vnpunished because they knew not conueniently how to reforme it how much more may it seeme in many other cases necessarie to be tolerated in these daies since it hath eaten deeper into the hearts of Mammonists and spred further in all commerce betwixt man and man then euer amongst vs in any age before And if law or Magistrate by dispensation or conniuence shall seeme but to suffer it it will presently be conceiued of as a thing allowed For vulgar conceits make but small difference betwixt a toleration and an approbation This aduantage then hath the diuell gotten against vs in the practise of this sinne that vsurie being a trade so gainfull in respect of others so easie so cheape so secure without all labour cost or perill being also so common behooffull and requisite in these times for all occasions it hath bewitched euen the consciences of those who are most tender in other matters For if the heart and affection be once wonne and possessed it is an easie matter euen by slight proofes to turne the braine Quod nimis miseri volunt hoc facile credunt Strong affection giueth great credit to weake arguments Whereas indeed it ought to be contrariwise that our naturall pronenesse and the generall inclination of the world to this practise of Vsurie should moue a well tempered iudgement the rather to suspect the lawfulnes of it and the soundnes of such reasons as are brought for it Perit omne iudicium cum res transit ad affectum Men looking by affection looke through a mist or a painted glasse to whom nothing appeareth in his natiue colour and due proportion But were it not for these grosse fogges which vapour out of the nether part of the soule and from that which the Apostle calleth the roote of all euill those fallacies and sophistications which the patrons of vsurie haue cast vpon vs I conceiue might easily be dispelled both by the beames of Gods law and by the twilight of nature Let vs therfore do our poore endeuour to enforme the vnderstanding by euidence of argument desiring God by his spirit of grace to reforme the affection which is the greatest worke in this businesse What that vsurie is whereof wee dispute and Whether it be of it selfe simplie vnlawfull be the two points wherein the vnderstanding desireth to be resolued And it is a question which of these two questions is the greatest This is certaine both are necessarie The former therefore must not be omitted or slightly passed ouer neither in respect of the name nor of the nature seeing it may be somewhat enlightened by the very name though more fullie determined by the receiued definition of vsurie CHAP. II. Of the names of Vsurie WHen Adam in Paradise did first giue names vnto things they were so significant and expressiue as if nature her selfe had spoken But since the fall a libertie remaining in the sons of Adam to terme things as it pleased them to conceiue God likewise and his Angels vouchsafing to speake with the tongues of men to the end that men might conceiue them euer since I say names haue been no definitions Yet notwithstanding they may hold the candle and giue some light vnto that whereof wee are to entreate which in our English tongue is most properly termed by the name of Vsurie But whatsoeuer the matter is the more that men haue been in loue with the thing it selfe the more haue they purposely declined and auoided this name They will not call it Vsurie lest the word should be offensiue or make the thing odious But it shall be termed Vse or Vsance in exchange which are smooth words as oyle neuer abiting letter in them Or it shall be called Interest or Consideration which are ciuill and mannerly termes though by thē they meane indeed nothing else but plaine Vsurie This deuice was not first hatched amongst vs in England for it is the very same which Master Caluin hath obserued before among the French His words bee these Quia nomen foenoris Gallis fuit incognitum nomen vsurae etiam detestabile fuit Galli ergo excogitarunt nouam astutiam quasi possent deum fallere nam quia nemo poterat ferre vsura nomen posuerunt interesse I am quid significat interesse omne genus foenoris Because the proper Latine name of Vsurie foenus was vnquoth to the French therfore the name euen of vsurie was detestable The French therefore haue deuised a new trick as if they could beguile God himselfe For because no man could endure the name of vsurie they haue put in place thereof interest Now what doth interest with them signifie All kinde of vsurie Men be neuer good who vse to change and shift their names but are euer held for suspected persons and shifters themselues For hee who is ashamed of his name his name commonly may be ashamed of him So is it proportionably in professions He that is an Vsurer if you aske what he is or of what profession he would not be so termed what shall we call him then Some call him a man that putteth out his money That is ambiguous He may put it out as the Lion putteth out his claw and then well is hee that commeth not neere his grate But most commonly he is termed one that liueth vpon his money which is without all exception For as the Gentleman liueth vpon his rents the poore labourer vpon the sweate of his browes the Merchant and Tradesman vpon their aduentures skill and industrie the Husbandman and Grasier vpon the increase of the earth and breed of cattell so doth the Vsurer liue vpon his moneis which doe yeane and foale and calue vnto him once in sixe moneths at the furthest And because the name of Vsurie doth trouble mens consciences much more then the thing it selfe some haue deuised a new trick of learning as if there were some reall and materiall difference betweene the gaine of vsurie and of the vse of money imagining that vsura in Latine is deriued ab vsu rapiendo and that the Latin condemneth snatching only as the Hebrue doth biting insinuating thereby that such vsurie only is forbidden which is a greedie catching and snatching of gaine by hooke or crooke Whereas vsura in truth is nothing but vsus rei primitiuely taken for the vse of other things as well as money And so was vsura originally a good honest word vntill vsurie did marre it as wee may obserue it doth in time disgrace any terme or name that is put vpon it §. 2. The proper Latine terme for vsurie is foenus so called in the iudgement of Grammarians as if it were foenus pecuniae the brood of money And in the same sense did the Greekes call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth to breed or bring foorth I am not ignorant how some would deriue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Hebrew Toc which signifieth oppression as if vsurie were not to be misliked for it owne sake
be silent Hitherto I haue found none but discharged my cōscience according to my simple knowledge My reward shal be manifold censures no doubt for what other can be expected in so vnpleasing a matter and amidst so many aduersaries Aduersaries I say not in affection or argument but in action So as being thought ouer busie in this businesse I feare I shall be occasioned to take vp that text of Scripture though I hope in a farre other cause Thus was I wounded in the house of my friends Bee they friends or bee they strangers who are any waies touched in this point let them strike with the tongue and wound at their pleasure I shall thinke my selfe well apaid if I can cause their but to feele those wounds which they haue made in their owne consciences by this sinne This Treatise Christian Reader is not so large as to require a table though it be tedious Howbeit to giue thee some direction besides the order of the generall heads before the booke the last chapter being a briefe of the premisses with reference in the margine to the seuerall places where the points bee more fully handled may serue in stead thereof So wishing that thou maiest reade with a single eye iudge of what thou readest without affection and conforme thy affection to right iudgement I commend thee to the spirit of grace whom I beseech according to the right to guide and sanctifie the actions of thy life Graise Inne August 20. 1611. R. F. A TABLE OF THE CONTENTS The first booke declareth what is Vsurie Chap. 1. An entrance into the matter Chap. 2. Describeth Vsurie by the names § 2. Of the Latin and Greeke names § 3. Of the Hebrew names with the difference which hath been thence taken Chap. 3. Propoundeth the definition of Vsurie Chap 4. Explaineth the first terme of the definition Loane or mutuation § 2. Of the first conclusion thence inferred to the present purpose § 3. Of the second conclusion Chap. 5. Describeth the second terme Couenant Chap. 6. Describeth the third terme lucre Chap. 7. Arecapitulation of the premisses The second booke whether it be lawfull Chap. 1. Propoundeth the places of proofe from authoritie Chap. 2. The testimonie of Scripture proouing it simply vnlawfull § 2. The first exceptiō against that profe answered § 3. The second exception answered § 4. The third exception answered § 5. The degree of sinne wherein Vsurie is placed in Scripture Chap. 3. The testimonie of Fathers 1. Of the East 2. Of the West Chap. 4. Of the later times of ignorance Chap. 5. The testimonie of the Church assembled in Councels Chap. 6. The testimonie of Diuines in reformed Churches § 2. The bitter innectiues of Master Caluin against vsurie Chap. 7. Of their assertions who haue most fauoured vsurie § 2. Of the point of difference amongst Diuines Chap. 8. Of the testimonie of the Heathen 1. Philosophers 2. Historians Chap. 9. Of the three lawes 1. Canon 2. Ciuill 3. Common Chap. 10. The first reason from the nature of this question Chap. 11. The second reason from scandall Chap. 12. The third reason from the statute law now in force Chap. 13. The fourth reason proueth it to be vnnaturall Chap. 14. The fifth reason proueth it to be vngodly against the first table Chap. 15. The sixth reason proueth it vniust against equitie § 1. In respect of the three termes of the desinition 1. Loane 2. Couenant 3. Lucre. § 2. In respect of the three parties whom it concerneth 1. Lender 2. Borrower 3. Common-weale Chap. 16. The sixth reason proueth it vnchristian against charitie The third booke answering such motiues as perswade some to the lawfulnesse of it Chap. 1. Propoundeth the motiues and reasons which perswade men in this age that Vsurie may be lawfull Chap. 2. Answereth the first motiue from custome and conniuencie Chap. 3. Answereth the second motiue from pitie concerning 1 Orphans 2 Widowes 3 Old men past trading Chap. 4. Answereth the supposed necessity of Vsurie Chap. 5. Of such cases as seeme vsurious without appearance of vniustice or breach of charitie Chap. 6. Answereth reasons brought in defence of Vsurie 2. Proofes wrested from Scripture Chap. 7. Arecapitulation and inforcement of the premisses § 1. From authoritie § 2. From Reason § 3. The Conclusion A TREATISE OF VSVRIE DIVIDED INTO THREE BOOKES The first defineth what is Vsurie CHAP. I. An entrance into the matter WHen the Sonne of God spake vnto vs in his owne person conuersing as man amongst men his preaching was with that maiestie and authoritie that it was euermore admired but neuer derided sauing onely when hee spake against the seruice of Mammon then and only then the Pharisies which were couetous mocked him Small incouragement therefore and little fruit of their labours are simple sinfull men like to haue who presume either to preach or write against so gainfull a trade as Vsurie is Notwithstanding though wee seeme to labour in vaine and catch nothing let vs at the Lords commandement cast out againe on the right side of the ship For Iesus standing vpon the shore may happely perceiue some scole of fish comming on that side whereof there is some hope And verely by their comming there should be great hope for they will resort in great multitudes to heare these points discussed in pulpits They will suffer vs to cast the not ouer them but alas they runne themselues so deep into the mud that it cannot get vnder them to dragge them out Sonne of man saith God to Ezechiel they come vnto thee as the people vseth to come and my people sit before thee and heare thy words but they will not doe them for their heart goeth after couetousnesse Besides this the gaine of vsurie is a sweete gaine without labour without cost without perill omne tulit punctum it is so pleasant and so profitable a sinne as I perswade my selfe we shall neuer bee able to perswade though wee doe perswade that it is a sinne Adde moreouer vnto this that supposed necessity which the custome of vsurie hath brought vpon vs in so much as citie and countrie is not only stained with this sinne for staines may be got out but it is so wouen and twisted into euery trade and commerce one mouing another by this engine like wheeles in a clocke that it seemeth the very frame and course of traffick must needes be altered before this can be reformed Quis remouebit nobis hunc lapidem That wee may forsake this sinne and come vnto Christ by repentance who shall remoue this great difficultie which the iniquitie of times by the continuance of this practise hath laid in our way For if the wise Sages of the Parliament in the 13. yeere of Queene Elizabeth vtterly condemning all vsurie in the preface as vnlawfull were faine notwithstanding in the end of that Statute to tolerate the same in the case of Orphants according to the custome of Cities and to passe it ouer
vnlesse it might be conuicted of some sensible oppression And I must needes confesse that in the 12. Psalme vers 14. I finde Toc translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the Greeke Interpretors But they are not constant therein for in the 10. Psalme vers 7. vatoc is by them translated 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And therefore let vs rather follow the generall consent of Grammarians who fetch it neerer hand taking the nowne from the verbe For it is a safe rule for Etymologies when there is so neere affinitie at home in the same tongue neuer to trauell abroad or take so much paines to fetch it from strange languages like some great spirits of our time who will haue their names deriued from some ancient famous Romane though originally they were taken from some notable hillock or mossie quagmire before their great grandsires doore Etymologies and Metaphors be alike in this if they be too farre fetched they are vnkinde Besides the primitiue signification of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is birth As appeareth by Homer and Aristotle Next it signifieth the issue it selfe as the first borne is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 According to these two significations the learned haue giuen a double reason of this name S. Basil and S. Ambrose amongst the ancient Aretius and others of the later writers fetch it from the paines and sorrowes of trauell Graeci appellarunt vsuras 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 eo quòd dolores partis animae debitoris excitare videantur The Grecians saith S. Ambrose call vsurie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 birth because it brings the pangs of trauell vpon the soule of the debtor Metaphora ducta à parturientibus qui soluit enim soluit summo cum doloro sudore c. A woman in trauell saith Aretius doth not sweate and labour to bring foorth with greater anguish of minde then a debtor compelled to bring home the principall with increase S. Basil maketh moneths the only fathers to beget and borrowers the mothers to bring foorth this vnnaturall brood of vsurie Vnnaturall saith that Father euen as the brood of vipers which eate through the entrals of their mothers so doth the borrower being foorth for the Vsurer to the destruction of himselfe and his familie But the most generall conceit is that the Greekes and Romanes gaue the names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and foenus vnto vsurie because of the ancient opinion which the learned had amongst them namely that this vsurious increase of money which is neither fruitfull by nature as land and cattell nor fit for any other secondarie vse as to feede or to cure or to clothe or to shelter but onely to procure such things as haue increase and vse in themselues that such increase I say of so barren a thing as they conceiued money to be is vnnaturall Which position of theirs though it be not the plainest demonstration that wee haue against vsurie yet I conceiue wee shall finde much more in it then they that make the lightest account of it are ware of §. 3. Come we in the last place to the head spring and originall of all names For if names can expresse the nature of this sinne doubtlesse those names of all others must doe it which God himselfe hath vsed in the primitiue tongue and especially in his law where he euer vseth the best congruitie of speech In the first law giuen against vsurie it is forbidden vnder the most significant terme of Neshec deriued from a word which signifieth to bite because money so lent commeth not emptie home but biteth off gnaweth away and bringeth with it some part of the borrowers wealth and substance who if he cannot lick himselfe whole againe and cure his wound with biting others as commonly they doe he feeleth in the end to his greater griefe that which at the first he could not perceiue Aspidis morsui similis est pecuna vsuraria qui ab aspide percutitur quasi delectatus vadit in somnum sic per suauitatem soporis moritur He that is bitten by vsurie saith S. Chrysostome is as he that is stung of a serpent it luls him asleepe so sweetly and securely that the poore man is vndone before he be aware It is well compared by Baldus to the little worme that breedes in wood with a soft bodie and hard teeth which gnaweth secretly the very pith and inward substance of the tree the barke and outside standing intire What gallant shewes doe many men make in these daies with other mens money thus borrowed who if euery bird should fetch his feather would be as naked as Aesops Crow For when death heweth them downe their estate proueth like a hollow tree no sound timber for posteritie to build withall For why this worme of vsurie hath gnawed away their substance Verely money thus taken vp is like a new peece put into an old garment which being taken away the rent is made worse It patcheth vp his necessitie for the present but after leaueth his estate so ragged and rent that he is in worse case and more beggerly then euer he was before This biting or gnawing because it is not alwaies sensible much lesse mortall for there bee moates as well as beames in all sinnes which cannot so well be discerned therefore some subtill wits haue deuised a new distinction to please the world As if there were some toothlesse and harmlesse vsurie without the compasse of the word Neshec and without the meaning of the law of God as if God had neuer meant to condemne Vsurers but onely to muzzle them for biting So as if lender and borrower be both gainers who hath cause to complaine and why may not Christians then practise so harmelesse and innocent a trade and for that vsurie which is condemned by the name of Neshec if these men had the christning of it they would haue called it by the name of Morsura not Vsura One point then in question when we come to the matter will be whether it be not the nature of all vsurie to bite though with great difference some like the English mastiue some like the dogge-flye some scarse sensiblie and therefore not perceiued to be a sinne 1. First because many are content to moderate themselues in this gaine and then if it be a sinne it is but a little one As Lot said of Zoar Is it not a little one and my soule shall liue Modica sunt quae perdunt nos They be those little ones that vndoe vs. A moate in the eye if it be not got out in time may grow to a pin and web and a mans conscience may suffer shipwrack aswell vpon a sand as vpon a rock A rock is a great one a sand is a heape of little ones He that once or twice hath taken extreme vsurie to the sensible and apparent oppression of his brother hath runne his conscience vpon a rock But he who to auoid that Scylla will take