companie of men and that he ought not to be suffered in the Church of God for an vsurer is euer a theefe How then can lending vpon vsurie though but for once or twice be lawfull for if it were lawfull for once or twice why not for three or foure times and if so oft why not for fiue or six times and if so why not for ten or twentie or for so oft as you will Now if you lay these three exceptions together you shall perceiue that this patron of vsurie would haue none to be coÌ„demned by this place but such as making a trade of exacting great and excessiue vsurie of the poore do thereby alone gather great wealth so that there can scarcely be found any so wicked an vsurer who may not by these exceptions elude and shift off from himselfe this so plaine a testimonie against all vsurie I proceed to the third testimonie Eze. 18 which if there were no more might alone suffice for the condemnation of all vsurie whatsoeuer For there the holy Ghost vers 8 and 17 describing a just man that shall surely liue among other markes he reciteth this twice And hath not giuen forth vpon vsurie neither hath taken any increase And againe desciphring a wicked man who should not liue but die the death he setteth downe diuerse notes any one whereof should without repentance be sufficient for his condemnation for so he faith vers 10. and 11 If a just man be get a sonne that is a theefe or a sheder of bloud if he do anie one of these things though hee doe not all these things but either hath eaten vpon the mountaines or defiled his neighbors wife or hath oppressed the poore and needie or hath spoiled by violence or hath not restored the pledge or hath lift vp his eyes vnto the idols or hath committed abhomination or hath giuen forth vpon vsurie or hath taken increase shall he liue he shall not liue seeing he hath done all these abhominations he shall die the death and his bloud shall be vpon him Where we may note that not onely the act of couenanting for gaine in the contract of loane but the exacting also of an ouerplus or cleare increase though perhaps without any couenant going before is condemned And that it is condemned not onely among other crimes forbidden in the morall Law but also is reckoned among those abhominations for the coÌ„mitting of any wherof without repentance the Lord denounceth certain death asking with indignation that any man should make a question whether vsurie be a damnable sinne or whether the vsurer dying in that sinne without repentance should bee saued That hath saith he giuen forth vpon vsurie or hath taken increase shall he liue he shall not liue he shall die the death and his bloud shall be vpon him And lastly that all vsurie or taking increase is generally forbidden without limitation of circumstances Whereas therefore the holie Ghost setteth downe this proposition Whosoeuer putteth forth his money to vsurie or taketh increase shall surely die meaning thereby eternal death It is a wonder if the conscience of the vsurer do not from thence assume and conclude thus But thou lendest forth vpon vsurie thou takest increase therefore if thou continuest in this sinne thou shalt surely die eternally and thy bloud shall be vpon thee Against this allegation they object first that the generall which is here forbidden is oppression of the poore of which generall this is one speciall kind biting or multiplication The former of money the latter of other things If therefore vsurie be so tempered that it oppresse not the poore it is not forbidden much losse if it relieue him I aunswere that to speake properly nothing is here commaunded or forbidden but certaine notes are recited both of the just man who is to be saued from the fift verse to the tenth and also of a wicked man who should not liue but die from the tenth verse to the fourteenth And that among the notes of the just man abstinence from oppression is not set downe as a generall including other specials but as a distinct note or if it were set downe as the genus of vsurie what other thing could be concluded thence but that all vsurie is oppression Now in the catalogue of those markes whereby a wicked man is deciphred betwixt oppression of the poore and vsury idolatrie is placed which is a sufficient argument that vsurie is not here set downe as a species of oppression of the poore and needie before specified howbeit this is to be acknowledged that vsurie so often as it is exercised towards the poore is an oppression of them But if you desire to know the true genus of vsurie you may say it is theft For vsurie is the lenders theft which if it be exercised towards the poore and needie is also oppression and robberie Secondly they object that in this place of Ezekiell the retaining of the pledge is as well coÌ„demned as the taking of vsury But the retaining of a pledge is somtimes lawful therfore also vsurie I answer that by the same reasoÌ„ other malefactors might defend their robberie idolatry and such other abhominations some whereof are here interâ—erted betwixt the detaining of a pledge taking vsury But hereby you may perceiue the strange dealing of these men for whereas among nine or ten notes one onely is found which is not simply euill namely the retaining of a pledge hence they will conclude that there is the same reason of taking vsurie and of keeping a pledge Why do they not rather gather seeing vsurie is reckoned among eight or nine other notes which be of things simply euill and abhominable that vsurie in like sort is simply euill and abhominable and that is Ambrose his collection Vide saith he quemodo foeneratorem cum idololatra copulauit quasi crimen equaret See how he hath coupled the vsurer with the idolater as though hee would haue vsurie esteemed an equall crime with idolatrie There remaineth the last testimonie Ezech. 22 against which no such exceptions can be taken For among other abhominations for which the Lord threatneth destruction against Ierusalem this is reckoned verse 12 Thou hast taken Neshek Vetarbith vsurie and increase from whence we may plainely gather that seeing vsurie is called an abhomination and is reckoned among things not only simply euill but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Basill obserueth the most outragious transgressions of the morall law that it also is of the like nature and that it is such a grieuous sinne as that it pulleth downe the wrath of God not onely vpon the vsurer himselfe but also against the country wherein he liueth And here we are to obserue that the taking of vsurie and increase is so condemned for such an abhomination as I haue said as that no such exception can with anie shew of reason be objected against this place as against the former For here is no mention
calleth it Thou shalt loue thy neighbour as thy selfe Wherein all the precepts of righteousnes that is to say of the second Table are summarily contained And the rule of exercising this righteousnesse is that law of nature commended vnto vs by our Sauiour Christ Mâ—t. 7 Whatsoeuer you would that men should do to you euen so do you to them for this is the law and the prophets Which sentence is sayd so to haue pleased the Emperour Alexander Sâ—uerus that in his pallaces and publicke buildings he caused it to be written and engrauen and when he punished any man he caused this saying to be proclaimed by the crier Quod tibi non-vis alteri ne â—eceris Do not to another what thou wouldest not haue done to thy selfe Now the exercise or working of this righteousnesse is here made a note of the child of God For he doth not say he that can talke of righteousnesse nor he that delighteth to heare anoter man speake thereof nor he which professeth righteousnesse or maketh a pretence thereof but he that worketh righteousnesse shall dwell in the holy mountaine of God For there are some which can notably discourse of righteousnesse than whose life nothing is more vnjust And there are others who with Ezeâ—â—iels auditors delight to heare the Minister preaching of righteousnesse as if he were some skilfull Mulitian that hath a pleasant voyce but it is to heare onely and not to practise There be many also who with the Pharisies say and do not which professe righteousnesse but do not practise it Qui Curios simulant Bacchanalia vivunt But with the folly of these men the holy Ghost meeteth in diuerse places of the Scripture Mat. 7 Not euerie one that sayth Lord Lord shall enter into the kingdome of heauen but he that doth the will of my father which is in heauen Rom. 2 Not the hearers of the Law are just before God but the doers of the Law shall be justified Iam. 1 Be ye doers of the word and not hearers onely deceiuing your selues c. Mat 5 Vnlesse your righteousnesse exceed the righteousnesse of the Scribes and Pharisies who sayd and did not you shall not enter into the kingdome of heauen Wherefore brethren let no man deceiue you not he that heareth nor he that speaketh not he that professeth or prâ—tendeth but he that worketh righteousnesse he is righteous Neither is that to be omitted that the holy Ghost speaketh in the present tence thereby signifying a continuall act as Basill hath obserued Marke saith he the accuratnesse of the speech he doth not say who hath wrought but he which worketh For it is not one action that maketh a vertuous man but it behooueth a man in his whole life to keepe a constant course of well doing For Iustice is an habit induing a man with a perpetuall and constant will to do euery man right But here some will object The Scriptures testifie that there is not a righteous man vpon the earth Rom. 3. There is not a iust man no not one If therefore the righteous onely shall be saued and scarcely they as Peter saith How can any man liuing hope to be saued seeing there is not a just man vpon earth that doeth good and sinneth not as Salomon professeth I answer If we should be summoned before the Iudgement feate of Gods justice and the Lord should deale with vs summo iure according to extremitie exacting at our hands that full and perfect righteousnesse which is required in his law assuredly the Lord entring into judgement with vs no man liuing could be iustified But we must appeale from the judgement seat of Gods justice to the throne of his mercy and from the sentence of the Law concluding all vnder sinne to the sentence of the Gospell pronouncing all those that truly beleeue in Christ not just onely but also blessed that so being clothed with the righteousnesse of Christ by faith we may in him be justified though vnjust in our selues in respect of legall righteousnesse Now those which truly beleeue in Christ are sayed to be righteous two wayes before God by Faith that is by the righteousnesse of Christ apprehended by Faith before men by the fruits of Faith that is by righteousnesse inherent in vs and performed by vs. For those which beleeue in Christ their Faith is imputed vnto them for righteousnesse because they apprehending Christ who is our righteousnesse and by the same Faith being vnited vnto him his righteousnesse and obedience is imputed vnto them and accepted of God for them as if they had performed the same in their owne persons But they who are justified by the righteousnesse of Christ are also sanctified by his spirit regenerated and as it were created a new to good workes which God hath prepared for vs that we should walke in them For so soone as we are deliuered by Christ out of the bondage of sinne we become the seruants of righteousnesse That as in former times we gaue our members as seruants of sinne vnto vnrighteousnesse we should from henceforth giue them as seruants of righteousnesse vnto holinesse And howsoeuer the best obedience of the faithfull is but an imperfect obedience ioyned with manifold infirmities and wants and stained with diuerse corruptions wherewith they are infected and sinnes whereinto they fall in so much that Esay compareth the righteous works of the faithfull to menstruous clouts notwithstanding the Lord beholding them in Christ and accepting their will for the deed and sincere indeuour for the performance not onely themselues are termed righteous but are also said to worke righteousnesse And this working of righteousnesse the perfection whereof is not to be measured by the perfectnesse of the worke but by the vprightnesse of the will and sinceritie of the indeuour aspiring towards perfection is an vndoubted note of a true citisen of heauen who in this Psalme is described And that the Lord accepteth those for true members of the inuâ—sible Church who worke righteousnesse the Scriptures testifie In euery nation saith Peter he that seareth God and worketh righteousnesse is accepted of him And this is so vniuersall a note of the children of God and so proper vnto them that whosoeuer worketh righteousnesse he is truly said to be borne of God and he that worketh not righteousnes is not of God but of the diuell But as they that worke righteousnes are the seruants of God in the kingdom of grace so shall they raigne with him in the kingdome of glory For that which is said in the beginning of this Psalme That he which worketh righteousnesse shall rest in the mountaine of God and in the end That he shall neuer be remoued the same is coÌ„firmed by the holy ghost in other places of Scripture Esay 33 He that walkâ—th in righteousnes c. he shall dwell on high And Prou. 10
he had learned it he said That in 49 yeares he had not so learned that lesson that he was able to performe it For as Iames sayth If any man sinne not in word he is a perfect man and able to bridle all the body And as he is perfect so also blessed as that wiâ—e man sayth Blessed is the man who offendeth not with his mouth It remaineth therefore that euery one should apply this note to himselfe For as those which find themselues to be giuen to backbiting and sâ—aundering mustrepent of this sinne if euer they hope to rest in the mountaine of Gods holinesse because as yet they bee not so qualified as they are who shall inherit the kingdome of God whose propertie it is not to slaunder with their tongue so those who professing religion haue learned to bridle their tongue and in tender care of their neighbours good name doe loue to speake charitably of them may by this note among others gather assurance vnto themselues that they be the children of God The fift note is expressed in these words That doth none euill to his neighbour Where first we are to vnderstand the meaning of the words By neighbour who is meant all doe not agree The vulgar sort esteemeth no man their neighbour who is not vicinus neare them in dwelling The Scribes and Pharisies accounted no man their neighbor who was not their friend for so were they wont to say Thou shalt loue thy neighbour and hate thine enemie But Christ our Sauiour extendeth the signification of neighbour to our enemies also and Luke10 being demaunded by an expounder of the law Who was his neighbour he euinceth That the Samaritane though hated of the Iews for his countrey sake was that Iewes neighbour who had fallen among theeues and consequently that euery Iew was to shew himselfe a neighbour to any Samaritane or stranger in the like case And in the law it selfe the Lord so expoundeth himselfe for whom in Exod. 23 he calleth thine enemie the same in Deut. 22 where the same law is repeated he calleth thy brother Now neighbour and brother is vsed in the same sence in the Scripture as Leuit. 19. 17. Thy neighbour therefore is not onely hee which is nigh vnto thee in place or neere in friendship but also he who is neere vnto thee in nature as euery man is partaking the same humane nature with thee whether he be friend or foe thy countryman or stranger For all men are brethren among themselues hauing one father which is God and one mother which is the earth All are neighbours being neare one vnto another in nature all made of one blood all one flesh For euen the poorest man that hath not a clout to couer his nakednesse he is thy flesh that is of the sameflesh with thee and therefore art to pittie him not to hide thy selfe from him By the word neighbour therfore we vnderstand any man whatsoeuer euery man being neere vnto vs in nature and neerely joyned to vs by the common bond of humanitie For therefore doth the holy ghost vnder the names of neighbour brother in the Scriptures signifie any other man whatsoeuer to teach all men so to be affected one to another as it becommeth louing neighbours and brothers By Euill we are to vnderstand any harme injurie losse or hinderance whatsoeuer done either to the soule of his neighbour or to his bodie chastitie goods or good name for to the soule harme may be done by scandales in life or doctrine that is to say by euill examples or erronious opinions to the bodie by violence to the chastitie by fornication and adulterie to the goods by theft or robberie to the good name by slaunders and ill reports So that in these words the holy ghost assigneth to the citisen of heauen such innocencie towards all men that willingly he will doe no harme to any man whether friend or foe whether countryman of stranger whereby either his soule may be scandalized his body hurt his or her chastitie violated his goods impaired or his good name impeached And further vnder this negatiue the affirmatiue also is required in those which are and shall bee citisens of heauen namely That they do not only abstain from euill but also that they bee willing and ready to doe good to their neighbour that is not only to their friends and welwillers but also to their enemies Thus haue we the meaning of the words Let vs now come to the scope and purpose of the Psalmist that is to shew that this innocencie is a peculiar note to the sonnes and heires of God as belonging to them all and to them alone for it is the propertie of Gods children to be more readie to suffer than to offer wrong For euen Socrates though a heathen man could say That it is better 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to suffer iniurie than to doe wrong For from offering euill to any they are restrained by these considerations First as touching any other men whatsoeuer they call to mind and consider that they were created according to the same image of God and consequently that they cannot be hurt but that the image of God also shall be violated They consider that they are their brethren of the same nature of the same bloud of the same flesh which affinitie maketh euen beasts of the same kind to loue one another and therefore that he which hurteth or wrongeth another offendeth against humane nature and violateth humanitie it selfe And therefore are louingly and courteously affected towards all men not willingly doing any thing to others which they would not that others should do to them in the like case And as concerning those which be of the houshold of faith in which number when they thinke of particulars they esteeme all that professe the same faith with them to them they thinke themselues tied by a neerer bond of loue For those they embrace as brothers not onely in respect of creation but also in respect of adoption as brothers not onely in nature but also in Christ them they loue and affect not onely as neighbours who are neere vnto them in nature but also as those who are one with them in Christ as being fellow members of the same bodie whereof Christ is the head And therefore they easily perceiue that no wrong can bee offered to them which doth not redound to Christ himselfe for what good or euill is done to his members Christ esteemeth it as done to himselfe Wherefore the children of God are so farre from any course or custome of doing ill to their neighbours that on the contrary their desire and indeuour is to do good to all men but especially to those which be of the houshold of faith For first as touching the soules of their brethren their desire is to liue without offence and not to hinder the saluation of their brethren either by prouocation
vnrighteous saith the Prophet forsake his owne imaginations and returne vnto the Lord For therefore is repentance called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it is a changing of the mind And to conclude those that will walke vprightly before God they must labor to approue not onely their outward behauiour but also the secret thoughts of their minds and affections of their harts to him that trieth and searcheth the harts and râ—ynes of men especially looketh to the hart Neither are the children of God to take vp in their mouthes that is to vtter which is a second signification of the verbe nasa slanderous reports for the tongue of the godly wise is healthfull being readie to heale the good name of his neighbour and not to wound it whether before his face by railing scorning cursing or behind his backe by whispering and slandering And thus some do read this place and vttereth not a reproch which translation seemeth not to be so fit because we may not thinke that the Prophet in such breuitie of speech would reckon one and the same note twice for according to this reading the fourth note should differ litle or nothing at all from this Neither are the children of God to take vp ill reports with their eares or to giue eare vnto them or to receiue them for that is a third signification of the word which the Chaldey paraphrase and the Greeke and Latine translations do embrace viz. to receiue for so the Septuagints to omit the rest do read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and receiueth not an ill report against his neighbours To these we may add a fourth signification of the verbe which is to beare or endure according vnto which the meaning of the Prophet may be this that the child of God cannot brooke a slanderer neither can he endure to heare his neighbour defamed By neighbour as was said before we are to vnderstand not onely those who are neere vnto vs in place which most commonly are called neighbours or in friendship but those who are neere vnto vs in nature as all men are whether they be remoued from vs either in place as forreiners and strangers or in affection as foes The meaning therefore of the words is this that he who shall inherit the kingdome of heauen shall be so farre himselfe from backbiting his neighbour or slandering him as that willingly he heareth not the slanderous reports of talebearers neither can he endure that the good name of his neighbour which is so deere vnto him should be violated For surely the good man to whom the glorie of God is deere and who also tendereth either the fame or saluation of his neighbour he taketh no delight in hearing the faults of his brethren For by offences Gods glorie is obscured the saluation of our brethren hazarded their good name impeached and the judgements of God prouoked Whosoeuer therefore taketh pleasure in hearing of the offences of others he also delighteth to heare those things whereby God is dishonored our brothers saluation hindered their good name impaired and the judgements of God procured which is scarcely incident to a godly man whose propertie it is rather to mourne for the dishonour offered to God and to be sorie for the infamie of his brother and to pitie his miserable condition in that by his sin he hath exposed himselfe to the iudgements of God both in this world and also in the world to come As for the rest who being of this world belong not to the heauenly Ierusalem forasmuch as they are full of enuie and selfe-loue they thinke the commendation of others to be to their disparragement and esteeme the dispraise of others as a praise to themselues and therefore take pleasure to heare the vices and offences of others their eares being like to cupping-glasâ—es readie to receiue the worst things And this is so common a vice though few obserue it in themselues that scarcely there is any meeting or conference of men wherein the vices of others are not both maliciously related but willingly heard and so heard that they may be reported againe to others Whereby it appeareth that this charitable disposition whereby a man so tendereth the credit and good name of his neighbour as that neither himselfe will defame him nor willingly heare the slaunderous reports of others is particular to the children of God and heires of eternall life and therefore not vnworthily reckoned among the notes which are proper to them Here therefore we are taught if we would be accounted citisens of heauen so to tender the good name of our brethren as that we will not willingly heare the slanders of talebearers and backbiters And forasmuch as this dutie is of so great moment and importance as that the holy Ghost reckoneth it as one of the ten markes of Gods children let vs briefly consider and weigh the arguments whereby we may be stirred vp to the practise thereof Consider therefore both the discommodities which follow vpon the receiuing of ill reports also the commodities which accompanie the repelling or rejecting of slaunders For if thou hast thine eares open to talebearers and slaunderers thou becommest accessarie to their sinne and guiltie of the same offence with them Now a slaunderer as I haue shewed heretofore is a manslayer killing three men as it were with one stroke a serpent biting in secret a diuell To this foule offence hee maketh himselfe accessarie who willingly receiueth tale-bearers and hearkeneth to their slaunders For if there were not a receiuer of tales there would not be a tale-bearer For as in the crime of theft he is accessarie which receiueth wittingly stollen goods so in this crime of backbiting he is accessarie who willingly receiueth the whisperers reports yea is more guiltie of his neighbours infamie than the other is of fellonie A theefe by himselfe may steale and without a receiuer may rob his neighbor of his goods but a tale-bearer or slaunderer cannot rob a man of his good name nor yet impaire his credit vnlesse there be another to heare and to admit his slaunders well may he shew his owne mallice but him that is absent he cannot hurt Wherfore Bernard doubteth not to affirme That tale-bearers and tale-hearers are guiltie alike And againe Whether is more damnable sayth he to be a teller or a receiuer of tales and ill reports it is hard to say For as the tale-bearer hath the diuell in his tongue so the tale-hearer hath the diuell in his eare But if you would vse to stop your eares against tale-bearers and giue them the repulse either by a frowning countenance or some sharpe reproofe these commodities would follow thereupon first you should preserue the good name of your neighbour which is perhaps as deare vnto him as his life secondly you should keepe your selfe cleare from the guilt of this sinne For as I said before the backbiter whiles he iâ—â—â—cteth the eare he destroieth the soule casting thereiâ—â— the seeds of
fully and more learnedly discourse of this controuersie than it hath been handled by others men of greater reading and riper experience yet seeing the holy ghost in this place reckoneth abstinence from vsurie among the markes of Gods children whereunto we are now by order come hauing alreadie intreated of those which goe before I may not nor will not refuse to set downe what we are to hold concerning this controuersie and as God shall enable me to determine this question That if vsurie shall be found to be lawfull and warrantable by the word of God the vsurers may hereafter practise it in faith which hetherto it is more than probable they could neuer doe or if it shall appeare to be vtterly vnlawfull that they wholly abstain and desist from the practise thereof as euer they hope to rest in the mountaine of Gods holinesse Of the name of Vsurie and of contracts in generall VSurie hath his name of the Latine word Vsura which in the first signification thereof signifieth the vse or fruition of any thing as of money Cic. 1. Tuscul. Natura dedit vsuram vitae tanquam pecuniae Secondly Vsura signifieth any accession addition ouerplus or increase aboue the principall which is yeelded to the creditour in respect of the vse of money lent or forborne or of any thing else which is spent in the vse And this increase is either voluntarie or exacted The voluntarie increase is a free gift gratuitie or reward which the borrower or debtour hauing gained by the imployment of the money borrowed voluntarily and freely giueth to the lender in testimonie of his thankfulnesse for the benefit receiued which some call vsuram or foenus liberale The exacted increase is that which the creditour demaundeth either as a recompence of some losse or hinderance which he sustaineth through the default of the borrower or as a gaine couenanted for loane The former is called Vsura compensatoria recompencing vsurie or interest the latter is termed Vsura quaestuosa or foenus gainefull vsurie Of the liberall Vsurie if I may so call it which is nothing else but a thankfull reward or gratuitie as also of the recompencing vsurie or interest there is no question to be made but that in themselues they are lawfull but of the gainefull vsurie is all the controuersie And thus the Latine word Vsura is distinguished the English word Vsurie though deriued thence yet is otherwise vsed for neither is it taken at any time for vse or for liberall vsurie or recompencing vsurie but onely for gainefull vsurie whereof our question is And in this sence it is taken two wayes either for the gaine it selfe couenanted or principally intended for loane which in Latine is properly called foenus or for the contract it selfe of lending for gaine which properly is called foeneratio Of the contract the holy ghost speaketh in this place whereby a man giueth or putteth forth his money to vsurie Whereas therefore Vsurie is a contract let vs briefely distinguish those contracts which concerne the alienation or permutation of goods that it may the better appeare what kind of contract it is for such contracts are either for the perpetuall alienation of goods or but for a time The perpetuall alienation if it be liberall and free is giuing if for recompence then is it a commutation either of ware for ware which is called barterie or of money for money which is called exchange or of ware for money which is selling or of money for ware which is buying The alienation which is but for a time is either of the vse onely or of the propertie also that which is of the vse only if it be liberall and free is called commodation or lending to vse if for recompence or hire then is it called location or letting to hire that which is not onely of the vse but of the propertie also if it be liberall and free it is called mutuation or lending to spend if illiberall and for gaine it is called vsurie What Vsurie is Wherefore the contract of vsurie is nothing else but illiberall mutuation and may thus briefely be defined Vsurie is mutuation or lending for gaine This briefe definition doth fully set forth the true nature of vsurie and sufficiently distinguisheth it from all other contracts whatsoeuer For first I say it is mutuation or lending wherein all learned men almost whether they write for vsurie or against it doe agree In solo mutuo sayth one vero vel interpretatiuo consistit vsura secundum omnes doctores that is Vsurie according to all the Doctors consisteth only in loane whether it be a bare contract of loane or else cloaked vnder some other contract which may be resolued or reduced vnto loane Likewise Car. Molinaeus the chiefe patrone of Vsurie It is the common opinion of all sayth hee that Vsurie properly is not committed but in loane and again loane is the subject of vsurie Which is also presupposed in the Scripture Exod. 22. 25 If thou lend money to my people namely and especially to the poore with thee thou shalt not be as an exactour or as an vsurer vnto him you shall not impose vsurie vpon him And the same if need were might be prooued by the other relatiue which is borrowing for lending and borrowing are relatiues And if he which taketh vp money vpon vsurie be a borrower then he that giueth or putteth it forth vnto vsurie is a lender The contract therefore of Vsurie is a contract of lending and whatsoeuer is not a contract of lending either plainely or couertly that is not a contract of vsurie Now in the contract of mutuation or lending diuerse things concurre which also belong to the nature of vsurie 1. That it is of such things as are spent in the vse and consist in quantitie that is to say in number weight or measure as money and victuals corne wine oyle c. which are particularly mentioned Deut. 23. 19. Leuit. 25. 37. Neh. 5. 11. 2. And therefore is alienation not onely of the vse but also of the propertie from which the vse of such things as are spent in the vse cannot be seuered 3. As the propertie is transferred to the borrower so the borrower standeth to the hazard of the thing borrowed 4. That it is not a perpetuall alienation of that which is lent but for a time which time being expired the borrower is bound to restore the principall 5. Because the thing borrowed is to be spent in the vse therefore the borrower is bound not to restore the selfesame particular which he borrowed but so much in the same kind or of the same value 6. It belongeth to the nature of lending that it bee free and liberall But herein vsurie peruerteth the contract of lending being illiberall and for gaine for vsurie is a contract of lending wherein the creditour or lender requireth of the borrower not onely the principall in the equiualent or full value thereof but also an ouerplus or
according to that vse for which they were ordained but to some other vse and purpose the lender communicating onely the vse and retaining the propertie requiring again the selfe-same particular to be restored himselfe also perhaps standing to the hazard if it miscarrie without the borrowers default theÌ„ this contract is not mutuation for therby the property is alwaies altered or vsurie but coÌ„modation if it be free or location if it be for hire Howbeit this hire vnlesse the letter do stand to the hazard or vnlesse the thing be impaired in the vse ought to be little or nothing for if there be inequalitie betwixt the hire and the vse though there be not vsurie in such a coÌ„tract yet there is vnjustice 4. From the contract of partnership wherein one man hauing perhaps no skill in merchandise committeth a stocke of mony to another being a marchant or tradesman to the end that he may imploy the same in some lawfull traffique and couenanteth with him not onely to be partner with him in a proportionable part of his gaine if it please God to make him a gainer but also to partake with him in the losse which without his default hee shall sustaine For here although there be expectation of gain yea and a requiring and taking of gaine for the most part yet there is not vsurie for in partnership the propertie of the money is not transferred vnto him that receiueth it but remaineth in him which did deliuer it and at his hazard and perill it is imployed and therefore in partnership there is not so much as loane and much lesse vsurie for as Molinaeus truly saith In contraectu societatis cessat subiectum vsurâ— scil mutuum in partnership the subiect of vsurie ceâ—seth viz. loane For in loane the propertie is transferred to the borrower and with the propertie the hazard so that if the principall miscarry it miscarrieth to the borrower it is safe to the lender by the very contract of mutuation or lending wherein the borrower secureth the lender by such securitie as the lender thinketh sufficient whether it be his word or his bill or his bond or his pawne or his suretie for the repayment of the principall In the contract of partnership he that deliuereth his money to the other doth not couenant absolutely for the restitution of his principall and much lesse for gaine but conditionally according to the euent or successe of the negotiation couenanting as well to be partaker of the losse as of the gaine But the contract of mutuation or free lending bindeth the borrower by an absolute couenant to restore the principall and the contract of vsurie bindeth the borrower by an absolute couenant not only to repay the principall but also to yeeld the ouerplus couenanted for And this absolute couenant is not an abuse besides the nature of this contract as some haue imagined but as the absolute couenant of the restitution of the principall is included in the contract of mutuation so the absolute couenant not only of repaying the principal but also of paying vsury is included in the coÌ„tract of actual or as they call it formall vsurie and is so of the nature of this contract that where this absolute couenant is not there is not actuall and formall vsurie For if there be a couenant onely in euentum lucri to gaine if he gaine or a bare expectation of gaine for loane without any further couenant but for the restitution of the principall then is the former not formall vsurie though it bee mentall and actuall in part and the latter is but mentall vsurie not then neither if as on the one side there is a couenant of partaking gaine if there be gaine so on the other side there be a couenant of partaking losse or as there is expectation of gaine if the borrower gaine so there be an vnfained purpose of bearing part of the losse which the borrower without his default shall sustaine for then the former is the contract of partnership and the latter in respect of the outward act is the contract of lending but in regard of the purpose of the heart intending gaine where there is gaine and purposing to beare part of the losse where there is losse it is partnership Where by the way we are to note that howsoeuer vsurers doe build their practise vpon the judgement of some diuines yet no godly learned diuine doth allow the vsurie which is vsually practised And I am persuaded that if they vnderstood this absolute couenant or expectation of gaine without purpose of hazarding the principall or any part thereof to be of the very nature of an vsurious contract as indeed it is they would neuer haue spoken or written word in the defence of vsurie For they would not haue a man to make an absolute couenant for gaine but in euentum lucri that is that he may couenant if the borrower shall raise a lawfull gaine to haue part thereof And they define that vsurie which they allow to be partem lucri part of the borrowers gaine So that by their judgement if a man borrow money not to make a gaine of it but otherwise for his necessarie vses of such an one no gaine is to be required or if the borrower which takes vp money hoping to raise a gaine thereby shall not gaine of him there is no gaine to be exacted But if the borrower shall not onely bee no gainer but notwithstanding hee hath vsed his skill and diligence in his trade shall also prooue a looser the constant judgement of learned diuines in this case is That the lender which for his loane either couenanteth or looketh for gaine must be content to beare part of the losse so that the difference which is in substance of matter betwixt those diuines which seeme to speake for vsurie and vs that speake against it is very small They allow that contract in which there is a conditionall couenant for gaine if the borrower gaine with an vnfained purpose of partaking in his losse We allow that contract wherein there is a couenant as of partaking in the gaine when there shall be gaine so of bearing part of the losse when there shall be losse without his default that receiued the money to employ it that so there may be equalitie Which contract in substance differeth little from the former for if thou must haue an vnfained purpose to beare part of the borrowers losse and art bound in conscience to put that purpose in execution when he is a looser why shouldest thou not make thy couenant accordingly if thou hast to deale with an honest man And why mayest thou not as well make thy contract so if the purpose of thy heart be vpright as to thinke that after thy contract is made thou art bound in conscience so to deale Now if thou diddest couenant equally to beare part of the losse as well as to reape part of the gaine then were thy contract neither vsurie nor loane but
interest which as they say may be couenanted for proratione temporis according to the proportion of the time which they call intervsurium and confesse it to be called in the law vsurious interest yet those of soundest judgement doe hold that interest is not to be allowed nisi post moram but after delay for graunt intervsurium or successiue interest as they call it to be lawfull then can you not but allow of all vsurie For first interest is to be measured not ex parte debitoris but ex parte creditoris And therefore no respect is had therein whether the debtour do gaine thereby but onely whether the forbearing of the money be an hinderance to the creditour or not And secondly if it be lawfull for a man to agree according to the proportion of the time for so much gaine as the lawes permit euery lender may pretend that by the forbearing of his money he shall be so much at the least damnified therefore may couenant for so much at the least by way of interest Notwithstanding I will not denie but in some case a man lawfully require and take interest though the borrower haue not made delay as namely when by the borrowers authoritie or otherwise the creditor who cannot without his losse or certaine hinderance of some just and lawfull gaine forbeare his money is as it were forced to lend to a man whose estate or abilitie is such that he may better vndertake to saue the lender harmelesse than the lender may want his money prouided alwayes that it be true interest in respect either of certaine losse to be incurred by want of the money or of certaine hinderance of just and lawfull gaine to be sustained For in this case the borrower being the effectuall cause of the lenders hinderance or losse and being better able to beare that imposition of interest than the lender is to forbeare his money I doubt not but the lender may by requiring interest prouide for his owne indemnitie We haue heard two distinctions of vsurie the third and last remaineth viz. That vsurie is either simple or compound the simple wheu vsurie of the principall onely is exacted compound when vsurie not onely of the principall is required but of vsurie also and is therefore called vsurie of vsurie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristoph Nub. 5. As for example when a man hauing lent an hundred pounds for a tweluemonth after ten in the hundred is content for a second yeare to forbeare both the principall and vsurie there is due to him the first yeare by simple vsurie a hundred and ten pounds but the second yeare by vsurie of vsurie a hundred and one and twentie pounds And for as much as vsurie of vsurie was euer condemned it hath beene an auncient practise of vsurers to joyne the former yeares vsurie vnto the principall and so anew to couenant for the vsurie of the whole summe Which contract of the Grecians is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of Tully renouatiâ— fanoris renewing of vsurie We haue shewed what vsurie is and how many wayes it is committeâ—â—ow we are to consider the qualitie of it viz. whether it be lawfull or not for this the couetousnesse of these times hath made a controuersie which in former ages was neuer doubted of But not to hold you long in suspence I will in this short assertion determine what we are to hold concerning this question Which assertion I will afterwards not only proue by testimonies of Scriptures and by other arguments but also defend and maintaine against the objections of those who hold the contrarie opinion My assertion therfore is this That all vsurie which I haue defined to be mutuation or lending for gaine whether it be mentall or actuall whether manifest or couert whether simple or compound is simply and in it owne nature vtterly vnlawfull howsoeuer some vsurie is worse than other according either to the estate of the borrower or the quantitie of the vsurie I will begin with the law of God which in three places forbiddeth vsurie viz. Exod. 22. 25. Leuit. 25. 35 36. Deut. 23. 19 against which places the patrones of vsurie bring many exceptions which by the grace of God shall be refuted But I will chiefely insist on that place of Deuteronomie Thou shalt not lend vpon vsurie to thy brother the vsurie of money the vsurie of meat the vsurie of any thing that may be lent vpon vsurie That is thou shalt not lend for gaine to thy brother neither money nor meat nor any thing els which consisteth in quantitie as in number weight and measure and is spent in the vse and wherein vsurie is vsually committed Against these allegations there are diuerse exceptions taken as first concerning the words wherby vsurie is signified in the Scripture For in that place of Deuteronomie and in this Psalme not all vsurie say they is forbidden but Neshek that is morsurie or biting vsurie which biteth and damnifieth the neighbour For there is say they a certaine toothlesse or not biting vsurie which doth not hurt but helpe the neighbour But I haue shewed before that Neshek is the common and ordinarie name whereby all vsurie is signified in the Hebrew tongue And therefore this word doth not distinguish one kind of vsurie from another but in generall signifieth that all vsurie is biting And in like sort he which lendeth for gaine is called Masshik and he which taketh vp vpon vsurie though for his gaine is called Nashuk the money which is lent for gaine is called Noshek that is which biteth as appeareth euidently by this text because when it is repaid it biteth and as it were gnaweth away some part of the borrowers substance for an ouerplus or gaine to the creditour which is called Neshek as it were the bit So that all vsurie in it owne nature is biting because it biteth or shreddeth away some of the borrowers substance And although perhaps the borrower by reason of his wealth feeleth not this biting or else licketh himselfe whole by biting of others yet vsurie is a gaine which is bitten and shred away from the borower and that either to his losse or as hereafter shall be shewed to the hinderance of the commonwealth whose common profit in all contracts is especially to be regarded Secondly I haue shewed before that Neshek is all one with the other words Tarbith and Marbith whereby any gaine or cleare increase aboue the principall required for loane is signified and therefore the least gaine required for loane is Neshek and condemned for vsurie in the scripture as Leuit. 25. 36 Thou shalt not take of him vsurie or increase which the old Latine translation readeth thus Thou shalt not take vsurie of him nor more than thou gauest And vers 37 Thou shalt not lend him thy money vpon vsurie nor thy victuals for increase that is as Ambrose readeth in amplius recipiendum to receiue more Vpon which words he sayth Has sententia
of the aforesaid English Treatise vnderstandeth thus That they should not in taking vsurie exceed the centefima that is twelue in the hundred as if Iohn had approoued vsurie so it exceeded not that rate I answere That the Publicans who came to Iohn were not Romanes of the worshipfull order of knights or other Gentiles but certaine of the Iews who being called socâ—â— publicanorum the Publicanes associats as Beza rightly judgeth were hired by the Romane Publicanes to helpe and assist them in gathering the customes tolls tributes and reuenewes which were due in Iurie being a prouince to the citie of Rome for which cause though they practised not vsurie these Publicanes being Iewes were hated and detested of the other Iews and esteemed as most notorious sinners insomuch that they might not enter into their assemblies both because they associated themselues vnto Gentiles and also assisted them in a businesse most odious to them viz. in exacting tributes and tolls from them being a free people These Publicans therefore being in this common disgrace and comming to Iohn Baptist to be baptized propound this question to him Whether it were lawfull for them to exact the tributes in behalfe of the Romanes or if it be how they were to demeane themselues and to that purpose aske him What shall we doe Vnto which question Iohn answereth thus Require or exact no more than is appointed for you Which answere most plainely concerneth their dutie in exacting of tributes tolls and customes that they should extort no more than was due as the Publicans by forged cauillations many times did Vnto these testimonies the same authour addeth two more Mar. 4. 25 To him that hath it shall be giuen and Act. 20. 35 It is a more blessed thing to giue than to receiue but I will not trouble the reader with them And these are their allegations out of the Scripture Now I desire euery Christian in the feare of God and without partialitie to compare these allegations which haue beene made for vsurie with those testimonies of Scripture which before I produced against it namely with that one Ezek. 18. 13 He that lendeth vpon vsurie or taketh increase shall he liue saith the Lord he shall not liue but he shall die the death and his blood shall be vpon him And let him vprightly consider to which part he ought rather to incline For this may not be denied but that if vsurie may be lawfully practised it is to be done in faith that is in a sound persuasion out of the word of God that it is lawfull But whereupon shall this found persuasion be grounded On a few far-fetched allegations drawne into the defence of vsurie perforce contradicted with such manifest testimonies of scripture and confuted by most euident arguments But it may be though their allegations out of scripture be weake yet their reasons are strong Though they were neuer so strong yet ought we rather to denie our owne reason than not to yeeld simple and absolute obedience to the word of God But let vs examine their strength And first that vsurie so qualified as I said before is not vnlawfull they prooue first by the name thereof For say they Although the name vsurie in English tongue be odious through the abuse of the ignorant yet in the learned tongues it is of a middle and indifferent nature Answ. By the learned tongues are commonly vnderstood the Hebrew Greeke and Latine the first and ordinarie name of vsurie in Hebrew is Neshek in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latine foenus Neshek signifieth biting and is deriued from the same verbe which oftentimes in the scripture is ascribed to the biting of serpents 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is deriued either of the Hebrew Toc which signifieth deceit and by the Grecians is translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psal. 55. 13 72. 14. as also Isb Tecachim Prou. 29. 13. The man of deceit is commonly vnderstood to be the vsurer and so by diuerse is translated Or else of the verbe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to signifie as the Philosopher rightly noted that vsurie is a monstrous and vnnaturall contract whereby money and other things which naturally do not fructifie nor haue no fruitfull vse but are spent in the vse are made against nature to fructifie and to bring forth gaine For which cause Châ—ysosiome calleth vsurie a pestiferous wombe Others giue this reason of the Greeke name that vsurie is called Tokos because it breedeth griefe to the borrower or as Ambrose sayth because it worketh in the borrowers soule griefes answerable to the paines of childbirth In Latine it is called foenus either quasi foetus as Nonius Marcellus and others haue taught by the same reason that it is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greeke because it is as it were the monstrous and vnnaturall brood of that which is borrowed or else it is named foenus quasi funus for in many Latine words u is changed into oe dipthong as in Pomoerium for Pomurium and Moenia a muniendo because it is the graue of the borrowers state and of the lenders soule Wherefore Ambrose sayth Nihil interest inter foenus funus And Leo sayth Foenus pecuniae sunus animae The other words viz. Tarbith and Marbith in Hebrew signifying increase and vsura in Latin were as Caluin faith deuised by vsurers themselues when as the odious names of Neshek and foenus did seeme to make their practise odious And therefore disclaiming Neshek and foenus they professed themselues to take Tarbith and vsura euen as vsurers among vs and the French refusing the name vsurie as growne odious haue deuised the names of interest vse and vsance But for as much as the vsurers among the Iewes vnder the name Tarbith exercised Neshek among the Romans vnder the name vsura practised foenus euen as the vsurers among the French as Caluin sayth and also among vs vnder the names of interest vse vsance practise plaine vsurie therefore the words Tarbith and Marbith are euery where taken in the ill sence and are forbidden as well as foenus and vsura among the latter Latine writers growne as odious as foenus Quid foenus Calendarium vsura sayth Seneca nisi humanae cupiditatis extra naturam quaesita nomina What is foenus and the Kalender for so the vsurers debt-booke was called and vsurie but names of mens couetousnesse sought out besides nature And therfore it is a wonder that any learned man should affirme that the name of vsurie in the learned tongues is of a middle and indifferent nature Wherefore from these premisses this first argument may be retorted vpon them which made it For if as the names of things be such commonly be the things for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sayth Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 names doe follow or imitate the things and Plato calleth names the similitudes and resemblances of things then odious and detestable names are
dwell in the holy mountaine of God are such as walke vprightly that is without hypocrisie towards God without guile towards men Now this guile or dissembling or doubling or hypocrisie for so sometimes it is called which is opposed vnto simplicitie is twofold in word and in fact in word when one thing is said and another thought which in the Scriptures phrase is speaking with an heart and an heart This diuorce betwixt the mind and the tongue is detestable vnto God and odious to ingenious men sometimes also it is called in the Scriptures a deceitfull tongue which the Lord sayth should not be found in the remnant of Israel Sometimes a mouth of deceit as Psal. 109. such as is described Psal. 55. The words of his mouth are softer than butter whiles warre was in his heart his words were more supple than oyle yet were they swords and Ieâ—em 9. their tongue is an arrow shot out and speaketh deceit one speaketh peaceably to his neighbour with his mouth but in his heart he layeth ambushments for him But what followes shall I not visit them for these things saith the Lord Or shall not my soule be auenged on such a nation as this If therefore wee would escape the judgements of God and desire to liue a long and prosperous life We must keepe our tongues from euill and our lips that they speake no guile following as I said before the simplicitie of the lambe of God in whose mouth there was found no guile Dissembling in fact is when one thing is pretended and another intended or as Augustine speaketh Dolus est cum aliud agitur aliud fingitur In which doubling the wisdome of our Polititians brought vp at Machiauels feet doth principally consist the practise whereof is now growne so vsuall that commonly it is said Qui nescit dissimulare nescit viuere he that knoweth not how to dissemble knoweth not how to liue Howbeit more truly it is said and by warrant of Scripture Qui vadit planè vadit sanè He that walketh plainely walketh safely Prou. 10. He that walketh vprightly walketh safely but he that peruerteth his wayes shall be knowne namely as an example to others The highest degree of this deceit is that which we call cony-catching or cousenage when as a man by cunning trickes and artificiall fetches ouerreacheth his neighbour when with his tongue concinnat dolum he trimly forgeth deceit and in his deeds layeth wait for his brother setting snares and nets to catch men as fowlers doe for birds or as cony-catchers doe for rabbets bunting his brother with a net as the Prophet Micah speaketh Now as simplicitie in the Scriptures is commended vnto vs as a note of the true sheepe of Christ imitating the simplicitie of the lambe of God so deceit and guile is condemned as a propertie of those who resemble the image of Satan the old serpent the forger of deceit and the father of lies For if he be a true Christian in whom there is no guile what is hee in whom no simplicitie or plaine dealing is to be found If in the remnant of Israel a deceitfull tongue shall not be found then belong not they to the Israell of God who with their tongues doe forge deceit If true Christians be the sheepe of Christ resembling his simplicitie in whom there was found no guile what then are those foxes and wolues who imitate the old serpent in subtiltie and deceit If those which shall rest in the holy mountaine of God be such as doe walke in vprightnesse and simplicitie then haue they no inheritance in the kingdome of heauen who walke in dissimulation and deceit And this may further appeare by the Lords prohibitions censures and threatnings denounced against deceit It is forbidden Leu. 19 You shall not lie nor vse deceit one towards another And 1. Thess. 4 We are charged not to goe beyond or ouerreach our brother or to defraud him in any matter It is censured as a sinne odious vnto God A man of deceit God hateth It is reckoned Rom. 1 among the crimes of the Gentiles giuen ouer to a reprobate sence that they were full of guile And Ezec. 22 among the abhominations of Ierusalem for which destruction is threatened against it that they made gaine of their neighbours by deceit And lastly the judgements of God are denounced against it Psal. 55 The deceitfull men shall not attaine to the halfe of their dayes 1. Thess. 4. 6 The Lord is a reâ—enger of such things namely of cousenage and deceit And in the place before cited shall I not visit them for these things saith the Lord or shall not my soule be auenged on sucâ— a nation as this To conclude therefore this first note seeing vprightnesse is made a proper marke of the true child of God and citisen of heauen whereas contrariwise dissimulation and deceit are the brands of the wicked it behooueth euery one to apply this note to himselfe Doost thou walk vprightly without hypocrisie towards God without guile towards man happy and blessed art thou for thou shalt see God and as thou now art a sound member of the Church militant so shalt thou be an inheritour of glory in the triumphant Doest thou not walke in sinceritie towards God and simplicitie towards men but in hypocrisie and dissimulation then most fearefull is thine estate vnlesse thou repent for thou hast no part or fellowship in the doctrine of saluation or in the communion of Saints but thy portion shall bee assigned thee with hypocrits where is weeping and gnashing of teeth The second note of a citisen of heauen is Righteousnesse For to the Prophet demaunding who is a sonne and heire of God the Lord answereth He that worketh righteousnesse Where first we are to consider the sence of the words and then are wee to shew that the working of Righteousnesse is a proper marke of those who liuing in the Church are appointed to eternall life Iustice is that vertue which giueth to euery one that which is due vnto him And it is either vniuersall or particular The vniuersall summarily compriseth al those duties which we owe to our neighbour and is therefore said to containe all other morall vertues within it according to the testimonie of the auntient Poet which to this purpose is alleadged by some 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In iustice is all vertue summarily comprised The particular Iustice is either Distributiue or Commutatiue The Distributiue is that which hauing place in distributing rewards or punishments obserueth a Geometricall proportion according to the worthinesse of men or their deserts The Commutatiue iustice is that which hauing place in Contracts obserueth an Arithmeticall proportion in the equalitie of the things commuted But of the vniuersall righteousnesse this place is especially to be vnderstood the summe whereof is that law royall as Saint Iames