Selected quad for the lemma: church_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
church_n	canon_n	council_n	nice_a	2,852	5	10.4936	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A64066	Quæstio quodlibetica, or, A discourse whether it may bee lawfull to take use for money	Filmer, Robert, Sir, d. 1653.; Twysden, Roger, Sir, 1597-1672.	1653 (1653)	Wing T3555; ESTC R14802	53,162	192

Quaestio Quodlibetica OR A DISCOURSE Whether it may bee Lawfull to take USE FOR MONEY Iohan. Sarisburiensis Epist. 198. In omni ardu●● dubietate censeo factendum Vt primo omnium quaeramus sequamur quid super 〈◊〉 lex divina praescripsit quae si nihil certum exprimit recurratur ad Canones exempla Sanctorum ubi si nihil certum occurrit tandem explorentur ingenia consilia sapientum in timore Domini LONDON Printed for Humphrey Moseley and are to be sold at his Shop at the 〈◊〉 Armes in St. Paul's Church-yard 1653. To the Reader ASsoon as I had understanding in the affaires of this World I became sensible how grievous it was to lie under the heavy disease of paying Interest Consideration or Use term it how you will for mony And finding it generally condemned by those whose Judgements and learning I did most esteem I began to question with my self whether the sinne were not of that nature that I my self in paying did concur in the same offence with the taker according to that a of St Paul in the vulgar latine qui talia agunt digni sunt morte non solum qui faciunt sed etiam qui consentiunt facientibus Which doubt I found after propounded by Aquinas 2a 2ae q. 78. a. 4. but neither so resolved by him or his learned Commentator Cajetan as that I received satisfaction in the point Upon which occasion I began to search farther and as for the Scripture I confess the prohibitions in it seemed to me to have much of the Laws framed for no other than the Common-wealth of the Iewes And to bee of the same nature the b Iubile c The Cities for Refuge d The Release to bee made every seventh year were for it is no way probable God who commanded them neither e to vex nor oppress a stranger which it is apparent was of such an one to them as they were to the Egyptians would have permitted the free exercise of Use towards him could it not have been without either oppression or vexing And prohibited the Iewes who either in respect of their often releases and Jubilees could not give the assurances might be required in such contracts or for some other reasons alone known to the Divine wisedome As for the other places in the Psalmes Ezekiel c. they ever seemed to me no more prohibitions but were to bee referred to the first limitations of it Besides what was me thought very considerable no one Writer I met with condemned the taking increase upon lone of money if offered with willingness and not contracted for be the party never so poor that payed it yet I observed that to be against Levit. 25.36 as all oppression in buying and selling verse 14. Touching the practice of the Primitive Christians there is nothing more plain than that it was not onely common amongst them but allowed by lawes for proof of which there needs no more than the Title DE USURIS found in both the Codex of Theodosius and justinian and that in so high a manner as the Emperour Constantine at the very time the Councill of Nice sate seemes to have moderated the excess f yet so as hee that lent two bushels was to receive a third usurae nomine quae lex ad solas pertinet fruges Nam pro pecunia ultra singulas Centesimas creditor vetatur accipere I know it is not without question what is the meaning of Centesima Acursius saies it was as much as the principall in a year g Est Centesima quae sorti in anno aequiparatur And elsewhere gives this example h Sors est duodecem usura sit in anno quatuor sed etsi octo tunc est bessis si aequiparatur sorti tunc est centesima And so understands it he that made the Gloss upon Gratian i Centesima dicitur usura quae sorti aequiparatur in anno So that by Constantines alowance no man was to receive of fruits above a third but for mony by the year the whole summe which was intollerable Others are of opinion that the Roman manner of paying for the lone of mony beeing by the month which Horace k shews Haec ubi locutus foenerator Alphius Iam jam futurus Rusticus Omnem relegit Idibus pecuniam Quaerit Kalendis ponere And of a Debtor to pay use l Tristes misero venère Kalendae They therefore m think no man should pay more than the hundreth part of the principall by the month called therefore Centesima which was 12. per Cent. in the year a large increase enough to ruine any borrower But be it which it will it cleerly shews as n the Emperour Valentinian and Theodosius say Vsury or increase for mony was ●ure permissam Neither the Lay alone but Bishops themselves not so carefull of their pastorall function as was fit did o per alienas provincias oberrantes negotiationis quaestuosae nundinas aucupari esurientibus in ecclesia fratribus non subvenire habere argentum largiter velle fundos insidiosis fraudibus rapere usuris multiplicantibus foenus augere so that not content with what the law allowed they did increase their stock by use upon use which how unconscionable it might be and how performed I will not here dispute he that would understand how it past may read Acursius his Gloss ad Leg. 28. Cod. Usuris These exorbitances in the Clergy procured the 17 Canon in the Council of p Nice which yet reached none but those that were {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} within the rule of the church And is undoubtedly there set down not as a thing in its own nature bad and forbid ●ure divino but as we say jure positivo upon the Churches command For First it did not extend to the Lay which had it been a sin in it self could not have been exempted out of the command Secondly at the same time the Emperor so renowned to all posterity for piety and equity in making Lawes establisht the thing it self by an Edict as did divers godly princes who succeded Thirdly it only provides for the future {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} he that should after that time take usury not with any reference to the past which had been most inconsiderately omitted had the thing been in its own nature bad q As the Heathens observed Lawes looked not at offences past if the thing were not in its own nature faulty So when it provides only for the future without any censure of the past there is a great probabilitie it was tolerable before Fourthly the other particulars provided for with the like severity are cleerly juris positivi as that none should use any manuall occupation for so I interpret {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} there Which how ever it may be very indecently exercised in any of the Clergy yet certainly hath no