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A00671 A treatise of vsurie diuided into three bookes: the first defineth what is vsurie. The second determineth that to be vnlawfull. The third remoueth such motiues as perswade men in this age that it may be lawfull. By Robert Fenton Bachelar of Diuinitie. Fenton, Roger, 1565-1616. 1611 (1611) STC 10806; ESTC S101958 118,517 170

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resolued that vsurie may bee practised with a safe conscience such are condemned of other sinnes besides vsurie but especially of pride and singularitie Of such a one therefore I demand First doest thou see with thine owne eyes or with other mens If thou be not able thy selfe to examine and resolue then maist thou resolue for this point as the Church of Christ hath taught thee Neither doe I herein coast vpon any controuersie of beleeuing as the Church beleeueth for this that we haue in hand is no principle of faith no mysterie of saluation to be apprehended in the simplicitie of beliefe but a point of moralitie belonging to the second table and so determinable in reason by the rules of equitie and charitie if the Scripture herein had been silent If thou be therefore vnlearned or not so learned as to define such a matter by the rules of reason then reason and religion both will teach thee to submit thy iudgement to that Church and Common-wealth whereof by Gods prouidence thou art made a member But these resolute spirits will be easily intreated to take the matter into their owne hands without dependance vpon others I demand then in the next place hast thou studied the point examined the branches of it exactly art thou resolued that though the letter of the text be against thee yet the sense is with thee hast thou taken a view of all arguments and reasons brought against Vsurie art thou so Eagle-sighted as to looke through such a cloud of witnesses and art thou able to dispell them and to settle thine owne assertion vpon infallible grounds art thou sure of all this or dost thou but thinke so If thou but think so then thinke thou maiest bee deceiued If thou bee sure that thou hast waighed all those things in the balance of iudgement then next waigh thy selfe and thy iudgement lay that vpon one scoale by it selfe and if thou hast any consorts and fellowes in this thy resolution as for mine owne part I know none if thou hast any hang them all vpon the same scoale with thee Put ouer against thee in the other scoale al the authorities of men fathers and brethren who haue not touched onely but taken in hand and sifted this point Adde vnto these the decrees of Councels the edicts of Princes the lawes and statutes of Common-weales lay on if you list the censure of Philosophers in their morals and politickes the obseruations of Historiographers the sayes of wise and sage Senators and the wofull experiments of many kingdomes and nations in former ages All which if they should be collected and expressed to the full I suppose a volume would not containe that which might iustly be written against Vsurie Now if thou shalt thinke thy iudgement to bee of such waight that all these together bee not able to cast the scoale against thee yet I hope they will so much moue thee as to bring the balance to a suspence that thou wilt thinke Vsurie very questionable at the least and if it bee questionable then is it vnlawfull to bee done But if all these will not so moue thy vnderstanding as to make it questionable then I will say no more and I can say no lesse but such a one thinketh that he knoweth somwhat And then Saint Paul maketh vp the rest that such a one knoweth nothing yet as hee ought to know it To him therefore who knoweth Vsurie to be a sin it is a sin because he knoweth it To him that doubteth it is likewise a sin because he doubteth And to the rest it is a sin of ignorance but of affected ignorance whose eyes are blinded either with pride because they would be singuler or with lucre and gaine because they would not disturbe their consciences by examining or discouering that sin wherein they haue so sweetly slept and do still repose themselues But such ignorance doth neither excuse nor extenuate the fault but rather aggrauate the same because it is wilfull CHAP. XI The second argument from scandall HOwsoeuer there be some who make a question whether Vsurie bee lawfull or not and some there may be who make little question but that it is in some sort lawfull yet there is none but must confesse that it is and euer hath beene of ill report and therefore vnlawfull vnlawfull for any Christian to practise It was Saint Paul his last farwell in his Epistle to the Philippians after hee had blessed them with the peace of God which passeth all vnderstanding shall keepe your hearts and minds in Christ Iesus hee addeth Moreouer brethren whatsoeuer things are true whatsoeuer things are honest whatsoeuer things are iust whatsoeuer things are pure what soeuer things pertaine to charitie whatsoeuer things are of good report if there be any vertue if there be any praise thinke on these things I must proue before I haue done that Vsurie is neither honest nor iust nor pure nor charitable nor any of these but if sufficeth for this present argument that it is not of good report and therefore to be auoided of Christians For the Gospell of Christ doth not onely forbid things simply vnlawfull but all colour of euill and as the Apostle conclu deth his patheticall exhortations to the Philippians with things of good report so doth he shut vp that bundle of diuine precepts to the Thessalonians with abstaine from all appearance of euill and then commeth the blessing Now the very God of peace sanctifie you throughout I hope I shall not need to spend time in shewing what appearance of euill there is in that wherein there is so little shew of good What is of ill report but that which the best speake ill of and what one transgression is there committed either in Church or Common-weale which the best writers Christian profane haue inueighed more bitterly against then this of vsurie Admit then it were not simplie euill yet it hath great appearance of euill it is of ill report by that meanes very scandalous and therefore vnlawfull That is a true scandall indeed not taken only but giuen also which is a prouocation vnto sinne as Dauids murder and adulterie was not onely a sinne against God and in that respect vpon his true repentance pardoned in Nathans absolution but also a scandall because hee prouoked the enemies of God to blaspheme So that beside the sinnes of Dauid as they were transgressions of the 6. and 7. Commandements that scandall also annexed vnto them being nothing else but aprouocation of the enemie to blaspheme was a sinne of it selfe and punished by God The Lord also hath put away thy sinne howbeit because by this deed thou hast caused the enemies of the Lord to blaspheme the child that is borne vnto thee shall surely die That is the great scandall indeed which the holy Ghost doth so often inculcate that wee might take heed of it That the name of God and Gospell of Christ be not euill spoken of among
but a reasonable moderate conscionable vsurie like an honest kind robber who alloweth a man part of his owne money back againe to beare his charges and thus resolueth to liue vpon this practise he by heaping vp moderate sinnes wreaketh his conscience vpon a sand and so sinking into this sin by little and little his soule is at length easily swallowed vp without sense or feeling at all 2. Secondly it is not euer so sensible because as the Vsurer moderating himselfe doth not seeme to bite the borrower so the borrower relieuing himselfe by others hath no cause to complaine Yea many borrowers concurring in this practise by their very multitudes are able to sway and inhaunce the market in such manner that they may liue themselues and pay the Vsurer besides So that in conclusion those doe all set vpon the Common-wealth which being a great bodie is able to beare many dogges before she need to complaine and feeling the wound as in time she must she knoweth not well of whom to complaine Burdensome therefore it is to the Common-wealth yet so dispersed amongst many that it is the lesse sensible but neuer a whit the more allowable For these and the like causes the biting of vsurie being sometimes not so sensible to particular persons Almightie God in his wisedome foreseeing how readie men would be to cauill at the word Neshec hath of purpose expressed his meaning more fully by the exegeticall addition of another terme which simply signifieth any increase at all And this hath he done not only in the Comments of the Prophets but in the very text of the Law it selfe Leuit. 25. 36. vetarbith and vers the 37. vbemarbith Which word Salomon forgetteth not to adde for Salomons daies being both peaceable and rich in siluer and gold men would be then more readie in all likelihood to deuise any cauill or colour to maintaine that sinne While the people of God were trauelling in the deseit or troubled with warres in the land of Canaan there was little borrowing of money but only by the poore for the supplie of their want And of them to take vsurie was a more sensible biting and oppression in that they borrowed not to lay out for commodities but to spend for necessitie Therefore Dauid in his troublesome daies vseth the word Neshec onely for vsurie as best fitting those times where the poorest were most bitten by this sinne But in King Salomons daies being daies of peace and plentie plentie of money and merchandizing both by sea and land for all manner of commodities those men who were then rich in moneys might sit still at home and lend foorth their money to such as by their skill and paines in trauelling and trading abroad might returne them vsurie for their money and bee many times gainers themselues In which case because there is no such apparant personall biting of the borrower as when money is lent to the poore to supplie present wants therefore Salomon to preuent these cauils at words might adde to the word Neshec that word also which signifieth Increase or ouerplus Thereby teaching men that it was the direct meaning of Almightie God simply to forbid all manner of increase whatsoeuer Neither are these my priuate coniectures against the groundlesse distinction of biting and toothlesse vsurie but Master Caluin himselfe vpon whom they seeme to relie as a chiefe patron of vsurie doth not only condemne it as friuolous but addeth further that it was the purpose of the Holy Ghost by adding that other word to preuent such cauils Quia homines hac in parte nimium sunt acuti versuti excogitant subterfugia quibus crudelitatem suam tegant ideo addit Et incrementum non acceperit Because saith Caluin men in this kinde be ouer acute and subtill and deuise euasions how they may more cunningly couer their crueltie therefore he addeth in the text vsurie or increase And for the distinction it selfe Caluin his censure is Ludunt homines suis cauillis sed Deus non admittit tales versutias Men cauill and play with words but God admitteth no such sleights His meaning is simple and plaine that all increase aboue the principall is forbidden I should idle the time too much and wearie the reader if I should dilate vpon the fond conceits of some to auoid the word Tarbith or increase Because that word in his natiue and vsuall sense directly forbiddeth all vsurie whatsoeuer therefore they bend their wits against it Some would haue Tarbith being ioyned with Neshec to signifie excessiue increase or multiplication beyond measure Another sort referre Neshec to money and Tarbith to victuals only as if it were lawfull to take some increase for money but no increase for victuals at all These fantasies we finde in certaine blinde Manuscripts without name or author which walke vnder hand like the pestilence in the darke to infect the mindes of simple men who are very prone to imbrace euery thing for Gospel which some men write in priuate or preach at their tables in maintenance of their profit But tell vs in good sooth is Tarbith to be referred to victuals only and not to money so that it shall be lawfull to take Tarbith for money then doth not Tarbith signifie excessiue increase or multiplication beyond measure for I hope it shall neuer be accounted lawfull to take excessiue increase for money or to multiplie vsurie beyond measure Doth Tarbith signifie multiplication beyond measure then verely both Tarbith and Neshec are forbidden in money as well as victuals See how fitly these conceits doe agree one ouerthrowing another directly and both being ouerthrowne by the text and constant interpretation of all authoritie both moderne and ancient The text as it doth not appropriate Neshec vnto money but applieth it vnto any thing which passeth for vsurie as in Deut. 23. 19. Vsurie of money vsurie of meate vsurie of any thing that is put to vsurie so doth it vse Tarbith for the vsurie of money aswell as of any other thing For the Prophets who be the true expositors of the law do ioyne both words together applying them both indifferently euermore to one and the same thing Ezek. 18. 8. cap. 22. 12. Prou. 28. 8. and that Tarbith being ioyned with Neshec should signifie any excessiue increase it hath neither ground in the text nor any authoritie at all The Greeks translate it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Latines incrementum augmentū that is simple increase So others vse words to the same purpose Plus amplius supra accessio any more any ouerplus any thing aboue or besides the principall That is to say as the ancient Latine translation readeth Leu. 25. 36. Thou shalt not take vsurie of him nor more then thou gauest or as S. Ambrose readeth the 37. verse In amplius recipiendum to receiue more vbi omne sortis excludit augmentum where it excludeth all increase aboue the principall as he obserueth vpon the same place
soules Neither let our silence incourage any to practise this sin We would be glad that generall reprehensions out of the pulpit might suffice Wee are loth to take Nathan his office vpon vs and say Thou art the man except wee had some speciall commission as he had It is a thanklesse office Besides we take notice of those crimes only which are written in mens foreheads wee haue no warrant to examine your bookes of Accounts Let the inquirie then come from your selues giue vs incouragement to deale plainly sincerely and directly with your consciences If we be ouer soft and indulgent with you in that businesse take no aduantage therefrom to the hurt of your soules men of the best profession will be men and not Angels And for your better resolution in this particular let me obserue vnto you that vpon the best inquirie that I can make I finde not any one Diuine new or old of what religion or sect soeuer who hath euer passed the presse in this point not any Diuine I say for Molinaeus was a Ciuilian who hath vndertaken to examine this question no not any of the supposed patrons of vsurie who hath defended the same as it is before defined and commonly practised with the greatest moderation nine eight or seuen in the hundred I did thinke at the first I should haue found some and some I haue found who doe coast ouer neere vpon it and some who do giue ouer much libertie in that kinde Yet not any of thē let Bullinger go who writeth no whit to our purpose but most confusedly taketh mistaketh vsurie for all commerce in rents reuenewes bargaine and sale merchandizing c. not any I say who hath euer taken this question in hand to sift and examine it but in conclusion their cautions and limitations by them added being likewise sifted and examined their resolution is still contrarie to your ordinarie and most moderate practise If any man therefore shall take you aside as Peter did Christ to fauour your dealings in this kinde suspect that whispering to sauour not the things that are of God but the things that be of men CHAP. III. Answering the second motiue for Orphans Widowes and old men past trading FRom example we passe to affection which is as blinde and peruerse in iudgement as the other is powerfull to leade into error the affection of pity and compassion which of all others doth preuaile most euen amōg the better sort because it seemeth to arise out of charitie But charitie is no charitie if it oppose iustice It is both a foolish and cruell pitie which so tendreth the outward estate of any to the hurt and preiudice of the soule If vsurie say they be not lawfull for any to practise alas what shall become of those Orphans and Widowes in these vniust daies which haue stocks of money left vnto them and want skill to employ the same What shall become of them By the helpe of God they may doe well My greater care is what shall become of those Orphans and Widowes in these vncharitable daies which haue no stocks at all left vnto them though I confesse both the one and the other are alike in this that they be not so able to help themselues as others be Therefore there bee no two estates amongst men ouer whom God hath a more prouident and tender care then ouer widowes and fatherlesse children He hath prouided for them by a speciall law Thou shalt not trouble any widow or fatherlesse childe His iudgements lie heauie vpon the transgressors of that law If thou vex or trouble such then my wrath shall be kindled and I will kill you with the sword and your wiues shall be widowes and your children fatherlesse No one law more iterated by Moses and frequently vrged by the Prophets then this for the safegard of Orphans and widowes Whom if mortall men shall neglect God himselfe in his fatherly prouidence will bee their protector He is a father of the fatherlesse and iudge of the widow euen God in his holy habitation Yea God would worke a miracle rather then the poore widow of the sonne of the Prophets with her two fatherlesse children should want The Sonne of God sheweth the like tender affection in denouncing a woe against such as deuoured widowes houses And his Apostle Iames measureth pure religion and vndefiled before God euen the father by charitie towards the fatherlesse and widowes Hath God then so many waies bound himselfe by promise to prouide for widowes and Orphans and shall these by vsurie withdraw themselues out of his fatherly prouidence Shall these be secured by vsurious contracts against the act of God himselfe Verily God will take it more vnkindly at their hands then at any other See the difference in this point betwixt the wisedome of the world and of God The world thinketh vsurie the best and the safest way for Orphans and widowes because it doth secure them most from all casualties which might fall vpon their stocks and estates by any act either of God or man The wisedome of God contrariwise is that these persons should most of al cast their care vpon God because he careth most of all for them But of all practises vsurie doth most withdraw them from dependance vpon Gods fatherly prouidence which best beseemeth their condition If vsurie then be a thing vnlawfull in case of Orphans it is most vnlawfull And vndoubtedly if Almightie God in wisedome had thought it meete to haue tolerated vsurie in these persons he might as easily haue mentioned the same as he doth the toleration of lending to strangers But it was so farre from Gods meaning that in the very fame place where hee maketh a law for the safegard of Orphans and widowes presently and immediatly vpon it is annexed the law against vsurie Shal these then who are so well prouided for by a speciall law of God be transgressors of the very next law vnto it God forbid Let them not come neere vnto that transgression of all other let not them of all others come neere vnto it Orphans are comming into the world widowes who intend so to continue are going out of the world and shall these two Ages which of all others ought to be most holie and heauenlie the one for innocencie and the other for deuotion be stained with vsurie Christ is Alpha and Omega vnto vs the first and the last the beginning and the end and shal the alpha of our nonage and the omega of our dotage be dedicated vnto vsurie 1. Christ calleth himselfe by the name of a letter the first letter in the Alphabet that children might learne Christ so soone as they be able to know their letters and shall wee suffer our children to bee died in the wooll of their infancie with the scarlet sinne of vsurie The spirit of Adoption teacheth vs to crie Abba father Abba is the first word that children