen in his epistle to Macedonius proueth by the ensample of Christ that not onely secular magistrate may giue pardon to offenders but also that clergie men may require the same at their hands our Lord saith he made sute that the woman taken in adultery should not be stoned and by that fact commended to vs the office of intercession yea Saint Austen was greatly offended with the Magistrates of Africa if at anie time they denied his request therein the difference is onely in this that we must do that by prayer which he did by terrourr for he was the Lord we are his seruants this and many other reasons S. Austen vseth which whoso listeth may reade at large in that lerned epistle which he wrote to Macedonius Hereunto agreeth S. Paules intercession vnto Philemon for Onesimus his seruant The seuenth reason out of S. Ioseph his holy fact The blessed virgin Marie was found to be with childe bâ—t the holy ghost before Ioseph she came together wherefore Ioseph bicause he was a iust man would not put hir to opeâ— shame was minded to put her away priuily thus recordeth 〈◊〉 holy scripture Out of the which words I note first that Ioseph knew the holy virgin to be with childe I note secondly that he knew himselfe not to be the father of the childe I note thirdly that Ioseph knewe no other but that Mary his wife was