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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A06899	The market or fayre of vsurers A newe pasquillus or dialogue agaynst vsurye, howe and where it is forbidden, [and] what punyshement belongeth vnto it, [and] whether (for ye mayntenau[n]ce of the necessary trades of marchaundise) it maye be forborne, and ought to be punyshed or not, the chief articles wherof shall apeare vnto the reader in the next pagine. Newely translated out of the high Almaigne, by William Harrys.; Wucherer Messkram oder Jarmarckt. English.	Harrys, William.; Allen, Edmund, 1519?-1559.	1550 (1550)	STC 17330; ESTC S109830	43,640	182

pore brother but opē thyne hande to hym and lende hym sufficiente for hys nede whiche he hath Lo thynkest thou that thou arte not sufficiently commaunded to lende vnto thy brother Thynkest thou yet that thou arte not boūde to it Yea is not by this also thy seconde question sufficiently answered where thou demaūdest whether it be sinne to take ought for it Beholde yf the lendynge of a Christen man be a dede of charite and mercy should then the sellyng of thy wares to a man for money be also a dede of charite What doest thou geue hym for goddes sake I praye the Luc. vi Sayeth not Christe that thou shuldest lēde loking for nothīg therof again He saith lokinge for nothing I omitte taking any thing Shuld this also be a Godly worke when thou lendest art payde dere ynough for thy labour Do not sinners also lende synners as Christe saith in the same place Wilt thou aske yet whether it bee synne to take any more than thou hast lent Is it not vsurye Do noth both the Spirituall and temporall lawes call all that vsurye whatsoeuer is taken aboue the head summe a i. iiij iiij q C plerique Cum. c. sequen A. xx C. de Vsuris in Sum. ae Communiter Not onely the money which is that aboue but also whatsoeuer it be b D. xiiij q. iij. C. si feneraueris C. sequen D. C. plerique c. fin as meate drinke raymēt cloth or any thing els Yea also the only desyre or hope to haue any lucre or gaynes by it is vsurye and whosoeuer lendeth ought after this sorte is called an vsurer in the spiritual lawes c. For it is written Mutuum date nihil inde sperantes Se that ye lēde loking for nothynge thereof agayne c D.C. Foenerarius et de Vsuris C. Consuluit D. C. 6. Luc. Excipe casus in 6. Conquestus c. Salubriter et i. Ex de Vsurisquo rumque solutiones sunt in glossis et in Interesse de quo i. Seinge then that it is vsurye whatsoeuer is desired and taken aboue the head summe as it is without any doubte and is also so taken in all places in the lawes doest thou yet demaunde I saye whether it be synne to take any thynge for it Is not vsurye forbydden harde ynough bothe in the spirituall lawes and also in the tēporall lawes Is not this a playne texte of Christe whiche I haue nowe certayne tymes aledged out of the sixt chapter of Luke where oure sauioure hymselfe cōmaundeth sayeng se that ye lende lokynge for nothyng agayn nothyng is not some thinge neither is some thinge nothing What sayeth the Psalme Lorde who shall dwell in thy tabernacle Who shall rest vpon thy holy hyll Euen he that leadeth an vncorrupt lyfe and lendeth not hys money vpon vsurye Where shall he than become that geueth his money vpon vsury Euen without the dores In that heauē where the deuilles chace one another with dōge forkes Exo. xxij What saieth the lorde in the seconde boke of Moses If thou lende money to any of my people thou shalt not oppresse hym with vsury Ezech. 18. Item Ezechiel nūbreth those amonge the righteous that receiue no vsurye Leu. xxV nor any thyng ouer Item in the third booke of moses Thou shalt not take vsurye of thy brother nor yet vantage Thou shalt not lende hym thy money vpon vsurye nor lende hym of thy fode to haue aduaūtage by it but shalt feare thy God Lo if thou must feare thy God concernyng vsurye thē must it nedes be synne Item in the fifth boke of Moses Deu. xxiij Thou shalt be no vsurer vnto thy brother neither in money nor in fode nor in any maner of thynge that is lent vpon vsury that the lord may blesse the. That is least he course and condempne the yf thou do the contrary xiiij q. iiij i.c. et q. § c. quod debetur etc. nec hoc d. q. iiij etex de Vsuris c. 1. ij in alijs locis In lyke maner is vsurye forbidden in the spiritual lawes written so that it is not lawfull to committe vsury neither for priests nor yet for laye men And the temporall power submitteth her selfe vnto the spiritualtie in such cases as drawe to sinne and disquiete the conscience Willyng men therein to obeye the spiritualtie Authen de Ecclesiast titulus Anno M. D. Anno. M. D. xxx auguste Vind. licorum Whereby she will also haue vsurye forboden and abolyshed Yea besydes the holsome lawes statutes of this realme the moste puyssaunt emperour Charles now reignyng and all the states of thempire together assembled at sundry generall counsailes haue earnestly forbidden abrogated and besides that knowledged to be of none effecte all maner of contractes agreemētes and bargaynes myxt with vsury Lo doest thou yet aske whether it be synne to receyue more then thou hast lēt Thou hearest and seest by many euident and playne textes of holy scripture and by many places alledged out of the lawes that it is against God and the hyer powers both spiritual and temporall thinkest thou then that if suche vsurers as haue taken so muche vsurye of many one were depriued of their head money were serued amisse And that it were cōmaunded that whosoeuer had geuen so muche vsurye as the head som me amounteth should neither geue any more vsurye nor yet returne the head summe For vsurye is forbidden the vsurers haue had warning ynough And yf nowe the hyer powers and magistrates would earnestly and openly proclaime al maner of cōtractes mixt with vsurye to be voyde and of none effecte and to put in execution the forsayd ordinaūces contayned in Goddes boke and the holsome lawes and statutes of this realme agreable to the same thynkest thou that it were not well done Haue not those helhundes had warnyng ynough Haue they not bene sufficiently admonyshed both by open textes of holy scripture and also by holsome lawes and statutes before mencioned Vsurer Tushe Pasquill thou art to tediouse for me I can holde my peace no longer I haue herkened vnto the till I sweate agayne Thou hast tolde me so muche that I muste nedes graunte that it were better more godly if one would lende to another for nought then for money neither can I chuse but must nedes confesse that it is synne also yf a mā take more than he dyd lende for both the spirituall and temporall lawe sayth that it is vsurye howe littell or whatsoeuer it be and agayne the holy scripture and our Lord and sauiour Christe hymselfe and besydes this the spirituall and temporall magistrates do forbidde vsury If so be then that God doth coūte it for greate synne whatsoeuer is committed againste the commaundementes and ordinaunces of the hyer powers onely howe muche more wyll he counte it synne and greuously punyshe whatsoeuer is cōmitted against his diuine maiestie his onely begotten sonne Iesus Christe his worde and

agaynst the hyer powers both spirituall and temporall also Therfore must vsurye nedes be a greate synne doubtles But yet there are certayne cases in the lawes wherin a man may take somewhat more thē he hath lent Wherfore I beleue that in this lendynge wherof thou speakest are many cases and exceptions wherein it is no synne at all Pasquill In dede there are certayne cases wherein the surplus is not taken for vsurye Gloss in c. quoniā multi xiiij q. iiij as where the surplus is taken for auoydinge of dammage for there it is counted and taken for an interest and not for vsurye What vsurp is For vsurye is when any thynge is taken aboue the head summe the creditour remayning harmeles the head summe not beinge diminished But this is not vsurye when a thynge is taken away from the one ende and put to agayne to the other ende as I wil declare vnto ye. Vsurer Forasmuche as thou hast brought me into this disputacion I can not yet ceasse from it Thou speakest here of Interest I pray the tell me is not Interest vsury surplus and suche other all one Or what difference is there among them Pasquill aduauntage Cum per id probat●r dom et possess l. ij C. de arg et ret possess Well seynge thou art disposed I take it also for a pastime and wyll gladly talke with the further in the matter But of Interest wyll I tell the afterwardes It is farre another maner of thynge then vsurye although it be a couerynge for muche vsury I wyll fyrst answere the to thy thirde questiō Cum quis que sue rei moderator arbiter sit l. In re mandata c mandat i. Losse hinderaūce whiche thou mouedest before namely whether it be not lawful for a man to occupie and vse his goodes as he maye best for his aduauntage for thou shouldest elles buylde vpō it againe Arg. l. Iusticia § Iuris precepta ff de Iustit iure sic secundum l. Nam hoc natura ff de cōdict indeb l. Iure naturae ff de reg Iur. Wherefore thou shalt vnderstande that the temporall powers and their lawes do not forbydde the the vse of thy goodes accordynge to thy wyll pleasure for thy most profite aduaūtage Notwithstanding although the same power in generall wyll and graunteth the the vse of it after thy mynde without any mans losse or hynderaunce for thy moste profite and aduaūtage yet doth it not extende so farre and so straightely against thy questiō as the holy scripture doth Howebeit the temporall power dothe so a L. si quis §. fin ff de Instito act l. si pupilli §. sed si quis ff de nego gest d. ll nam hoc nat iure naturae straightely and narrowely cōprehende the vse of thy goodes that thou canst not buylde vsury vpon this question For neither the spirituall nor temporal powers do permitte vnto the the vse of thy goodes any further then as farre as it is not agaynst God and his lawes If so be then that they forbidde the the vse of them b arg ab of ficio Magistratus et possint adduci in numerabi lia exempla exutro que iure as it is against God and his lawes thē do they also forbidde the the same in vsury For that is against God and the lawes as thou hast hearde before But yet the holy scripture goeth further and cōprehendeth the vse of them more straitely For the hier powers suffre the to applye the vse of them for thy moste profite and aduauntage so that thou do not hynder nor harme any man wyth them nor attempte any forboden thynge therere with But the holy scripture wadeth further and wyll also that thou shalt do good with them The temporall powers in generall are content with the although thou do no good with them so that thou do no hurte or harm with them But the holy scripture taketh better holde of thyne aucthoritie whiche thou wylt haue in thy goodes As hath ben declared aboue And wyll that thou shalt not onely do no harme with them but also that thou shalt and must do good with them yf so be that thou wilt be a Christian the chylde of God and not a panyme or a Turke Thou arte forbydden to cōmitte any vsurye with them and thou arte commaunded to serue and succoure thy neyghboure wyth them as thou hast hearde before Therefore shalt thou vnderstande and take this aunswere concernynge thy thyrde question that it is not lawfull for the without any difference to occupie and vse thy goodes at thyne owne pleasure as thou canst best for if thou wouldest occupye and vse them in matters contrary to God and his lawes thou hast none auctorite to do it for thou art forbidden so to do bothe by God also by the hye powers whō thou must obeye or elles thou art the childe of the deuel both body and soule for God is thy creatour Rom. xiij and the hyer power is thy defender vnder God Gen. i. Vsurer Of a truthe Pasquill this same is a good Instructiō neither do I thinke that any man can reproue it And I assure the that I haue oftentymes hearde this obiection that a man is lord and maister of his owne goodes and hath auctorite to vse them for his commodite and profite thinking therby to make vsury lawfull or at least that a mā were not boūde to lēde his goodes for nought But nowe I perceyue ryght wel that a man not onely hath none auctorite to vse his money in vsurye or in any other thinge agaynst God and the lawes but also that he is boūd of very dutye to serue other with it for nought accordynge to the manifest instructiō whiche thou hast geuen me out of the holy scripture But I pray the nowe tell me some what of the Interest for there will also befall some questions Pasquill Truely of this Interest hath Doctor Martyne Luther geuen the sufficient instructiō in his boke by the before mencioned wherewith thou oughtest yf thou were not so ful of hoūdes flyes to be satisfyed But to thintent thou mayest haue occasion to demaūde more questions I will repete it agayne Phil. Det. in l. Vnica C. desenque pro eo quod in t prof This worde Interest hath many significations amonge the lawyers But they serue not al for our purpose wherfor I speake of that whereof thou demaundest And the same is nothynge elles but amendes making for the losse and hinderaūce which the creditour maye haue sustained by the reason of the debters none payment at his daye apointed And this is called elegantly of doctor Martine Luther a scathe watche for it is nothynge elles And yf there be no scathe wache that is notable losse or damage sustained by the creditour there can be no Interest but it turneth to vsury whatsoeuer is taken aboue the head summe This losse

shoulde be forgotten and there should be an vpright and true dealynge in al trades of occupienge In dede it is a greate matter to speake of yea and I knowe right well that all marchauntes thynke it vnpossible but yet if they were so disposed hauynge a mynde to it and would helpe thereunto they should finde it otherwise This do I not speake because I woulde teache the hyer powers what they shoulde forbidde or because I thinke that lendynge and trusting may be altogether forborne But to shewe the my minde howe vsurye may be right wel forborne and that although it were sharpely forbydden the common welth shoulde not be onely not hyndered by it but also greately furthered Sicut ipse Imperator facitin L. I. § fin C. de cad tollen And although it were somewhat preiudiciall to certayne fatte Cobbes yet ought rather a respecte to bee hadde to the furtheraunce of the common welth then to the priuate welth of certayne priuate and synfull persons Sūma GOD forbiddeth vs nothinge that for the maintenaūce of a decent order and for the necessite of mutuall conuersacion lyuinge betwene man man can not be forborne But God hath forbidden vsurye Vt infra patebit Wherfore it is certayne and cleare that it maye well be forborne Also that the abolishing of it semeth to be suche a busy pece of worke is for lacke of a good will towardes the same for the faute of it is nowhere elles but in the will wherfore I saye that the obiectiō of the great occupiers and specially of the vsurers is nothynge worth whiche saye that vsury can not be abrogated though there be neuer so much cryeng and writinge against it because that for the maintenaūce of the trades of marchaundise it can not be forborne In dede they that be vsurers and such as haue a profite by it thinke that they can not forbeare it yea many of them I thynke would go nygh to hange them selues yf it should be forbiddē or rather more then forbidden but the common welth might forbeare it wel ynough for the necessary trades occupiēges shoulde kepe their course neuertheles as farrefurth as they are necessary and profitable for the common welth and can not be forborne Vsurer Of a truthe Pasquill thou art able to bringe a man in a doubte In dede it is true that the faulte is but in the will for elles it coulde not be so impossible to be done But to brynge men to this will is very harde to be done There are very many of this opinion yea and I my selfe haue bene of this iudgement that vsurye ought to be permitted and not to be abolyshed because of the trades of marchaundise But nowe verely I knowe not what I shoulde saye Truely I wyl loke better vpon the matter Pasquill Remember thy selfe and studye aboute it and thou shalt fynde that the faute is in the will onely and not in the possibilite as pertayninge to the marchauntes I knowe that not a fewe vnto whome this our communication shal come wil be very sore offended with al thinkinge that heauē would fall and the worlde peryshe yf vsurye shoulde be abolyshed taken away notwithstanding euery man is bounde to counsayle to saye and to do the best for the profite of the common welth But if there were any wyse man among them being perswaded and certified by hys learnynge that vsurye myght not be forborne for the mayntenaunce of occupieng for the profite of the common welth that woulde write against me Howe shoulde I do then But I do not greately feare it I trust to God that I shall gette neuer a white heare for it For they are asshamed of their occupacion neither wyll any of them lyghtely crye Cuckowe Vsurer No faith Pasquill thou nedest not to feare that matter neuertheles yf it should chaūce whiche God forbidde I doubte not but thou wouldest fynde an aunswere for hym But I will loke better vpon it my selfe and at this tyme we wyl procede and talke further of the matter that I spake of before I will graunte the that it were more Godly and Christenly done if one would lende to another for nought yea I permitte also the vsurye myght be forborne for a nede But thinkest thou I praye the that a man is so bounde to lende for nought that it should be sinne yf he did it not Maye not one vse his goodes for his most aduauntage Who will compell a man to lende awaye his goodes for nought whiche he myght occupie hym selfe Pasquill Thou puttest here thre maner of questiōs First whether a man be bounde to lende vnto his neighbour Secōdly whether it bee synne to take any thynge for it Thirdely whether a man maye not occupye his goodes to his moste aduauntage To the first wyll I answere the with Doctor Luther that the tēporall powers doth not compell the to lende awaye thyne owne wherfore also the tēporall powers doth not correcte the if thou do it not neither can they saye that thereby thou hast offended against thē But whether thou be bounde to it before God whether it be sinne before god nedest thou not to aske me for it is written Whosoeuer hath this worldes good i. Iohn iij. and seeth his brother haue nede shutteth vp his compassion from hym howe abydeth the loue of God in hym Is not loue commaunded in many places of holy scripture and also her workes Sayth not the scripture I. Ioh. iiij beloued yf God so loued vs that he gaue his onely begottē sonne for vs and sent hym into the worlde that we might lyue through hym we ought also to loue one another If we loue one another God dwelleth in vs. Ibidem Item this cōmaundement haue we of hym that he whiche loueth God shoulde loue his brother also Leuit. xix Item thou shalt loue thy neighboure as thy selfe Gal. V. Item se that ye loue one another with a pure harte feruently I. Pet. I. Item this is my commaundement that ye loue one another Iohn xV. Lo thou art bounde to loue thy neighbour as thy selfe arte thou not then bounde to helpe hym to counsaill hym and to profyte hym as thy selfe Yea yf thou must do to other as thou wouldest be done to if thou were in necessite Luc. VI. Mat. Vij and yf thou mightest be holpen with money and kneweth that thy neighbour had ynough wouldest thou not be glad that he woulde helpe and succour the Rom. xij Thynkes thou that loue is called the fulfilling of the lawe in vayne Wylt thou then be a Christian wilt thou walke in the lawe Wilt thou dwell in God And wilt not abyde and walke in loue Sayth not the lorde Christe I. Iohn iiij Mat. V. Deut. xV. tourne not awaye from hym that woulde borrowe of the Item When one of thy brethren amōg you is waxed pore se that thou harden not thyne harte nor shut to thyne hande from thy