against long haire It is shame for a Man to weare long haire It will be replyed It is onely to be understood of such haire that is as long as womens 2. If the negligence of Pastours be checkt by that expresse Commandement Feede the flocke That is saith the deceitfull heart Either by thy selfe or by another 3. I may add a third and a very fit Instance If the Usurer be prest with this and other places His most ordinary Answeris They are to be understood of Biting not of toothlesse Vsury c. But what as he there intimates if these and the like proove to bee rotten distinctions and false Glosses upon their Beds of death as indeed they are what 's then their Case As they have leaned in their life time upon such broken staves of reed Their confidence in that dreadfull houre will be but as the Spiders House The Law of Moses concerning Vsury is judiciall not Morrall Politicall onely and proper to the Jewish Nation not perpetuall and binding all .1 Prohibition of Biting Vsury Usurers will confesse is Morrall but it appeares in answer to the second Objection that that Vsury which is forbidden in the Law is biting Ergo c. Or thus That which is unjust and uncharitable is forbidden by the Morrall Law But when out of the uncertaine negotiation of the Borrower the lender covenanteth for certaine gaine and accordingly exacteth His covenanted gaine as well out of the Borrowers losse as out of His gaine which is the practise of the Vsurer For in the contract of actuall Vsury there is an absolute covenant for certaine gaine which the Borrower whether He shall gaine or loose is absolutely bound to pay together with the Principall is unjust and uncharitable Ergo c. Great and certaine gaine accrewes to the Vsurer sometimes out of little gaine sometimes out of no gaine sometimes out of losse alwaies out of uncertainties alwaies out of labour and paines out of care and cost out of hazard and perill to the Borrower Is this conscionable 2. The Law of free lending is Morrall renewed by our Saviour Mat. 5. 42. Deut. 15. 8. Luke 6. 35. Therefore the Law which forbiddeth Vsury or lending for gaine is Morrall For the same Law which commandeth the Affirmative condemneth the Negative 3. The Holy Prophets raunge it amongst the greatest abominations and most hainous transgressions of the Morrall Law with lying backbiting deceit wrong bribery Psal. 15. with Idolatry oppression adultery cruelty unmercifullnesse to the poore bloud-shed and murther Ezek. 18. With the profanation of holy things with the abomination of uncleanenesse with the unnaturall sins of incest Ezek. 22. So doth the Doctrine of our Church Verily so many as increase themselves by Vsury by extortion by perjury by stealth by deceits and craft they have their goods of the Divels gift Homily For the daies of Rogation weeke p. 2. p. 3. Excep GOD permitted the letting out of Vsury to the stranger Therefore the prohibition cannot bee Morrall For GOD is not wont to permit any transgression of the Morrall Law Rep. Nay Sith the same Vsury which is forbidden in the Law is permitted towards a stranger therefore this permission of Vsury is prooved to be judiciall and the Prohibition Morrall This permission rather prooves it to be unlawfull in it selfe For if it were lawfull in it selfe it should not need to be permitted The putting away of a mans innocent wife being a thing simply and in it selfe evill was notwithstanding permitted to the Jewes If by stranger wee understand stranger at large I answer thus As that permission which gave leave to the Jewes to put away their innocent wives with a Bill of divorcement doth not disprove the Law forbidding Adultery to bee morrall but prooveth it selfe to be judiciall so permission of Vsury towards strangers doth not proove the Law forbidding Vsury to be Morrall but it selfe is evidently prooved to bee Judiciall And there may bee reasons also of this tolleration 1. The hard-heartednesse and covetousnesse of the Jewes might be such that if they were not permitted to practise Vsury towards strangers they would exercise it against their Brethren 2. And the injustice of the Gentiles with whom they did traffique such as they would be sure to exact Vsury of the Jewes Therefore that neither the Gentiles by inequality of negotiation should eate up the Jewes nor yet the Jewes should oppresse one another by Vsury it might be that in these civill respects the LORD permitted it towards the Gentiles Which tolleration in civill respects might absolve the Jewes in the externall Court but not in the Court of Conscience no more then the toleration of divorce did dispence with that hardnesse of their hearts before GOD. But if by stranger be meant onely the remnant of the Cananites as Saint Ambrose and Saint Hierome amongst the ancient Iunius and Tremelius of latter time have expounded it which I take to be the righter sence See before pag. 2. Dow. pag. 210. I answer thus Permission of Vsury towards the Cananite doth no more proove the Law against Vsury not to bee morrall then the allowonce of Man-slaughter in warre doth proove the Law forbidding murther to be judiciall For although the Law cendemning Vsury be never so perpetuall or morrall yet notwithstanding as other Commandements of GOD so is it to bee understood with this limitation and restraint namely unlesse GOD otherwise appoint All other Theft as well as Vsury is forbidden in the morrall Law but if GOD by speciall warrant allow the Israelites to spoile the Aegyptians at their departure out of Aegypt they may lawfully doe it It is a fearefull morrall transgression for a Father to kill His onely Sonne but if the LORD bid Abraham kill His owne Sonne Hee is authorized to doe it Mortall Princes dispense with their Lawes who then dare abridge this royall prerogative in the mighty LORD of Heaven and Earth Whose Holy Will is the Rule of justice GOD appointed His people to destroy the Cananites Numb 33. 51. And it was fittest by litle and litle See Exod. 23. 29 30. Deut. 7. 22. Vsury therefore was a fit Consumption so to eate them out Whereupon saith S. Ambrose Ab hoc usuram exige quem non sit crimen occidere Thou maist lawfully take Vsury of Him whom Thou maist lawfully kill But howsoever the Partition wall is now broken downe And there is no such difference of Brother and stranger I am sure amongst those that professe the name of CHRIST And therefore it is execrable amongst us without all contradiction These three precedent are the most ordinary starting Holes the Vsurers haunt Others are sometimes urged but not with that pertinacy and confidence Such as these I deale saith the Vsurer as I would be dealt with and doe as I would bee done by And therefore all that while I hope I doe no wrong I would willingly pay ten in the hundred if I had need and then
12. Prov. 28. 8. Which are as it were Commentaries and Expositions of the Law there is no mention of the poore but Vsury is absolutely forbidden without respect of Persons Nay to prevent this shift and to demonstrate this evasion to be very frivolous In the very Text Deut. 2◠19. there is no mention of the poore at all but the Law is delivered in generall termes Thou shalt not lend upon Vsury to thy Brother Now He is your Brother whether He be rich or poore The partition wall is now taken away and both Jew and Gentile rich and poore are Brethren and therefore we must exact Usury of none except we would be worse then Jewes Our Saviour Christ Luke 6. 34. gives this testimony to the very sinners of His time amongst the Jewes that they would lend One unto an Other that they might receive so much as they lent And therefore not so much as the least Usury was lawfull towards a Brother whether He were poore or rich If the Scriptures had put such a difference betweene the poore and the rich as betweene the Israelite and Cananite To the rich thou maist but to the poore Thou shalt not lend upon Vsury Then the case were cleare But Deut. 23. 19 20. GOD makes opposition not betweene the poore and the rich but betweene an Israelite and Cananite For by stranger in that Place is meant the Hittites the Gergashites the Amorites the Cananites the Perisites the Hivites and Jebusites and no other stranger as may be collected Levit. 25. 35. So also doth Saint Ambrose De Tobia cap. 15. Paulus Fagius Annot. in Cald. Paraphras in Deut. 23. 20. Iun. Annot. Ibid. expound it What these the Jewes were commanded to destroy Deut. 7. 12. And Usury was as teeth given them and allowed by GOD to eate them up withall Whence that of Saint Ambrose De Tobia cap. 15. Ab hoc usuram exige quem non sit crimen occidere Seest thou a man whom Thou maist lawfully kill take use of Him but not of thy Brother 3. In the lawes of Usury and other prohibitions of oppression expresse mention is made of the poore and helplesse Because 1. The poore are soonest and easiest oppressed of the Rich as the lowest hedge is oftnest stepped over 2. It is a more grievous sinne to oppresse the Poore 3. Those onely who have need have just occasion to borrow 4. Shall a speciall Instance in some one Object which makes the sinne forbidden extreamely hatefull abridge and restraine the generality of a law Will the exageration of a sinne in the highest degree make all those actions no sinne which come not to that degree Because it is an heinous offence to steale a Cow from a poore man is it not a sinne to steale a Sheepe from a rich man that can spare it full well and perhaps never misse it 5. Nay M. S. will you stand in this exception to the verdict of your owne Witnesse in the very Point for which you produce Him I meane of the rarest Iewell that ever the English Church enjoyed These are His words upon 1 Thess. Chap. 3. pag. 86. Thus much saith He I thought expedient to speake of the loathsome foule Trade of Usury I call GOD for a record unto my soule I have not decived you I have spokē unto you the truth If I be deceived in this matter O GOD Thou hast deceived me Thy word is plaine Thou saiest Thou shalt take no Vsury Thou saiest He that taketh increase shall not live What am I that I should hide the words of my GOD or keepe them backe from the hearing of this people The learned old Fathers taught us It is no more lawfull to take Usury of our Brother then it is to kill our Brother c. Marke the last words And then looke backe upon pag. 78. lin 22. Where He saith He is thy Brother whether he be poore or rich And then conclude plainely that the worthiest of your pretended Patrons condemnes Usury-taking either of rich or poore Aspidis morsui similis est pecunia usuraria Qui ab Aspide percutitur quasi delectatus vadit in somnum sic per suavitatem soporis moritur He that is bitten by Usury saith Chrysostome is as He that is stung of a Serpent it lulls Him asleepe so sweetly and secretly that the poore man is undone before he be aware 6. If Usury finde a man rich yet it bringeth with it a paire of Canniballs chops and many cruell teeth to eate out the very Heart of His estate except He cunningly heale Himselfe by some other covetous way or unconscionable course Hence it is that Saint Chrysostome compares Usury to an Aspe which together with the poyson infufes a delightfull sleepe but in that sweete insensiblenesse takes away life So the Usurers money refreshes for a time but by little and little sucks out the very life-bloud of a mans estate And that of Saint Basil to to those that objected That many by the imployment of money borrowed upon Usury grew rich But I thinke moe saith He have come to the Halter His meaning is by paying Usury they have growne poore and so fallen a stealing and at last come to hanging To speake more fitly to these sinnes But I thinke moe have prooved Bankerupts And againe How many of your Usurers are free lenders to the poore except it be in cunning out of a deepe Hypocrisie to colour their usurious cruelty 7. If the law of lending to the poore without usury should inferre the lawfullnesse of lending to the rich upon usury How should GODS purpose in those places for the benefit of the poore have place Because by this meanes it would come to passe that the poore should very hardly or not borrow at all For how few would lend to the poore for nothing when as they might lawfully lend to the rich upon usury Now it were better for the poore that He might borrow upon Usury then that He might not borrow at all The Scripture saith the Usurer forbids onely byting Vsury 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Morsury which commeth of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mordere to bite There is thinkes He a certaine toothlesse or not byting Usury which is tollerable 1. What will not Covetousnesse catch at to nourish its greedy and cruell humour Nesheck is the common and ordinary name whereby all Usury is signified in the Hebrew Tongue And doth Metaphorically intimate and import the aggravation of the sinne not a distinction of the kindes of Usury Epithets and Originals serve more to amplifie and exaggerate then to distinguish See T. pag. 53. Hence it is also that Usury in the Chaldee is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chabulia i. e. Perditio quòd omnes opes perdat devastet 2. The Scriptures condemne not onely Nesheck but also Tarbith And that not onely in the Comments of the Prophets Ezech. 18. 17. And 22. 12. Prov. 28. 8. But in the very
He that letteth any thing beareth the hazard of the thing He lets As the Land-lord of the ground not onely of the Title but also of all casualties and calamities any way incident as overflowing by Sea Invasion by enemies c. In which Cases He is as well to loose His Rent as the Tenant His labour and charges A thing that is hired if it perish without the default of the Hirer it perisheth to the Owner 1. Because He is the Owner 2. Because it went for the hire According to the equity of GODS Law Exod. 22. 15. If the Owner thereof stand by to wit that it may appeare not to be the Borrowers default the Borrower shall not make it good For if it be an hired thing it came for the hire But iâ— money the Borrower standeth to all the hazard in common equity because the Borrower is the right Owner for the time and in all right every thing perisheth to the right Owner 1. Now it is a Rule in Law To whom the hazard appertaineth to Him the fruit and profit belongeth 2. And whereas the Principall may perish without the Borrowers default To covenant for certaine gaine for that which is hazardable is unjust But if there were nothing els it is more then sufficient That letting Land to Tenants is not disallowed by GODS Word or any other learning in any time or age c. But lending for use is condemned by GODS Booke and all other learning and in all ages But as the world goes now saith the Usurer as mens manners now are Common-wealths cannot stand Trafficke cannot be maintained Tradesmen cannot live without it Ergo c. 1. By this Argument saith Chemnitius may the whole Scripture be overthrowne For the world will not walke in the waies of GODS Commandements Must we therefore say that those are not sinnes which are manifestly condemned in Scriptures 2. How then did the state of the Jewes consist without it which was of Gods owne constituting To say absolutely that Common-weales cannot stand without it is to derogate from GODS wisedome in ordering His own people amongst whom He would suffer no Usury 3. If the Jewes had thus pleaded in those times of that toleration that their Common-wealth could not stand without the Bill of divorce yet notwithstanding if any had put away His wife save in the Case of Adultery though He might have escaped in the externall Court yet was He not absolved in the Court of Conscience and before GODS Tribunall So though an Usurer were now able truly to say which He cannot that the Common-weale could not stand without Usury yet for all that Woe unto them that put their hands unto that cursed and cruell Trade 4. If it were so the Argument prooves no more then this That Usury is a necessary Evill And this necessity argueth not the lawfullnesse of Usury but the wretchednesse of the world which as Saint Iohn saith lieth in Evill A Drunkard hath brought His Body into such an Habit that unlesse Hee drinke abundantly even to the turning of His braine Hee is sicke againe Is not drunkennesse in that Person sinnefull because so necessary A Sonne of Belial by prophane education and continuall haunting wicked company hath brought Himselfe to that passe that it is almost as necessary to Him to sweare as speake is Blasphemy in this man no iniquity because custome hath brought upon Him this cursed necessity Some men according to Saint Paul have so hardened their hearts that they now cannot repent Is impenitency in them no sinne because their owne corruption and custome have made it necessary If this necessity they talke of were impos'd by GOD this reason were good Usury is necessary therefore lawfull But sith men and states have drawne it upon themselves by their corruptions and custome of sinne it doth rather aggravate then extenuate the fault And certaine it is Cities Incorporations and Townes have drawne upon themselves this necessity by such Caâ—t-ropes of iniquity as these 1. Hardnesse of mens hearts and want of charity in those who be well able to lend and will not whereby many are forced to pay Usury 2. The covetous desire and pride of Borrowers who out of an insatiable appetite to compasse great matters doe take up great summes of money for money that no money is to bee spared for such as bee true Borrowers indeed 3. Falsehood and deceit in disappointing One another of their monies at the times appointed so as missing of their owne they are compelled to take up of others or els to shut up their doores as they say Now if a pretended necessity springing from the hardnesse of mens hearts and corruptions of the times bee sufficient to justifie Usury then by the same argument may any other sinne be defended GODS Law did ever intend that men should lend One unto an other In charity to the poore In friendship to their equals to receive the like curtesie againe Which Duty if men would performe there were no necessity of Usury 5. It may be without taking up money of the Usurer the Tradesman cannot live in that bravery and fashion nor drive His Trade to that height nor purchase so much land keepe such a Port and state c. But let Him know that it is a thousand times more comfortable to carrie a lower saile to content Himselfe with moderate and lawfull meanes of getting to keepe a good conscience then to inrich Himselfe by such practises as be either forbidden or doubtfull Better is a little with the feare of the Lord then great treasure with trouble trouble of conscience at the houre of death Whosoever laieth this for his ground that He will be rich worth so many hundreds within such a time c. must needs ensnare His conscience with many necessary evills whereof Usury is one For they that will be rich saith the Apostle fall into temptations and snares which drowne men in perdition and destruction But the Law of the Land allowes it saith the Vsurer therefore I hope it is lawfull 1. I denie the consequent No Law of man can abrogate or disanull the Law of GOD. It is not the Law of man but the Law of God which is the Rule of our Conscience The Law of Man may cleare Thee from civill penalties in the outward Court and before the Magistrate but it cannot free Thee from the guilt of sinne in the Court of Conscience and vengeance due by the Morrall Law 2. But the truth is the Vsurer doth grossely mistake For Vsury is branded and censurable both by 1. The Common Law 2. Statute Law 3. Ecclesiasticall Law 1. The Common Law did anciently expose the Vsurer wholy to the Censure of the Church But if the Vsurer died in this sinne so that the power of the Church could extend no further because He died out of the Church yet then the Common Law discover'd and dischargt its edge and hatred against
this cruell sin by taking vengeance upon Him in His goods and posterity Omnes res mobiles omnia catalla quae fuerunt Vsurarij mortui ad usus Domini Regis capientur penès quemcunque inveniantur res illae Haeres quoque ipsius hac eadem de causâ exhaeredatur secundum jus regni ad Dominum vel Domines revertetur haereditas Randulphus de Glanduilla Hen. 2. lib. 7. cap. 16. His goods were all forfeited to the King and His Lands returned to the Lords of the fee. Neither was this meant of any immoderate Vsury above ten in the hundred For the same Glanvile who was Lord chiefe Justice of England in the daies of Henry the second teacheth that Vsury is committed when a man having lent anything that doth consist upon number weight or measure doth take anything over and above His loane lib. 10. cap. 3. Edvardo Rege 1042. 37. De Vsurarijs Vsurarios quoque defendit Rex Edvardus ne remaneret aliquis in toto regno suo Et si quis inde convictus esset quod foenus exigeret omni substantiâ propriâ careret posteà pro Exlege haberetur Hoc autem asserebat ipserex se audisse in curiâ regis Francorum dum ibidem moraretur quod Vsura radix omnium vitiorum esset So detestable was an Vsurer in the eye of the Common Law before any thing was provided by Statute 2. As concerning the Statute-Law now in force Men looking onely upon the practise of Usurers and connivency of Magistrates not upon the Act of Parliament it selfe made Anno 13. cap. 8. very much mistake when they conceive that Vsury hath any approbation thence For how can it be said to allow it 1. Sith the Title of it is an Act against Vsury 2. And the statute it selfe calls it a sinne and detestable and forbidden by the Law of GOD. These are the words For as much as all Vsury being forbidden by the Law of GOD is sinne and detestable What security then hast Thou to thy conscience out of this statute for thy practise of Vsury Nay how doth it permit it Sith all Vsury above ten in the hundred is thereby to be punished with the forfeiture of the triple valew of the principall Nay any at all whether it bee after the rate of ten in the hundred or under though it were but of one in the hundred is to bee punished with the forfeiture of the Vsury or increase Heare the Proviso of that noblest Parliament of late Iacob 21. in their Act against Vsury Provided That no words in this Law contained shall be construed or expounded to allow the practise of Vsury in point of religion or conscience 3. Even the latest Canons Can. 109. ranke Vsury amongst notorious Crimes Would have Usurers presented severely punished not admitted to the Holy Communion till they be reformed Heare Our Churches Doctrine Verily so many as increase themselves by Vsury by extortion by perjury by stealth by deceits and craft they have their goods of the Divels gift Hom. For the daies of Rogation weeke P. 2. P. ppp jjj. But both are gainers may the Usurer say both the Borrower and the Lender Here then is no breach of Charity c. 1. By the same reason may a man justifie the Officious Lie to keepe His friend out of danger But the truth is both lying and Vsury whatsoever good or gaine come by them are starke nought because forbidden in the Booke of GOD. Wherein It is a constant Rule That we may not doe evill that good may come thereof Suppose a fellow sell an 100. stollen sheepe to some of His Customers for 40 lb. Here they are both gainers But yet for all that there is notorious villany A Minister comes to a covetous Patron gives Him an 100 lb. for a presentation to a living of an 100 lb. per Annum Here they are both gainers But yet for all that Here is execrable Simony 2. If the Borrower gaine by accident in respect of the event or any accidentall concurrence It is no thankes to the Usurer For His contract neverthelesse is unequall and unconscionable Because Hee covenanteth for certaine gaine out of the Borrowers uncertaine traffique from that which hath no fruitfull use in it selfe but is spent in using I meane money alwaies out of labour and paines care and cost hazard and perill to the Borrower Whether He gaine or loose whether He sinke or swimme or whatsoever become of the principall whether it be lost by fire or be taken away by theeves or perish by shipwracke or miscarry by any other calamity He having made an absolute covenant for the restitution of the principall with Vsury is ready by vertue of the same to demand it as well out of the losse of the Borrower as out of His gaine Now thus Out of the uncertaine negotiation of the Borrower to covenant for certaine gaine is not onely uncharitable but also unjust and unequall Exc. But the Borrower will the Usurer say is in a manner sure to gaine Rep. Why then say I will you not adventure with Him For if the Lender will be content to hazard His principall so that He will not onely looke for no gaine but when the Borrower gaineth but also will be content to beare part with Him in His losse He shall not deale by Vsury but by partnership 3. Where there is no justice there can be no charity but Usurious contracts are unjust therefore uncharitable An usurious contract including an absolute covenant for gaine provideth for the lenders certaine gaine as well out of the Borrowers losse as out of His gaine which is very unequall and unconscionable But see the injustice of Vsury punctually and plentifully prooved by M. Fenton pag. 98 99 c. It is against justice because there is a certainty of gaine exacted where no gaine is or can be certaine 4. There is a breach and violating of charity where an Act of charity liberality and mercy is turned into an Act of selfe-love and covetousnesse and cruelty But in the exercise of Usury The contract of mutation which the Lord hath ordained to be an Act of charity and liberality is turned into an Act of selfe-love and covetousnesse and cruelty therefore it cannot be denied but charity is thereby violated and liberality set to sale 1. Into an Act of selfe-love For whereas by the ordinance of GOD and by the Law of nature lending is free and charitable intending the good of the Borrower and not of the Lender Vsury hath made it illiberall and uncharitable intending the lenders profit chiefly if not onely and seeking yea covenanting for the lenders gaine as well out of the losse of the Borrower as out of His gaine Lending was not ordained to be a contract of negotiation but an Act of charity and liberality wherein the Lender should not respect His owne gaine but the Borrowers good Lending therefore upon Vsury is made an Act of selfe-love
money so also proportionably to beare part of the losse Upon Exod. 22. pag. 52. 5. Iunius is an other in the Muster But Hee also so tempers Vsurious poyson with Cautions and Conditions as Hee calls them that He breakes the neck of the common Vsury practised amongst us The first is in respect of the manner The Transcriber saith measure falsely if not cunningly And what is that That the Creditor doe not impose it unhonestly but the Debtor honestly offer it In his third Caution He hath this passage If no profit bee reaped by the Debtor let the Creditor take heed lest Hee cruelly covet and feeke after His owne commodity from the unprofitable labour and losse of the Debtor 6. Zanchius is also urged But heare Him also so farre from approoving our common Usury that Hee utterly confounds in these words Imo hoc aio esse debes O Creditor ut si debitor non solum non fecit lucrum sed etiam accepit damnum tu quoque damni aliquid cum illo patiaris hoc enim postulat aequitas charitas Jn 4. Ad Eph. pag. 446. Nay thou oughtest saith He O Creditor to bee of this resolution that if the Debtor not onely make no gaine but also hath received losse thou also must suffer with Him some part of the losse For this equity and charity require 7. Your Virell allowes that gaine for lending which is taken according to order of Law But our Lawes as appeares clearely before pag. 32 33 c. take no order to take any Vsury Nay our Common Law abominates it Our Statute Law calls it a detestable sinne and forbidden by the Law of GOD Therefore we of this Land must take no Usury 8. That Polanus doth not approove but condemne Usury properly and truly so called commonly practised in this Kingdome seemes manifest by divers passages He makes three kindes of it 1. Gainefull 2. Recompensing 3. Punishing The first which is the same with our common Vsury practised in this Kingdome Hee thus defines Gainefull Vsury is theft which is committed when any receives gaine onely in liew of lending having received no dammage by any fault of the Borrower Under this kinde He compriseth all kinde of Usury which either oppresseth the poore or makes men poore How Vsury bites and makes men poore See before page 10. c. His reasons for which Hee damnes this Vsury are many The sixt declares His meaning against that Usury which we pursue with just indignation and is commonly and cursedly practised almost now every where It runs thus This gainefull Vsury is wicked sith by it the Vsurer seekes gaine out of that thing the losse or hazard whereof belongeth not unto Him but to the Debror It is an unjust thing to gape for gaine out of an other mans losse Mutuatio debet esse gratuita i.e. absque alicujus lucri exactione captatione aut doni acceptatione Ibid. pag. 4473. Borrowing ought to bee free without exaction and captation of gaine or receiving of gaine It seemes by such passages as these that Polanus was no Patron of Usury properly so called At the Close let me speake unto you as Saint Austin did sometimes unto His Hearers Haec fratres charissimi si vobis ego non dixero rationem pro animabus vestris in die judicij redditurus ero Quicunque autem magis mihi irasti quam se emendare voluerit non habet unde per ignorantiam se possit ante tribunal aeterni judicis excusare ut dicat se non fuisse admonitum nec a malis prohibitum nec ad ea quae sunt DEO placita castigatione admonitione frequentissimâ provocatum Sed credimus de Domini misericordia quod ita negligentibus quibusque inspirare dignabitur ut sibi magis vel peccatis suis quam medicamentis sacerdotatibus irascantur Et quomodo aegrotantes a carna libus med cis requirunt sanitatem corporum sic a spiritalibus medicamenta desiderent animarum August De Tempore Serm. 243. Beloved Brethren if I admonish you not of these things I must give an account for your soules at the day of judgement But whosoever will rather bee angry with mee then amend himselfe hath no excuse for his ignorance before the tribunall of the eternall Judge as that hee was not prohibited from evill or provoked to good But our trust is in the mercy of GOD that by His holy inspirations Hee will so worke upon all negligent hearers that they will bee angry rather with themselves and their sinnes then with the wholesome medicines of the Priest And as sicke people desire health of body from their carnall Physitions so they will earnestly desire the health of their soules from those that are spirituall FINIS Perlegi tractatum hunc de Vsurâ in quo nihil reperio quò minùs cum utilitate imprimatur THO WYKES R. P. Episc. Lond. Cap. Domest Cant. 8. 6. Acts 19. 24. Instructions for comforting afflicted consciences pag. 108. c. usque pag 130. De vita Anselmi lib. 2. in Oper Ans. Sozem. Hist. Lib. 3. * Of whom Beza somewhere professeth that the Sun never beheld a more divine meeting since the Apostles times * See the same also in corrupter Times Wet Book pag. 61. * 〈◊〉 pag. 7â— Ob. 1. Answ. 1. See Fenton pag. 45. Chrys. Hom. 12. Ope. imper * Hence that of Iunius Nos itaque damnandam esse intolerandaÌ„ omnem Usuram non possumus adfirmare sed eam solùm quae pauperes egentes opprimit aut pauperes facit Appen ad Expl. Levit. pag. 115. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Basil Hom adu Usur Ob. 2. Answ. 1. Ezek. 18. 13. Ob. 3. Answ. 1. Mat. 19. * Lib de Tobia cap. 15. * Lib. 6. in Ezek. 18. Lib de 〈◊〉 obia cap. 15. Ob. 1. Answ. 1. Hottom de Usur 85. Arist. Eth. 1. 1. Ob. 2. Answ. 1. Ob. 3. Answ. 1. * How money is unlawfull See Fent pag. 93 94. Because it may be subject to cavill Ibid. pag. 65. Commodatorius non tenetur de casu fortuito nisi se adstrinxerit Cod. lib. 4. Tit. 23. Leg. 1. See Dow. How usury differs from the lawfull contract of Location pag. 158. Ob. 4. Answ. 1. * P. 2. Loc. Com. pag. 462. Hoc argumento posset tota Scriptura everti Mundus enim non vult in viâ Manda tâ—rum Dei ambulare Num igitur ducenduÌ„ est non esse peceata quae in Scriptura manifestè damnantur Rom. 2. 5. Luke â— 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pro. 15. 16. 1 Tim. 6. 9. Ob. 5. Answ. 1. Accusatio enim potius quam executatiâ— vbi mandâ—ti est a perta transgressio Aug de Civit Lib. 14. 14. Leges boni Regis Edvardi qui regnare coepit Anno Salutis 1042. Pro Exlege For an Outlavv and so deprived of the Kings protection and of His Lavves Ob. 6. Answ. 1. Rom. 3. 8. It is unjust to exact any money where there is no