of as great power beyond Douer as it is on this side for the law of nature and reason is euerie where alike But it is the custome of place and people which addeth power for euen a custome doth bind taking vpon it the nature of a law Ligat consuetudo quatenus interpretatiue lex est Be it custome then or be it a perfect law it must haue a greater power of binding euen as it is a custom or a law thē can alwaies be raised out of the nature of the thing accustomed or imposed For circumstances may so alter the matter as that which is imposed may be sometimes not so conuenient as in common intendment a good law doth presume Yet hath it been euer though more conuenient that some particular inconuenience should bee borne then an ancient custome or law should bee broken And if the binding power of a law should worke no further then the thing it selfe of it selfe doth moue the conscience without a law then were it no power at all but euery mans priuate conscience should haue power to abrogate and disanull as fast as authority doth inact A priuate power then must not abrogate that which is publicke Nihilagit vltra suam speciem but euery priuate man doth stand bound to a humane law vntill the same authoritie which bound him doe absolue him All things therfore considered it is a dangerous conceit to imagine that the power of humane lawes doth extend no further then the qualitie of the thing it selfe doth carie the conscience and so dangerous as if it should take palce it would violate that authority which is the ordinance of God and shake the very pillers of the earth § 2. 2 Then for the penaltie which maketh it a penall law I demand what power that hath to alter the premisses Is the vndergoing of such a penaltie an expiation of the sinne committed in transgressing the law God forbid The least sin deserueth a greater punishment then man can inflict Or hath it a power to dissolue that bond which by vertue of Gods law lieth vpon my conscience Or is it so incorporate into the law that it leaueth a free choice vnto men indifferently either to obserue such an act or to vndergoe such a penaltie Verily this is auerred but the contrarie seemeth vnto me very pregnant vpon these reasons following 1 First to make some way to that which followeth it is much to the preiudice and weakning of good lawes to giue such interpretations as doe dispence with the conscience and set that at libertie For if men be taught to make no conscience of this kind of obedience as God knowes they make but little such lawes shall lie as contemptible in the estimate both of good and bad as well of the obedient as of lawlesse and vnruly people euery man keeping or breaking the same as shall seeme best for his owne priuate aduantage But I would rather thinke and teach that as God Almightie is not an idle beholder of mens affaires but hath a powerfull working in euery action either to effect it or dispose it vnto good so sitting as Dauid speaketh in the parliament or assemblie of gods hee giueth an influence into euery good law enacted and by his owne law bindeth the conscience to the obedience of the fame 2 The end of a law is to withold men from vnlawfull acts such as bee thought vnfit to bee done or suffered in a well established gouernment For if men would of themselues refraine there should be no vse of lawes as the Apostle saith The law is not giuen to the iust man but to the laxlesse and disobedient They be snaffles and bridles to curbe those horses and mules which wil not otherwise be ruled And consequently the end of a penall law is by such a penalty to withhold the disobedient that such people might seele the smart of punishment who haue no sense of conscience First therefore if men would bee good of themselues there should need no lawes Next if men would make a conscience to obey that law which is made there should need no penaltie to be annexed As the law therefore is ordained for good manners so the penaltie is a thing subordinate to the law Now it is premised that euery good law without the penaltie by vertue of Gods law doth bind the conscience shall the penaltie then bee added to disanull that bond shall law and penaltie bee so incorporate and tempered together that the one shall disable the other this is no good morter Wee did rather thinke that penalties were annexed to corroborate and strengthen the law that by punishing transgressors according to the proportion and degree of the offence men might bee the more afraid to offend 3 But to speake in their language who doe vrge this interpretation if a penall law be disiunctiuely to be vnderstood that is either to be obeyed or else to vndergoe such a forfeiture I demand whether of these two is principally intended by the law Doth the statute first intend the penaltie or doth it lie indifferent vnto both alike If either of these then is it an vniust law For a good lawgiuer had rather haue his law kept then broken the reason is because the obseruation or keeping of it is simply good but the punishment of a transgressor hath in it the nature of euill tearmed malum poenae therefore a good intention is first moued vnto that which is good that the law may beekept And in the second place a punishment is intended as it is a remedie against a greater euill then it selfe I stand bound then euen in conscience vnto a good law according to the simple intent of it that is to say not because of the penalty only or to speak in the phrase of the holy Ghost not because of wrath onely which is all one but chiefly that I may performe that good thing which the law doth chiefly intend which if I shall trangresse the penaltie is indeed a satisfaction to that law but no expiation of my sinne of disobedience 4 Last of all that we may cleere this statute of all such imputation a statute which hitherto hath had no blemish cast vpon it being without the compasse and reach of their ordinarie exceptions the opposition to Gods law the abridgement of Christian libertie scandall and such like stones which they vse to fling at lawes If the Statute had any such purpose to make a disiunctiue law how shall that appeare For if it be not expressed then is it by common intendment to be vnderstood according to the premised rules and to put it out of quarrell that the contrary is intended shall appeare by three points within the statute 1 First there is a speciall clause in this statute of Vsurie that it shall bee most largely and strongly construed for the repressing of Vsurie against all persons who shall offend But this construction doth contrariwise giue a liberty to commit Vsurie so a man will
vnnaturall brood or generation of that which by nature is barren The spirit of God in Scripture hath branded all increase and ouerplus whatsoeuer aboue the principall by the name of a biter or gnawer as appeareth by the exegeticall ioyning of Tarbith with Neshec in the Law and the Prophets Which increase and ouerplus comming for the loane either of money or any thing which passeth by number weight or measure if it come meerely for loane without any other valuable consideration and meerely for that loane which passeth ouer the propertie and with the propertie the perill and aduenture of the principall and if it come for this loane not by way of gratuitie afterward freely giuen nor in the name of satisfaction for damage suffered by the lender without his owne act and consent but by former couenant and voluntarie contract betwixt the borrower and the lender and if this couenant be for lucre and gaine cleere gaine valuable gaine ratable at a certaine price either in money or money worth then is it that vsurie whereof the question moued is now to be discussed Whether it be a thing indifferent in it owne nature in any kinde allowable or whether it be simplie to be condemned as a sinne before God In this defining of Vsurie and distinguishing of it from all such practises as be only like vnto it and doe border vpon it we ought so neere as wee can to cut it by a threed and in the examining of the seuerall branches we shall meet with much finer and subtiller threeds then hitherto wee haue ouer fine I confesse for so blunt an instrument Notwithstanding this caueat I would gladly commend vnto you before hand that if this vsurie thus described do proue to be a sinne of that nature and degree as I am afraid it will men would not inure themselues in their commerce to coast ouer neere vpon it lest by little and little they be inticed by so sweete and pleasant a baite as this kinde of lucre is for the sweeter bait the diuell vseth the more dangerous is the hooke It was the wisedome of God in the training vp of his Church at the first to make Ceremoniall lawes as a pale to hedge in and compasse his Morall law like the railes about Mount Sinay to the end that by the obseruing of the Ceremoniall men might be kept aloofe from the transgression of that which is Morall as the abstaining from the blood of beasts taught them how farre they should bee from blood-thirstines and crueltie towards man A point so easie that it is obserued in matters most triuiall A man will not ride so neere the brink of a pit or ditch as he can for feare of falling but keepe a certaine distance off that he may be the more secure It is wisedome in iourneying I would to God it were so in liuing For as in nature opposites meete not without a middle nature so in moralitie Vertue and Vice touch not without some indifferent thing There be certaine brackish qualities which sauour of vice yet cannot absolutely be condemned euen so for vsurie there be some contracts neere vpon it which notwithstanding being filed and refined with many distinctions and cautions may happelie proue indifferent and lawfull yet sure it is those men who will not abstaine from some things which are lawfull shall of necessity commit manie things which are vnlawfull The end of the first Booke THE SECOND BOOKE PROVETH VSVRIE AS IT IS BEFORE DEFINED TO be vnlawfull First by authoritie next by reason CHAP. I. Wherein are propounded places of proofe from authoritie ALL proofe is reduced generally to two heads Authoritie and Reason In the former wee see with other mens eyes In the second with our owne And though it bee a wise mans part to see with his owne eyes yet must wee bee fooles first that wee may be wise Cisternes before we be Conduits for hee that will not suffer himselfe to be led first and guided by others shall neuer be able to finde the right way himselfe and certes good authoritie neuer had aduersarie but pride and singularitie I meane the authoritie of the most and the wisest Let vs consider then in the first part of this booke what they haue thought in former ages of this point who haue been much wiser then our selues and haue had as iust occasion to looke into it for Vsurie is no new deuice but an ancient sinne which hath been continually practised in all ages and in the most famous and flourishing nations of the world The authoritie therefore of the wise and learned in former times ought to be a great motiue to sway our iudgements in this point and if there be any goodnesse or lawfull moderation in vsury doubtlesse some of them haue found it out 1 But before we come vnto them we will first lay that diuine authoritie for a foundation to the rest which is beyond all exception For the testimonie of authoritie which of all arguments in Logicke is the weakest is the strongest in Diuinitie Let vs see therefore in the first place what the Scripture saith of vsurie for it or against it For where that Oracle vouchsafeth to speake there is not any need of further authoritie for confirmation They are therefore ouer simple who doe imagine that humane authoritie is alleaged to adde authoritie vnto Scripture as if that were defectiue Sola sufficit ad omnia satis superque It is alone alsufficient for authoritie if it be not mistaken The Church therefore doth comment vpon the Scripture only for explication of the text The text is absolute in it selfe but obscure vnto vs in regard of the weakenes of our vnderstandings and variety of apprehensions We must therefore of necessitie borrow light from others especially in these difficult cases of conscience which subtill wits haue spun into so many fine threads and which depend vpon so many circumstances 2. And because consent of Churches doth adde great validitie vnto authoritie it will not be amisse first to see what the Fathers of the East Church thought among the Grecians and how the Westerne Church hath seconded the same among the Romanes in her puritie before such time as corruption had ouergrowne her 3. Afterward when corruption both in doctrine and manners had spread ouer and blemished the face of the Church it wil be obseruable how this doctrine concerning vsurie did preserue her ancient integritie 4. But because all these are but the testimonies of seuerall learned men in their writings that which may be added as the voice of the Church ioyntly assembled in Councels will carrie more weight with it 5. Moreouer because a dwarse set vpon a Giants shoulders hauing the vantage of his whole body may happily see further then the Giant himselfe we will see what our moderne writers haue added vnto the authoritie aforesaid and whether our reformed Churches haue reformed any thing concerning this point All these put together if they had a good Collector would
only this such men are ashamed of their profession We may say of them as S. Paul said of an heretike that he is peruerted and sinneth being condemned of his owne selfe If vsurie bee an honest trade which men neede not be ashamed of our Citie is much to blame in this for there is no trade in it so poore and meane if it be an honest trade but hath a Companie The labouring man the Mason the Tiler the Water man nay the tribe of Isaker who carrieth burdens amongst vs hath a marke to know who belongeth to that sold onely they haue excluded the Vsurer and the Broker I said their owne hearts condemned them me thinks the Citie condemnes them too Is there no place for them Nusquans est qui vbique I pray God they be not of euery Companie Yet if we be asked what the Vsurer is we must answere as our Sauiour Christ speakes in the parable that he is a certaine rich man of no calling or profession a certaine rich man and that is all 2. That we may take a view of the borrowers we doe sort them into foure rankes First if they be poore indeed then is it miserable and palpable biting the emphasis of Gods law stands vpon that Such lending is to them like cold water powred vpon a seacoale fire or as a shower of raine vpon a load of lime though it may seeme to quench and coole yet it kindleth and inflameth more and more If they be young gallants and prodigall persons the Vsurers lend and they spend Let them looke to their lands let them beware of Dauids curse Let the Noshec that is the Vsurer catch all that he hath Illaqueat foenerator omnia quae ei sunt The spider lets them buzze and struggle till they be fast intangled lands and all and then hee sucketh them One vse that God maketh of such Vsurers in this world is to be a curse and a plague vnto riotous persons Against these two sorts of borrowers that schoole argument is demonstratiue that the vse and propertie of the principall be inseparable that the principall is spent in the first vse for these persons make but one vse of money It is spent to them in the first vse the poore for necessitie the prodigall for wantonnes doe send it packing neuer to returne either in kinde or any equiualent A third sort of borrowers bee rich and well grounded men A rich borrower how doe these two agree Doth the asse bray when hee hath prouender or loweth the oxe when hee hath fodder If such haue some present occasionall need as the richest may haue if thou canst spare it lend in kindnes and neighbourhood to receiue the like courtesie againe an other time This in such a case is consideration enough for a Christian because the Heathen desired no more but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for euen sinners saith Christ lend to sinners to receiue the like the like kindnes another time vpon the like occasion Humane societie cannot stand without lending and borrowing as S Basil notes Wherefore hath God made men sociable creatures but to helpe one another vpon such occasions But to lend rich men to inrich themselues more is to powre water into the sea thou art therein no good steward of Gods blessings which hee hath giuen thee to dispose of It is not good to feede a rich mans humour too much thou maist giue him weapons to doe hurt withall for he will gaine double or trebie at the least and some bodie must pay for that who cannot so well spare it Besides hee doth shustle thy stocke amongst so much wealth of his owne that thou canst not gesse which way is goeth or how it is imployed which being thy goods thou must answere for if thy care be not as great for the good imployment of thy money as it is for the sure paiment thereof The last sort are of a midling fortune or yong beginners who make a poore shift but are scarce able to manage their trade for want of money Now are we come to the proper obiect of the second worke of charitie For as free gift and almes belongeth to such poore people as be not able to repay any thing backe againe so free lending belongeth to such as these Heere is place for bankes of Charitie that tradesmen may haue free vse of money only paying the officers fees which is no vsurie If thou canst spare it thou maist doe well to pleasure such with a summe for a time freely that God may blesse thee Or if thou thinke so well of any of them to venture some stocke by way of partnership that way also thou maist profit thy selfe and them with a good conscience Is there no way but plaine vsurie If such young beginners cannot by such lawfull meanes be relieued they must take it for their crosse and be content to take paines in seruice vntill they can be masters of their trade It may be God would not haue them to come vp so hastily as they desire Good and lawfull meanes offered vnto vs are as a sermon from heauen to declare what the good will and pleasure of God is 3 For the Common-weale it be commeth not a Church-man to say much But this is obuious and plaine that it is not good for a hiue to nourish drones edenti sedenti dormtenti c. Let them eate sleepe sit and play doe what they will the moneths goe out and the money comes in These be the kine of Bashan which feede vpon the Commons Heare the word ye kine that are in the mountaine of Samaria which oppresse the poore and destroy the needie Nay they be like wormes and weapons onely to deuoure else what good doe they For sooth they send out their money It is true and that doth the Common weale pay deerely for a hundred thousand pound for euery million at the least But were these men in their graues their money would come more freely their young frie would send it abroad commonly most frankly without penie of interest And this is the special prouidence of God for the common good who as Salomon obserued will bring it so about that the Vsurers money will abroad for the good of others For if the Vsurer could make himselfe as he maketh his principal incorruptible wealth would quickly get into a few mens hands which is the present bane of a Common-weale The Vsurers money passeth from hand to hand like counters the standing boxe in the end would eate vp all and then what calamities tumults and seditions must needes follow If any can but hoise a standard be he Dauid or be he Absolon such discontented persons as be so fast in the Vsurers bookes will flocke by force to redresse themselues What lamentations in Nehemia his time for twelue in the hundred What beggerie amongst Spaniards by the Genowaies not withstanding their Indian trade What garboiles in Germanie by the