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A20736 Lectures on the XV. Psalme read in the cathedrall church of S. Paule, in London. Wherein besides many other very profitable and necessarie matters, the question of vsurie is plainely and fully decided. By George Dovvname, Doctor of Diuinitie. Whereunto are annexed two other treatises of the same authour, the one of fasting, the other of prayer. Downame, George, d. 1634. 1604 (1604) STC 7118; ESTC S110203 278,690 369

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but a bountifull act to require a quarter at the lest to be paid yearely for euer But indeed this example of Ioseph hath no affinity with vsurie For when the Egyptians money and cattell were spent and now had nothing left them wherewith to buy food for themselues and seed for their ground in this extremitie they come to Ioseph in the seuenth which was the last yeare of the famine and offer to sell themselues and their land to Pharao for food and seed whereupon Ioseph being not to deale for himselfe but for the king accepteth their offer and buyeth both them and their land to the kings vse and in testimonie that the right propertie and dominion of the land appertained to Pharao he remooueth the people of the land from one side of Egypt to another When as therefore the right and propertie of the lands of all the Egyptians excepting the priests appertained to Pharao he graunted the same vnto the Egyptians thus remoued as it were in fee farme reseruing the fift part of the fruits for a rent to the kings vse And therefore in this example there is no vsurie vnlesse it bee vsurie for a man hauing bought lands of one man to let them out to another at an easie rent Their fourth exception is out of both those places Exod. 22. 25. Leuit. 25. 35. viz. That vsurie is forbidden towards the poore and therefore it is lawfull towards the rich and some adde That not all vsurie towards the poore is condemned but that onely which biteth and oppresseth them For there may some vsurie be imposed vpon the poore which shall not bite them but rather heale the bite which their pen●rie hath made To omit the common practise of vsurers who out of their brothers want take aduantage of seeking the more gaine I answer that this euasion is verie friuolous for Deut. 23. 19 there is no mention of the poore but all vsurie is forbidden towards a brother whether he be rich or poore meaning by brother anie either Israelit or proselit or as Clemens Alexandrinus speaketh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And in this generall sence including both rich and poore the learned among the Iewes haue vnderstood this law and vnto this day it is obserued among them as appeareth by the booke of R. Abraham lately set foorth in Latin called Vox Dei And our Sauiour Christ Luke 6. 34 giuith this tetimonie to the verie sinners of his time among the Iewes that they would lend one to another that they might receiue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so much as they lent And therefore it is certaine that not so much as the lest vsurie was lawfull towards a brother whether he were poore or rich Indeed if the Lord in the Scriptures had put such a difference betwixt the poore and the rich as hee did betwixt the Israelit and the Canaanit To the rich thou mayest lend vpon vsurie but to the poore thou shalt not lend vpon vsurie then vsurious contracts with the rich might with good conscience be practised But Deut. 23. 19 20 he maketh opposition not betwixt the poore and the rich but betwixt an Israelit and a Canaanit and in other places of Scripture as Psal. 15. Prou. 28. Ezek. 18. and 22 all vsurie and increase is absolutly and generall without condition or limitation condemned In these two places viz. Exod. 22. and Leuit. 25. mention is made of the poore and needie because the commaundement of loane is especially made for their good and because vsurie imposed vpon them is a more grieuous sin But may we conclude from hence as indeed the author of the aforesaid english Treatise concludeth We may not take vsurie of a poore man therefore we may take it of the rich Then by the same reason we may conclude wrong is not to be done to the poore the widdow the fatherlesse or stranger therefore wrong may be done to the rich to the maried wife to the children that haue their parents liuing to those which be not strangers or when Salomon saith Rob not the poore because he is poore we might infer therefore thou maist rob the rich because he is rich But the Lord oftentimes when he speaketh against the sinnes of the sixt and eighth commandements maketh expresse mention of the poore and helpelesse because all wrong violence robberie and oppession exercised towards them are most grieuous and indeed crying sinnes And not onely in that respect doth the Lord sometimes mention the poore and needie in the prohibition of vsurie but also because those onely which haue need haue just occasion to borrow And as the needie haue most occasion to borrow so are they most subject to the oppressions and injuries of the welthie For as we commonly say Where the hedge is lowest there euerie one goeth ouer Howbeit the signification of a needie brother is not to be restrained to them which are of base condition but is to be extended also to those who being of good callings are come behind hand or fallen into need not hauing meanes of their owne to supplie their want For if men haue meanes of their owne they ought not to borrow For the holy ghost in the borrower presupposeth need and to the same purpose Plato prouided by law that no man should fetch water at his neighbours well vntill himselfe hauing first digged 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vnto the potters earth vnder which there is no water did find his owne ground to be without water And it is truly said of Plutarch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That the law prouideth for their helpe who want meanes of their owne And therefore to those who haue no need to borrow we need not lend But if we do lend we must lend freely or if we will looke to gaine by those which need not our helpe we must deale with them by some honest contract of negotiation For loane is such a contract as God hath appointed to be free and where it is not free he hath condemned it with fearefull termes vnder the name of vsury For as Chemnicius well faith In humane societies God would not haue all things set to sale but hee requireth that some duties should be free which are deformed and depraued if either they be sold as things venall or let to hire as mercenarie duties And surely sayth he if the Scriptures in the contract of loane should graunt vsurie to be exercised towards the rich the dutie of free lending would soone be abolished and those who haue need to borrow should not bee able to borrow freely for euerie man will thinke he giueth to the needie so much as he might gaine of the rich and you may be sure that will not bee much and therefore God should then haue prouided worse for the poore when hee intended to haue prouided best for them for mens necessitie manie times is such that they must needs borrow and better vpon vsurie than not at all And
meane the proud and riotous persons they are to be dissuaded from their sinne by this argument among many others That besides their owne sinnes which are too heauy for them to beare they make themselues accessarie to the sin of the vsurer For as Plutarch sayth well 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 delicacie riot and excesse hath set vp vsurers For if these men would liue soberly and frugally according to their calling and estate and would cut out their garment as we say according to their cloth they should not need to flie to the vsurer Wherefore as others when they be in the vsurers danger flie to sanctuaries so to preuent this danger the best course for these men were to make vnto themselues a sanctuarie of frugalitie as Plutarch speaketh Lastly for couetousnesse as those which seeke to enrich themselues by borrowing vpon vsury And this their couetousnesse for which they borrow is commonly joyned either with oppression and hard dealing or with hypocrisie and dissembling or with deceit and cousenage Some therefore borrow for couetousnesse joyned with oppression and hard dealing and of this kind there be diuerse sorts First those who borrow money vpon moderat vsurie that they may put it forth againe vpon griping vsurie a generation of men not so much to be confuted by a minister as punished by the magistrat Secondly such tradesmen as hauing set downe with themselues that they will be rich and being therefore not content to traffique with their own stocke to the intent they may compasse great matters and perhaps that they may play the engrossers they take vp money vpon vsurie But these men offend first in maintaining the vsurer and consenting to his sinne secondly by making the buyers pay their vsurie thirdly by inhaunsing the prices of such commodities as they ●ell as before hath beene shewed But as these men consent to the sinne of the vsurer so is the vsurer also accessarie to their oppression of the buyer and both of them conspire to the robbing of the commonwealth Thirdly those which borrow money on vsurie to purchase lands or houses for besides that they offend in maintaining the vsurer and consenting to his sinne in buying lands with money borrowed vpon vsurie either they ouerreach the seller taking aduantage of his want or by racking of their rents make their tennant pay the vsury or themselues must liue by the losse if buying lands after twentie yeares purchase and so receiuing after fiue in the hundred themselues doe pay after ten in the hundred or else they must abate so much of their hospitalitie and housekeeping to the hurt of the poore and perhaps betake themselues to some corner in a citie where they may liue priuatly and obscurely as if they were born only for themselues Againe there are which borrow for couetousnesse joyned with hypocrisie and dissembling as those which being indeed rich doe borrow vpon vsurie that they may seeme poore and seeming poore may auoid the communication of their goods either to the publicke vse of the Church as in contributions or of the commonweale as in subsidies and taxes or to the priuat necessities of their brethren Would you borrow of them alas their estate is such as that themselues are faine to borrow and that vpon vsurie Thus besides their wilfull communicating with the vsurer in his sinne they offend through couetousnesse and hypocrisie But the most wicked sort of borrowers are those which borrow for couetousnesse joyned with deceit and cousenage A generation of men in these dayes who neuer minding to repay borrow or otherwise take vp on trust they care not how much nor vpon what conditions and when their credit will extend no further they become voluntarie bankrupts and by that meanes forcing their creditors to take a third or fourth part of their debt they enrich themselues with other mens goods the most vile and basest cousenage that euer was practised And thus we haue heard the three first cases wherein men borrow without necessitie The fourth is when men haue sufficient and conuenient meanes of their owne to supply their want And I call those conuenient meanes in this case speaking by comparison which would not bring a losse vpon vs much greater than the biting of vsurie For whiles a man hath meanes of his owne he ought not to borrow of others and much lesse vpon vsurie Wherefore Plato would haue it prouided by law That no man should fetch water from his neighbours well vntill himselfe had digged vnto the potters earth The Scripture alwayes speaking of loane presupposeth the borrowers want Why therefore doest thou goe to the vsurer seeing thou hast in thine owne store a remedie against thy necessitie thou hast plate or other stuffe which thou mayest spare yea thou hast some lands which thou mightest better sell than borrow vpon vsurie Againe consider that to be in state to borrow it is a crosse but to borrow vpon vsurie and so to fall into the vsurers nets it is a curse which we should not be hastie to draw vpon vs vnlesse it be for auoiding of that which is a greater curse The fift and last case is when men borrow vpon vsurie who might if they would borrow freely Yea but I had rather sayth one giue ten in the hundred than make my selfe so much beholden to any man Why but thou professest thy selfe when thou borrowest much beholden to the vsurer and so art vnlesse thou dissemblest and wilt thou be beholden to him rather than to thy friend or if thou wilt be no more beholden to thy friend than to him why maiest thou not giue to him voluntarily as much one way or other as thou wouldest to the vsurer vpon couenant But this euidently sheweth that thou chuse●t rather to giue another man occasion of sinning by the practise of vsurie than to giue thy friend occasion of well doing by exercising his liberalitie and therefore canst not by any meanes excuse thy selfe from a wilfull consenting to the vsurers sinne Neither mayest thou hope to bee exempted from partaking in the vsurers punishment if thou wilt be partner in his offence Thus then he offendeth who borroweth vpon vsurie without necessitie and that offence reacheth also to those who without necessitie borrow vpon vsurie though not directly when as they taking vp of wares vpon trust doe pay the dearer for the time The second point wherein a borrower vpon vsurie may offend is when as he taketh vp money to ill purposes as when he borroweth to maintaine his vnlawfull gaming to nourish his vnhonest pleasures to execute his couetous designes c. for if it be not lawfull to doe ill that good may come thereof much more is it vnlawfull to doe ill that euill may come thereof And therefore he which borroweth for any ill purpose he sinneth not onely in borrowing as an accessarie to the vsurers sinne accessarie I say because he willingly consenteth thereto and he consenteth willingly because there is no true necessitie of
borrowing to an ill purpose but also he sinneth in that for which he borroweth and besides the vsurers sinne to which he is accessarie he addeth another of his owne wherein he is principall The third thing wherein the borrower vpon vsury may sin is if he induce the lender to lend vpon vsurie who either would haue lent freely if it were needfull or if it were not needfull would not haue lent at all for he which induceth another into any sin which otherwise he were not willing to haue committed seemeth of the two to sin the more fearefully as the serpent which tempted Eue and as Iezabell who prouoked Achab. But that it may appeare when the borrower induc●th the lender to vsury when not we are to remember the third distinction before mentioned For it is one thing for the borrower to offer vsurie of his owne ac●ord and another to yeeld vnto it vpon necessitie being imposed by the lender for he that doth onely yeeld to vsurie vpon necessitie being imposed on him by the lender cannot truly be said either to induce the lender vnto vsurie or willingly to consent thereto Againe there is difference to be made whether a man that would borrow offer vsurie at the first motion of borrowing or after the other parties refusall whom he desireth to lend For seeing in a case of vrgent necessitie it is a greater sinne for him that is of abilitie not to lend at all than not to lend freely therefore he who being in vrgent necessitie intreateth an able man who hath refused to lend at all that he would lend though it be vpon vsurie cannot truly be said either to induce him into sin or willingly to consent thereto for he doth not induce the lender into sinne when onely he intreateth him to auoid the greater sinne neither doth he willingly consent to that which he maketh choise of onely as the lesse euill As for example a man being diseased with some dangerous sicknesse commeth to a Phisition to be cured promising an equall reward the Phisition refuseth to meddle with him the partie being in this extremitie offereth the Phisition ten times the value of his cure so he will not refuse to heale him to refuse the cure altogether is in a case of extremitie the greater sinne in the Phisition this therefore the sicke partie desireth him to auoid to pay an vnreasonable fee is a lesse euill to himselfe and therefore that he maketh choise of Suppose a man vpon the way to faile vnder his burthen or to bee in any other distresse as wee are subject to many casualties nay suppose a mans horse or cart to be ouerthrowne and himselfe not able to relieue himselfe or his cattell therefore another able man passing by who both could and ought to succour him in this case he intreateth his helpe the partie churlishly refusing his aid he offereth him that which is tenne times more worth than his labour so that he would not refuse to helpe him in his need In like case a man being in great need and readie to faile vnder the burthen of his present want commeth to an able man who both could and ought to relieue him and intreateth him to lend him twentie pounds the partie vnchristianly refusing hee sayth Sir if you will lend me this money in my need I will make you allowance according to the statute Why this borrower should be accessarie to the sinne of vsurie and not the other distressed persons accessary to the sinne of oppression and extortion as indeed they are not I cannot conceiue But if at the first motion thou offerest vsurie to the lender thou inducest him vnto vsurie and whatsoeuer thy case be thou art accessarie to his sinne But you will say he is a knowne vsurer of whom if I do but aske to borrow freely I shall be sure not to borrow at all Answer Thou knowest not how God may moue and incline his heart to thee and it may be that if not in regard of thy need yet in regard of thy friendship or thy friends or some other respect he will not reject thee Why but he is a notorious vsurer alreadie and therefore my motion will not induce him to be an vsurer Distinguish betwixt the habit and the act though thou doest not induce him to be an vsurer yet thou inducest him to commit an act of vsurie euen as a whoremonger alluring a common harlot to follie though he doe not induce her to be a whore for that she is alreadie yet hee induceth her to the actuall committing of whoredome The fourth case wherein borrowers vpon vsurie may offend is when they haue no good assurance of any future meanes to repaire the losse which vsurie inflicteth without either the damnifying of others or impouerishing of themselues In respect of others therefore they offend when as they purpose to make other men pay their vsurie As he which borroweth money vpon vsurie with purpose to put it forth at an higher rate or that buyeth wares either vpon trust and so payeth the more or with money borrowed vpon vsurie with purpose to pitch his prices so as that he will gaine sufficient both for himselfe and the vsurer too and thus becommeth an hurtfull member to the commonweale or buyeth lands with money borrowed vpon vsurie meaning so to racke his rents as that his poore tennants must pay his vsurie and so becommeth an oppressor of others In respect of themselues they offend when as they know no good meanes to cure the wound which the biting of vsurie will make but first borrow of one and then to satisfie him of another and so of a third c. the debt in euery change of the creditour being increased one tenth part vntill at length vsurie hath consumed their whole estate Vnlesse therfore thy commings in do so much exceed thy expences as thy vsurie commeth to assure thy selfe the longer thou borrowest vpon vsurie the more will be thy want Neither mayest thou thinke by changing thy vsurious creditors to better thine estate for it fareth with such a man as with him who sticketh deepe in the myre and clay who lifting vp the one leg in hope to get out thrusteth the other the deeper in and then to get out that shifteth to the other but the oftener he shifteth the deeper he plungeth himselfe or that I may vse Plutarch his similitude it happeneth to them who change their creditours as to a man which being fallen into the dirt turneth himselfe vp and downe for the more he turneth the more is he bedirted If therefore thy future meanes are not like to be better than the present extend thy present meanes to the vttermost for the supply of thy want and where they be defectiue acknowledge thy want and stand to the fauour of others For if thou canst not beare a lesse burthen now when thine estate is better how wilt thou beare a greater when thine estate shall be weaker than now it is Well therefore