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<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2012-08-24</DATE>
<RESPSTMT>
<NAME>John Pas</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Checklist: x * Add TEMPHEAD, change DATE, validate x * Add DIV TYPEs, validate x * Review structure, use FRONT, BODY, BACK or rarely GROUP x * Survey book for troublesome formats of all kinds, including lists, illustrations, tables, music, math, end-notes, quasi-tabular arrangments, and marginalia. Made sure that it was correctly tagged. Decide how much is worth changing.
* Check PB placement and completeness, ensure sequence of N="" x * Proof title page(s) x * Check HEAD TRAILER ARGUMENT EPIGRAPH BIBL OPENER CLOSER SIGNED SALUTE BYLINE x * Check ^, oe, abq, italic I / J, _Initals, space between &amp;c. x * Check -- LB FIGURE x * Check q; Q x * Check all GAPs and quire signatures x * Check ligatures if in blackletter &abper; &abpro; &abus; &abquod; &absed; &abser; &abcon; &abrum; &abis; and any miscellaneous ABBR's x * Z's: medial capital Z's and final z's if in blackletter x * gr; entities x * 'd vs ld x * f&s; / &s;f x * Capital U / V's in black-letter, w\^[^t] x * accented letters x * ot / ol / of and tr / tb / th x * Correct illegibles from proofsheet x * Check for &punc; in the middle of words x * Check illegible page, para, line, span, word, dollar signs x * Look for unobtrusive numerations and other occult signs of structure. Do they mark divs? milestones? x * Examine marginalia. Is it all best tagged as NOTE? x * If appropriate, check for yoghs. x * Final validate Corrected [ ] illegible groups out of [ ]. Converted [ ] illegible groups to GAP DESC="illegible". DONE</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="B07558">
<STC T="S">6443.5</STC>
<STC T="C">S483308</STC>
<BIBNO T="oclc">[ocm]60449162</BIBNO>
<VID>181246</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="frontispiece">
<PB REF="1">
<P><FIGURE>
<FIGDESC>allegorical depiction of usury and userers. Note: text boxes has been captured in order: top left, top right, bottom, then the poem along the bottom border</FIGDESC>
<HEAD>OPERA <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"></HEAD>
<LG>
<L><UNCLEAR>Ie croyois en Estra exc~pt</UNCLEAR></L>
<L><UNCLEAR>Et n&agrave;y pas cruq&ugrave;un ho~|me de monrang</UNCLEAR></L>
<L><UNCLEAR>Eut est&egrave; menasc&egrave; de|ses tourments.</UNCLEAR></L>
<L><UNCLEAR>Apres avoir &egrave;t&egrave; en&s;urete|&s;y tongtems.</UNCLEAR></L>
<L><UNCLEAR>&s;y Democritcel Heracli|te estorient au jourdhuy</UNCLEAR></L>
<L><UNCLEAR>Que t&ugrave;n pleureroit et l&agrave;utre rirou des figures que l&ograve;n fait icy.</UNCLEAR></L>
</LG>
<LG>
<L>Ie rend tout de moy|mesme</L>
<L>Depeur d&yacute; &ecirc;tre forc&egrave;</L>
<L>Que chacum fasse|de mesm&egrave;</L>
<L>Car ce n&egrave;ste pas du|bien amasse</L>
<L>Il ne faui pas me|mettre a la gesne</L>
</LG>
<P><FIGURE>
<HEAD>Chez Gailliard rue de Gesure A'aris</HEAD>
<LG>
<L>Monsieur point de Compliment</L>
<L>rendezvous notre Argent</L>
</LG>
</FIGURE></P>
<P><FIGURE>
<HEAD>Souffle Souffle</HEAD>
</FIGURE></P>
<P><FIGURE>
<LG>
<L>Enroz&eacute; les faites les</L>
<L>cuire Et les mangera</L>
<L>qui voudra ils sontdure</L>
</LG>
</FIGURE></P>
<P><FIGURE>
<LG>
<L>Ferme Purg&eacute; Purg&eacute;</L>
<L>C&eacute;st vn gros fermier</L>
</LG>
</FIGURE></P>
<LG>
<L>Quel Diable d'Opera</L>
<L>Et quels acteurs sont ce la</L>
<L>Aton jamais declame par la</L>
<L>Pour faire to uttes ces figures la</L>
</LG>
<LG>
<L>Faut estre Soustraitant</L>
<L>Maltotier ou Partisan</L>
<L>Pour avoir dans ce temos</L>
<L>Dans le derriere tant d'Argent</L>
</LG>
<LG>
<L>Fameuse Uzuriere</L>
<L>Que l'on fait tant boire</L>
<L>Esce la Crainte de l'Enfer</L>
</LG>
<LG>
<L>Ou la Question ordinaire</L>
<L>Qui fait couler de votre derriere</L>
<L>Vn inetail qui finy nos miscres.</L>
</LG>
</FIGURE></P>
</DIV1>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE DEATH OF VSVRY, OR, THE DISGRACE OF VSVRERS.</P>
<P>COMPILED MORE PITHILY THEN HITHERTO HATH beene publi&s;hed in Engli&s;h.</P>
<P>Wherein <HI>V&s;ury</HI> is mo&s;t lively vnfolded, defined, and confuted by Divines, Civilians, Canoni&s;ts, Statutes, Schoole-men, old and new Writers.</P>
<P>With an Explanation of the Statutes now in force concerning <HI>V&s;ury,</HI> very profitable for this pre&s;ent Age.</P>
<Q><BIBL><HI>Ambro&s;ius in 1. The&s;&s;al. 4. Chap.</HI></BIBL>
<P>Hi petunt inferos, vt di&s;cant verum e&s;&s;e in morte quod in vita credere noluerunt.</P></Q>
<P><HI>LONDON,</HI> Printed by <HI>I. L.</HI> for <HI>Robert Allott,</HI> and are to be &s;old by <HI>Iohn Stafford,</HI> dwelling in Black-Her&s;e-Alley neere Fleet-&s;treet. 1634.</P>
</DIV1>
<DIV1 TYPE="list of authors cited">
<PB REF="2">
<PB REF="2">
<HEAD>AVTHO&V;RS AND Writers v&s;ed in this booke <HI>be|SIDES THE AVTHORITY of the holy Scriptures.</HI></HEAD>
<LIST>
<HEAD>A</HEAD>
<ITEM>S. Augu&s;tine.</ITEM>
<ITEM>S. Ambro&s;e.</ITEM>
<ITEM>T. Aquinas.</ITEM>
<ITEM>Aretius.</ITEM>
<ITEM>Alphon&s;us.</ITEM>
<ITEM>Ari&s;totle.</ITEM>
</LIST>
<LIST>
<HEAD>B</HEAD>
<ITEM>S. Barnard.</ITEM>
<ITEM>S. Ba&s;il.</ITEM>
<ITEM>Bullinger.</ITEM>
<ITEM>Brentius.</ITEM>
<ITEM>Bucer.</ITEM>
<ITEM>Theo. Beza.</ITEM>
<ITEM>Gabr. Biel.</ITEM>
<ITEM>Brunnion.</ITEM>
<ITEM>Balaus</ITEM>
</LIST>
<LIST>
<HEAD>C</HEAD>
<ITEM>S. Chry&s;o&s;tome.</ITEM>
<ITEM>M. Calvin.</ITEM>
<ITEM>Cami&s;ius.</ITEM>
<ITEM><HI>12.</HI> Centuries.</ITEM>
<ITEM>Con&s;ilium Agathen&s;e.</ITEM>
<ITEM>Con&s;ilium Nicen.</ITEM>
<ITEM>Con&s;il. Ma. papa.</ITEM>
<ITEM>Coa. de V&s;uris.</ITEM>
<ITEM>Cato.</ITEM>
</LIST>
<LIST>
<HEAD>D</HEAD>
<ITEM>Danaeus.</ITEM>
</LIST>
<LIST>
<HEAD>E</HEAD>
<ITEM>D. Aepinus.</ITEM>
<ITEM>Era&s;mus.</ITEM>
</LIST>
<LIST>
<HEAD>G</HEAD>
<ITEM>Gualter.</ITEM>
<ITEM>Ger&s;on.</ITEM>
<ITEM>Graftons Chronicle.</ITEM>
</LIST>
<LIST>
<HEAD>H</HEAD>
<ITEM>S. Hierome.</ITEM>
<ITEM>Hemingeus.</ITEM>
<ITEM>Hermenopolus.</ITEM>
<ITEM>He&s;iodus.</ITEM>
</LIST>
<LIST>
<HEAD>I</HEAD>
<ITEM>B. Iuell.</ITEM>
<ITEM>Iulius.</ITEM>
<ITEM>Iu&s;tinius.</ITEM>
</LIST>
<LIST>
<HEAD>K</HEAD>
<ITEM>D. Kimhus.</ITEM>
</LIST>
<LIST>
<HEAD>L</HEAD>
<ITEM>Luther.</ITEM>
<ITEM>Labother</ITEM>
<ITEM>Lactantius.</ITEM>
</LIST>
<PB REF="3">
<LIST>
<HEAD>M</HEAD>
<ITEM>D. P. Martyr.</ITEM>
<ITEM>Melancthon</ITEM>
<ITEM>Mu&s;culus</ITEM>
<ITEM>Menander</ITEM>
</LIST>
<LIST>
<HEAD>P</HEAD>
<ITEM>Pagne.</ITEM>
<ITEM>Pomerianus.</ITEM>
<ITEM>Plutarch.</ITEM>
<ITEM>Plato.</ITEM>
</LIST>
<LIST>
<HEAD>R</HEAD>
<ITEM>Rodulphus.</ITEM>
</LIST>
<LIST>
<HEAD>S</HEAD>
<ITEM>Bart. Sepolitanus.</ITEM>
<ITEM>Septuaginta.</ITEM>
</LIST>
<LIST>
<HEAD>T</HEAD>
<ITEM>Tremellius.</ITEM>
<ITEM>Tullius.</ITEM>
</LIST>
<LIST>
<HEAD>W</HEAD>
<ITEM>theol. Wittenberge.</ITEM>
<ITEM>D. Wil&s;on.</ITEM>
</LIST>
<LIST>
<HEAD>Z</HEAD>
<ITEM>Zwinglius.</ITEM>
</LIST>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="3">
<HEAD>&leaf; VSVRA.</HEAD>
<P>_IT is &s;o called becau&s;e it doth <HI>Con&s;tare dere.</HI></P>
<P>The word <HI>V&s;ura</HI> is taken in two &s;en&s;es or &s;ignifications:
<LIST>
<ITEM><HI>properly.</HI></ITEM>
<ITEM><HI>improperly.</HI></ITEM>
</LIST></P>
<P><HI>Properly</HI> it &s;ignifieth the v&s;e of a thing, as <HI>Era&s;mus</HI> hath well ob&s;erved, that the name of <HI>V&s;urie</HI> is taken from <HI>v&s;ing,</HI> and is to be applyed not onely to this but to all other things: the very Etymologie of the worde &s;heweth it; the Latines have the&s;e tearmes, <HI>V&s;ura Solis, V&s;ura Lunae, V&s;ura Terrae, &amp;c.</HI> Hereof <HI>M. Bullinger</HI> &s;aid well, The name of <HI>v&s;urie</HI> is not euill, but the abu&s;ing of it in ap|plying it to ill trades and actions.</P>
<P><HI>Improperly</HI> the name of <HI>V&s;urie</HI> is &s;o taken <HI>Cau&s;a pro effectu</HI> when we take <HI>v&s;urie</HI> for the increa&s;e and aug|mentation that ari&s;e of it, it is called <HI>v&s;urae</HI> of the Latini&s;tes, becau&s;e there is received a cer|taine recompence for the v&s;e of the mony, the Graecians call it <GAP DESC="foreign">, as it were a certaine thing bred of the principall, the Haebricians call it <GAP DESC="foreign"> of biting.</P>
<PB N="2" REF="4">
<P>There be three kindes of <HI>V&s;uries,</HI>
<LIST>
<ITEM>1. <HI>Foenus naturale.</HI></ITEM>
<ITEM>2. <HI>Foenus &s;pirituale.</HI></ITEM>
<ITEM>3. <HI>Foenus politicum.</HI></ITEM>
</LIST></P>
<P N="1">1. <HI>Foenus naturale,</HI> is that which come and increa&s;e by til|lage of the ground. This <HI>v&s;urie</HI> is lawfull, becau&s;e it is the or|dinance of God in the beginning. <HI>Cain</HI> is called a tiller of the ground, many of our fore-fathers haue growen rich by this <HI>v|&s;urie</HI> as <HI>Abraham, Lot,</HI> and others. It is &s;o nece&s;&s;arie that no common wealth can &s;tand without it; <HI>Menander</HI> doeth call the <HI>land-iu&s;t,</HI> becau&s;e in yeelding fruit it doeth the dutie of a good ground and therefore we were vniu&s;t if we &s;houlde not reape it.</P>
<P N="2">2. <HI>Foenus &s;pirituale,</HI> whereof be two &s;ortes,
<LIST>
<ITEM>1. <HI>Giving of Almes.</HI></ITEM>
<ITEM>2. <HI>Imploying of Gods gifts.</HI></ITEM>
</LIST></P>
<P><HI>Giving of Almes,</HI> is generally commended in the Scriptures, and he that giveth is as it were <HI>foenerator Domini</HI> and &s;hall be well rewarded: for <HI>Salomon</HI> &s;aith, he that giveth to the poore &s;hall not lacke.</P>
<P>The imploying of the giftes and graces of God doeth yeeld in the ende a &s;pirituall increa&s;e, and that is meant by the Talent in Matthew.</P>
<P N="3">3. <HI>Foenus politicum,</HI> wherof there be al&s;o two &s;orts,
<LIST>
<ITEM><HI>Foenus actuale.</HI></ITEM>
<ITEM><HI>Foenus mentale.</HI></ITEM>
</LIST></P>
<P><HI>Foenus actuale,</HI> is committed when one doth any act for gaine or increa&s;e, wherof there be two kinds
<LIST>
<ITEM><HI>Foenus liberale.</HI></ITEM>
<ITEM><HI>Foenus ex pacto.</HI></ITEM>
</LIST></P>
<PB N="3" REF="4">
<P><HI>Foenus liberale,</HI> is, when he that borroweth, de&s;ireth to make &s;ome recompence, the &s;ame which is received above the princi|pall is <HI>V&s;urie,</HI> and is not to be condemned in two re&s;pectes. 1. becau&s;e it is a duty of thankfulne&s;&s;e to make amends for a bene|fit received. <HI>Tully</HI> could &s;ay, <HI>Ingratus e&s;t qui gratia~ bene merenti no~ reponit:</HI> the Scriptures in many places condemne vnthankful|ne&s;&s;e. 2. becau&s;e it proceedeth of the givers free-will: <HI>&amp; vo|lenti non fit iniuria,</HI> &s;aith <HI>Tho. Aquinas:</HI> for what is more free then gift.</P>
<P><HI>Foenus ex pacto,</HI> whereof there be two &s;orts
<LIST>
<ITEM><HI>v&s;ura explicata.</HI></ITEM>
<ITEM><HI>v&s;ura palliata.</HI></ITEM>
</LIST></P>
<P><HI>V&s;ura explicata,</HI> is &s;uch as it is indeede as when one doeth covenant to take 10. in the hundreth for a yere.</P>
<P><HI>V&s;ura palliata,</HI> is a clo&s;e and cloked <HI>v&s;urie,</HI> as when one len|deth money and &s;hroudeth it vnder &s;ome other bargaine.</P>
<P><HI>Foenus mentale</HI> is when one lendeth and doth not compact but hopeth for increa&s;e or gaine. Sole hope maketh a man an <HI>v&s;urer</HI> &s;aith one of the Canoni&s;tes; he that lendeth (&s;aith <HI>Ca|mi&s;ius</HI>) vnder the hope of gaine is an <HI>V&s;urer: S. Augustine</HI> vpon one of the P&s;almes &s;aith, <HI>If thou doe&s;t but expect to reciue more then thy owne thou art an V&s;urer.</HI></P>
<DIV2 TYPE="part">
<HEAD>VVhat &V;&s;urie is.</HEAD>
<P>THe civill Lawes in the <HI>Code de V&s;uris</HI> doe call that <HI>V&s;ury</HI> which is received above the principall.</P>
<P><HI>Aretius</HI> &s;aith, what&s;oever is taken above the principall is <HI>V&s;urie.</HI></P>
<P><HI>Rodulphus</HI> &s;aieth what&s;oever in lending is taken above the
<PB N="4" REF="5">principall is <HI>v&s;urie.</HI></P>
<P><HI>D. Kimhus</HI> writing vpon the 18. of Ezek. doth &s;ay that <HI>v&s;ury</HI> is expre&s;&s;ed by this addition of the prophet, <HI>and receive no in|crea&s;e.</HI> This definition may &s;tand &s;o farre forth as it doth not condemne <HI>foenus liberale</HI> or <HI>gratuitum.</HI></P>
<P>In the Decrees <HI>cap. v&s;ur.</HI> 14 <HI>cau&s;. &amp;</HI> 3. <HI>quae&s;t.</HI> that is <HI>V&s;urie</HI> when more is required then was delivered or given.</P>
<P><HI>Melancthon</HI> &s;aith, <HI>v&s;urie</HI> is a gaine demaunded aboue the principall only for the plea&s;ure or benefit &s;hewed in lending.</P>
<P><HI>Con&s;ilium Agathen&s;e</HI> &s;ay, when there is more required then is lent, that is <HI>v&s;urie.</HI></P>
<P>This definition differ from the former, here gaine is required, there but offered or taken. And this definition doth cut off <HI>In|terest,</HI> which <HI>Melancthon</HI> &s;aith is a debt one owe to another by the law of nature, &amp; it is due by the opinion of <HI>Hemingeus</HI> two manner of waies: 1. <HI>ex damno habito,</HI> 2. <HI>ex lucro ce&s;&s;ante.</HI></P>
<P><HI>Ex damno habito,</HI> as when I borrow money for another and enter my bond for it, and take the like of him that receiue the mony. I may lawfully recover that I loo&s;e by the meanes of that mony. <HI>Bi&s;hop Iuel</HI> is of this mind al&s;o.</P>
<P><HI>Ex lucro ce&s;&s;ante,</HI> as if a &s;hop-keeper lend mony freely to his neighbour till &s;uch a day, having then occa&s;ion to v&s;e it at &s;ome faire to lay it out in wares, if he breake touch the &s;hop keeper may lawfully take &s;o much as he &s;u&s;tained lo&s;&s;e for want of his money to lay out.</P>
<P><HI>Brentius</HI> &s;aith, when men require a gaine of the office of len|ding it is <HI>V&s;urie.</HI> This definition is imperfect: for <HI>Hemingeus</HI> gives an in&s;tance, If I lend a marchant 100. pound vnder the&s;e conditions; if he gaine, I will have the moiety of the gaines: if he loo&s;e, if it be not <HI>ex culpa larga,</HI> I am content to beare halfe the lo&s;&s;e: here is gaine required of office but this contract is not offen&s;ive.</P>
<PB N="5" REF="5">
<P>The Divines of <HI>Wittenberge</HI> &s;ay, when a man require but an halfe penny or a droppe of water for the money he lendeth it is <HI>v&s;urie.</HI></P>
<P><HI>S. Ambro&s;e</HI> &s;aith, that a di&s;h of meate, a garment, or what&s;oe|ver commeth aboue the principall is <HI>v&s;urie.</HI></P>
<P>From the opinions and iudgements of mo&s;t writers <HI>Actuall v&s;urie</HI> is thus defined.</P>
<P><HI>It is a lending for gaine by compact.</HI></P>
<P>So that there doth concurre nece&s;&s;arily 3. things in this kinde of de&s;cribed <HI>v&s;urie.</HI></P>
<P>There mu&s;t be
<LIST>
<ITEM><HI>a lending.</HI></ITEM>
<ITEM><HI>a lending for gaine.</HI></ITEM>
<ITEM><HI>a compacting for gaine.</HI></ITEM>
</LIST></P>
<P>That the truth of this may pregnantly appeare, every &s;everall point mu&s;t of nece&s;sitie be prooved.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>1.</HI> &V;&s;urie is a lending.</HEAD>
<P>THat <HI>V&s;urie</HI> is in lending it appeareth in the 22. of Exod. <HI>If thou lend mony to my people, &amp;c.</HI> and in Deut. 23. <HI>vnto a &s;tranger thou mai&s;t lend vpon v&s;urie. Bullinger</HI> intrea|ting of this argument &s;aith, that <HI>v&s;urie</HI> is committed only in len+ding. <HI>Brentius</HI> vpon Lev. 25. &s;aith as much. <HI>D. Wil&s;on</HI> &s;aith, there can be no <HI>V&s;ury</HI> where there is no Lending. I had thought to haue alledged that &s;aying in the 6. of Luke, <HI>Lend looking for no|thing againe:</HI> but that <HI>M. Bucer</HI> and <HI>M. Calvin</HI> &s;ay it is not meant of <HI>v&s;urie</HI> at all.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>What Lending is.</HEAD>
<P><HI>HEmingeus</HI> in his treati&s;e vpon <HI>v&s;ury</HI> defineth lending thus. <HI>Mutatio e&s;t contractus, &amp;c. Lending</HI> is a contract which transfer the right &amp; dominio~ of a thing to another without <HI>in|terpo&s;ito praetio,</HI> but with promi&s;e to have the &s;ame thing delive|red
<PB N="6" REF="6">in <HI>&s;pecie.</HI> As if I end a ma~ 100. pound for a yere, I do not on|ly yeeld the u&s;e but the propertie of it, only to haue that I lend in the &s;ame kind without gaine, or if I lend oyle or wine or any thing &s;ubiect to lending (which be &s;uch things as con&s;i&s;t in <HI>Waight, Nomber,</HI> and <HI>Mea&s;ure</HI>) I mu&s;t ob&s;erve the like cour&s;e; yet <HI>He&s;iodus</HI> &s;peaking hereof willeth the borrower to deliver iu&s;t mea&s;ure <HI>&amp; amplius &s;iquidem po&s;sis</HI> that he may finde his neighbour ready to plea&s;ure him againe <HI>&s;i alias indigeas,</HI> or as <HI>Heming.</HI> &s;aith, <HI>pertinebit ad gratitudinem.</HI> The Latines make a difference betweene <HI>Mutatio</HI> and <HI>Accommodatio,</HI> when any doth <HI>mutuum dare</HI> he lookes but for his owne in <HI>eadem specie,</HI> but when he doth <HI>Accommodare</HI> he lookes to receive it in <HI>indi|viduo,</HI> as if he lends his hor&s;e to haue the &s;ame againe and not an other, or if he lets his hou&s;e, to haue the &s;ame, and none other.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>2.</HI> &V;&s;urie is a lending for gaine.</HEAD>
<P>THat <HI>v&s;ury</HI> is a lending for <HI>Gaine</HI> it appeareth by the pro|phets repetition: <HI>Thou hast taken v&s;urie &amp; the increa&s;e,</HI> Ezek. 22.12. this worde <HI>increa&s;e,</HI> is as much as gaine? as when a man lendeth 10. pound &amp; take 11. pound: or 20 combs barley and take 22. for a yere, he hath not <HI>incrementum ex v&s;u. S. Ambro&s;e</HI> commends him to be a good man that doth lend and take no increa&s;e. <HI>Nehemiah</HI> did lend corne, and mony to his brethren without looking for gaine.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>What it is to lend for gaine.</HEAD>
<P><HI>GAbriel Biel</HI> &s;aith, that gaine is the increa&s;e of mony, or the value of any thing that may be prized and mea&s;ured for
<PB N="7" REF="6">money. Who&s;oeuer lendeth his money, corne, wine, oyle, and receiue any thing for the v&s;e of it, is an <HI>V&s;urer.</HI> S. <HI>Ambro&s;e</HI> and <HI>Hierome</HI> &s;ay there are many that will not take money, but cer|taine other gifts, this is <HI>V&s;urie:</HI> what&s;oeuer it be they receiue more then they lend, it is <HI>V&s;urie, Mu&s;c.</HI> 579. Mo&s;t writers con|demne him which take money or monies worth for lending. <HI>Hemingeus</HI> giueth &s;ome in&s;tances; one man borrowes a hun|dreth pounds and offereth v&s;e for it, the lender refu&s;e to take it, but tels him if he will be&s;tow a gowne-cloth of his wife, or the pa&s;turing of a hor&s;e, or &s;ome of <HI>S. Austens</HI> workes, or &s;uch like, he will let him haue his money, this is <HI>V&s;urie</HI> though it be cloaked.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>3.</HI> V&s;urie is a lending for gaine by Compact.</HEAD>
<P>THat there is a compacting for <HI>Gayne,</HI> it appeareth Exod. 22. the Lord &s;aith, <HI>Non impone v&s;uram, &amp;c.</HI> thou &s;halt not impo&s;e <HI>v&s;urie</HI> vpon thy brother, by which appeare to be a kinde of compact. <HI>M. Beza</HI> tearmes him to be <HI>foenera|tor pacti,</HI> which take or exact any thing by lending, hereof the Statute made in anno 11. Henr. 7. chap. 8. did forbid <HI>v&s;urie</HI> of contract or couenant.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>VVhat it is to Compact.</HEAD>
<P>THe <HI>Civilians</HI> tearme that a <HI>Compact,</HI> when as two men or
<PB N="8" REF="7">moe, doe conferre and con&s;ent together of a matter.</P>
<P>The Lawyers &s;ay there are two kinde of <HI>Compacts:</HI>
<LIST>
<ITEM><HI>Pactum tacitum.</HI></ITEM>
<ITEM><HI>Pactu~ expre&s;&s;um.</HI></ITEM>
</LIST></P>
<P><HI>Pactum tacitum</HI> is this, when as con&s;ent or agreement is in|tended; an in&s;tance hereof appeares in Numb. 30. as when the parents of two children doe debate of a mariage betweene their children, the children &s;tand by and heare all, but &s;ay nothing, by &s;ilence in the children <HI>intenditur con&s;en&s;us.</HI> Silence is many times to be taken as an an&s;wer betweene the <HI>V&s;urer</HI> and the bo|rower: as for example, if a man comes to an <HI>V&s;urer</HI> to borrowe money, and tels him he will allow him after ten in the 100. al|though the <HI>v&s;urer</HI> &s;aith nothing, this is a kinde of compact: or if one comes to borrowe money, and the <HI>v&s;urer</HI> &s;aith he will take after ten in the 100, albeit the borrower &s;aith nothing, but takes the money, it is a kinde of <HI>Compact:</HI> and it is &s;o v&s;uall, that M. <HI>Bucer</HI> &s;aith, he is counted an impudent man that doth not offer <HI>v&s;urie.</HI></P>
<P><HI>Pactum expre&s;&s;um</HI> is either
<LIST>
<ITEM><HI>Nudum.</HI></ITEM>
<ITEM><HI>Ve&s;titum.</HI></ITEM>
</LIST></P>
<P><HI>Nudum,</HI> the bare compact is, when one comes to borrowe money, the <HI>v&s;urer</HI> asketh him if he will giue v&s;e for it, the bor|rower &s;aith he will, this is &s;o called, becau&s;e the <HI>v&s;urer</HI> depends vpon the borrower what he will giue.</P>
<P><HI>Ve&s;titum,</HI> the certen or &s;hrou|ded compact, is either in
<LIST>
<ITEM><HI>Verbis.</HI></ITEM>
<ITEM><HI>Scriptis.</HI></ITEM>
</LIST></P>
<P>In <HI>verbis,</HI> when the borrower pa&s;&s;eth his promi&s;e for the payment of v&s;e.</P>
<PB N="9" REF="7">
<P>In <HI>&s;criptis,</HI> when the <HI>v&s;urer</HI> takes &s;pecialty for the v&s;e of his money.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>How farre V&s;urie extendeth.</HEAD>
<P><HI>VSurie</HI> is not onely cloked, but al&s;o committed as well in many other things as in money, and therefore the Lorde doth not onely condemne <HI>v&s;urie</HI> of money, but al&s;o <HI>v&s;u|rie</HI> of meate, <HI>v&s;urie</HI> of any thing is put to <HI>v&s;urie, Deut.</HI> 23.19.</P>
<P><HI>S. Hierome</HI> &s;aith, &s;ome &s;uppo&s;e there is no <HI>v&s;urie</HI> but in mo|ney. This did the holy Scriptures fore&s;ee, which take away in|crea&s;e in all other things. <HI>M. Bullinger</HI> &s;aith, that <HI>v&s;urie</HI> is com|mitted in the v&s;e of cattell, hou&s;e and ground.</P>
<P><HI>Hemingeus</HI> &s;aith, that <HI>v&s;urie</HI> is committed in lending of all things, and doth hide it &s;elfe vnder diuers kind of contracts, as buying, &s;elling, lending, letting, exchanging, giuing to paune, &amp;c.</P>
<P>By the opinion of the <HI>Schoolemen, v&s;urie</HI> is taken &s;o largely that it comprehendeth buying and &s;elling.</P>
<P><HI>M. Calvin</HI> &s;aith, <HI>Multi contractus ab hominibus vafris excogitati &s;unt, quibus inopes expilarent, &s;ine ignominia vel dedecore, atque hodie nulla crudelior e&s;tir apacitas qu&agrave;m vbi ab &s;|que mentione foenoris vectigal debitoribns imponitur. Calvin. in Harmo.</HI></P>
<P>So that this generally toucheth Merchants, Shop-keepers, Corne-mongers, and all others that haue any trading and traf|fique in the common-weale. Yet we mu&s;t take heede that we doe not condemne all profitable and lawfull contracts, as <HI>He|mingeus</HI> &s;aith, <HI>praetextu v&s;urae propter &s;imilitudinem:</HI> for that in no wi&s;e is iu&s;t; no contract is to be condemned <HI>qui charitati proximi non aduer&s;atur.</HI></P>
<P>Sithence <HI>v&s;urie</HI> is committed in &s;o many things, it weare ne|ce&s;&s;arie to knowe &s;ome of the greate&s;t <HI>v&s;uries</HI> that the wor&s;e might haue his appearance.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="10" REF="8">
<HEAD>&V;&V;hich is the greate&s;t &V;&s;urie.</HEAD>
<P>IF our <HI>V&s;urie</HI> in money were all one with that of the <HI>Iewes,</HI> the que&s;tion were &s;oone an&s;wered: for they tooke after 60.70.80. in the 100. It appeares in <HI>Graftons</HI> Chronicle that a|bout the yeere of our Lord 1264. and in the 47. yeere of the raigne of <HI>Henry</HI> the 3. King of England, fiue hundreth <HI>Iewes</HI> were &s;laine by the Citizens of London, becau&s;e one Iewe would haue forced a Chri&s;tian man to pay more then two pence for the <HI>v&s;urie</HI> of twentie &s;hillings the weeke: as for our <HI>v&s;urie</HI> in money after the rate of 10. in the 100. it comes not to an halfe-penny a weeke for twentie &s;hillings: and therefore I take it to be the lea&s;t <HI>v&s;urie</HI> that is v&s;ed this day in the land.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>1.</HI> Wares and Marchandize.</HEAD>
<P>HE that puts forth money dare not exceede the rate of 10. in the 100. but he that vttereth ware doth make his rate to his owne contentment. In money they re&s;t vpon the con&s;cience of the borrower what he will be&s;tow (for our laws allow nothing for v&s;e:) In ware they v&s;e their owne di&s;creti|ons in taking what they can get.</P>
<P>In money there may not be taken after 10. in the hundred, but within the time without trebble lo&s;&s;e in ware they care not
<PB N="11" REF="8">what they gaine, nor howe &s;oone they make &s;ale, &s;o they may take money.</P>
<P>In money, the allowance is &s;eene and knowne to others after 10. in the 100. In wares, the gaynes that are got be &s;ecret and concealed to them &s;elues. One will not let to boa&s;t he hath &s;aued aboue 30. in the 100. when the other dur&s;t not &s;ay he hath ta|ken aboue 10. in the 100. for money.</P>
<P>It is ordinarie with occupyers to proportion the price of their wares according to the time of payment as well as <HI>v&s;u|rers.</HI></P>
<P>Many occupyers will often v&s;e the&s;e &s;hifts whereof they haue no v&s;e in money.</P>
<P>They will mixe their wares if they be ill with better, if good with wor&s;e, and &s;o by chopping both away togither deceiue the buyer.</P>
<P>They will giue bad mea&s;ure, and v&s;e fal&s;e waights, whereof the Prophet <HI>Micah</HI> complaineth, Are yet the trea&s;ures of wic|kednes in the hou&s;e of the wicked and the &s;cant mea&s;ure that is abhominable, &s;hall I iu&s;tifie the wicked ballances and the bagge of deceitfull waights, <HI>Micah</HI> 6.10, 11.</P>
<P>To &s;et a fayre glo&s;&s;e for gayne of their counterfeit ware, they will v&s;e <HI>Lying</HI> and <HI>Swearing,</HI> they are &s;o carried with the &s;a|uour of gayne, that they make no con&s;cience of a lye, but as the Prophet &s;aith, <HI>They haue taught their mouthes to lye. Ier.</HI> 9.5. and that they may be the better beleeued when they lye, they will v&s;e &s;wearing; for cu&s;tome hath made it &s;o common that they thinke periurie no impietie but worldly pollicie, and ther|fore it is true the &s;ame Prophet &s;aith, <HI>As a cage is full of birds, &s;o are there hou&s;es full of deceit, thereby they are become great and waxen rich,</HI> Ier. 5.27.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="12" REF="9">
<HEAD><HI>2.</HI> Corne or Grayne.</HEAD>
<P>HE that puts out an 100. pound for a yeere, may not take aboue 10. pound for the lone, albeit the borrower may peraduenture gayne aboue 30. or 40. pound with the money, but he that laieth out 100. pound in <HI>Corne</HI> doth &s;ome|time gaine aboue 50. yea &s;ometime 100. in the 100. for not long &s;ince the price of Corne &s;o increa&s;ed, that nece&s;sitie willed many rather to pay the penaltie of their bonds, then to make deliuerie of their bargains; hereupon &s;ome vnrea&s;onable Corn-mongers, Mal&s;tars, and &s;uch like were grieued becau&s;e they tooke no bils, as di&s;content of double gaines by their bonds.</P>
<P>It is a common practi&s;e in this countrey, if a poore man come to borrow money of a Mal&s;ter, he wil not lend any, but tels him if he will &s;ell &s;ome barley he will giue him after the order of fore-hand buyers, the man beeing driuen to di&s;tre&s;&s;e, &s;els his corne farre vnder foote, that when it comes to be deliuered he loo&s;eth halfe in halfe, oftentimes double the value.</P>
<P>I haue heard many of the&s;e fore-hand &s;ellers &s;ay, that they had rather allowe after 20. pound in the 100. for money, then to &s;ell the&s;e fore-hand bargaines of corne.</P>
<P>The&s;e are mo&s;t extreame <HI>V&s;uries,</HI> and they haue no colour to excu&s;e it, but a rea&s;on of <HI>Gabriell Byel:</HI> for that the price of Corne is ca&s;uall in ri&s;ing and falling: this is &s;oone an&s;wered, how&s;oeuer it may &s;eeme ca&s;uall at the buying, the commoditie being deliuered, it is certen at the receipt, and therefore this can be no excu&s;e to warrant exce&s;siue gayne.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="13" REF="9">
<HEAD>Mal&s;ters and Cornemongers may v&s;e more deceit then Mony-ma&s;ters.</HEAD>
<P>IF money be not put forth there come no increa&s;e by keeping of it, that appeares in the idle &s;eruant by the Talent, but they cannot be content to make pre&s;ent &s;ale of their corne for a rea&s;onable price, but many doe hoard and keepe their corne of purpo&s;e to inhaunce the price, and &s;o oppre&s;&s;e the poore, as the Prophet (&s;peaking in their per&s;on) &s;aith, <HI>That we may buy the poore for &s;iluer, and the needie for &s;hoes,</HI> Amos 8.8. and by kee|ping of it they doe not onely rai&s;e the price, but impaire the corne, making it vn&s;auorie at the &s;ale: therefore in the &s;ame place it followes, <HI>Yea and &s;ell the refu&s;e of wheate.</HI></P>
<P>In money they cannot be deceiued of their iu&s;t &s;ome, if they haue their &s;ight, but in Corne they will abridge the mea&s;ure many waies by deceit, when one lea&s;t &s;u&s;pects, or can be&s;t &s;ee, which the Prophet well perceiued: for he &s;aith that <HI>they make the Ephah &s;mall, and the &s;hekell great, and fal&s;ifie the waights by deceit,</HI> Amos 8.5.</P>
<P>In money they may not exceede the rate of 10. in the 100. In corne they gaine by buying, and by giuing day in the &s;ale to o|thers they will gayne by the time.</P>
<P><HI>Aristotle</HI> &s;aith well, <HI>foenus est qua&s;i foetus:</HI> for I take this to be one of the mo&s;t extreame <HI>V&s;uries</HI> in the land. Therefore M. <HI>Calvin</HI> &s;aith, <HI>V&s;ura nihilo deterior erit quam emptio. in</HI> 8. <HI>praec.</HI> 375.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="14" REF="10">
<HEAD><HI>3.</HI> Lands and Tenements.</HEAD>
<P>THere are &s;ome that hire hou&s;e and lande after 20. pound the yeare, and are good gayners by it, and yet they let the &s;ame to others and make after 60. pound the yeare, this ca&s;e is too common.</P>
<P>I haue knowne others that haue laid out &s;ome 800. pound in purcha&s;e, and in le&s;&s;e &s;pace then a yeere haue &s;old the &s;ame again for 1100. to another and readie payment.</P>
<P>I note the&s;e but by the way, but indeede if we would knowe the rea&s;on why Corne, Cattell, and &s;uch other commodities are &s;o deare at this day, more then in other times before pa&s;&s;ed, we &s;hall finde this to be the cau&s;e; the racking and vnrea&s;onable rents of hou&s;e and lande: for it is nowe come to this pa&s;&s;e, that Farmars can not afford their commodities at indifferent prizes, for if they &s;hould, their extreame rents would inforce them to runne away.</P>
<P>The Rents of hou&s;e and land are almo&s;t come to the rates of money, which is very vnrea&s;onable if but in this re&s;pect, becau&s;e Landes are immooueable and certen, but money is &s;ubiect to many ca&s;ualties and aduentures, as &s;hall appeare vpon the hand|ling hereafter of the <HI>Statute</HI> 13. <HI>Elizabeth.</HI></P>
<P>To &s;peake generally of all kinds of <HI>v&s;urie</HI> were too tedious, but the&s;e may giue a light to the re&s;t, notwith&s;tanding this is to be noted as an vniuer&s;all ob&s;eruation, that he which hath but 100. pound, and puts it forth, &s;hall hardly maintaine his family with the lone of 10. pound, &amp; yet many an one maintaineth him
<PB N="15" REF="10">&s;elfe and his charge with le&s;&s;e then 40. pound by imploying the &s;ame in trading and traffique in other things.</P>
<P>If the Lord will not permit any V&s;ury in money, much le&s;&s;e will he &s;uffer others in their &s;everall callings to exact vn|re&s;onable gaine: for he doth not onely forbid one but the o|ther. Deut. 23.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>How and in what &s;ort &V;&s;urie is condem|ned <HI>by the word of God.</HI></HEAD>
<P>THere be many places of proofe for this purpo&s;e, &s;ome whereof follow.
<LIST>
<ITEM>Exodus. 22.</ITEM>
<ITEM>Levitic. 25.</ITEM>
<ITEM>Deuter. 23.</ITEM>
</LIST> and
<LIST>
<ITEM>P&s;alm. 15.</ITEM>
<ITEM>Prov. 28.</ITEM>
<ITEM>Ezek. 18. &amp; 22.</ITEM>
</LIST> Some adde the&s;e
<LIST>
<ITEM>P&s;al. 55.</ITEM>
<ITEM>P&s;al. 72</ITEM>
</LIST></P>
<P>The whole Law is divided into three parts
<LIST>
<ITEM><HI>Morall.</HI></ITEM>
<ITEM><HI>Iudiciall.</HI></ITEM>
<ITEM><HI>Ceremoniall.</HI></ITEM>
</LIST></P>
<P>It is much di&s;putable among writers which of the&s;e three &s;hould apprehend <HI>V&s;urie;</HI> it were in vaine here to expre&s;&s;e their variable opinions: but I will briefly deliver the iudgeme~ts of the learneder &s;ort.</P>
<P>The matter of <HI>v&s;urie</HI> is Politicall or Iudiciall.</P>
<P>So &s;ay
<LIST>
<ITEM><HI>M. Calvin in</HI>
<LIST>
<ITEM><HI>Octav. praeceptum.</HI> 375.</ITEM>
<ITEM><HI>Harmon. in Exod. Levit. &amp;c.</HI></ITEM>
</LIST></ITEM>
<ITEM><HI>Philip. Melancthon in Epitom. Philo&s;ophiae moralis.</HI></ITEM>
<ITEM><HI>Danaeus Aethic. &s;uper praecep. octav.</HI> and many others.</ITEM>
</LIST></P>
<PB N="16" REF="11">
<P>That we are not tyed to the Iewes <HI>Policies</HI> or <HI>Iudicial</HI> lawes,</P>
<P>Appeares by
<LIST>
<ITEM><HI>M Calvin. in Institut. lib.</HI> 4. <HI>cap.</HI> 20. <HI>&s;ect.</HI> 15.16.</ITEM>
<ITEM><HI>D. Pet. Martyr. &s;up.</HI> 1. <HI>lib. Samu. cap.</HI> 25. <HI>&s;ect.</HI> 42.</ITEM>
<ITEM><HI>M. Beza. in decima Epi&s;tola,</HI> and many others.</ITEM>
</LIST></P>
<P>So that from hence is to be ob&s;erved, that the approbation, di&s;probation, tolleration, and moderation of <HI>V&s;urie,</HI> depend vpon the Magi&s;trate. Hereof &s;aieth <HI>M. Calvin,</HI> The <HI>V&s;urer</HI> mu&s;t take heede that he exceede not that rate of the Countrey where he liveth. <HI>Bullinger</HI> &s;aith, The Magi&s;trate mu&s;t keepe the <HI>V&s;urer</HI> in with good lawes. <HI>Labother</HI> is of that opinion. <HI>Zwinglius de dupl. Iu&s;tic.</HI> &s;aith, I thinke of <HI>V&s;urie</HI> thus, when the lawes of a Magi&s;trate doe permit it, it may be v&s;ed, but if the Magi&s;trate forbid it, it mu&s;t of all &s;ortes be obeyed. <HI>Heminge|us</HI> is of that mind.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Lawes made aginst &V;&s;urie.</HEAD>
<P>THe Emperour <HI>Leo</HI> did make a Law again&s;t <HI>v&s;urie</HI> that what&s;oever any man did take, &s;houlde be received into the principall. <HI>Hermenopol. lib.</HI> 3. <HI>tit.</HI> 7.</P>
<P>Pope <HI>Martin</HI> in the coun&s;ell he called did forbid <HI>V&s;ury,</HI> and <HI>cente&s;imam v&s;uram,</HI> and that gaine which was got by any fil|thy trade. <HI>Ex concil. Ma. Papa.</HI></P>
<P>Pope <HI>Leo</HI> did likewi&s;e forbid the &s;ame as &s;orry any Chri&s;ti|an man &s;hould be an <HI>v&s;urer.</HI></P>
<PB N="17" REF="11">
<P>In the <HI>Synod</HI> of <HI>Nicen,</HI> wherein were a&s;&s;embled three hun|dred and eighteene fathers, in a Canon they made did con|demne all <HI>v&s;urie.</HI> in Decret. 47.</P>
<P>There were many decrees to forbid <HI>v&s;urie</HI> in the Clargie.</P>
<P>If he did put out money to <HI>v&s;urie</HI> he &s;hould be none of the Clargie. 33. <HI>d. Martis d.</HI> 46. <HI>&s;editio.</HI></P>
<P>If he tooke 12. in the 100. more or le&s;&s;e he &s;hould be degra|ded and made irreguler. <HI>Concil. Nicen.</HI> 18.</P>
<P>There were Canons made for the Laiety, being an <HI>v&s;urer</HI> he was
<LIST>
<ITEM>&s;u&s;pended from the Communion.</ITEM>
<ITEM>exco~municated out of the church.</ITEM>
<ITEM>not capable to make a will of his goods.</ITEM>
<ITEM>not to be admitted to Chri&s;tian buriall.</ITEM>
</LIST></P>
<P>Yea, the Canon Lawe &s;aith, No man need to care what be|come of an <HI>v&s;urer.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Lawes made to moderate &V;&s;urie.</HEAD>
<P><HI>SOlon</HI> made a law among the <HI>Athenians</HI> and he did allowe <HI>de centum aureis &s;ingulis men&s;ibus aureus vnus. Heming.</HI></P>
<P>The Romane Emperour <HI>Iu&s;tinius</HI> ordeined a law in his time for the tollerating of 4.6.8.12. in the 100. according to the degrees of men. <HI>Heming.</HI></P>
<P><HI>Tully</HI> maketh mention in his time of another Lawe, how at the fir&s;t there was graunted 1. in the 100. afterward 4. in the 100.</P>
<P>The Civill lawes in the <HI>Code de v&s;uris</HI> doe permit the hun|dred and halfe hundred part.</P>
<P>By the law of <HI>Pandect</HI> and <HI>Constantine, V&s;ury</HI> is tollerated in &s;ome &s;ort.</P>
</DIV2>
<DIV2 TYPE="statutes and laws">
<PB N="18" REF="12">
<HEAD>Statutes and Lawes made by Kings and <HI>Governours within this land concerning</HI> V&s;urie.</HEAD>
<P>IN and before the Raine of King <HI>Henry</HI> 3. the Lawes for V&s;ury did con&s;i&s;t in the holy Canons of the Church and were puni&s;hable by them. I read of <HI>Iu&s;tinius</HI> the Emperour how in his Con&s;titution he did ordaine that the holy Canons of the Church &s;hould haue power and authoritie again&s;t the Lawes of V&s;ury.</P>
<P>The&s;e Lawes being &s;o &s;traight and generall, the &s;aide King <HI>Henry</HI> in the 20. yeere of his raigne cap. 5. did make this <HI>pro|vi&s;o</HI> for the benefit of Orphans only.</P>
<P><HI>IT is provided and granted by the King that from henceforth v&s;uries &s;hall not turne again&s;t any being within age from the time of the death of his Aunce&s;tour (who&s;e heire he is) vnto his lawfull age. So neverthele&s;&s;e that the payment of the princi|pall debt with the v&s;urie that was before the death of his aunce|stour (who&s;e heire he is) &s;hall not remaine.</HI></P>
<P><HI>Mu&s;culus</HI> &s;aith, that our predece&s;&s;ours v&s;ed the order of pu|pils and orphans before the pe&s;tilent plague of V&s;urie had pro|phaned and defiled the Church, and were contented to permit that in them, and in none el&s;e.</P>
<P>It appeareth by this braunch that all V&s;ury is condemned &s;ave in orphans.</P>
</DIV2>
<DIV2 TYPE="law">
<PB N="19" REF="12">
<HEAD>14. <HI>Edward.</HI> 3. <HI>Chap.</HI> 5.</HEAD>
<P><HI>KIng Edward made this Lawe.</HI> The King and his heires &s;hall have the Conu&s;ance of V&s;urers dead, and the ordi|naries of holy Church &s;hall have the Conu&s;ance of v&s;urers on liefe as to them appertaineth to make compul&s;ion by the Cen|&s;ures of the holy Church for the &s;inne to make re&s;titution of the v&s;uries taken against the lawes of holy Church.</P>
<P><HI>This is the fir&s;t law at large that I can finde for</HI> V&s;urie <HI>in the Statutes &s;ince</HI> Magnacarta, <HI>wherein all</HI> v&s;ury <HI>is generally con|demned.</HI></P>
</DIV2>
<DIV2 TYPE="law">
<HEAD>3. <HI>Henry.</HI> 7. <HI>Chap.</HI> 5.6.</HEAD>
<P>THis King made a &s;trict law, e&s;pecially for the&s;e damnable bargaines of <HI>v&s;ury</HI> coloured by the name of new <HI>cheni|&s;ance,</HI> &s;uch as dealt corruptly in it were to pay an hun|dred pound. Al&s;o if any man did lend 100. pound and tooke 120. more or le&s;&s;e in money or marchandi&s;e &amp;c. was to loo&s;e his principall. Here hee condemned all <HI>v&s;urie,</HI> but in the 11. yeere of his raigne chap. 8. he repealed the former act and ina|cted an other to this effect.</P>
<P><HI>All maner of per&s;on or per&s;ons lending monie to and for a time, taking for the &s;ame lone, any thing more be&s;ides or above the money lent by vvay of contract or covenant at the time of
<PB N="20" REF="13">the &s;ame lone</HI> (&s;aving lawfull penalties for default of paiment) was to forfeit the moiety or one halfe of the principall there be other branches therein concerning corruption by way of che|ni&s;ance, &amp;c.</P>
<P>I ob&s;erve from this how no <HI>v&s;urie</HI> is condemned but that which is impo&s;ed vpon the borrower <HI>by way of contract or covenant</HI> at the time of the lending, if there were no contra|cting for gaine there was no breach of the Lawe, &s;o that the borrower was not barred by this, but that he might gratifie the lender at his owne election.</P>
</DIV2>
<DIV2 TYPE="law">
<HEAD>37. <HI>Henry.</HI> 8. <HI>Chap.</HI> 9.</HEAD>
<P>KIng <HI>Henry</HI> repealed all the Lawes and &s;tatutes made con|cerning <HI>v&s;urie</HI> before, and doeth enact, that if any man take above 10. in the 100. for a yere or more or le&s;&s;e mo|ney after that rate, he &s;hould loo&s;e treble the value of the &s;umme lent, it is &s;o likewi&s;e in cheni&s;ance and wares, divers other clau&s;es and branches be therein.</P>
<P>This Statute is intituled an act again&s;t <HI>v&s;urie,</HI> it doth not per|&s;wade any to take <HI>V&s;ury,</HI> but re&s;traine him to certaine orders, the husbandman &s;uffereth many weedes to grow in his ground he likes not, &s;o this law doth tolerate that it allowes not, it remits men of puni&s;hment that take but 10. in the 100. but it doeth not warrant them to take any at all. Therefore <HI>M. Beza</HI> well noted, that the civill lawes of Princes by rea&s;on of the impiety of the people are often times tollerated when they cannot be taken away.</P>
</DIV2>
<DIV2 TYPE="law">
<PB N="21" REF="13">
<HEAD>5. &amp; 6. <HI>Edward.</HI> 6.</HEAD>
<P>KIng <HI>Edvvard</HI> repealed the former act of King <HI>Henry</HI> 8. and forbiddeth generally all <HI>v&s;urie.</HI> He that tooke any &s;hould not onely loo&s;e the principall with the v&s;e, but al&s;o be puni&s;hed with impri&s;onment and make fine and ran&s;ome at the Kings plea&s;ure.</P>
<P>The common &s;aying is, &s;ome will take an ell where is given an inch: that liberty which that man of famous memory, King <HI>Henry</HI> 8. gave was abu&s;ed, therefore his &s;onne to avoid an in|convenience did cut off the occa&s;ion: but as water being pent doth &s;trive more vpward, &s;o the <HI>v&s;urer</HI> being re&s;trained he waxed wor&s;e, and therefore this Statute of King <HI>Edvvard</HI> continued not long.</P>
<P>Of all the&s;e Statutes before mentioned none remaine in force, but &s;ome of the braunches of the Statute of K. <HI>Henry</HI> 8. now I think it very nece&s;&s;ary to handle more copiou&s;ly &s;ome of tho&s;e particular and &s;peciall clau&s;es which be included in the la&s;t act again&s;t <HI>v&s;urie</HI> as a matter very expedient to be publi&s;h|ed, that many which knowe not how farre it extende may thereby avoid many extremities.</P>
</DIV2>
<DIV2 TYPE="law">
<HEAD><HI>13.</HI> Elizabeth Reg. Chap. <HI>8.</HI></HEAD>
<P>OVr gratious Queene <HI>Elizabeth</HI> repealed the former act of her brother <HI>K. Edw.</HI> 6. and doth revive the Statute of
<PB N="22" REF="14">K. <HI>Henry</HI> 8. in this &s;ort, that (whereas it is the honour of En|gli&s;h lawes to be favourable) the acte of <HI>K. Henry</HI> &s;hould be mo&s;t largely and &s;trongly con&s;trued to the repre&s;sing of <HI>v&s;ury</HI> and puni&s;hing offenders therein.</P>
<P>In the re&s;t of that Statute which is now in mo&s;t force there be 4. clau&s;es or braunches mo&s;t &s;pecially and nece&s;&s;arily to be noted and explaned.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>1.</HI> Braunch.</HEAD>
<HEAD TYPE="sub">All bondes and contractes &amp;c. for money or other things whereupon &s;hall be re&s;erved or taken above <HI>10.</HI> in the <HI>100,</HI> &s;hall be void, &amp;c.</HEAD>
<P>This is a dangerous clau&s;e in two re&s;pects, &amp; may happen to a man
<LIST>
<ITEM>1. by his owne fault.</ITEM>
<ITEM>2. by the neglige~ce of others.</ITEM>
</LIST></P>
<P>If a man for gripplene&s;&s;e will re&s;erve more then 10. in the 100. although he never takes it his principall is lo&s;t. And this I deeme his owne fault.</P>
<P>If the writer deceiue a man in the making or dating of a bond, without the lenders privitie, his mony is lo&s;t although he had no &s;uch meaning. And this may happen to many a &s;imple man through the negligence of others.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>2.</HI> Braunch.</HEAD>
<HEAD TYPE="sub">He that takes above <HI>10.</HI> in the <HI>100.</HI> for mony, wares, &amp;c. &s;hall forfeit thri&s;e as much, be&s;ides impri&s;onment, fine, and Eccle&s;ia&s;ticall correction.</HEAD>
<P>There is difference betweene re&s;erving and taking <HI>V&s;urie,</HI> he that re&s;erues it, neede not take it vnle&s;&s;e he will, but if he take it,
<PB N="23" REF="14">he is &s;ure of that he re&s;erued: it is a le&s;&s;er &s;inne to promi&s;e, then performe ill, and a le&s;&s;e hurt to re&s;erue, then to take <HI>V&s;urie:</HI> ther|fore this clau&s;e is more &s;traight then the former. A man may hazard him&s;elfe and his goods herein many waies.</P>
<P N="1">1. If a man takes aboue 10. pound in the 100. directly, he is conuicted by this branch.</P>
<P N="2">2. If a man takes aboue 10. pound in the 100. indirectly, he is in great daunger.</P>
<P>Indirect taking, is many waies to be taken: but I will note 2. e&s;pecially.</P>
<P>The taking of money but a day le&s;&s;e then a yeere, may indan|ger one, &amp;c.</P>
<P>There was one indebted to an <HI>V&s;urer</HI> in a great &s;ome of mo|ney, the borrower dwelling farre off, came a day or two before his day of payment, and (with a friend of his) reque&s;ted the <HI>V&s;u|rer</HI> to take his money, &s;aying that he came farre, and was at charges, and therefore would gladly giue him his whole allow|ance; after many intreaties the <HI>V&s;urer</HI> tooke his money, but the borrower procured him a trebble mi&s;chiefe afterward.</P>
<P>He that takes but 10. pound in the 100. in money, and the bo|rower be&s;tows &s;ome other gift of him, I cannot &s;ee how &s;afely the <HI>V&s;urer</HI> may take it without offence to the Law, if the bor|rower be not the better man. I heard it credibly reported of one that lent 200. pound to two men for a yere; the day being expired, and they vnprouided to pay the money, brought not onely the con&s;ideration, but to per&s;wade the lender to let them haue the money an other yeare, they would needs inforce vpon him as a free gift a gown-cloath which he refu&s;ed, neuerthele&s;&s;e v&s;ing apt per&s;wa&s;ions, that they had gained greatly by the mo|ny, at length by their importunitie, he tooke it, but how he was v&s;ed afterward by the meanes of the&s;e men which gaue the gift, it were too odious to open. It were pitie that the othe of a bor|rower
<PB N="24" REF="15">&s;hould be any way beneficiall to him&s;elfe about the thing he borrowes, there are many will not &s;ticke to be&s;tow an othe if their creditours doe but cro&s;&s;e them, or call for their owne.</P>
<P N="3">3. One mi&s;taken worde of a writer, or fal&s;e othe of a bor|rower, may hazard a man herein.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>3.</HI> Braunch.</HEAD>
<HEAD TYPE="sub">He that takes aboue <HI>10.</HI> in the <HI>100.</HI> for money or wares, &s;hall forfeit &s;o much as &s;hall be re&s;erued by way of v&s;urie, &amp;c.</HEAD>
<P>THis branch is more fauourable then the former for two cau&s;es.</P>
<P N="1">1. Becau&s;e the <HI>V&s;urer</HI> &s;hall be puni&s;hed but with the lo&s;&s;e of that he receiue without perill of the principall.</P>
<P N="2">2. Becau&s;e he &s;hall haue no temporall or eccle&s;ia&s;ticall corre|ction, though he loo&s;e that which he taketh aboue the princi|pall, &s;o it be but, or vnder 10. in the 100.</P>
<P>When K. Henry 8. did tollerate 10. pound in the 100. many abu&s;ed that libertie vnder the colour of the Law, and when K. Edward 6. had vtterly taken away all <HI>v&s;urie,</HI> this inconveni|ence came, fewe or none would lend becau&s;e they might haue no allowance, whereupon her Maie&s;tie to auoyde this euill, made this remi&s;siue clau&s;e.</P>
<PB N="25" REF="15">
<P>This <HI>Braunch</HI> doth allowe no <HI>V&s;urie</HI> at all, but doth leaue it after a &s;ort to the curte&s;ie and con&s;cience of the borrower: for as the Lawe doth conuict no man without proofe, or take knowledge of this offence without information, &s;o it is to be pre&s;umed, that none can &s;o fitly be an approouer as he that find|eth him&s;elfe grieued, which of nece&s;sitie mu&s;t be the borrower becau&s;e he payeth the <HI>v&s;urie.</HI></P>
<P>The borrower hath this libertie by this branch for his owne benefit.</P>
<LIST>
<ITEM>1. If hee promi&s;e <HI>v&s;urie,</HI> he neede not to pay it vnle&s;&s;e he will.</ITEM>
<ITEM>2. If he pay <HI>v&s;urie,</HI> he may recouer it againe if he be grieued.</ITEM>
<ITEM>3. If he be willing to pay <HI>v&s;urie,</HI> he is at his owne choice to complaine.</ITEM>
</LIST>
<P>Mo&s;t of the&s;e common, or rather cunning <HI>V&s;urers,</HI> are come to this pa&s;&s;e, becau&s;e the law alloweth no <HI>v&s;urie,</HI> they will put in no <HI>v&s;e</HI> in their bonds, but leaue it to the courte&s;ie of the bor|rower, if he giueth <HI>v&s;e</HI> they will take it, if none, they will note him another time when he &s;tandes in neede, and for this cau&s;e, becau&s;e they are doubtfull of mens dealings, they will not put forth their money aboue 3. moneths, that the borower can hardly make any profitable returne of it in &s;o &s;hort time.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="26" REF="16">
<HEAD><HI>4.</HI> Braunch.</HEAD>
<HEAD TYPE="sub">This Statute doth not extend nor &s;halbe expounded to extend vnto any allowances or payments for the finding of Orphanes according to the auncient rates or cu&s;tomes of London, &amp;c.</HEAD>
<P>IT is a godly act, that tho&s;e &s;hould be prouided for that cannot prouide for them&s;elues; the Scripture willeth that the <HI>father|le&s;&s;e</HI> &s;hould be prouided for. K. Hen. 3. K. Hen. 8. and our gratious Queene Elizabeth, haue for good cau&s;es graunted and continued this allowance: their allowance is 5. in the 100. which <HI>Hemingeus</HI> prooues to be lawfull, becau&s;e it doth not fall into the contract of <HI>V&s;urie:</HI> his rea&s;on is this, <HI>Nam nec tuto|res de alieno obligantur mutuare, nec qui mutuum accipiunt, v|bi nulla, nec diuina, nec naturalis praece&s;sit obligatio &s;eu debi|tum, iu&s;t&egrave; gratitudinem pro accepto beneficio recu&s;are po&s;|&s;unt.</HI></P>
<P>There is great rea&s;on why allowance may be graunted to <HI>orphanes,</HI> and not to men.</P>
<P>Men haue wit and di&s;cretion to imploy their money in ma|ny things, though they lend not vpon <HI>V&s;urie.</HI> With their mo|ney they may buy hou&s;e and land, and &s;aue by a rea&s;onable rent, or wares, and make a rea&s;onable gaine, or come or cattell, or o|ther commodities, and reape a rea&s;onable commoditie.</P>
<P>The <HI>orphan</HI> as he is yong in yeares, &s;o he is in di&s;cretion, and wants that fore-&s;ight in trading &amp; traffique in the world, which experience of more yeares may bring at mans e&s;tate.</P>
<P>But it may be obiected, that the <HI>orphans</HI> money may be im|ploied
<PB N="27" REF="16">by an other, &s;ome other way then by allowance, &s;o it may be alledged, vnle&s;&s;e the tutor or gouernour be an hone&s;t man, it will neuer be improoued, but he may impaire it vnder colour of many lo&s;&s;es without iu&s;t cau&s;e, and &s;o defeate the pore orphan of his portion, therefore very conuenient is this pro|vi&s;o; for what&s;oeuer gayne is got by the orphans money by others, yet the orphan &s;hall be &s;ure to haue &s;ome allowance to|wards his education during his noneage, and his &s;tocke to be &s;afe at mans e&s;tate for his maintenance.</P>
<P>I haue dilated this whole <HI>Sta|tute</HI> for two cau&s;es:
<LIST>
<ITEM>1. <HI>The knowledge of the ig|norant.</HI></ITEM>
<ITEM>2. <HI>The benefit of the V&s;urer.</HI></ITEM>
</LIST></P>
<P>There be many &s;imple men which hauing no in&s;ight into this <HI>Statute,</HI> are not a&s;hamed to &s;ay that it alloweth 10. in the 100. which indeede is a meere &s;candall and &s;launder: for it infli|cteth a kinde of puni&s;hment, by the lo&s;&s;e of the lea&s;t <HI>V&s;urie</HI> that is taken: therefore &s;uch as be ignorant of this Statute may now know it.</P>
<P>The <HI>V&s;urer</HI> may &s;ee by this Statute, how many aduentures he is &s;ubiect to by lending his money to V&s;urie; although he doth not <HI>quoad eventum</HI> like the husbandman that &s;oweth his &s;eede, or the merchant that cro&s;&s;e the &s;eas, aduenture: yet for all he doth <HI>quoad media</HI> v&s;e all the be&s;t meanes to &s;aue his owne, he may be intercepted, and therefore he may learne to imploy his money otherwi&s;e to his benefit as well as others, and albeit his gaynes be greater many waies therein then after 10. in the 100. it wilbe le&s;&s;e noted, and him&s;elfe better e&s;teemed.</P>
<P>The chiefe ende I aymed at in the di&s;tribution of this Statute is, to draw an argument from the &s;ame to this effect,</P>
<P><HI>Tho&s;e which write and speake most for V&s;urie, &s;ay it depends vpon the po&s;itiue Law of the land.</HI></P>
<PB N="28" REF="17">
<P><HI>But the po&s;itiue Law of our land admits no V&s;urie, but allow|ance for orphans.</HI></P>
<P><HI>Therefore no V&s;urie may be taken of any but allowance for or|phans.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Whether &V;&s;urie may be taken of Rich-men.</HEAD>
<P>MAny are of the opinion that <HI>V&s;urie</HI> may be taken of the Rich without offence to the word of God, by permi&s;|&s;ion of the <HI>Magi&s;trate.</HI></P>
<P><HI>M. Calvin</HI> writing vpon that place in the 22. of Exod. <HI>If thou lend money to my people, that is, to the porre with thee, thou &s;halt not be as an V&s;urer to him,</HI> maketh this expo&s;ition: <HI>Non ni&s;i de pauperibus haberi &s;ermonem, ideo&abque; &s;i cum diuitibus nego|tium &s;it, liberum ius foenerandi permitti:</HI> his rea&s;on is this, <HI>Quia legi&s;lator rem vnam notando, alter am de qua &s;ubticet, vi|detur non damnari,</HI> he &s;aith by all nece&s;&s;arie con&s;equence, the expre&s;&s;e and &s;peciall prohibition of the poore by name, doth giue an intended and intellectual permi&s;sion to others: in&s;omuch as he flatly affirmeth in another place <HI>v&s;uras qua&s;libet ab&s;que exceptione damnare nulla patitur ratio. octa. prae.</HI> 375.</P>
<P><HI>M. Bucer</HI> giues many in&s;tances to this effect, which for bre|vitie I will omit.</P>
<P><HI>Hemingeus</HI> approoues this kinde of <HI>v&s;urie</HI> euen from the very lawe of lending: for he &s;aith, <HI>Indigentibus &s;olis gratuita mutuatio debetur: &amp; non auaritiae in&s;atiabili &s;ervire debet.</HI></P>
<P>Euery contract which in his kind or by circum&s;tances ought to be free, if there be a compact to receiue any thing be&s;ides the
<PB N="29" REF="17">principall <HI>e&s;t V&s;urarius contractus,</HI> &amp; properly this is called <HI>V|&s;urie. Ger&s;onis regula.</HI> From hence <HI>Hemingeus</HI> &s;aith, <HI>non e&s;&s;e v|&s;urarium co~tractum,</HI> which by circum&s;tances ought to be free. The free contract of lending concernes the poore, but if the Rich borrow, he &s;aith, <HI>dico V&s;uram hic propri&egrave; non committi propterea quod beneficium i&s;tud fuit liberum ad quod nec diuino nec natur ali iure eras obligatus:</HI> and in another place he &s;aith, <HI>Quid enim peccat qui pro beneficio expectat gratitudinem,</HI> and affirmeth that it is naturall equitie, that for a good turne <HI>quod non iure debemus</HI> another be done, that there may be equalitie.</P>
<P>That the libertie may appeare to be lawfull for <HI>v&s;urie</HI> of the Rich, you &s;hall heare the learned opinions of &s;ome vpon the 15. <HI>P&s;alme. Lord, who &s;hall dwell in thy Tabernacle? He that hath not giuen forth vpon V&s;urie.</HI></P>
<P><HI>M. Calvin</HI> &s;aith, that the name of <HI>Ne&s;eck</HI> which Dauid v|&s;eth, beeing deriued of byting, declareth &s;ufficiently that <HI>v&s;urers</HI> are condemned &s;o farre forth as they draw with them a libertie to pill and poll. In another place he &s;aith, <HI>Si obijciant foenerato|res &agrave; Davide &amp; Ezech. in totum damnari, &s;ententias illas ad normam charitatis exigi debere arbitror: ideo&abque; non damnari ni&s;i improbas exactiones, quibus creditor, po&s;thabita aequitate, debitorem &s;uum oner at, ac premit.</HI></P>
<P><HI>D. AEpinus</HI> writing vpon the 15. P&s;al. doth name 3. kindes of men, <HI>Mendicantium, Indigentium, &amp; eorum qui &s;unt Locuple|tes,</HI> and after he hath learnedly and largely handled the matter, he concludes thus, <HI>in tertio or dine non committi v&s;uram.</HI></P>
<P><HI>Hemingeus</HI> vpon the 15. P&s;al. &s;aith, that it is manife&s;t that the P&s;almi&s;t doth there &s;peake of biting <HI>v&s;urie,</HI> becau&s;e he doth v&s;e this word <HI>Ne&s;eck. quod &agrave; mor &s;u nomen habet:</HI> further he &s;aith, that in this P&s;alme is forbidden but that <HI>v&s;urie quae ante in Mo|&s;e fuit interdicta,</HI> and this is his rea&s;on, <HI>Prophetae enim nullam nouam doctrinam afferunt &s;ed tantum Mo&s;is &s;unt Interpretes. fol.</HI> 958.</P>
<PB N="30" REF="18">
<P><HI>S. Augustin</HI> hath a &s;en&s;ible &s;aying, where things are more plainly vttered in the Scripture, there mu&s;t we learne how they are to be vnder&s;toode in ob&s;cure and darke places. <HI>Augu&s;t. lib.</HI> 83. <HI>quae&s;t.</HI> from hence &s;ome frame a rea&s;on thus;</P>
<P>If all parts of the Scripture expound one an other (as they doe by the opinion of <HI>Chry&s;o&s;tome</HI> 2. <HI>Gen. homil.</HI> 13.) then ye mu&s;t con&s;ider, that as all riuers runne they neuer &s;o crooked, haue re|cour&s;e from the fountaine as the head, &s;o all future places of proofe concerning <HI>v&s;urie,</HI> &s;eeme they neuer &s;o ob&s;cure, haue reference and doe rely vpon the former, which M. <HI>Calvin</HI> and <HI>Hemingeus</HI> haue expounded before to concerne the poore.</P>
<P>The&s;e learned men are to be reuerenced for their opinions, becau&s;e they reconcile them&s;elues after a &s;ort in their owne &s;ay|ings: for what&s;oeuer they approoue in particular &amp; re&s;pectiue|ly for <HI>v&s;urie,</HI> they condemne generally by their conclu&s;ion.</P>
<P>M. <HI>Calvin</HI> &s;aith, <HI>Praeceptum mutuandi ab&s;que foenore, politi|cum e&s;t,</HI> and doth no further allow of <HI>v&s;urie</HI> then the lawe of the Magi&s;trate permitteth.</P>
<P><HI>Hemingeus</HI> prooues &s;ome <HI>v&s;urie</HI> lawfull, but how? <HI>&s;i &s;er|vatur aequalit as quam Magi&s;tratus &s;tatuit.</HI></P>
<P><HI>D. AEpinus</HI> though he &s;aith <HI>in tertio ordine non committi v&s;uram,</HI> yet he addeth this, <HI>modo alioqui ab aequalitate non dece|datur,</HI> which is to be appointed by the Magi&s;trate.</P>
<P>The&s;e men doe no further defend <HI>v&s;urie</HI> then they referre their iudgements to the law of the Magi&s;trate, we hauing no law to approoue it, their opinions are &s;atisfied.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Certaine rea&s;ons why &s;ome rich men ought not to borrow vpon <HI>V&s;urie.</HI></HEAD>
<P>What &s;hould mooue a Rich man to borow mony, hath he not
<PB N="31" REF="18">corne to make mony of, yet he perceives that markets are litle worth, and therefore he doth re&s;erve it to that ende the Iewes did at <HI>Ieru&s;alem, Amos</HI> 8. to make a dearth, and not as <HI>Io&s;eph</HI> did in <HI>Egypt</HI> to relieve the fami&s;hed.</P>
<P>Another hath great &s;tore of cattell, and may &s;ell &s;ome of them for money, but it may be, that cattell beare no price, or his grounds be vnder&s;tored.</P>
<P>Many haue divers other things which they may well forbeare and &s;ell in re&s;pect of any want which they doe &s;pare and reteine vpon &s;ome covetous fore-ca&s;ts: for they pre&s;ume they &s;hall loo&s;e le&s;&s;e by allowing after ten in the 100. for money, then by pre&s;ent &s;ale of any of their co~modities at tho&s;e ordinary prices.</P>
<P>Rich-men I confe&s;&s;e may &s;omtime want money and borrow for good and nece&s;&s;ary con&s;iderations, but mo&s;t commonly what cau&s;e doth con&s;traine mo&s;t of them to borrow? alas, it is lamentable to expre&s;&s;e.</P>
<P>One &s;eeth an hou&s;e and ground of his neighbours that were fit to be laid to his owne, he will v&s;e all the meanes that may be to have it, (as <HI>Ahab</HI> did by <HI>Naboth</HI> hee would needes have his peece of ground to make him a garden, becau&s;e it was neere his hou&s;e 1. King. 21.2.) if he wants mony to purcha&s;e it, he will take it vp at V&s;ans.</P>
<P>Another hath entred into a great purcha&s;e which hath a com|mon appendant to it for the benefite of the poore, which he meanes to aprone to his owne v&s;e (a thing too common in the&s;e daies:) the Prophet could &s;ee this in his time: for he &s;aith, <HI>They covet fieldes, and take them by violence: and hou&s;es, and take them away, &s;o they oppre&s;&s;e a man and his hou&s;e.</HI> Micah. 2.2. If he wants money to wade through withall, he will non &s;ticke to vi&s;it the <HI>v&s;urer</HI></P>
<P>There be others which be the cormorants of a Common|weale that borrow mony of purpo&s;e to buy corne, to hoord it
<PB N="32" REF="19">vp to inhaunce the price, to &s;hip it away to make it &s;car&s;e, v&s;ing all pollicie again&s;t Gods providence to make a famine and there|by procure the cur&s;es of the poore, Prov. 28.</P>
<P>There be others that borrow mony to con&s;ume in prodigall maner, in bravery, banketting, voluptuous living, &amp; &s;uch like: they con&s;ume that in wa&s;t which many poore doth want, the co&s;tly apparell on their backs do &s;o &s;tick in the mercers bookes, and the dainty cates for their bellies, doth &s;o &s;oake their pur&s;es, and the riotous company they keepe is &s;uch a moath to their mony that they are inforced through folly to re&s;ort to the <HI>v&s;u|rer</HI> as their be&s;t friend, and very glad are they if they may get mony: though they obtaine it by pawning their iewels, plate, or landes.</P>
<P>If any of the&s;e or others like the&s;e do borrow mony for the&s;e or the like purpo&s;es. He that doth lend them any doth procure a great mi&s;chiefe, or if he hath any foreknowledge of it or &s;u&s;|picion of &s;uch a pretence, he is partaker of the &s;inne and cur&s;e whereof the borrower is culpable. <HI>Heming.</HI> &s;aith, we ought not to lend to &s;uch neither by divine, natural, or humane law, which do abu&s;e mony to theirs and others de&s;tructions, his rea&s;ons fol|lowes. <HI>Nam qui occa&s;ionem damni dedit, damnum dedi&s;&s;e vide|tur, quamobrem fit reus alieni peccati ac &s;i&s;iuum proprium onus &s;ibi non &s;atis e&s;&s;et.</HI> And it appeareth in the Roman. 1.31. that not onely the followers but &s;uch as were favourers and furtherers of evill were reprooved and puni&s;hed.</P>
<P>This inconvenience hath growen by rea&s;on of lending to the Rich, &s;ince they began to borow the law of free-lendidg to the poore hath bin laid a&s;ide: for it is now come to this pa&s;&s;e that the poore man &s;hall &s;ooner begge then borrow, becau&s;e the <HI>V&s;urer</HI> thinke all lo&s;t that is lent to him, or litle to be got by lending vn|to him. He that will lend to the rich to &s;erve his &s;ini&s;ter commo|ditie, when he ought to lend to the poore to &s;atisfie his nece&s;si|tie,
<PB N="33" REF="19">&s;uch thrift is a braunch of theft by the opinion of <HI>D. P. Mar|tyr</HI> vpon the 2. Rom. and all his mony will but turne to his own mi&s;ery.</P>
<P>The <HI>V&s;urer</HI> is taught generally in the word to lend, mo&s;t e&s;|pecially to his neighbour in the time of his nece&s;sity <HI>Syrac.</HI> 29. <HI>Hemingeus</HI> writing vpon this place, &s;aith. <HI>Hic aperte &s;apiens re&s;tringit mutuationis debitum ad nece&s;sitatis tempus.</HI> It is co~|manded by Mo&s;es, <HI>Thou &s;halt lend him &s;ufficient for his neede which he hath. Deut.</HI> 15.8. It is commended by <HI>David, The righ|teous is mercifull and lendeth P&s;al.</HI> 112.5. It is imitated of the godly; <HI>I my breethren and &s;ervants</HI> (&s;aith <HI>Nehemiah</HI>) <HI>doe lend them money and corne. Nehem.</HI> 5.10.</P>
<P>Sithens we ought e&s;pecially to lend to the poore, euen from the very nature of the law of lending it &s;elfe, it were very nece&s;|&s;ary to di&s;tingui&s;h the e&s;tates of men, that the poore man may be the better knowne, thereby to take away all colour of excu&s;e from the <HI>V&s;urer.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A de&s;cription of &s;ome &s;uch poore men as <HI>WE ARE COMMAVNDED TO</HI> lend vnto vvithout V&s;urie.</HEAD>
<P>THe begger that liveth of Almes, &s;uch an one as is blind, lame, or having other defectes of nature, to this man we are preci&s;ely inioyned to give &amp; not properly &s;aid to lend, vnle&s;&s;e it be to the Lord. <HI>He that hath mercy on the poore, len|deth to the Lord,</HI> Prov. 19. for he cannot re&s;tore that which he receive. Hereof &s;aith the <HI>Preacher, Ca&s;t thy bread vpon the wa|ters. Eccl.</HI> 11.1. as a thing lo&s;t, this is none of tho&s;e poore-men pro+perly to whom the &s;cripture willeth any great &s;umme of mony to be lent, but otherwi&s;e to be relieved.</P>
<PB N="34" REF="20">
<P>The&s;e are to be noted
<LIST>
<ITEM><HI>Artificers</HI></ITEM>
<ITEM><HI>Labourers</HI></ITEM>
<ITEM><HI>Husbandmen</HI></ITEM>
<ITEM><HI>Young mariedmen</HI></ITEM>
</LIST> in the number of the poore.</P>
<DIV3 TYPE="section">
<HEAD>Artificers.</HEAD>
<P>THe <HI>Artificer</HI> which hath nothing but his bare fingers and tooles to get his living re&s;pecting his charge is to be dee|med a poore man: for as cunning without tooles can do nothing, &s;o tooles without wherewith can not be &s;et on work, and without worke the man &s;hall &s;oone begge, yet having worke he may live in want. To this man we mu&s;t not only lend without <HI>v&s;urie,</HI> but (if we mi&s;tru&s;t him) we mu&s;t take &s;uch a pledge as he may well &s;pare: it appeareth &s;o in Deuter. 24.10. <HI>Thou &s;halt not goe into his hou&s;e to fetch his pledge, but thou &s;halt &s;tand without, and the man that borrowed it of thee, &s;hall bring the pledge out of the dores to thee.</HI> And this &s;tandeth with great rea&s;on: for if a man &s;hould take his tooles to pledge, he &s;hall not &s;ave &s;o much by borrowing as he &s;hall loo&s;e by his worke for want of his tooles.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Labourers.</HEAD>
<P>THe <HI>Labouring-man</HI> that hath neither hou&s;e or home of his owne to hold his head in but liveth onely of his bare &amp; bodily labour is to be accounted a poore man, who&s;e nece&s;sitie is &s;uch &s;ometime as he mu&s;t needs borrow, and vpon &s;uch a pledge as he cannot well forbeare, as his garment or &s;uch like, therefore we mu&s;t neither take <HI>v&s;urie</HI> of him nor deteine his pledge; for it is written, <HI>If it be a poore body thou &s;halt not &s;leepe vvith his pledge, but &s;halt restore it when the Sunne goe
<PB N="35" REF="20">downe that he may &s;leepe in his raiment. Deut.</HI> 24.12. <HI>Exod.</HI> 22.26. and it is an horrible thing to withold it, it is this that make the Prophet cry out again&s;t the Rich, <HI>They lie downe vpon clothes laide to pledge, Amos</HI> 2.8. &amp; Iob de&s;cribing the impiety of the wicked &s;aith, <HI>They take the pledge of the poore. Iob</HI> 24.9.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Husbandmen.</HEAD>
<P>THe <HI>Husband-man</HI> that hath but a &s;imple cottage of his owne and keepeth a bea&s;t or two upon the common to maintaine his charge, is to be e&s;teemed a poore man, who&s;e e&s;tate is &s;uch as mini&s;treth occa&s;ion to borow; to whom we ought to lend without <HI>v&s;urie,</HI> and yet we mu&s;t not take his cattell for a pledge: for it is reprooved, <HI>You take the widovves Oxe to pledge.</HI> Iob. 24.23. le&s;t in &s;o doing we &s;ooner impove|ri&s;h then plea&s;ure him: and it is no more tollerable then to take the nether or the vpper mil&s;tone to pledge. <HI>Deut.</HI> 24.6. for this gage is his living.</P>
</DIV3>
<DIV3 TYPE="section">
<HEAD>Young married men.</HEAD>
<P>THe <HI>Young married man</HI> that is bare to begin the world and wants wherwith to furni&s;h and follow his trade, is to be e&s;teemed a poore man: the originall of the cu&s;tome of money-mariages was made as a meane for the benefit of new beginners, to the end they might gather &s;ome &s;tocke to &s;et vp withall, (which offrings are now commonly abu&s;ed among&s;t the better &s;ort.) For this cau&s;e many godly men have giue~ great
<PB N="36" REF="21">&s;ummes of mony to remaine as a &s;tock for ever in the cities and townes where they dwelt, that it might be freely lent to benefit &s;uch poore beginners, therefore <HI>Hemingeus</HI> noteth this to be one, to whom we ought to lend without <HI>v&s;urie.</HI></P>
<P>Generally
<LIST>
<ITEM>He is to be deemed a poore-man which hath need to borrow and hath nothing that he may conve|niently forbeare to make money of.</ITEM>
<ITEM>He is a rich-man (in re&s;pect of the other) that bor|roweth when he hath &s;omwhat which he might very well &s;pare to make money of.</ITEM>
</LIST></P>
<P>To take <HI>V&s;urie</HI> of the&s;e men or &s;uch like who&s;e poverty ap|peares either in our con&s;cience or acquaintance, it is a mo&s;t odi|ous act: for not only the word of God but all Writers do e&s;pe|cially condemne this. The places of Scripture are before ex|pre&s;&s;ed, the opinion of &s;ome auncient writers follow.</P>
<P><HI>An crudelior e&s;t,</HI> &s;aith <HI>S. Augu&s;tine:</HI> Is he more cruell that ta|keth any thing by force from the rich, then he which doth cru|cifie the poore with <HI>v&s;urie.</HI></P>
<P><HI>Nihil v&s;uris turpius. S. Chry&s;ostom</HI> &s;aith, there is no <HI>v&s;u|rie</HI> more filthy then that which is taken of the poore.</P>
<P><HI>V&s;uras quaerere,</HI> &s;aith <HI>S. Ierome.</HI> To take <HI>V&s;ury</HI> of &s;uch it is all one to deceive or drawe away by violence.</P>
<P><HI>Sine ferro dimicat. S. Ambro&s;e</HI> to that effect &s;aith he doth re|venge him &s;elfe without a &s;word that taketh <HI>v&s;ury.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A praemonition for poore men.</HEAD>
<P>AS you are de&s;irous to borrowe when you neede, &s;o you mu&s;t be carefull to pay when you borrow, although you
<PB N="37" REF="21">ought to pay no <HI>v&s;urie</HI> at all, yet I cannot finde in all the &s;crip|tures but that you ought to pay your debts. The P&s;almi&s;t &s;aith, <HI>The wicked borrovveth and payeth not againe.</HI> P&s;al. 37.21. the poore widow made a con&s;cience to pay her debts that had but a pitcher of oyle, for this cau&s;e the Prophet did increa&s;e her oile, and willed her fir&s;t to go &s;ell &s;ome of it to pay her debts, &amp; &s;hee and her children to live of the re&s;t. 2. King. 1.2. there is now no fruition of the 7. yeere of freedome vnle&s;&s;e the Creditours of their con&s;cience will relea&s;e their debts.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The opinion of Writers concerning <HI>VSVRIE.</HI></HEAD>
<P>S. <HI>Barnard</HI> calleth <HI>v&s;urie, venenum patrimonij,</HI> the poy&s;on of a mans inheritance, he &s;aith in another place, <HI>Quid e&s;t v&s;ura legalis? latro praedicens quod intendit &s;cilicet rapere. S. Chry&s;ostome</HI> &s;aith, that <HI>v&s;urie</HI> in his time was accompted an extreme impudencie. hom. 57.</P>
<P><HI>S. Hierome</HI> &s;aith, <HI>v&s;urie</HI> is a &s;peciall cry of &s;edition.</P>
<P><HI>S. Ba&s;il</HI> vpon the 14. P&s;alm. &s;aith that <HI>v&s;urie</HI> have beene the meanes to bring many an one to the halter, his meaning is by paying <HI>v&s;urie</HI> they haue growen poore, and &s;o fall a&s;tealing, and at la&s;t come to hanging.</P>
<P><HI>Iu&s;tinius</HI> the Emperour in the civill law &s;aith, that to take <HI>v|&s;urie</HI> is to rob by order and &s;ufferance of law.</P>
<P><HI>M. Beza</HI> &s;aieth, Chri&s;tian charity forbiddeth a man to put forth mony to <HI>v&s;urie.</HI></P>
<P><HI>Bi&s;h. Iuell</HI> &s;aith, that <HI>v&s;urie</HI> hardeneth the heart: it is the cur&s;e of God and the people.</P>
<PB N="38" REF="22">
<P><HI>S. Ambro&s;e</HI> vpon the 22. of <HI>Ezek.</HI> &s;aith, See how the Prophet hath coupled <HI>Idolatry</HI> and <HI>V&s;urie</HI> together that one might counterpoi&s;e the other in euill.</P>
<P><HI>Pomerianus</HI> &s;aith, that <HI>v&s;urie</HI> is the pre&s;ent poy&s;on of the Church and common-wealth.</P>
<P><HI>Mu&s;culus</HI> &s;aith, graunt <HI>v&s;ury</HI> and then take away the law of loue: he tearmes it in another place, the fire of <HI>V&s;urie</HI> as a thing that con&s;umes.</P>
<P><HI>Lactantius</HI> &s;aith, let a Chri&s;tian take this cour&s;e, that in len|ding he take no <HI>v&s;urie,</HI> for that is again&s;t the law of lending. lib. 6. cap. 18.</P>
<P><HI>Vnaprincipalis ratio Bartholomei Sepolitani.</HI> again&s;t <HI>v&s;urie,</HI> if a man &s;hould pay for that he borrow, he &s;hould give increa&s;e for his owne, for he that lendeth doth transferre the dominion and the v&s;e together.</P>
<P><HI>Melancthon</HI> doeth alledge the like rea&s;on, lending to <HI>V&s;ury</HI> fighteth with aequalitie: for the rule of aequality &s;aith it is not lawfull to make againe of another mans goods.</P>
<P><HI>Luther</HI> complained in his time that <HI>V&s;urie</HI> had overthrowen whole countries.</P>
<P>The auncient Romans for a time abhorred <HI>V&s;urie</HI> as a &s;peciall enormitie, but after they gave entertainment to it, it turned to to their de&s;truction. <HI>Hem.</HI></P>
<P><HI>Egypt</HI> was overwhelmed with <HI>v&s;ury,</HI> and &s;o were the <HI>Iarmyns.</HI></P>
<P>The <HI>Per&s;ians</HI> ab&s;taine it as a practi&s;e of lying and deceit.</P>
<P>The <HI>Indians</HI> can not abide it, nor the <HI>French-men.</HI></P>
<P>The <HI>Engli&s;h-men</HI> have loathed it as Chronicles record be|fore the <HI>Danes</HI> and <HI>Saxons.</HI></P>
<P>Mo&s;t countries haue contemned <HI>v&s;ury,</HI> as a thing very odi|ous and again&s;t nature, therefore many which were led but by the light of nature haue inveyed again&s;t it.</P>
<P><HI>Ari&s;totle</HI> &s;aieth, that <HI>v&s;ury</HI> is again&s;t nature: his rea&s;on is
<PB N="39" REF="22">this, <HI>Pecunia natura non pote&s;t parere ergo v&s;uram expecunia capere pugnat cum natura.</HI></P>
<P><HI>Plutarcke</HI> &s;aith, that it is again&s;t nature to take <HI>v&s;urie,</HI> for this cau&s;e <HI>Ex nihilo nihil fit.</HI></P>
<P><HI>Alphon &s;us</HI> &s;aith, that <HI>v&s;urie</HI> is the very death of nature.</P>
<P><HI>Cato</HI> beeing demanded what it was to take <HI>v&s;urie,</HI> an&s;wered, <HI>Quid hominem occidere?</HI></P>
<P><HI>Plato</HI> made a law, that he which tooke <HI>v&s;urie,</HI> he &s;hould lo&s;e both the principall and the <HI>v&s;urie.</HI> And for that it was &s;o exe|crable, he did expell all <HI>v&s;urie</HI> out of his common-wealth. <HI>in quinto de legibus.</HI></P>
<P>I could repeate many others to this effect, but we may per|ceiue how <HI>v&s;urie</HI> hath beene e&s;teemed by the&s;e; although it be a principle in rea&s;on, that the practi&s;e beeing ill reputed of, the practitioner can haue no better, yet it &s;hall not be ami&s;&s;e to &s;et forth the di&s;credible account hath beene made of <HI>V&s;urers</HI> in mo&s;t ages and times.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>How &V;&s;urers haue beene accounted of.</HEAD>
<P><HI>HEmingeus</HI> beeing a boy, &s;aith he could not remember a|boue 2. knowne <HI>V&s;urers</HI> in the lande he liued in, they flouri&s;hed a while, but their children after them came to pouertie and reproch, &s;o true is that <HI>ver&s;e,</HI></P>
<Q>Ex male quae&s;itis non gaudet tertius haeres.</Q>
<P>In the 12. <HI>Centuries</HI> 4 chap. it is reported by tho&s;e that wrote that eccle&s;ia&s;ticall <HI>Storie,</HI> that there was not an <HI>V&s;urer</HI> to be found in all the countrey, and if an <HI>v&s;urer</HI> came to be knowne, his hou&s;es were called the deuils hou&s;es, his fields the deuils croppe, &amp;c.</P>
<PB N="40" REF="23">
<P><HI>Brunnion</HI> preaching vpon a time to his people in the pre|&s;ence of &s;ome <HI>v&s;urers;</HI> he demanded if any <HI>v&s;urer</HI> were pre|&s;ent, not an <HI>v&s;urer</HI> would &s;peake: in&s;omuch as he asked if any Scavinger were there: a Scavinger made an&s;wer he was one: hereupon the preacher &s;aid, the &s;cauinger was of better account then the <HI>v&s;urer:</HI> for the Scavinger was not a&s;hamed to heare and an&s;wer to his name and title when he was called, but the <HI>v|&s;urer</HI> was.</P>
<P>The <HI>V&s;urers</HI> are a&s;hamed at this day of their title, more then other men: &s;ome write them&s;elues gentlemen, merchants: o|thers, grocers, mercers, but they will not write them&s;elues <HI>V&s;u|rers:</HI> for indeede they are a&s;hamed of the name and word of <HI>v|&s;urie,</HI> and therefore they haue got the&s;e fine tearmes: they will not &s;ay, let their money to <HI>v&s;urie;</HI> but to <HI>intere&s;t,</HI> or put it to <HI>v|&s;ans,</HI> or <HI>they take con&s;ideration, rent, or an honourable rewarde.</HI> If they did thinke well of <HI>v&s;urie,</HI> they would neuer cloake it vnder other contracts.</P>
<P><HI>Dauid</HI> praying again&s;t his enemies, P&s;al. 99. wi&s;heth them this plague, <HI>Let the extortioner take all his goods.</HI> The <HI>Septua|ginta, Pagne, Tremellius</HI> and <HI>Iunius</HI> tran&s;late this word extor|tioner, <HI>V&s;urer.</HI></P>
<P><HI>Mu&s;culus</HI> commenting vpon the &s;ame place &s;aith, &s;ee howe <HI>Dauid</HI> praies that his enemies might light in the <HI>v&s;urers</HI> hands; noting thereby what a cur&s;e it was to goe to an <HI>v&s;urer,</HI> and howe the <HI>v&s;urer</HI> was the meanes to convey the &s;ame cur&s;e to others.</P>
<P>The Prophet <HI>Amos</HI> chap. 8. cryeth out again&s;t &s;uch as &s;olde the poore for old &s;hoes. <HI>Gualter</HI> writing vpon that place &s;aith, it is common to all, but &s;pecially to the <HI>v&s;urers.</HI></P>
<P><HI>S. Ambro&s;e</HI> complained in his time, that by the meanes of <HI>v|&s;urers,</HI> parents were inforced to &s;et forth their children to &s;ale, or binde them to captiuitie, for the payment of their debts, and
<PB N="41" REF="23">yet neuer came to po&s;&s;e&s;&s;e their inheritance.</P>
<P><HI>Luther</HI> reports that <HI>Cae&s;ar</HI> comma~ded that an <HI>v&s;urer</HI> &s;hould not be counted and iudged by law an hone&s;t per&s;on.</P>
<P>M. <HI>Calvin</HI> &s;aith, it is rare to &s;ee an hone&s;t man and an <HI>v&s;urer.</HI></P>
<P><HI>Baldus</HI> &s;aith, an <HI>v&s;urer</HI> is a defamed per&s;on, and &s;hall not en|ioy &s;uch goods as are giuen him.</P>
<P><HI>Hemingeus</HI> &s;aith, the <HI>v&s;urer</HI> might not make an offering at the altar, neither was he preferred to dignitie or called to of|fices.</P>
<P>Tho&s;e which trauell the low Countries &s;ay the <HI>v&s;urer</HI> is &s;o ba&s;ely accounted of, that no man will be in his companie, and you &s;hall &s;ooner get one to goe to a brothel-hou&s;e then to an <HI>v|&s;urers</HI> hou&s;e.</P>
<P>The celebration of a ma&s;&s;e would neuer &s;uffer the <HI>v&s;urer</HI> to ki&s;&s;e the paxe; none would fetch fire at an <HI>v&s;urers</HI> hou&s;e; the boyes wondred and all men hi&s;t at an <HI>v&s;urer.</HI></P>
<P>A thiefe was better e&s;teemed then an <HI>v&s;urer:</HI> for a thiefe was to make but double re&s;titution, the <HI>v&s;urer</HI> quadruple. <HI>Heming. Iac.</HI> 5.</P>
<P><HI>Licurgus</HI> would not &s;uffer an <HI>v&s;urer</HI> to dwell in <HI>Sparta,</HI> nor <HI>Plato</HI> any to dwell in <HI>Graecia.</HI></P>
<P>If the Scripture willeth vs to &s;hunne things of ill report, what account &s;hall we make of an <HI>v&s;urer</HI> that hath &s;o bad a report.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Epiphonema.</HEAD>
<P>WHether we are to regard in the&s;e Writers, <HI>the time,</HI> becau&s;e it is many yeres &s;ince &s;ome of them wrote; or <HI>the place,</HI> becau&s;e mo&s;t are forrain writers, where the
<PB N="42" REF="24">generation of the <HI>Iewes</HI> are hardly rooted out; or any &s;uch like circum&s;tances. Certes I would not wi&s;h the <HI>V&s;urer</HI> to &s;tand vp|on &s;uch cauils, but &s;eeing not onely the word of God, but all a|ges, nations, lawes, and &s;ects of per&s;ons doe condemne <HI>v&s;urie</HI> as a &s;inne mo&s;t odious and opprobrious, I would haue him ob|&s;erue that &s;ame fa&s;t in E&s;ay 58.6. <HI>to loo&s;e the bonds of wickednes. S. Hierome</HI> writing vpon that place, vnder&s;tands by it the ex|treame bonds that <HI>V&s;urers</HI> wrappe others in, So getting his goods in the feare of God, they will be to his comfort while he liueth, &amp; without pricke to his con|&s;cience when he dieth.</P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
<PB REF="24">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
