The arraignment and conuiction of vsurie That is, The iniquitie, and vnlawfulnes of vsurie, displayed in sixe sermons, preached at Saint Edmunds Burie in Suffolke, vpon Prouerb. 28.8. By Miles Mosse, minister of the worde, and Bacheler of Diuinitie. Seene and allowed by authoritie. The especiall contents of this booke, are declared in the page next before the treatise it self. Reade all, or censure none.
the one that the Scripture which hée handleth bée soundly interpreted: the other that the doctrine which he deliuereth from it, be directly and necessarily collected.
the one that the Scripture which he handleth been soundly interpreted: the other that the Doctrine which he Delivereth from it, be directly and necessarily collected.
And therefore before I procéede to the handling of the matter and argument contained in this scripture, some things are of necessitie to be obserued concerning the sense and interpretation of the words.
And Therefore before I proceed to the handling of the matter and argument contained in this scripture, Some things Are of necessity to be observed Concerning the sense and Interpretation of the words.
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First this is not so fitly translated, by vsurie and interest: for neither is vsurie and interest all one (as afterwards shall appeare) neither is interest condemned by the word of God.
First this is not so fitly translated, by Usury and Interest: for neither is Usury and Interest all one (as afterwards shall appear) neither is Interest condemned by the word of God.
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Tremellius, Pagnine, and other of the Latines translate it Vsura & foenore. Now neither Tarbith in the Hebrew, nor NONLATINALPHABET in the Greeke, nor Foenus in the Latine, can properly be interpreted, Interest in the English: But rather Superabundantia, or Incrementū, or Augmētum, that is, Superabundance, or Increase, as Vatablus hath well obserued on this place.
Tremellius, Pagnine, and other of the Latins translate it Usura & foenore. Now neither Tarbith in the Hebrew, nor in the Greek, nor Foenus in the Latin, can properly be interpreted, Interest in the English: But rather Superabundantia, or Incrementū, or Augmētum, that is, Superabundance, or Increase, as Vatablus hath well observed on this place.
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partly because the olde translation readeth it, Vsura & foenore liberali. Now Foenus liberale, is often giuen (at the least it may be giuen) in consideration of Interest: and partly also because the vse and custome of speaking hath confounded the sense of these two words in our vsuall language.
partly Because the old Translation readeth it, Usura & foenore liberali. Now Foenus liberal, is often given (At the least it may be given) in consideration of Interest: and partly also Because the use and custom of speaking hath confounded the sense of these two words in our usual language.
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We say commonly, he taketh vpon Interest, he payeth Interest, he lendeth vpon Interest: when our meaning and intendement is to say, he taketh vpon vsurie, he payeth vsurie, he lendeth for vsurie. And therefore the words being confounded in our common vse of spéech, no meruaile though they be coupled and vnited together of the interpretors in this place.
We say commonly, he Takes upon Interest, he payeth Interest, he dares upon Interest: when our meaning and intendment is to say, he Takes upon Usury, he payeth Usury, he dares for Usury. And Therefore the words being confounded in our Common use of speech, no marvel though they be coupled and united together of the Interpreters in this place.
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Secondly, as touching the meaning of this Scripture, we are to knowe that when Salomon saith here, the vsurer gathereth his riches for him that will bee mercifull to the poore, this is not spoken according to the minde and intendment of the vsurer, as if this were his desire or purpose in gathering of his wealth, that hée might haue whereof to be liberall and to giue almes vnto the néedie.
Secondly, as touching the meaning of this Scripture, we Are to know that when Solomon Says Here, the usurer gathereth his riches for him that will be merciful to the poor, this is not spoken according to the mind and intendment of the usurer, as if this were his desire or purpose in gathering of his wealth, that he might have whereof to be liberal and to give alms unto the needy.
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And thirdly, where shall you finde men lesse pittifull then are vsurers to the poore? But this is spoken of Salomon in respect of the prouidence of God, which oftentimes maketh good vse of riches euill gotten:
And Thirdly, where shall you find men less pitiful then Are usurers to the poor? But this is spoken of Solomon in respect of the providence of God, which oftentimes makes good use of riches evil got:
and so disposeth of the issue of things, as that the wealth which the owner hordeth vp by euill meanes (namelie by vsurie ) hée draweth foorth to good purpose,
and so Disposeth of the issue of things, as that the wealth which the owner hordeth up by evil means (namely by Usury) he draws forth to good purpose,
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But now, how and by what meanes God conuerteth the vsurers wealth to the relieuing of the néedie, that is the doubte and question which ariseth to bée resolued in this place. One of the Rabbins referreth it, ad magistratum & fiscum, to the confiscation of the vsurers goods vnto the Magistrate:
But now, how and by what means God Converts the usurers wealth to the relieving of the needy, that is the doubt and question which arises to been resolved in this place. One of the Rabbis Refers it, ad magistratum & fiscum, to the confiscation of the usurers goods unto the Magistrate:
God often suffereth men which by euill meanes haue gathered their riches, to fall into the danger of politique penall lawes and so to forfeite their goods to the crowne:
God often suffers men which by evil means have gathered their riches, to fallen into the danger of politic penal laws and so to forfeit their goods to the crown:
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whereof it commeth (or it may come) to passe, that of those goods so gathered and so forfeited by iniquitie, the poore may be relieued, high waies may bee repaired, publique charges may bee defrayed, the burden of the Church and of the common weale may be eased to the people.
whereof it comes (or it may come) to pass, that of those goods so gathered and so forfeited by iniquity, the poor may be relieved, high ways may be repaired, public charges may be defrayed, the burden of the Church and of the Common weal may be eased to the people.
Now though I condemne not this sence, yet I doe not so much approue it, partly because an vsurer will hardly be induced to bequeath his goods to him who hee feareth will mercifullie and liberallie imploy them:
Now though I condemn not this sense, yet I do not so much approve it, partly Because an usurer will hardly be induced to Bequeath his goods to him who he fears will mercifully and liberally employ them:
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and partlie because that though the father that putteth to vsurie may sometimes haue a kinde and a mercifull sonne as appeareth by the Prophet: yet to beholde this is almost as rare a thing as it is to sée a blacke Swan floating on the waters.
and partly Because that though the father that putteth to Usury may sometime have a kind and a merciful son as appears by the Prophet: yet to behold this is almost as rare a thing as it is to see a black Swan floating on the waters.
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And therefore I rather follow those who not descending into any particular meanes (because they are infinite in the hand of God) doe generally applie this sentence vnto his holy prouidence. As if hee had saide:
And Therefore I rather follow those who not descending into any particular means (Because they Are infinite in the hand of God) do generally apply this sentence unto his holy providence. As if he had said:
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So that this sentence of Salomon is almost all one with that which else where he hath in this booke of the Prouerbs. The riches of the sinner is laide vp for the iust.
So that this sentence of Solomon is almost all one with that which Else where he hath in this book of the Proverbs. The riches of the sinner is laid up for the just.
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And with that which Luther speaketh in his treatise of Vsurie: Nec vnquam opes vsuris partae, sunt durabiles & perpetuae, Riches gotten by vsurie are neuer permanent or durable.
And with that which Luther speaks in his treatise of Usury: Nec vnquam opes vsuris partae, sunt durabiles & perpetuae, Riches got by Usury Are never permanent or durable.
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So that the drift of the holy Ghost in this Scripture is to disswade from the practising of vsurie: and that he doth by an argument drawne from the miserable effect which shall betide such riches so gathered in the ende.
So that the drift of the holy Ghost in this Scripture is to dissuade from the practising of Usury: and that he does by an argument drawn from the miserable Effect which shall betide such riches so gathered in the end.
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This scripture therefore giueth (as we see) direct occasion to intreate of vsurie: then which there are not many arguments more necessarie or profitable to be handled in these dayes.
This scripture Therefore gives (as we see) Direct occasion to entreat of Usury: then which there Are not many Arguments more necessary or profitable to be handled in these days.
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Secondly, men are growne so cunning and expert to doe euil, that because they know vsurie is forbidden by the lawes both of God and men, Nolunt facere contra legem, sed faciunt fraudem legi (sayth Gratian: ) They will not breake the law for feare of danger:
Secondly, men Are grown so cunning and expert to do evil, that Because they know Usury is forbidden by the laws both of God and men, Nolunt facere contra legem, sed faciunt fraudem Legi (say Gratian:) They will not break the law for Fear of danger:
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And to defeate the lawe, to bleare the eyes of the world, and to auoyde danger they haue deuised more sorts of vsurie then there are trickes at cardes, as one sayth well writing of this argument.
And to defeat the law, to blear the eyes of the world, and to avoid danger they have devised more sorts of Usury then there Are tricks At cards, as one say well writing of this argument.
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Praedicatur plaenis buccis summam esse virtutem, & opus praeclarum (sayth Luther: ) Vsurie is commended with full mouth to be an excellent vertue, a notable worke: a most reasonable gaine:
Praedicatur plaenis buccis summam esse virtutem, & opus praeclarum (say Luther:) Usury is commended with full Mouth to be an excellent virtue, a notable work: a most reasonable gain:
So déepely haue some men surfetted with feeding vpon the poysoned gaine of vsurie. Now when as men are growne to this height and excesse of iniquitie, that they will not lend but vpon vsurie, they will couer and cloake it with pretence of iust dealing, they will defend it,
So deeply have Some men surfeited with feeding upon the poisoned gain of Usury. Now when as men Are grown to this height and excess of iniquity, that they will not lend but upon Usury, they will cover and cloak it with pretence of just dealing, they will defend it,
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high time it is that the Lords men of warre take into their hands the sword of the spirit which is the word of God, if not to cut the throate of this euill (for that seemeth to some to be impossible) yet to hacke it and maime it in the members,
high time it is that the lords men of war take into their hands the sword of the Spirit which is the word of God, if not to Cut the throat of this evil (for that seems to Some to be impossible) yet to hack it and maim it in the members,
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First, I haue béen challenged more then once for the doctrine which sometimes in preaching I haue béen supposed to deliuer concerning vsurie. As that I haue called it Theft and Robberie: which notwithstanding I haue not done:
First, I have been challenged more then once for the Doctrine which sometime in preaching I have been supposed to deliver Concerning Usury. As that I have called it Theft and Robbery: which notwithstanding I have not done:
but sometimes haue shewed that it is forbidden vnder this commandemēt Thou shalt not steale: sometimes I haue alleadged the iudgement of B. Iewel, who not only calleth it Theft, but maketh it worse then Theft by many degrées.
but sometime have showed that it is forbidden under this Commandment Thou shalt not steal: sometime I have alleged the judgement of B. Jewel, who not only calls it Theft, but makes it Worse then Theft by many Degrees.
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And had I plainly called it Theft, I might haue had the authoritie of Ambrose, of Augustine, of Hierome, of Bernhard, of diuers godly and learned writers to haue supported the trueth of that accusation.
And had I plainly called it Theft, I might have had the Authority of Ambrose, of Augustine, of Jerome, of Bernhard, of diverse godly and learned writers to have supported the truth of that accusation.
Saint Augustine coupleth them with Couetous men and Theeues. Musculus ioyneth Vsurie with Deceit and Periurie: Lauater reciteth it with Drunkennes and Adulterie. So common a thing hath it alwayes béen among learned men to fetter Vsurers with the vilest offenders,
Saint Augustine Coupleth them with Covetous men and Thieves. Musculus Joineth Usury with Deceit and Perjury: Lauater reciteth it with drunkenness and Adultery. So Common a thing hath it always been among learned men to fetter Usurers with the Vilest offenders,
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Thirdly, I haue béen challenged, that in preaching against Vsurie, I haue alleadged nor could alleadge nothing against it but the 15 Psalme. A challenge most false and vntrue.
Thirdly, I have been challenged, that in preaching against Usury, I have alleged nor could allege nothing against it but the 15 Psalm. A challenge most false and untrue.
namely, that I haue béen called foorth and required to this busines, not onely of many of the common sort of men (which notwithstanding were not to be neglected) but also most of the Brethren about me,
namely, that I have been called forth and required to this business, not only of many of the Common sort of men (which notwithstanding were not to be neglected) but also most of the Brothers about me,
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For I doe willingly abstaine from all apparance of heate or choller cōceiued against any particular man practising this trade of vsurie. And besides that, feruencie and vehemencie of spéech doe belong more naturallie to admonition, reprehension, and exhortation:
For I do willingly abstain from all appearance of heat or choler conceived against any particular man practising this trade of Usury. And beside that, fervency and vehemency of speech do belong more naturally to admonition, reprehension, and exhortation:
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Secondly, my petition is, that I may without offence make recitall of Doctors, of Councels, of Ciuilians, of Canonists, in a word, of writers of all sorts, of all times, of all religions.
Secondly, my petition is, that I may without offence make recital of Doctors, of Counsels, of Civilians, of Canonists, in a word, of writers of all sorts, of all times, of all Religions.
yet must I now of necessitie vse some libertie in that vaine, not onely because the matter is disputable betwéene the greatest men of learning on both opinions:
yet must I now of necessity use Some liberty in that vain, not only Because the matter is disputable between the greatest men of learning on both opinions:
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then I may presume to define or determine by mine owne authoritie. You shall therefore rather heare what their iudgements and arguments are whose opinion I fauour:
then I may presume to define or determine by mine own Authority. You shall Therefore rather hear what their Judgments and Arguments Are whose opinion I favour:
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Thirdly, my desire is, that you which are now present, and haue begun with patience to attend vpon this busines, will vouchsafe also your presence at other times when this argument shal be handled,
Thirdly, my desire is, that you which Are now present, and have begun with patience to attend upon this business, will vouchsafe also your presence At other times when this argument shall be handled,
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Therefore vntill you haue heard all, I desire that you suspend your iudgement concerning all: yea and when in the end any slippe shall appeare, ascribe it not to wilfulnes,
Therefore until you have herd all, I desire that you suspend your judgement Concerning all: yea and when in the end any slip shall appear, ascribe it not to wilfulness,
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what it importeth in this argument: how many kindes and branches there are thereof. Lastly, vsurie is described, and the parts of the description are examined and vnfoulded.
what it imports in this argument: how many Kinds and branches there Are thereof. Lastly, Usury is described, and the parts of the description Are examined and unfolded.
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And so it appeareth to signifie properly, not onely by the Etymologie and deriuation of the word, Vsura quasi vsus rei, Vsurie as it were the vse of a thing:
And so it appears to signify properly, not only by the Etymology and derivation of the word, Usura quasi vsus rei, Usury as it were the use of a thing:
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This also may appeare more plainly by the distinction which the Latines doe make betwéene vsuarius and vsurarius: Vsuarius they call him which the Graecians name NONLATINALPHABET:
This also may appear more plainly by the distinction which the Latins do make between vsuarius and vsurarius: Vsuarius they call him which the Greeks name:
For the end and perfection of things is their vse: the benefite and commoditie of things consisteth in their vse: yea and men doe therefore liue and dwell together, to the ende that by the mutual vse of the things which they seuerally enioy, each one might be more commodious and beneficiall to another.
For the end and perfection of things is their use: the benefit and commodity of things Consisteth in their use: yea and men do Therefore live and dwell together, to the end that by the mutual use of the things which they severally enjoy, each one might be more commodious and beneficial to Another.
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And therfore this being so, that spéech of Bullinger may well be receiued in this sense: Vsurae vocabulum inhonestum non est: Abusus reddidit inhonestum:
And Therefore this being so, that speech of Bullinger may well be received in this sense: Vsurae Vocabulum inhonestum non est: Abusus reddidit inhonestum:
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But now the name of vsurie is translated by a Trope from his natiue signification, and is commonly taken metonymicè, causa pro effecto: the cause for the effect:
But now the name of Usury is translated by a Trope from his native signification, and is commonly taken metonymicè, causa Pro effecto: the cause for the Effect:
vsurie for the gaine or increase arising from the vse of a thing. And of vsurie taken in that sense I finde diuers sorts mentioned among learned writers.
Usury for the gain or increase arising from the use of a thing. And of Usury taken in that sense I find diverse sorts mentioned among learned writers.
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The reason of this Metaphore is, because as the vsurer by putting foorth a summe of money or goods, into the hands of the borrower, doth increase and augment it,
The reason of this Metaphor is, Because as the usurer by putting forth a sum of money or goods, into the hands of the borrower, does increase and augment it,
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so the husbandman casting foorth his séede into the bowels of the earth, Terra nunquam sine vsura reddit quod accepit, It neuer returneth that which it receiued without vsurie, or increase.
so the husbandman casting forth his seed into the bowels of the earth, Terra Never sine Usura Render quod accepit, It never returns that which it received without Usury, or increase.
Now this kinde of naturall vsurie, which is nothing els but the tilling and husbanding of the earth vnto gaine and increase, no wiseman did euer condemne:
Now this kind of natural Usury, which is nothing Else but the tilling and husbanding of the earth unto gain and increase, no Wiseman did ever condemn:
av d n1 pp-f j n1, r-crq vbz pix av cc-acp dt j-vvg cc vvg pp-f dt n1 p-acp n1 cc vvi, dx n1 vdd av vvi:
Yea, howsoeuer the husbandman is now abased and contemned, yet husbandrie in times passed was Labor Romanis Nobilibus gloriosus: A trade in which the Noblemen and Senatours of Rome imployed themselues without discredite, yea with glorie and renowne.
Yea, howsoever the husbandman is now abased and contemned, yet Husbandry in times passed was Labour Romans Nobilibus glorious: A trade in which the Noblemen and Senators of Room employed themselves without discredit, yea with glory and renown.
uh, c-acp dt n1 vbz av vvd cc vvd, av n1 p-acp n2 vvn vbds n1 np1 np1 j: dt n1 p-acp r-crq dt n2 cc n2 pp-f n1 vvn px32 p-acp n1, uh p-acp n1 cc n1.
because (forsooth) the vsurer doth not pull vp or teare in péeces the members of God which are the trees, the hearbes, the apples, the fruites of the earth, as (say they) the husbandman doth: yet it is certaine that as the reason is vngodly, so their assertion is false.
Because (forsooth) the usurer does not pull up or tear in Pieces the members of God which Are the trees, the herbs, the Apples, the fruits of the earth, as (say they) the husbandman does: yet it is certain that as the reason is ungodly, so their assertion is false.
c-acp (uh) dt n1 vdz xx vvi a-acp cc vvi p-acp n2 dt n2 pp-f np1 r-crq vbr dt n2, dt n2, dt n2, dt n2 pp-f dt n1, p-acp (vvb pns32) dt n1 vdz: av pn31 vbz j cst p-acp dt n1 vbz j, av po32 n1 vbz j.
Yea husbandrie is Omnium artium innocentissima: (saith S. Augustine ) The most innocent or harmelesse of all the Artes, Trades, Sciences, Craftes, misteries vsed and practised among men.
Yea Husbandry is Omnium Arts innocentissima: (Says S. Augustine) The most innocent or harmless of all the Arts, Trades, Sciences, Crafts, Mysteres used and practised among men.
uh n1 vbz fw-la fw-la fw-la: (vvz np1 np1) dt av-ds j-jn cc j pp-f d dt n2, n2, n2, n2, n2 vvn cc vvn p-acp n2.
must passe by vs not so much as once snebbed or controuled, much lesse must it bée condemned from this sentence of Salomon, or any other part of the word of God.
must pass by us not so much as once snebbed or controlled, much less must it been condemned from this sentence of Solomon, or any other part of the word of God.
vmb vvi p-acp pno12 xx av av-d c-acp a-acp vvn cc vvn, av-d av-dc vmb pn31 vbi vvn p-acp d n1 pp-f np1, cc d j-jn n1 pp-f dt n1 pp-f np1.
so let him that is mercifull to the poore most assuredly expect that the thinges which hee layeth out shall be rendered againe of God with a most liberall increase, as it were with a thréefolde vsurie. Now Vide vsurae raram naturam & admirabilem (saith Chrysostome speaking of that place of Salomon, and of this kind of vsury ) Beholde the rare and wonderfull nature or operation of this vsurie: that where other vsurie is condemned of God, this he promiseth to recompence with abundant increase.
so let him that is merciful to the poor most assuredly expect that the things which he Layeth out shall be rendered again of God with a most liberal increase, as it were with a threefold Usury. Now Vide vsurae raram naturam & admirabilem (Says Chrysostom speaking of that place of Solomon, and of this kind of Usury) Behold the rare and wonderful nature or operation of this Usury: that where other Usury is condemned of God, this he promises to recompense with abundant increase.
av vvb pno31 cst vbz j p-acp dt j av-ds av-vvn vvi cst dt n2 r-crq pns31 vvz av vmb vbi vvn av pp-f np1 p-acp dt av-ds j n1, c-acp pn31 vbdr p-acp dt j n1. av fw-la fw-la fw-la fw-la cc fw-la (vvz np1 vvg pp-f d n1 pp-f np1, cc pp-f d n1 pp-f n1) vvb dt j cc j n1 cc n1 pp-f d n1: cst c-crq j-jn n1 vbz vvn pp-f np1, d pns31 vvz pc-acp vvi p-acp j n1.
(sayth Chrysostome ) The common vsuries purchase hell vnto their masters, but this kinde of vsurie obtaineth a kingdome, and glory, and euerlasting saluation.
(say Chrysostom) The Common Usuries purchase hell unto their Masters, but this kind of Usury obtaineth a Kingdom, and glory, and everlasting salvation.
(vvz np1) dt j n2 vvi n1 p-acp po32 n2, cc-acp d n1 pp-f n1 vvz dt n1, cc n1, cc j n1.
There is another branch of this Spirituall vsurie, and that is the profitable imploying of the giftes which wee haue receiued from God to the aduancing of his glorie, and the benefite of men.
There is Another branch of this Spiritual Usury, and that is the profitable employing of the Gifts which we have received from God to the advancing of his glory, and the benefit of men.
pc-acp vbz j-jn n1 pp-f d j n1, cc d vbz dt j vvg pp-f dt n2 r-crq pns12 vhb vvn p-acp np1 p-acp dt vvg pp-f po31 n1, cc dt n1 pp-f n2.
Of this vsurie Origen speaketh preaching to the people: Ecce & nunc vos omnes, quibus haec loquor, pecuniam accipitis foe•eratam, verba mea: haec pecunia Domini est.
Of this Usury Origen speaks preaching to the people: Ecce & nunc vos omnes, quibus haec Loquor, pecuniam accipitis foe•eratam, verba mea: haec Pecunia Domini est.
and then at my comming should I haue receiued mine owne with vantage (The Greeke hath NONLATINALPHABET, the old translation, Cum vsura, M. Beza, Cum foenore, that is in english, with vsurie. ) Now the money there spoken of is taken Pro commisso talento, For the talent, or gift,
and then At my coming should I have received mine own with vantage (The Greek hath, the old Translation, Cum Usura, M. Beza, Cum foenore, that is in english, with Usury.) Now the money there spoken of is taken Pro commisso talento, For the talon, or gift,
cc av p-acp po11 n-vvg vmd pns11 vhi vvn po11 d p-acp n1 (dt jp vhz, dt j n1, fw-la fw-es, n1 np1, fw-la fw-la, cst vbz p-acp jp, p-acp n1.) av dt n1 a-acp vvn pp-f vbz vvn fw-la fw-it fw-la, c-acp dt n1, cc n1,
The aduantage or vsurie there spoken of, is partly Superexcrescentia bonorum spiritualium: The increase of the spirituall giftes themselues by the vse: (for as Iron groweth the brighter by wearing,
The advantage or Usury there spoken of, is partly Superexcrescentia Bonorum Spiritual: The increase of the spiritual Gifts themselves by the use: (for as Iron grows the Brighter by wearing,
The fruite and commoditie, which a man reapeth to himselfe, or yéeldeth to another from the knowledge, the grace, the benefite, which God hath bestowed vpon him.
The fruit and commodity, which a man reapeth to himself, or yieldeth to Another from the knowledge, the grace, the benefit, which God hath bestowed upon him.
And this kinde of vsurie, that is, the imploying and putting forth of Gods giftes within vs to the best aduantage of him and our selues, must not be condemned,
And this kind of Usury, that is, the employing and putting forth of God's Gifts within us to the best advantage of him and our selves, must not be condemned,
cc d n1 pp-f n1, cst vbz, dt vvg cc vvg av pp-f npg1 n2 p-acp pno12 p-acp dt js n1 pp-f pno31 cc po12 n2, vmb xx vbi vvn,
Vsurie is distinguished into that which is onely mental, or committed onely in the minde, and to that which is outwarde, or which bewrayeth it selfe by some outward acte.
Usury is distinguished into that which is only mental, or committed only in the mind, and to that which is outward, or which bewrayeth it self by Some outward act.
n1 vbz vvn p-acp d r-crq vbz av-j j, cc vvn av-j p-acp dt n1, cc p-acp d r-crq vbz j, cc r-crq vvz pn31 n1 p-acp d j n1.
Others haue thus distinguished betwéene vsurie, and liberall or voluntarie Foenorie: Vsura est quod datur supra sortem ex pacto praecedente, scilicet inter vsurarium & debitorem:
Others have thus distinguished between Usury, and liberal or voluntary Furniture: Usura est quod datur supra sortem ex pacto praecedente, scilicet inter vsurarium & debitorem:
ng2-jn vhb av vvn p-acp n1, cc j cc j-jn n1: np1 fw-la fw-la fw-la fw-la fw-la fw-la fw-la fw-la, fw-la fw-la fw-la cc fw-la:
For by this meanes Foenorie shall be onely the repayment of such a debt, as which a man may chuse (because he is not bound) whether he will discharge or no.
For by this means Furniture shall be only the repayment of such a debt, as which a man may choose (Because he is not bound) whither he will discharge or no.
p-acp p-acp d n2 n1 vmb vbi av-j dt n1 pp-f d dt n1, p-acp r-crq dt n1 vmb vvi (c-acp pns31 vbz xx vvn) cs pns31 vmb vvi cc uh-dx.
Unles per retributionem mutuatae pecuniae, we vnderstand, not the repayment of the principall, but a recompence and consideration made for the lending.
Unless per retributionem mutuatae pecuniae, we understand, not the repayment of the principal, but a recompense and consideration made for the lending.
Of which Compacting vsurie, some is more open and direct, and therefore I call it Vsura explicata, manifest or vnfoulded vsurie: some againe is more close and secret,
Of which Compacting Usury, Some is more open and Direct, and Therefore I call it Usura explicata, manifest or unfolded Usury: Some again is more close and secret,
pp-f r-crq vvg n1, d vbz av-dc j cc j, cc av pns11 vvb pn31 np1 n1, j cc vvn n1: d av vbz av-dc j cc j-jn,
but sometimes it is cloaked or couered with the title of honestie. And another more plainly, Contractus mutui est duplex, verus & palliatus. Ita duplex est vsura:
but sometime it is cloaked or covered with the title of honesty. And Another more plainly, Contract mutui est duplex, verus & palliatus. Ita duplex est Usura:
p-acp av pn31 vbz vvn cc j-vvn p-acp dt n1 pp-f n1. cc j-jn n1 av-j, fw-la fw-la fw-la fw-la, fw-la cc fw-la. fw-la fw-la fw-la fw-es:
vera quae in vero mutuo, & velata seu palliata quae in palliato versatur. The contract of lending is of two sorts: the one direct or indeede: the other cloaked or pretended.
vera Quae in vero mutuo, & velata seu palliata Quae in palliato versatur. The contract of lending is of two sorts: the one Direct or indeed: the other cloaked or pretended.
fw-la fw-la p-acp fw-la fw-la, cc fw-la fw-la fw-la fw-la p-acp fw-it fw-la. dt n1 pp-f vvg vbz pp-f crd n2: dt pi vvb cc av: dt n-jn vvd cc j-vvn.
the other couert or cloaked vsurie, which is occupied about lending cloaked or pretended. And these be the speciall kinds of outward or actuall vsurie.
the other covert or cloaked Usury, which is occupied about lending cloaked or pretended. And these be the special Kinds of outward or actual Usury.
dt j-jn n1 cc vvn n1, r-crq vbz vvn p-acp vvg vvn cc j-vvn. cc d vbb dt j n2 pp-f j cc j n1.
Then followeth that which is Mentalis vsura: The vsurie of the minde, The practiser whereof is called Mentalis vsurarius: A mentall vsurer, or one that committeth vsurie onely inwardly with himselfe and with his owne minde.
Then follows that which is Mentalis Usura: The Usury of the mind, The practiser whereof is called Mentalis vsurarius: A mental usurer, or one that Committeth Usury only inwardly with himself and with his own mind.
av vvz cst r-crq vbz np1 fw-es: dt n1 pp-f dt n1, dt n1 c-crq vbz vvn np1 fw-la: dt j n1, cc pi cst vvz n1 av-j av-j p-acp px31 cc p-acp po31 d n1.
I am not ignorant that there are many other distinctions or diuisions made of vsurie: as Simplex and Coniuncta: terrestris and nautica: Centesima, Semissalis, Trientaria, &c. But these either are comprehended vnder those alreadie specified,
I am not ignorant that there Are many other Distinctions or divisions made of Usury: as Simplex and Coniuncta: terrestris and nautica: Centesima, Semissalis, Trientaria, etc. But these either Are comprehended under those already specified,
pns11 vbm xx j cst a-acp vbr d j-jn n2 cc n2 vvn pp-f n1: p-acp np1 cc np1: fw-la cc n1: np1, np1, fw-la, av p-acp d d vbr vvn p-acp d av vvn,
But now these branches of vsurie being thus expressed, it remaineth that we procéed to the handling of so many of them as fall into controuersie and question in these daies.
But now these branches of Usury being thus expressed, it remains that we proceed to the handling of so many of them as fallen into controversy and question in these days.
p-acp av d n2 pp-f n1 vbg av vvn, pn31 vvz cst pns12 vvb p-acp dt n-vvg pp-f av d pp-f pno32 p-acp n1 p-acp n1 cc n1 p-acp d n2.
And those are by name, first Outward or Actuall compacting vsurie, and the two branches therof viz. Open and Cloaked vsurie: secondly, that which is onely mentall or committed in the minde.
And those Are by name, First Outward or Actual compacting Usury, and the two branches thereof viz. Open and Cloaked Usury: secondly, that which is only mental or committed in the mind.
cc d vbr p-acp n1, ord j cc j n-vvg n1, cc dt crd n2 av n1 j cc vvn n1: ord, cst r-crq vbz j j cc vvn p-acp dt n1.
and the seuerall kindes of vsurie. It is true, and it must bee confessed that there are to be found in diuers godly writers large tolerations (that I may not say approbations) of some kind of vsurie. Master Caluin sayth, Nullo testimonio scripturae mihi satis constat vsuras omnino damnatas esse:
and the several Kinds of Usury. It is true, and it must be confessed that there Are to be found in diverse godly writers large tolerations (that I may not say approbations) of Some kind of Usury. Master Calvin say, Nullo Testimony Scriptures mihi satis constat vsuras Omnino damnatas esse:
It doth not sufficiently appeare to me by any testimonie of scripture, that vsurie is wholly or generally condemned. Bucer sayth, Vsura siue foenus, hoc est, quicquid commodi ex data mutuò pecunia vel re alia ad creditorem a de bitone supra sortem redit, per se nulla lege prohibetur ▪ Vsurie or foenorie, that is, all kind of commoditie which ariseth by the lending of money,
It does not sufficiently appear to me by any testimony of scripture, that Usury is wholly or generally condemned. Bucer say, Usura siue Foenus, hoc est, quicquid Convenient ex data mutuò Pecunia vel re Alias ad creditorem a de bitone supra sortem Redeem, per se nulla lege prohibetur ▪ Usury or Furniture, that is, all kind of commodity which arises by the lending of money,
But especially, Master Caluin was a man (as Zanchius testifieth of him) who is iustly to this day honorifice memoriae, of honorable memorie vt ibi a 〈 ◊ 〉 E•ropa, as all Europe witnesseth.
But especially, Master Calvin was a man (as Zanchius Testifieth of him) who is justly to this day honorifice Memoriae, of honourable memory vt There a 〈 ◊ 〉 E•ropa, as all Europe Witnesseth.
Sith the name of vsurie is taken so largely, and sith there are so many kindes and branches of vsurie, whereof diuerse haue alreadie béen by mée acknowledged to bée lawfull:
Sith the name of Usury is taken so largely, and sith there Are so many Kinds and branches of Usury, whereof diverse have already been by me acknowledged to been lawful:
a-acp dt n1 pp-f n1 vbz vvn av av-j, cc a-acp pc-acp vbr av d n2 cc n2 pp-f n1, c-crq j vhb av vbn p-acp pno11 vvn pc-acp vbi j:
it is no great maruaile though they haue spoken so fauorablie of some kinde of vsurie, or of vsurie in generall, taking it (it may be) in the largest signification.
it is no great marvel though they have spoken so favorably of Some kind of Usury, or of Usury in general, taking it (it may be) in the Largest signification.
pn31 vbz dx j n1 cs pns32 vhb vvn av av-j pp-f d n1 pp-f n1, cc pp-f n1 p-acp n1, vvg pn31 (pn31 vmb vbi) p-acp dt js n1.
For Bullinger defineth vsurie after this sorte, Vsura est, cum alteri concedis vsum tui Peculij, vtpote agri, vel domus, vel pecuniae, vel alterius alicuius rei, vnde in annum percipis fructum aliquem:
For Bullinger defineth Usury After this sort, Usura est, cum Alteri concedis vsum tui Peculij, Utterly Agri, vel domus, vel pecuniae, vel alterius alicuius rei, vnde in annum percipis Fruit aliquem:
Now if vnder the name of vsurie, we vnderstand whatsoeuer commoditie ariseth to a man from the leating of his cattell, of his house, of his land, or such like:
Now if under the name of Usury, we understand whatsoever commodity arises to a man from the leating of his cattle, of his house, of his land, or such like:
av cs p-acp dt n1 pp-f n1, pns12 vvb r-crq n1 vvz p-acp dt n1 p-acp dt n-vvg pp-f po31 n2, pp-f po31 n1, pp-f po31 n1, cc d av-j:
& sic non omnis vsura est illicita, Vsurie is taken sometimes very largelie in signification viz. for any thing which is taken in lending aboue the principall,
& sic non omnis Usura est illicita, Usury is taken sometime very largely in signification viz. for any thing which is taken in lending above the principal,
cc fw-la fw-la fw-la fw-es fw-la fw-la, n1 vbz vvn av av av-j p-acp n1 n1 p-acp d n1 r-crq vbz vvn p-acp vvg p-acp dt n-jn,
As for example; If thou lendest ten shillings and demaundest more, or lendest a bushell of corne and demaundest more, this acte is vsurie. This definition steppeth a degrée beyond the former sorte.
As for Exampl; If thou lendest ten shillings and demandest more, or lendest a bushel of corn and demandest more, this act is Usury. This definition steppeth a degree beyond the former sort.
c-acp p-acp n1; cs pns21 vv2 crd n2 cc vv2 av-dc, cc vv2 dt n1 pp-f n1 cc vv2 av-dc, d n1 vbz n1. d n1 vvz dt n1 p-acp dt j n1.
For where the other spake onely of giuing and receiuing more then the principall: this importeth a requiring, a demaunding, and an exacting of more then the principall.
For where the other spoke only of giving and receiving more then the principal: this imports a requiring, a demanding, and an exacting of more then the principal.
p-acp c-crq dt n-jn vvd av-j pp-f vvg cc vvg av-dc cs dt n-jn: d vvz dt vvg, dt vvg, cc dt vvg pp-f dc cs dt n-jn.
And yet this definition cannot be sound, nor sufficient to expresse vnlawfull vsurie. For if all kinde of demaunding more then the principall be vsurie, then here is cut off all the taking of the forfeiture of any bande or obligation,
And yet this definition cannot be found, nor sufficient to express unlawful Usury. For if all kind of demanding more then the principal be Usury, then Here is Cut off all the taking of the forfeiture of any band or obligation,
cc av d n1 vmbx vbi j, ccx j pc-acp vvi j n1. c-acp cs d n1 pp-f vvg av-dc cs dt j-jn vbi n1, av av vbz vvn a-acp d dt n-vvg pp-f dt n1 pp-f d n1 cc n1,
neither may men peremptorilie bee condemned, when being damnified for want of their owne, they séeke to make themselues whole or to saue themselues harmelesse by the penaltie and forfeiture of bandes.
neither may men peremptorily be condemned, when being damnified for want of their own, they seek to make themselves Whole or to save themselves harmless by the penalty and forfeiture of bands.
Prouided alwaies that such bandes, obligations, penalties, and forfeitures, passe not betwéene man and man In fraudem vsurarum: To cloake vsurie withall, or to preuent the lawes which prohibite vsurie. Quia, si in fraudem vsurarum poenam adijcit, vsurarius est.
Provided always that such bands, obligations, penalties, and forfeitures, pass not between man and man In fraudem vsurarum: To cloak Usury withal, or to prevent the laws which prohibit Usury. Quia, si in fraudem vsurarum poenam adijcit, vsurarius est.
vvn av cst d n2, n2, n2, cc n2, vvb xx p-acp n1 cc n1 p-acp fw-la fw-la: p-acp n1 n1 av, cc pc-acp vvi dt n2 r-crq vvi n1. fw-la, fw-la p-acp fw-la fw-la fw-la fw-la, fw-la fw-la.
For if a man lend any thing, and take the borrowers bande for the payment of it, with intent that at the day the penaltie and forfeiture of the bande, shall paye for the forbearing of the money:
For if a man lend any thing, and take the borrowers band for the payment of it, with intent that At the day the penalty and forfeiture of the band, shall pay for the forbearing of the money:
then certainely hée is an vsurer. Now it is to bee presumed saith the same Schooleman, that the lender imposeth a penaltie vpon the borrower, to cloake the acte or to auoyde the danger of vsurie, when as either The lender wisheth rather, that the borrower woulde passe his daye,
then Certainly he is an usurer. Now it is to be presumed Says the same Schoolman, that the lender Imposes a penalty upon the borrower, to cloak the act or to avoid the danger of Usury, when as either The lender wishes rather, that the borrower would pass his day,
av av-j pns31 vbz dt n1. av pn31 vbz pc-acp vbi vvn vvz dt d np1, cst dt n1 vvz dt n1 p-acp dt n1, p-acp n1 dt n1 cc pc-acp vvi dt n1 pp-f n1, c-crq p-acp d dt n1 vvz av-c, cst dt n1 vmd vvi po31 n1,
These are thrée rules which if they were well séene into and obserued, would cut off many vsurarious bargaines that passe betwéene man and man, vnder pretence of billes and bandes, forfeitures and obligations.
These Are thrée rules which if they were well seen into and observed, would Cut off many vsurarious bargains that pass between man and man, under pretence of bills and bands, forfeitures and obligations.
d vbr crd n2 r-crq cs pns32 vbdr av vvn p-acp cc vvn, vmd vvi a-acp d j n2 cst vvb p-acp n1 cc n1, p-acp n1 pp-f n2 cc n2, n2 cc n2.
so doe they also thereby exclude all due and lawfull Interest. Interest is (saith Melanchton ) a debte which he oweth by the lawe of nature, that hath beene to another an effectuall cause of damage and losse, or hath indeede hindered his iust and lawfull gaine.
so do they also thereby exclude all due and lawful Interest. Interest is (Says Melanchthon) a debt which he owes by the law of nature, that hath been to Another an effectual cause of damage and loss, or hath indeed hindered his just and lawful gain.
av vdb pns32 av av vvi d j-jn cc j n1. n1 vbz (vvz np1) dt n1 r-crq pns31 vvz p-acp dt n1 pp-f n1, cst vhz vbn p-acp j-jn dt j n1 pp-f n1 cc n1, cc vhz av vvn po31 j cc j n1.
Not onely when a man hath lent, and for wāt of receiuing againe of his own in appointed time, he suffereth dammage, but also when wanting his own to employ for his best aduantage his gaine and increase is hindered.
Not only when a man hath lent, and for want of receiving again of his own in appointed time, he suffers damage, but also when wanting his own to employ for his best advantage his gain and increase is hindered.
xx av-j c-crq dt n1 vhz vvn, cc p-acp vvi pp-f vvg av pp-f po31 d p-acp j-vvn n1, pns31 vvz n1, cc-acp av c-crq vvg po31 d pc-acp vvi p-acp po31 js n1 po31 n1 cc n1 vbz vvn.
I doubt not, but I may in equitie & conscience demaund, that hee which borrowed my money, where with I might haue furnished my selfe of these thinges, should make recōpence answerable to ye benefit & aduantage, whereof for want of mine owne I haue béene hindred.
I doubt not, but I may in equity & conscience demand, that he which borrowed my money, where with I might have furnished my self of these things, should make recompense answerable to you benefit & advantage, whereof for want of mine own I have been hindered.
And this is Interest demanded Ex lucro oessante: In consideration of my gaine which by want of mine owne hath beene abated. The reason of both these is drawne (sayth Melanchton ) Ex naturali aequalitate: From naturall iustice.
And this is Interest demanded Ex lucro oessante: In consideration of my gain which by want of mine own hath been abated. The reason of both these is drawn (say Melanchthon) Ex naturali aequalitate: From natural Justice.
cc d vbz n1 vvd fw-la fw-la j: p-acp n1 pp-f po11 n1 r-crq p-acp n1 pp-f po11 d vhz vbn vvn. dt n1 pp-f d d vbz vvn (vvz np1) fw-la fw-la fw-la: p-acp j n1.
Let no man enrich himselfe by hindering of an another ▪ And the Apostle will not that euen in giuing of almes, (much lesse in lending and borrowing) we should so deale as Other men should be eased by the grieuing of our selues.
Let no man enrich himself by hindering of an Another ▪ And the Apostle will not that even in giving of alms, (much less in lending and borrowing) we should so deal as Other men should be eased by the grieving of our selves.
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Note by the way for the better discouerie of the vsurers euill dealing, that howsoeuer hee to glose with the world, is wont to confound the names of Interest and vsurie: and men are woont to say, that they take Interest, and lend vpon Interest; when indéed they take vsurie and lend vpon vsurie: yet that there are two manifest and essentiall differences betwéen vsurie and Interest, which doe so distinguish the one from the other,
Note by the Way for the better discovery of the usurers evil dealing, that howsoever he to gloze with the world, is wont to confound the names of Interest and Usury: and men Are wont to say, that they take Interest, and lend upon Interest; when indeed they take Usury and lend upon Usury: yet that there Are two manifest and essential differences between Usury and Interest, which do so distinguish the one from the other,
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Interest is neuer due but from the appointed day of payment forward, and for so long as I forbeare my goods after the day, in which I did couenant to receiue them againe.
Interest is never due but from the appointed day of payment forward, and for so long as I forbear my goods After the day, in which I did Covenant to receive them again.
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But if at the couenanted time I receiue not mine owne againe, then what harme soeuer do betide me after that day for the forbearing thereof, reason will that it be recompenced of the borrower.
But if At the covenanted time I receive not mine own again, then what harm soever do betide me After that day for the forbearing thereof, reason will that it be recompensed of the borrower.
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Men (saith he) doe define vsurie to bee a gaine that is added to that which is lent ▪ or when ouer and besides the principall, any thing is payed for lending.
Men (Says he) do define Usury to be a gain that is added to that which is lent ▪ or when over and beside the principal, any thing is paid for lending.
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To which effect it is also defined of Luther. de taxand. vsurato 7. Melanch. lib. de fin. appel. Tho. Aquin. 22•. quast. 78. in principio. Lauat. in Eze. 18. hom 76. Da. Chytraeus. in Exod. 22. Viguerius. instit. theol. cap.
To which Effect it is also defined of Luther. de taxand. vsurato 7. Melanchthon. lib. de fin. appeal. Tho. Aquinas 22•. Quast. 78. in principio. Lauat. in Ezekiel 18. hom 76. Da. Chytraeus. in Exod 22. Viguerius. Institutio. Theology. cap.
for they doe adde the mention of Gaine vnto Exaction. And whereas the other affirmed that whatsoeuer is exacted more then the principall, that is vsurie: (so condemning both penalties and Interest, thinges which are lawfull in common equitie,) these definitions doe import that vsurie is neither penaltie nor Interest, taken for the forbearing of any thing longer then the appointed day:
for they do add the mention of Gain unto Exaction. And whereas the other affirmed that whatsoever is exacted more then the principal, that is Usury: (so condemning both penalties and Interest, things which Are lawful in Common equity,) these definitions do import that Usury is neither penalty nor Interest, taken for the forbearing of any thing longer then the appointed day:
if he loose in the imploying of it (doing his good and honest indeuour, that there bee not Culpalata, as the Ciulians speake) I will beare halfe the losse:
if he lose in the employing of it (doing his good and honest endeavour, that there be not Culpalata, as the Ciulians speak) I will bear half the loss:
but hath no trade wherein to employ it, because he hath béen continuallie trained vp in learning ▪ Hée hauing a friende that is a Marchant, committeth the occupying of his money vnto him:
but hath no trade wherein to employ it, Because he hath been continually trained up in learning ▪ He having a friend that is a Merchant, Committeth the occupying of his money unto him:
The Diuines of Wittenberge, haue thus cōcluded of it, Sunt vsurarij seu foeneratores, quicunque ex pecunia mutuò data vel minimum etiam obolum, vel haustum frigidae aquae, ex conuentione vltra sortem accipiunt.
The Divines of Wittenberg, have thus concluded of it, Sunt vsurarij seu Moneylenders, quicunque ex Pecunia mutuò data vel minimum etiam obolum, vel haustum frigidae Water, ex convention vltra sortem accipiunt.
To this effect also is it defined of that reuerend B. of Sarisburie, Ecclesiae nostrae decus & ornamentum, who was in his time an honour & ornament to our church: as D. Hūfric truly reporteth.
To this Effect also is it defined of that reverend B. of Salisbury, Ecclesiae Nostrae decus & ornamentum, who was in his time an honour & ornament to our Church: as D. Hūfric truly Reporteth.
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Vsurie is a kinde of lending of money, or corne, or oile, or wine, or of any other thing, wherin vpon couenant and bargaine we receiue againe the whole principall which we deliuered,
Usury is a kind of lending of money, or corn, or oil, or wine, or of any other thing, wherein upon Covenant and bargain we receive again the Whole principal which we Delivered,
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Now these definitions doe adde vnto the former the poynt or particular of compact. At the least wise they doe more openly and cléerely explaine that, which the others haue deliuered concerning debte and exaction. For the borrower can owe nothing but by couenant: the creditour can exact nothing but by couenant. And therefore sith in vsurie there is debt, and there may bée exaction: there must of necessitie be also in vsurie, not only lending and gaine,
Now these definitions do add unto the former the point or particular of compact. At the least wise they do more openly and clearly explain that, which the Others have Delivered Concerning debt and exaction. For the borrower can owe nothing but by Covenant: the creditor can exact nothing but by Covenant. And Therefore sith in Usury there is debt, and there may been exaction: there must of necessity be also in Usury, not only lending and gain,
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But now because these thrée thinges may concurre viz. 1. Lending 2. Lending for gaine. 3. Couenanting for gaine: and yet not make vnlawfull vsurie (as hath beene before exemplified in the third ranke or order of definitions:) therefore I adde the fourth circumstance vnto the former thrée,
But now Because these thrée things may concur viz. 1. Lending 2. Lending for gain. 3. Covenanting for gain: and yet not make unlawful Usury (as hath been before exemplified in the third rank or order of definitions:) Therefore I add the fourth circumstance unto the former thrée,
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And this fourth point I take vp and adioyne to the former out of the Councell of Laterane. Eapropria est vsurdrum interpretatio, quando videlicet ex vsurei quae non germinat, nullo labore, nullo sumptu, Nulléue Periculo luorum foetus { que } conquiri studetur.
And this fourth point I take up and adjoin to the former out of the Council of Lateran. Eapropria est vsurdrum Interpretation, quando videlicet ex vsurei Quae non germinat, nullo labour, nullo sumptu, Nulléue Periculo luorum foetus { que } conquiri studetur.
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This is the proper interpretation of vsurie, (say the Fathers assembled in that Councel ) when men labour to get gaine and increase from the vse of a thing which groweth or increaseth not: and that with no labour, with no cost, with no danger, or aduenturing.
This is the proper Interpretation of Usury, (say the Father's assembled in that Council) when men labour to get gain and increase from the use of a thing which grows or increases not: and that with no labour, with no cost, with no danger, or adventuring.
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And in this kind of vsurie thus described and layd foorth, I doe obserue foure thinges which must of necessitie concur and méete together. 1. The first is Lending. 2. The second is lending for Gaine. 3. The third is Compacting for gaine. 4. The fourth is, The not aduenturing of the principall.
And in this kind of Usury thus described and laid forth, I do observe foure things which must of necessity concur and meet together. 1. The First is Lending. 2. The second is lending for Gain. 3. The third is Compacting for gain. 4. The fourth is, Thee not adventuring of the principal.
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Of which foure particulars, as of thinges whereupon dependeth the waight and substance of this controuersie, my purpose is seuerally and largely to intreate in the sermon following.
Of which foure particulars, as of things whereupon dependeth the weight and substance of this controversy, my purpose is severally and largely to entreat in the sermon following.
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THe first of the foure thinges, necessarily required to the definition of this vsurie, is that it be committed in lending. Dicunt vsuram in solo mutuo (quod debet esse gratuitum) committi: non in reliquis contractibus.
THe First of the foure things, necessarily required to the definition of this Usury, is that it be committed in lending. Dicunt vsuram in solo mutuo (quod debet esse gratuitum) committi: non in reliquis contractibus.
Now indéede, learned men doe say and affirme so. Chemnitius sayth: Fit in contractu mutui: Vsurie is committed in the contract of lending. Brentius sayth: Vsura fit tantum in mutuo:
Now indeed, learned men do say and affirm so. Chemnitz say: Fit in contractu mutui: Usury is committed in the contract of lending. Brent say: Usura fit Tantum in mutuo:
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And yet so, as that in speaking thereof, wée shall not wholly transgresse the boundes and limites of Diuinitie. For although, The matter and forme of contracts be to be deriued from the lawyers and philosophers:
And yet so, as that in speaking thereof, we shall not wholly transgress the bounds and Limits of Divinity. For although, The matter and Form of contracts be to be derived from the Lawyers and Philosophers:
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and speaketh more highly of the final cause, then either the lawyer, or philosopher by his profession can apprehend. For the rule of Diuinitie (sayth Chemnitius ) is this. Ita exercendos contractus, vt conspiciatur fides, & exerceatur dilectio:
and speaks more highly of the final cause, then either the lawyer, or philosopher by his profession can apprehend. For the Rule of Divinity (say Chemnitz) is this. Ita exercendos Contract, vt conspiciatur fides, & exerceatur Love:
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A thing which I thought good the rather to obserue, lest either Diuines should thinke that matters of bargaining and contracting belong no way to their profession:
A thing which I Thought good the rather to observe, lest either Divines should think that matters of bargaining and contracting belong no Way to their profession:
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me thinkes Hemingius hath well described the nature thereof vnto vs. Mutuatio est contractus quo transfertur rei Dominium in alterum, nullo quidem pretio interposito,
me thinks hemingius hath well described the nature thereof unto us Mutuatio est Contract quo transfertur rei Dominium in alterum, nullo quidem Precio interposito,
for no consideration of any price or recompence, but onely with couenant, that the same kinde of thing bee rendered and repayed againe, Now I would haue these wordes of Hemingius to bee throughly waighed and considered.
for no consideration of any price or recompense, but only with Covenant, that the same kind of thing be rendered and repaid again, Now I would have these words of hemingius to be thoroughly weighed and considered.
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and they doe not onely distinguish lending from all other kind of bargaining: but also doe manifestly shew that an vsurer can practise no other contract, but onely lending: yea,
and they do not only distinguish lending from all other kind of bargaining: but also do manifestly show that an usurer can practise no other contract, but only lending: yea,
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and onely that kinde of lending which is called mutuation. First, in that when we lend, wee couenant with the borrower, that the same thing, or the like thing, shall bee repayed and restored againe:
and only that kind of lending which is called mutuation. First, in that when we lend, we Covenant with the borrower, that the same thing, or the like thing, shall be repaid and restored again:
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therein and by this poynte is lending distinguished from giuing. For Donatio proprie est, qua aliquis dat •a mente, vt statim velit accipientis fieri,
therein and by this point is lending distinguished from giving. For Donatio Properly est, qua aliquis that •a mente, vt Immediately velit accipientis fieri,
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yet wee must not bee so simple, as to gather from thence, that the vsurer practiseth the contract and couenant of giuing: for as much as he indenteth for the returne,
yet we must not be so simple, as to gather from thence, that the usurer Practiseth the contract and Covenant of giving: for as much as he indenteth for the return,
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Whereof it is that though the prophet Ezechiel do vse also the same phrase of giuing forth to vsurie: yet he addeth thereunto, the taking of increase: which noteth, that it is such a kinde of giuing, that is practised in vsurie, as caryeth taking with it.
Whereof it is that though the Prophet Ezechiel do use also the same phrase of giving forth to Usury: yet he adds thereunto, the taking of increase: which notes, that it is such a kind of giving, that is practised in Usury, as Carrieth taking with it.
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namely, that they doe let their money, or put it forth to lettage or loane, Now what is letting? Locatio est contractus, in quo res transfertur ad certum tempus, quoad vsum, procerto pretio.
namely, that they do let their money, or put it forth to lettage or loan, Now what is letting? Locatio est Contract, in quo Rest transfertur ad certum Tempus, quoad vsum, procerto Precio.
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non quoad dominium, &c. Letting (sayth Melancthon ) is a contract, in which a thing is transferred or made ouer from one man to another, as touching the vse, but not as touching the propertie for a certaine price, and for a certaine time.
non quoad dominium, etc. Letting (say Melanchthon) is a contract, in which a thing is transferred or made over from one man to Another, as touching the use, but not as touching the property for a certain price, and for a certain time.
letting doth onely make an alienation of the vse. Whereof it commeth to passe, that in lending Transfertur periculum in accipientem. The hazard, or aduenturing of the thing which is lent, is conueyed from the lender, to the borrower or receiuer. So as,
letting does only make an alienation of the use. Whereof it comes to pass, that in lending Transfertur periculum in accipientem. The hazard, or adventuring of the thing which is lent, is conveyed from the lender, to the borrower or receiver. So as,
From letting, let vs goe on to buying and selling. Emptio est contractus, quo res transfertur quoad dominium pro iusto pretio: Nec retinet emptorius retrahendi pretij.
From letting, let us go on to buying and selling. Emptio est Contract, quo Rest transfertur quoad dominium Pro Just Precio: Nec retinet emptorius retrahendi pretij.
Buying is a contract, by which a thing is transferred or alienated, from one man to another, as touching the dominion or propertie, for a certaine price: and the buyer hath no right to recall ▪ or withdraw the price, or consideration againe ▪ From which it may appeare in few wordes:
Buying is a contract, by which a thing is transferred or alienated, from one man to Another, as touching the dominion or property, for a certain price: and the buyer hath no right to Recall ▪ or withdraw the price, or consideration again ▪ From which it may appear in few words:
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First, that buying and selling, do differ much from lending. For lending, is the translation of the dominion of a thing, Nullo interposito pretio: For no price or consideratiō:
First, that buying and selling, do differ much from lending. For lending, is the Translation of the dominion of a thing, Nullo interposito Precio: For no price or consideration:
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but hee doth alienate the propertie and vse of thē onely for a time, and for that temporall alienation and vse, demandeth recompence and consideration.
but he does alienate the property and use of them only for a time, and for that temporal alienation and use, demandeth recompense and consideration.
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or one howse for an other, or one piece of land for an other, &c. And this doth manifestly differ from lending. For in lending I looke for mine owne againe:
or one house for an other, or one piece of land for an other, etc. And this does manifestly differ from lending. For in lending I look for mine own again:
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for a man may exchāge house for land, corne for cattel, golde for siluer, &c. Now then, it is manifest that the vsurer in putting forth of his goodes, exchangeth them not.
for a man may exchange house for land, corn for cattle, gold for silver, etc. Now then, it is manifest that the usurer in putting forth of his goods, exchangeth them not.
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The Latines haue two kindes of lending, Mutuatio, and Accommodatio: we for distinctions sake, must call them (though somewhat barbarously) mutuating, and accommodating. And these two kindes of lending, doo differ very apparantly in two materiall pointes.
The Latins have two Kinds of lending, Mutuatio, and Accommodatio: we for Distinctions sake, must call them (though somewhat barbarously) mutuating, and accommodating. And these two Kinds of lending, do differ very apparently in two material points.
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but he shall not doe with my horse whatsoeuer himselfe listeth, because by this kinde of lending I haue transferred onely the vse and not the propertie of my goods.
but he shall not do with my horse whatsoever himself lists, Because by this kind of lending I have transferred only the use and not the property of my goods.
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or couenanted for in mutuating. But now, it is farre otherwise in accommodating. For, Commodatio est, cùm quod ad vsum, vel vsus alicuius rei conceditur alicui ad certum tempus, ita vt sine pretio idem indiuiduum reddatur integrum, & incorruptum:
or covenanted for in mutuating. But now, it is Far otherwise in accommodating. For, Commodatio est, cùm quod ad vsum, vel vsus alicuius rei conceditur alicui ad certum Tempus, ita vt sine Precio idem indiuiduum reddatur integrum, & incorruptum:
Accommodating is, when the vse of a thing is graunted to a man for a certaine time, with condition that without price, or recompence, the selfe same particular which was lent, shall bee repaied againe sounde, and not impaired.
Accommodating is, when the use of a thing is granted to a man for a certain time, with condition that without price, or recompense, the self same particular which was lent, shall be repaid again sound, and not impaired.
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in the other it is required that the same particular, and none els, be restored againe vnto the lender. Now, by this which hath béene spokē, it may appeare, that the vsurer doth not accommodate his goodes,
in the other it is required that the same particular, and none Else, be restored again unto the lender. Now, by this which hath been spoken, it may appear, that the usurer does not accommodate his goods,
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therefore for breuities sake I haue thought good to ouerpasse them in this treatise. The reasons why I haue made mention of those before rehearsed are these.
Therefore for brevities sake I have Thought good to overpass them in this treatise. The Reasons why I have made mention of those before rehearsed Are these.
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Namely, that wee might sée, 1. what lending is. 2. How it differeth from other contracts. 3. That this Outward, Open, and Actuall vsurie, of which yet wee speake, is committed onely in the bargaine of lending. For the vsurer giueth not, hee letteth not, hee selleth not, hee exchangeth not, hee accommodateth not, &c. Therefore he lendeth onely:
Namely, that we might see, 1. what lending is. 2. How it differeth from other contracts. 3. That this Outward, Open, and Actual Usury, of which yet we speak, is committed only in the bargain of lending. For the usurer gives not, he lets not, he Selleth not, he exchangeth not, he accommodateth not, etc. Therefore he dares only:
Now before I procéed to the handling of the second particular, it is very requisite that wee obserue two necessarie consequences or inferences, arising from that which hath béene alreadie deliuered, concerning this point of lending. The first is this.
Now before I proceed to the handling of the second particular, it is very requisite that we observe two necessary consequences or inferences, arising from that which hath been already Delivered, Concerning this point of lending. The First is this.
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We haue heard that lending or mutuation is such a contract, as together with the vse doth trāsferre the dominion and propertie of the thing vnto the borrower.
We have herd that lending or mutuation is such a contract, as together with the use does transfer the dominion and property of the thing unto the borrower.
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From whence must necessarily followe, that Obiectum mutui, The thinges subiecte to this kinde of lending, must bée onely such as whose vse and propertie cannot be seuered:
From whence must necessarily follow, that Object mutui, The things Subject to this kind of lending, must been only such as whose use and property cannot be severed:
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Of which nature and condition are only such things as consist & passe from man to man by 1. number. 2. waight. 3. and measure: & therefore in thinges of those kinds onely, (and in none other) can vsurie bee committed.
Of which nature and condition Are only such things as consist & pass from man to man by 1. number. 2. weight. 3. and measure: & Therefore in things of those Kinds only, (and in none other) can Usury be committed.
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Note (saith one) that vsurie cannot bee committed, but onely in such thinges which are subiect to that kinde of lending which wée mutuation: that is to say, in such things as consist in number, waight, and measure. In number, as money: In waight, as leade:
Note (Says one) that Usury cannot be committed, but only in such things which Are Subject to that kind of lending which we mutuation: that is to say, in such things as consist in number, weight, and measure. In number, as money: In weight, as lead:
these are the thinges that can onely be lent, and taken vpon vsurie. For vsurie is only in that kind of lending: and such thinges onely as consist in number, waight, and measure, are subiecte to that kinde of lending :
these Are the things that can only be lent, and taken upon Usury. For Usury is only in that kind of lending: and such things only as consist in number, weight, and measure, Are Subject to that kind of lending:
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Vsurie is in lending, and therefore may bee committed in any thing which is subiecte to lending: that is in any thing which consisteth in number, waight, and measure.
Usury is in lending, and Therefore may be committed in any thing which is Subject to lending: that is in any thing which Consisteth in number, weight, and measure.
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And this is the rather to be obserued, because it is a receiued opiniō among the vulgar sort, yt vsurie is committed onely in the putting forth and taking vp of money.
And this is the rather to be observed, Because it is a received opinion among the Vulgar sort, that Usury is committed only in the putting forth and taking up of money.
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Vsurie is sayd to be committed, (and may bee committed) in the mutuating or lending of any thing. And this the very wordes of the text doe make plaine in the scriptures:
Usury is said to be committed, (and may be committed) in the mutuating or lending of any thing. And this the very words of the text do make plain in the Scriptures:
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Quod praeuidens Scriptura, omni rei aufert superabundantiam: vt plus non recipias quàm dedisti: Which the scripture foreseeing, or preuenting, taketh away increase in euery thing:
Quod praeuidens Scripture, omni rei Aufert superabundantiam: vt plus non recipias quàm dedisti: Which the scripture Foreseeing, or preventing, Takes away increase in every thing:
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For if thou lend any thing and takest increase for it, thou committest vsurie: in as much as vsurie may bee committed in all such thinges as passe from one man to an other in this kinde of lending. So that (to conclude this first poynt at length) by that which hath béen spoken concerning lending, it may euidently appeare:
For if thou lend any thing and Takest increase for it, thou Committest Usury: in as much as Usury may be committed in all such things as pass from one man to an other in this kind of lending. So that (to conclude this First point At length) by that which hath been spoken Concerning lending, it may evidently appear:
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Secondly, that vsurie is only committed in such things as consist in number, waight, and measure: for they only are subiect to that kinde of lending. Thirdly, that vsurie may be committed not only in the lending of money,
Secondly, that Usury is only committed in such things as consist in number, weight, and measure: for they only Are Subject to that kind of lending. Thirdly, that Usury may be committed not only in the lending of money,
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THe second thing to bee obserued in this kind of vsurie, is, that there be lending for gaine. For if a man lend ten poundes, onely to receiue ten pounds againe, and no more:
THe second thing to be observed in this kind of Usury, is, that there be lending for gain. For if a man lend ten pounds, only to receive ten pounds again, and no more:
A good man is mercifull and lendeth, sayth the Psalmist. And S. Ambrose sayth of Tobias, Quòd commodauit pecuniam, & non foenerauit, iusti seruauit officium.
A good man is merciful and dares, say the Psalmist. And S. Ambrose say of Tobias, Quòd commodauit pecuniam, & non foenerauit, Justi seruauit officium.
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In that he lent fréely and not vpon vsurie, hee performed the dutie of a iust and righteous man. And Iustinus Martyr pleading for the Christians, and iustifying their godlie conuersation, saith.
In that he lent freely and not upon Usury, he performed the duty of a just and righteous man. And Justinus Martyr pleading for the Christians, and justifying their godly Conversation, Says.
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And certainelie that frée lending in these dayes is so scante, and that all lending is almost turned into vsurie, is no small argument that true Christians, righteous & mercifull men, begin to growe rare & geason in the world.
And Certainly that free lending in these days is so scant, and that all lending is almost turned into Usury, is no small argument that true Christians, righteous & merciful men, begin to grow rare & geason in the world.
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It is certaine that vsurie is such a lending as carrieth with it gaine and increase: for therefore are vsurie and increase so often vnited and combined in the scriptures.
It is certain that Usury is such a lending as Carrieth with it gain and increase: for Therefore Are Usury and increase so often united and combined in the Scriptures.
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Gaine is the increase of money, or of that which can bee measured and valued by money. For vnlesse there be an increase by the vse of a thing, ouer and besides the returne of the principall it selfe,
Gain is the increase of money, or of that which can be measured and valued by money. For unless there be an increase by the use of a thing, over and beside the return of the principal it self,
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Here then arise two things to be considered of vs. First, sith vsurie is onely lending for gaine, and gaine is onely that increase which is money or monies worth:
Here then arise two things to be considered of us First, sith Usury is only lending for gain, and gain is only that increase which is money or moneys worth:
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therefore it followeth, that if a man lend not to gaine, either money or any thing that may be valued by money, he cannot be saide to lende for vsurie. As for example:
Therefore it follows, that if a man lend not to gain, either money or any thing that may be valued by money, he cannot be said to lend for Usury. As for Exampl:
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I consider that the debte is desperate, and therefore make him this answer, that if he will put me in good security to pay at such a time the ten poundes, which alreadie he oweth me,
I Consider that the debt is desperate, and Therefore make him this answer, that if he will put me in good security to pay At such a time the ten pounds, which already he owes me,
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and together with that, the fiue poundes which now hee requireth, I am content to satisfie his demaunde, Non committo vsuram: Herein I committe no vsurie. And why? Quia illa decem quae recipio, non veniunt nomine lucri,
and together with that, the fiue pounds which now he requires, I am content to satisfy his demand, Non committo vsuram: Herein I commit no Usury. And why? Quia illa Decem Quae recipio, non veniunt nomine lucri,
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and therefore, hee that lendeth, to gaine by lending, any thing that is money or monies worth, that man committeth vsurie. Therefore are they much deceiued which thinke that they commit not vsurie, vnlesse for their money lending, they receiue shéere money againe.
and Therefore, he that dares, to gain by lending, any thing that is money or moneys worth, that man Committeth Usury. Therefore Are they much deceived which think that they commit not Usury, unless for their money lending, they receive shéere money again.
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there be some (saith he) who for the money that they haue lent, are wont to receiue giftes, or rewardes of another kinde. Et non intelligunt vsuram appellari,
there be Some (Says he) who for the money that they have lent, Are wont to receive Gifts, or rewards of Another kind. Et non Intelligunt vsuram appellari,
Againe, I knowe a man that is in speciall fauour with the L. Keeper, the L. Chiefe Iustice, the L. Chiefe Barron, or some such like great personage in authority:
Again, I know a man that is in special favour with the L. Keeper, the L. Chief justice, the L. Chief Baron, or Some such like great personage in Authority:
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I will lende him a péece of money, and for the vse of it hee shall doe no more but procure me an office in the Chauncerie, in the Kinges bench, in the Exchequer, or some other place:
I will lend him a piece of money, and for the use of it he shall do no more but procure me an office in the Chancery, in the Kings bench, in the Exchequer, or Some other place:
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This man (together with the rest before specified) committeth vsurie: for hee lendeth for gaine, and although hee requireth no money for increase, yet hee requireth that which is monyes worth,
This man (together with the rest before specified) Committeth Usury: for he dares for gain, and although he requires no money for increase, yet he requires that which is moneys worth,
Secondly, lending for any thing which is not money or monies worth, is not lending for gaine, and therefore no vsurie. Thirdly, the lending for the gaine of anything which is money or monies worth, is within the compasse of Outward, open, and actuall vsurie.
Secondly, lending for any thing which is not money or moneys worth, is not lending for gain, and Therefore no Usury. Thirdly, the lending for the gain of anything which is money or moneys worth, is within the compass of Outward, open, and actual Usury.
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for so both Pagnine and Tremellius translate it: and the Greeke hath NONLATINALPHABET: and Vatablus obserueth that it is verbatim from the Hebrue, Nō ponetis super eum:
for so both Pagnine and Tremellius translate it: and the Greek hath: and Vatablus observeth that it is verbatim from the Hebrew, Non ponetis super Eum:
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Now vsurie cannot bee imposed or put vpon a man without couenant or compact. Besides that, diuers doe define vsurie to be an increase or gaine arising by lending, Debitum or Exactum. Now gaine can neither bee due to the lender,
Now Usury cannot be imposed or put upon a man without Covenant or compact. Beside that, diverse doe define Usury to be an increase or gain arising by lending, Debitum or Exactum. Now gain can neither be due to the lender,
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And therefore learned men speaking of these matters, doe call them Foeneratoriae pactiones, or Contractus vsurarij: Vsurarious couenants or contracts. There is then in this kinde of vsurie, couenanting or contracting for gaine.
And Therefore learned men speaking of these matters, do call them Exchanger pactiones, or Contract vsurarij: Vsurarious Covenants or contracts. There is then in this kind of Usury, covenanting or contracting for gain.
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The Grecians call couenantes, NONLATINALPHABET NONLATINALPHABET, for the commutation, exchange, or reciprocall passion, and sympathie or agreement, which is betwéene them that couenant together.
The Greeks call Covenants,, for the commutation, exchange, or reciprocal passion, and Sympathy or agreement, which is between them that Covenant together.
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The parentes of two children doo in their presence and hearing, intreate and conclude of a marriage, to bee contracted and solemnized betweene those their children.
The Parents of two children do in their presence and hearing, entreat and conclude of a marriage, to be contracted and solemnized between those their children.
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And why? reason presupposeth, that if either partie had béene discontented with the match, they would by one meanes or other haue signified their dislike.
And why? reason presupposeth, that if either party had been discontented with the match, they would by one means or other have signified their dislike.
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In such cases as this, by like suppositions, it is growne into a prouerbe, Qui tacet consentire videtur: He that holdeth his peace, and replyeth not, seemeth to consent. And this may not bee thought strange of any, that a man should couenant by silence.
In such cases as this, by like suppositions, it is grown into a proverb, Qui tacet consentire videtur: He that holds his peace, and Replieth not, seems to consent. And this may not be Thought strange of any, that a man should Covenant by silence.
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Here is also pactum tacitum, a couert or secret couenanting for gaine, because by their silence, a mutual consent and agréement is intended howsoeuer no way expressed, or declared.
Here is also Pact tacitum, a covert or secret covenanting for gain, Because by their silence, a mutual consent and agreement is intended howsoever no Way expressed, or declared.
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In this case they haue consented and couenanted by bare worde and promise, the one to take, the other to pay vsurie. And this is Nudum pactum, A bare or naked couenant.
In this case they have consented and covenanted by bore word and promise, the one to take, the other to pay Usury. And this is Nudum Pact, A bore or naked Covenant.
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And therefore he which lendeth, and taketh any Reall pawne for the payment of vsurie, hee couenanteth and compacteth for vsurie. By wordes, as Stipulatio, and Fideiussio. And therefore he which lendeth,
And Therefore he which dares, and Takes any Real pawn for the payment of Usury, he Covenanteth and compacteth for Usury. By words, as Stipulatio, and Fideiussio. And Therefore he which dares,
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and taketh before witnes the borrowers solemne promise, for the payment of increase: or lendeth and taketh an other mans worde for the borrowers paiment of the increase:
and Takes before witness the borrowers solemn promise, for the payment of increase: or dares and Takes an other men word for the borrowers payment of the increase:
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THere is yet a fourth point to bee obserued in this kind of vsurie: and that is, that the vsurer neuer hazardeth, nor aduentureth the goodes which hee lendeth forth.
THere is yet a fourth point to be observed in this kind of Usury: and that is, that the usurer never hazardeth, nor adventureth the goods which he dares forth.
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The lot is the principall money or goodes that begetteth vsurie. Now the vsurer neuer aduentureth or hazardeth the losse of his principall: for he wil haue all sufficient securitie for the repaiment and restoring of it backe againe to himselfe.
The lot is the principal money or goods that begetteth Usury. Now the usurer never adventureth or hazardeth the loss of his principal: for he will have all sufficient security for the repayment and restoring of it back again to himself.
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And yet will not the vsurer take vpon him any aduenture, or hazard, either in his bodie, or goodes. And therefore the name that vsurers giue to their principall, to call it Sors, which signifieth lot or chance: doth not otherwise agrée to any thing which the vsurer lendeth,
And yet will not the usurer take upon him any adventure, or hazard, either in his body, or goods. And Therefore the name that usurers give to their principal, to call it Sors, which signifies lot or chance: does not otherwise agree to any thing which the usurer dares,
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As a mountaine is in latine called M•ns, à non mouendo: Because it moueth not. Or as a woode is called Lucus, à non lucendo: Because it giueth no light:
As a mountain is in latin called M•ns, à non mouendo: Because it moves not. Or as a wood is called Lucus, à non lucendo: Because it gives no Light:
To cast lottes (in which, things are put vpon chance) is nothing else, but to doe some acte, by the euent whereof wee may finde out some thing which is hidden or vnknowne. According to which description, the vsurer is farre enough from lotte or aduenturing. For he lendeth not,
To cast lots (in which, things Are put upon chance) is nothing Else, but to do Some act, by the event whereof we may find out Some thing which is hidden or unknown. According to which description, the usurer is Far enough from lot or adventuring. For he dares not,
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so is there no right vse at all of the name of lotte among vsurers. Unlesse perhaps some man will say that the vsurers goodes may bee called lotte, as S. Augustine sayde that Absalom was called his fathers peace. Ideo Absalom patris pax dicitur,
so is there no right use At all of the name of lot among usurers. Unless perhaps Some man will say that the usurers goods may be called lot, as S. Augustine said that Absalom was called his Father's peace. Ideo Absalom patris pax dicitur,
In the like manner may that which the vsurer lendeth, be called Sors, lot, or hazard, or aduenture, because the borrower hath that hazard which the vsurer hath not.
In the like manner may that which the usurer dares, be called Sors, lot, or hazard, or adventure, Because the borrower hath that hazard which the usurer hath not.
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Or perhaps (saith hee) therefore yee call it lot, or hazard, because the patrimonies or landes which are pawned or morgaged vnder this arte of vsurie, are in hazard neuer to bee redéemed,
Or perhaps (Says he) Therefore ye call it lot, or hazard, Because the patrimonies or Lands which Are pawned or mortgaged under this art of Usury, Are in hazard never to be redeemed,
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And yet M. Bucer (a man whome they are wont to alleage in their defense) saith plainelie that we must not lend to our brethren that néede Certa restitutionis sp•, With a certaine hope of restitution, much lesse then with all securitie and assurance, not onely of the principall, but also of the increase.
And yet M. Bucer (a man whom they Are wont to allege in their defence) Says plainly that we must not lend to our brothers that need Certa restitutionis sp•, With a certain hope of restitution, much less then with all security and assurance, not only of the principal, but also of the increase.
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yet it may come to passe, that hee and his suerties may proue banckroute, his and their goods may by some offence bee confiscated and forfeited to the crowne, hee or they may flée the countrie,
yet it may come to pass, that he and his sureties may prove banckroute, his and their goods may by Some offence be confiscated and forfeited to the crown, he or they may flee the country,
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nay euidences may bee stolne, lost, brent, caught out of my hand by cousenage, &c. a thousand waies are there, by which notwithstanding mine assurance, I may be defeated of mine owne.
nay evidences may be stolen, lost, brent, caught out of my hand by cozenage, etc. a thousand ways Are there, by which notwithstanding mine assurance, I may be defeated of mine own.
or hand to his booke, (which assurance no vsurer will take) and yet no man calleth him a Marchant Aduenturer, neither is hee assumed into their hall and companie.
or hand to his book, (which assurance no usurer will take) and yet no man calls him a Merchant Adventurer, neither is he assumed into their hall and company.
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nor lend for long time, nor but vpon all sufficient securitie? Secondly, to the plea of the vsurer touching the aduenturing of his goods, I answer in this sorte.
nor lend for long time, nor but upon all sufficient security? Secondly, to the plea of the usurer touching the adventuring of his goods, I answer in this sort.
There is aduenturing in a double respect, 1. First, Quoad euentum. 2. Secondly, Quoad media. A man may aduenture as touching the issue: and as touching th• meanes.
There is adventuring in a double respect, 1. First, Quoad euentum. 2. Secondly, Quoad media. A man may adventure as touching the issue: and as touching th• means.
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Because no man can sée the ende of a thing when hee beginneth it, and because the ouerruling prouidence of God will worke when it pleaseth, sometimes beyond meanes, sometimes without meanes, sometimes contrarie to meanes:
Because no man can see the end of a thing when he begins it, and Because the overruling providence of God will work when it Pleases, sometime beyond means, sometime without means, sometime contrary to means:
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when the vsurer hath bounde the borrower with bandes and pawnes as it were with fetters (for so Plutarche speaketh:) and when hee hath tyed him as fast,
when the usurer hath bound the borrower with bands and pawns as it were with fetters (for so Plutarch speaks:) and when he hath tied him as fast,
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he is that Outward, Open, and Actuall vsurer, who is before defined, and whose practise we shall afterwardes shew to be condemned, not onely in this sentence of Salomon, but also in many other places of Scripture.
he is that Outward, Open, and Actual usurer, who is before defined, and whose practice we shall afterwards show to be condemned, not only in this sentence of Solomon, but also in many other places of Scripture.
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there are among others thirteene cases or deuises, which the wickednes of couetuous men hath time after time, deuised to elude, or to couer the practise of vsurie. Now, it was well that he said, there were thirteene cases, inter alios among others :
there Are among Others thirteene cases or devises, which the wickedness of covetous men hath time After time, devised to elude, or to cover the practice of Usury. Now, it was well that he said, there were thirteene cases, inter Alioth among Others:
For there are thirtéene hundred, yea thirtéene thousand deuises, which men of euill conscience haue inuented to auoyde the shew and danger of vsurie. Nay, who can reckon them by thousands,
For there Are thirtéene hundred, yea thirtéene thousand devises, which men of evil conscience have invented to avoid the show and danger of Usury. Nay, who can reckon them by thousands,
yet as Cornelius Tacitus reporteth of this euill in Rome, so may it be saide of our vsurers in England: Toties repressae, miras per artes rursum oriebantur:
yet as Cornelius Tacitus Reporteth of this evil in Room, so may it be said of our usurers in England: Twice repressae, miras per arts Once again oriebantur:
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Vsurers and their deceits, being often repressed by the lawes and statutes of this realme, are notwithstanding by wonderfull deuises, and subtilties risen vp againe.
Usurers and their Deceits, being often repressed by the laws and statutes of this realm, Are notwithstanding by wonderful devises, and subtleties risen up again.
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And therefore whereas it cannot bée rightly saide of vsurie, that it is an Arte, or Trade, or Occupation, or Science: to the ende that it may haue a name whereby to be knowne in lawe, I suppose that we may with M. Smith fitly call it a mysterie. Such a mysterie, and such an intricate practise it is, that as Iohn saith in the Reuelation, Christ will giue a name to him that ouercommeth, which no man knoweth, sauing he that receiueth it:
And Therefore whereas it cannot been rightly said of Usury, that it is an Art, or Trade, or Occupation, or Science: to the end that it may have a name whereby to be known in law, I suppose that we may with M. Smith fitly call it a mystery. Such a mystery, and such an intricate practice it is, that as John Says in the Revelation, christ will give a name to him that Overcometh, which no man Knoweth, Saving he that receiveth it:
I doe not thinke (saith Aretius, ) that any man knoweth throughlie the artes of vsurie, but onely those which are dailie conuersant in the practise of the same.
I do not think (Says Aretius,) that any man Knoweth throughly the arts of Usury, but only those which Are daily conversant in the practice of the same.
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And therefore as it is impossible for a man to picture that same Empusa, of whom it is saide in Aristophanes. NONLATINALPHABET. NONLATINALPHABET. She seemeth euery thing,
And Therefore as it is impossible for a man to picture that same Empusa, of whom it is said in Aristophanes... She seems every thing,
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euen so doe I suppose it to bee impossible in any perfection to describe this variable and changeable, (I meane this cloaked and couert kinde of vsurie. ) For sometimes it séemeth to be buying, sometimes selling, sometimes letting, sometimes pawning, sometimes one thing, sometimes another:
even so do I suppose it to be impossible in any perfection to describe this variable and changeable, (I mean this cloaked and covert kind of Usury.) For sometime it Seemeth to be buying, sometime selling, sometime letting, sometime pawning, sometime one thing, sometime Another:
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For who coulde euer drawe a full and liuelie picture of Proteus that changeable sea God? Or what building can a man there erect and raise vp where the sande is so quicke,
For who could ever draw a full and lively picture of Proteus that changeable sea God? Or what building can a man there erect and raise up where the sand is so quick,
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Quid enim tentare nocebit? That I may as it were at a backe windowe, let in some small glimmering light, which may giue occasion to others that are clearer of sight,
Quid enim tentare nocebit? That I may as it were At a back window, let in Some small glimmering Light, which may give occasion to Others that Are clearer of sighed,
But with that minde where withall the holy Ghost hath recorded vnto vs the vnnaturalnes of Caine, the crueltie of Lamech, the couetousnesse of Nabal, the furie of Saule, and such like wicked vices of vngodlie men:
But with that mind where withal the holy Ghost hath recorded unto us the unnaturalness of Cain, the cruelty of Lamech, the covetousness of Nabal, the fury of Saule, and such like wicked vices of ungodly men:
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And indéede if we will thoroughly examine the thing, whereas there are diuers lawfull kindes of bargaining, (as hath béene before declared) wee shall finde that vsurie is often committed vnder pretence and colour of them all.
And indeed if we will thoroughly examine the thing, whereas there Are diverse lawful Kinds of bargaining, (as hath been before declared) we shall find that Usury is often committed under pretence and colour of them all.
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farre aboue the rate that the lawe admitteth in vsurie. And no doubt vnlesse this exception some what helpe them, Probabiliter dubitatur vtrum fructus illi plus vel minus valere debeant:
Far above the rate that the law admitteth in Usury. And no doubt unless this exception Some what help them, Probabiliter dubitatur Utum fructus illi plus vel minus Valere debeant:
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vnlesse I say this pointe will helpe them, that at the time of their buying, they are vncertaine whether the price of corne will rise or fall, before the time of deliuery:
unless I say this point will help them, that At the time of their buying, they Are uncertain whither the price of corn will rise or fallen, before the time of delivery:
it seemeth a thing apparant to mee that such men come within the compasse of cloaked vsurie. Againe, I sell wares, I giue thrée moneths day of payment,
it seems a thing apparent to me that such men come within the compass of cloaked Usury. Again, I fell wares, I give thrée months day of payment,
that they learne, not to disgrace their honest trades of marchandise, by putting vpon thē the dishonest cloake of vsurie. Againe, a man commeth to me to borrow money:
that they Learn, not to disgrace their honest trades of merchandise, by putting upon them the dishonest cloak of Usury. Again, a man comes to me to borrow money:
Such an vsurer my selfe once knew in the world (if happily his owne sonne doth reporte the truth of his father) who was supposed to haue many hundreds out to vsurie at once.
Such an usurer my self once knew in the world (if happily his own son does report the truth of his father) who was supposed to have many hundreds out to Usury At once.
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Againe, I sell a commoditie for the price which the market now goeth at, with this condition, that if it bee more worth at the Easter, or Whitsontide following, I will haue more for it:
Again, I fell a commodity for the price which the market now Goes At, with this condition, that if it be more worth At the Easter, or Whitsuntide following, I will have more for it:
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All the recompence that he requireth, is no more then that which he lendeth out, viz. ten pounde for ten pound, twentie pound for twentie pound, that is, (as it séemeth) onely his owne againe.
All the recompense that he requires, is no more then that which he dares out, viz. ten pound for ten pound, twentie pound for twentie pound, that is, (as it Seemeth) only his own again.
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And he will lend it for so long Gratis, Freely: (hee meaneth indéede Gratis the Nowne, not Gratis the Aduerbe: Gratis, that is, gratis hominibus, To men which hee hopeth in their consideration and recompence will proue thankfull. ) All that he will require, is a bande for the repayment of his owne againe.
And he will lend it for so long Gratis, Freely: (he means indeed Gratis the Noun, not Gratis the Adverb: Gratis, that is, gratis hominibus, To men which he Hopes in their consideration and recompense will prove thankful.) All that he will require, is a band for the repayment of his own again.
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But hee knoweth well enough, that it is an hundred to one that he which commeth to borrow tenne pound for a yeare, shall not bée like nor able to pay it againe within a moneth.
But he Knoweth well enough, that it is an hundred to one that he which comes to borrow tenne pound for a year, shall not been like nor able to pay it again within a Monn.
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From lending let vs passe on to exchanging: & we shall sée that many times vnder shew of exchange, men commit vsurie. As for the purpose I lend the value of a thousand florentines in siluer,
From lending let us pass on to exchanging: & we shall see that many times under show of exchange, men commit Usury. As for the purpose I lend the valve of a thousand florentines in silver,
Annon manifestè committit vsuram? His opinion is, that such a mā doth manifestlie commit vsurie. Again, put the case that Angels go currant for an eleuen shillings in France, which are worth but ten shillings in England. I will lend a man a hundred Angels in England, vpon condition that he shall repay an hundred angels to my factour in France. In the one example there is but an exchange of coyne in an other kinde, in the other onely a commutation of place:
Annon manifestè Committit vsuram? His opinion is, that such a man does manifestly commit Usury. Again, put the case that Angels go currant for an eleuen shillings in France, which Are worth but ten shillings in England. I will lend a man a hundred Angels in England, upon condition that he shall repay an hundred Angels to my factor in France. In the one Exampl there is but an exchange of coin in an other kind, in the other only a commutation of place:
The last which I will adde shalbe laying to pawne, because the other contractes which remaine vnspecified, are not so cōmonly nor easily abused to this euill.
The last which I will add shall laying to pawn, Because the other contracts which remain unspecified, Are not so commonly nor Easily abused to this evil.
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then he in the Poet could vtter the punishmēts of hell wherewith the wicked were tormented of the Furies. Hesiode describing in the person of Periclimenus the nature of a couetous craftie man, who vsed all steightes to enriche himselfe,
then he in the Poet could utter the punishments of hell wherewith the wicked were tormented of the Furies. Hesiod describing in the person of Periclimenus the nature of a covetous crafty man, who used all steightes to enrich himself,
and to beguile the poore (for so Natalis Comes doth expounde him,) hee saith, that sometimes he was like a fowle, sometimes like a Bée, sometimes like an ante, sometimes like a serpent: yea he addeth — NONLATINALPHABET NONLATINALPHABET.
and to beguile the poor (for so Natalis Comes does expound him,) he Says, that sometime he was like a fowl, sometime like a Been, sometime like an ante, sometime like a serpent: yea he adds —.
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yea they haue many a quillitie, and many a subtiltie, which no writer that hath not béen bounde twise seuen yeares prentise to the trade, is able to disclose.
yea they have many a quillitie, and many a subtlety, which no writer that hath not been bound twice seuen Years prentice to the trade, is able to disclose.
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To ende this poynte therefore, and to procéede to that which remaineth: Homer thus describeth Dolon the Troyā, namely that he was Vir locuples auri atque aeris,
To end this point Therefore, and to proceed to that which remains: Homer thus Describeth Dolon the Trojan, namely that he was Vir Locuples auri atque aeris,
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sed prorsus inepta Deformis facie, verum pernicibus aptus Et volucer pedibus, cursuque inuictus anhelo. A man very rich and swift of foote, but very deformed and euill fauoured.
sed prorsus inepta Deformis fancy, verum pernicibus Apt Et volucer pedibus, cursuque inuictus anhelo. A man very rich and swift of foot, but very deformed and evil favoured.
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Yea, if we will beleeue S. Augustine, there is so much power and vertue, in the intētion and purpose wherewith a man goeth about the doing of a thing, that if it be good the action is good,
Yea, if we will believe S. Augustine, there is so much power and virtue, in the intention and purpose wherewith a man Goes about the doing of a thing, that if it be good the actium is good,
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For thus he writeth speaking to the Manichees Quod quaero à vobis quo fine faciatis? I demaund of you (saith he) to what end ye absteine from eating of flesh,
For thus he Writeth speaking to the manichees Quod Quaero à vobis quo fine faciatis? I demand of you (Says he) to what end you abstain from eating of Flesh,
and drinking of wine? Finis enim quo referūtur ea quae facimus, Idest, propter quem faciamus quicquid facimus, si non solum inculpabilis sed etiam laudabilis fuerit, tunc demum etiam facta nostra laude aliqua digna sunt.
and drinking of wine? Finis enim quo referūtur ea Quae facimus, Idest, propter Whom Faciamus quicquid facimus, si non solum inculpabilis sed etiam laudabilis fuerit, tunc demum etiam facta nostra laud Any Digna sunt.
Sin ille iure meritòque culpatur quem spectamus & intuemur, cùm in aliquo versamur officio, id quoque officium nemo improbandum vituperandumque dubitauerit.
since Isle iure meritòque culpatur Whom spectamus & intuemur, cùm in Aliquo versamur Officio, id quoque officium nemo improbandum vituperandumque dubitauerit.
But if the ende which we respect and aime at, when we performe any dutie, be rightlie and worthelie to be blamed, thē no man may doubt but that dutie or worke is also to be condemned.
But if the end which we respect and aim At, when we perform any duty, be rightly and worthily to be blamed, them no man may doubt but that duty or work is also to be condemned.
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Mental vsurie is committed without couenant, when a man lendeth with hope of receiuing some what that is moneys worth, aboue or besides the principall. And Gratian saith Non solum quodcūque lucrum, sed etiam ipsa spes facit hominem vsurarium, sicut spes facit hominem Simoniacum:
Mental Usury is committed without Covenant, when a man dares with hope of receiving Some what that is moneys worth, above or beside the principal. And Gratian Says Non solum quodcūque lucrum, sed etiam ipsa spes facit hominem vsurarium, sicut spes facit hominem Simoniacum:
And the meaning of our Sauiour Christ is in those words (Lend, looking for nothing againe) that men should not bee like the Scribes and Pharisies, who would onely benefite those which were able,
And the meaning of our Saviour christ is in those words (Lend, looking for nothing again) that men should not be like the Scribes and Pharisees, who would only benefit those which were able,
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And therefore one sayd not amisse potest mutuans sperare tria: hee that lendeth may hope or expect three things of the borower. 1. Mutui aequalitatem. 2. ream actionem. 3. personalem subuentionem in articulo necessitatis.
And Therefore one said not amiss potest mutuans sperare tria: he that dares may hope or expect three things of the borrower. 1. Mutui aequalitatem. 2. ream actionem. 3. personalem subuentionem in articulo necessitatis.
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The lender may expect, first that the borower do repay the aequall measure, or value of that which he lent him: secondly, he may expect that he may haue his action in law against the borower,
The lender may expect, First that the borrower do repay the aequal measure, or valve of that which he lent him: secondly, he may expect that he may have his actium in law against the borrower,
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If a man will lende to the Pope, or to the Prince, to purchase their fauour, that being in fauour with them, hee might afterwards obtaine a benefice of the Pope, or a Castle, or Lordship of the Prince.
If a man will lend to the Pope, or to the Prince, to purchase their favour, that being in favour with them, he might afterwards obtain a benefice of the Pope, or a Castle, or Lordship of the Prince.
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This mans expectation of loue and fauour to such an ende and purpose, maketh him to become a Mental vsurer. Tunc enim esset spes lucri: & per consequēs vsura.
This men expectation of love and favour to such an end and purpose, makes him to become a Mental usurer. Tunc enim esset spes lucri: & per Consequent Usura.
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And so much for the first principal point of this treatise, namely for the defining or describing of those thrée kindes of vsurie, which are most vsually practised among men in these dayes:
And so much for the First principal point of this treatise, namely for the defining or describing of those thrée Kinds of Usury, which Are most usually practised among men in these days:
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lest otherwise the treatise should growe infinite, and too tedious to the hearers. And indeede, well may they in this point be vnited and coupled together:
lest otherwise the treatise should grow infinite, and too tedious to the hearers. And indeed, well may they in this point be united and coupled together:
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then must the intendment, and purposing of that action, be euill and vngodlie also. So, if Actuall vsurie be vnlawfull, then mentall vsurie is condemned.
then must the intendment, and purposing of that actium, be evil and ungodly also. So, if Actual Usury be unlawful, then mental Usury is condemned.
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Now it is manifest that the worde of God condemneth vsurie. Moses saith: If thou lend money to my people, that is, to the poore with thee, thou shalt not bee as an vsurer vnto him:
Now it is manifest that the word of God Condemneth Usury. Moses Says: If thou lend money to my people, that is, to the poor with thee, thou shalt not be as an usurer unto him:
Vnto a stranger thou maiest lend vpon vsurie, but thou shalt not lende vpon vsurie vnto thy brother, that the Lorde thy God may blesse thee in all that thou settest thy hand to, in the lande whither thou goest to possesse it.
Unto a stranger thou Mayest lend upon Usury, but thou shalt not lend upon Usury unto thy brother, that the Lord thy God may bless thee in all that thou settest thy hand to, in the land whither thou goest to possess it.
Yea, and the Psalmist questioning with God, as desirous to knowe, Who shall dwell in his tabernacle, and who shall rest in his holy mountaine? Among other properties belonging to a man that shoulde goe to heauen, hee nameth this for one, He that giueth not his money to vsurie.
Yea, and the Psalmist questioning with God, as desirous to know, Who shall dwell in his tabernacle, and who shall rest in his holy mountain? Among other properties belonging to a man that should go to heaven, he names this for one, He that gives not his money to Usury.
hee noteth this for one branch of wickednes, that should among others bring him to destruction if he hath giuen forth vpon vsurie, or hath taken increase.
he notes this for one branch of wickedness, that should among Others bring him to destruction if he hath given forth upon Usury, or hath taken increase.
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And in another place, the same Prophet displaying and reprouing the transgressions of Ierusalem, he saith, In thee haue they taken giftes to shedde blood, thou hast taken vsurie,
And in Another place, the same Prophet displaying and reproving the transgressions of Ierusalem, he Says, In thee have they taken Gifts to shed blood, thou hast taken Usury,
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I might alleage further to this purpose that which Dauid hath, Psalm. 55. Where complaining of the malice and crueltie of his enemies, he saith, Non defecit de plateis eius vsura & dolus:
I might allege further to this purpose that which David hath, Psalm. 55. Where complaining of the malice and cruelty of his enemies, he Says, Non defecit de plateis eius Usura & dolus:
For so the olde Latine translation readeth it, and the gréeke interpretor hath NONLATINALPHABET, Vsurie and deceipte. And so Basile, Ambrose, & Augustine among the fathers,
For so the old Latin Translation readeth it, and the greek Interpreter hath, Usury and deceit. And so Basil, Ambrose, & Augustine among the Father's,
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I might alleage also that which is written, Psal. 72. where Salomon describing the prosperitie and blessednes of his gouernement, (being therein a figure of Christ ) among other benefites which by it should bée conueyed to the people, he noteth this for one, Ex vsuris & iniquitate redimet animas eorum:
I might allege also that which is written, Psalm 72. where Solomon describing the Prosperity and blessedness of his government, (being therein a figure of christ) among other benefits which by it should been conveyed to the people, he notes this for one, Ex vsuris & iniquitate redimet animas Their:
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then that it can bée restrained necessarilie to the name of vsurie, and that which the olde translation readeth vsura, vsurie, and ex vsura, out of vsurie:
then that it can been restrained necessarily to the name of Usury, and that which the old Translation readeth Usura, Usury, and ex Usura, out of Usury:
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that Pagnine and Tremelius translate fraus, deceite, and à dolo, from deceite: therefore I will not vrge those places too farre for the confirmation of this argument.
that Pagnine and Tremelius translate fraus, deceit, and à Dole, from deceit: Therefore I will not urge those places too Far for the confirmation of this argument.
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Neither in déede néede I, considering that other places which are alleadged, and may be alleadged in this behalfe, are as D. Wilson said, Manifest scriptures: and as B. Iuel said, euident witnesses to this purpose.
Neither in deed need I, considering that other places which Are alleged, and may be alleged in this behalf, Are as D. Wilson said, Manifest Scriptures: and as B. Iuel said, evident Witnesses to this purpose.
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Unto the Scriptures, I thinke it not much amisse, next to adioyne the Oracle or Prophesie of Sibylla. Not as matching hir authoritie with the canonicall worde of God,
Unto the Scriptures, I think it not much amiss, next to adjoin the Oracle or Prophesy of Sibylla. Not as matching his Authority with the canonical word of God,
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though the heathen calle her Sibyllam, quasi NONLATINALPHABET (after the Aeolian language) à consilijs deorum enuntiandis: because shee reuealed (as they thought) the will of the gods.
though the heathen call her Sibyllam, quasi (After the Aeolian language) à consilijs Gods enuntiandis: Because she revealed (as they Thought) the will of the God's.
For I doe rather reckon the Sibyls in the number of those, which Saint Augustine calleth Prophetae non ipsius: Prophets that were none of Gods ; or, none of Gods Prophets.
For I do rather reckon the Sibyls in the number of those, which Saint Augustine calls Prophets non Himself: prophets that were none of God's; or, none of God's prophets.
Afflatu quodam mirisico, By a meruailous kinde of inspiration: yea, mirifico praepotentis numinis afflatu, By the merueilous inspiration of some mightie God :
Afflatu Quodam mirisico, By a marvelous kind of inspiration: yea, mirifico praepotentis numinis afflatu, By the marvelous inspiration of Some mighty God:
And surely it is no maruaile, though the worde of God, and others speaking by an extraordinarie spirite, haue forbidden and condemned vsurie. For, not to stand vpon that which is of some other alleadged to this purpose,
And surely it is no marvel, though the word of God, and Others speaking by an extraordinary Spirit, have forbidden and condemned Usury. For, not to stand upon that which is of Some other alleged to this purpose,
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And who euer doubted that had common sence, but that the lawes concerning lending so often repeated in the scriptures, doo imploy Officium gratuitum, An office freely, and of méere kindnes,
And who ever doubted that had Common sense, but that the laws Concerning lending so often repeated in the Scriptures, do employ Officium gratuitum, an office freely, and of mere kindness,
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and without recompence to bee performed to our brethren? Therefore Brentius sayd truely, In mutuo exigit lex naturae, vt praeter sortem nihil accipias:
and without recompense to be performed to our brothers? Therefore Brent said truly, In mutuo exigit lex naturae, vt praeter sortem nihil accipias:
Et deprauari vsuris: And that it is depraued, or corrupted by vsurie. As indéed it must ▪ of necessitie bee corrupted by vsurie, considering that lending is free in nature,
Et deprauari vsuris: And that it is depraved, or corrupted by Usury. As indeed it must ▪ of necessity be corrupted by Usury, considering that lending is free in nature,
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2. Secondly, as vsurie ouerturneth the nature, so doth it also the equitie of lending. What equitie is to bee obserued betweene the lender, and the borrower may best appeare by the lawe of God:
2. Secondly, as Usury overturneth the nature, so does it also the equity of lending. What equity is to be observed between the lender, and the borrower may best appear by the law of God:
Now against the equitie of this lawe, the vsurer offendeth diuerse and sundry waies ▪ For if the wordes bee well marked, wee shall sée that in lending God prouided onely that the lender should be no loser:
Now against the equity of this law, the usurer offends diverse and sundry ways ▪ For if the words be well marked, we shall see that in lending God provided only that the lender should be no loser:
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But the vsurer will be sure not onely to saue his owne, but also will couenant and contract, at the least wise he will purpose within himselfe to be a gainer.
But the usurer will be sure not only to save his own, but also will Covenant and contract, At the least wise he will purpose within himself to be a gainer.
Againe, the law of God did repose the hazard, and aduenture of the thing which was lent, vpon ye head of the lender: so as if his goods perished in the borrowers hande, he the owner thereof being by, séeing it,
Again, the law of God did repose the hazard, and adventure of the thing which was lent, upon you head of the lender: so as if his goods perished in the borrowers hand, he the owner thereof being by, seeing it,
So that if there bee any equitie in the lawe which God made for lending, thou certainely there is no equitie but much iniquitie and vnrighteousnes in vsurie.
So that if there be any equity in the law which God made for lending, thou Certainly there is no equity but much iniquity and unrighteousness in Usury.
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now since men made no conscience of this euill, a man cannot borow fiue shillinges, no not xii. pence for a wéeke, but hee must pay an egge for vsurie. Therefore B. Iuel sayd truly, That vsurie is a thing which hardneth the hart. And another as truly, Foenus interficit misericordiam: vsurie cutteth the throat of mercy and compassion.
now since men made no conscience of this evil, a man cannot borrow fiue shillings, no not xii. pence for a Week, but he must pay an egg for Usury. Therefore B. Iuel said truly, That Usury is a thing which Hardeneth the heart. And Another as truly, Foenus interficit misericordiam: Usury cutteth the throat of mercy and compassion.
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S. Iames complaineth of the couetuous men of his time that their ritches corrupted, and their gold and siluer cankred ▪ From whence a learned man yet liuing among vs coniectureth not vnprobably, that the people of that time hated and detested vsurie. For had they not hated vsurie, though of vnmercifulnes they would giue nothing, no nor lend fréely to the poore:
S. James Complaineth of the covetous men of his time that their riches corrupted, and their gold and silver cankered ▪ From whence a learned man yet living among us conjectureth not unprobably, that the people of that time hated and detested Usury. For had they not hated Usury, though of unmercifulness they would give nothing, no nor lend freely to the poor:
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and vsurie is a practise which ouerturneth the nature, the equitie, and the vse of lending: no marueile though God hath so often forbiddē and condemned it in holy Scriptures.
and Usury is a practice which overturneth the nature, the equity, and the use of lending: no marvel though God hath so often forbidden and condemned it in holy Scriptures.
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Vsurie is iustly condemned in the word, as that which is directly opposite, and as it were a sworne professed enemy to Christian charitie. Loue and charitie hath a wonderfull prayse set vpon it by the holy Ghost, S. Paul saith, Loue is the fulfilling of the law.
Usury is justly condemned in the word, as that which is directly opposite, and as it were a sworn professed enemy to Christian charity. Loue and charity hath a wonderful praise Set upon it by the holy Ghost, S. Paul Says, Love is the fulfilling of the law.
Who would not rather trauaile without a burthen vpon his backe, then with a burthen? or who would not haue the sweete and auoyde the sower? euē so, who had not rather haue goods giuē then sold, lent thē let vnto him? wouldest thou so? thē if thou in thy néed wouldest borow fréely,
Who would not rather travail without a burden upon his back, then with a burden? or who would not have the sweet and avoid the sour? even so, who had not rather have goods given then sold, lent them let unto him? Wouldst thou so? them if thou in thy need Wouldst borrow freely,
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yu doest not to him, as thou wouldest be done vnto thy self, & therfore obseruest not the law of charitie. That if (as Vrsinus saith) the questions arising about vsurie may be determined by this speech, or generall rule, Quod tibi non vis fieri alteri ne feceris:
thou dost not to him, as thou Wouldst be done unto thy self, & Therefore observest not the law of charity. That if (as Ursinus Says) the questions arising about Usury may be determined by this speech, or general Rule, Quod tibi non vis fieri Alteri ne feceris:
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nor cannot stād with ye generall rule of charitie. And therefore B. Iuel sayd, Charitas Christiana non foeneratur: Christian charitie putteth not forth to vsurie.
nor cannot stand with you general Rule of charity. And Therefore B. Iuel said, Charitas Christian non foeneratur: Christian charity putteth not forth to Usury.
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First, I say with Chemnitius, Simulatus praetextus est: This pretence which the vsurer maketh, that he would be glad in his need to borrow vpon increase, is fained, and false, and counterfeite.
First, I say with Chemnitz, Simulate praetextus est: This pretence which the usurer makes, that he would be glad in his need to borrow upon increase, is feigned, and false, and counterfeit.
For there is no man (sayth he) which had not rather be relieued in his necessitie by free lending, then by taking vpon vsurie. And where shall you al most finde an vsurer, who if his owne money bee abroad, will very readily borrowe money or wares vpon vsurie, to relieue his present necessitie? Secondly, I say that as touching that spéech of our Sauiour Christ, Whatsoeuer ye would that men should doe to you, euen so doe to them:
For there is no man (say he) which had not rather be relieved in his necessity by free lending, then by taking upon Usury. And where shall you all most find an usurer, who if his own money be abroad, will very readily borrow money or wares upon Usury, to relieve his present necessity? Secondly, I say that as touching that speech of our Saviour christ, Whatsoever you would that men should do to you, even so do to them:
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Looke what a man willeth to bee done to himselfe of a minde well gouerned by loue, and looke what a man willeth to himselfe, scilicet à natura, by the motion and instinct of nature: that let him yéelde in the like case to another:
Look what a man wills to be done to himself of a mind well governed by love, and look what a man wills to himself, scilicet à Nature, by the motion and instinct of nature: that let him yield in the like case to Another:
Now alas, whē a man is driuē into a straight by an vnnaturall necessitie, how can his will well follow the light of nature? And when his will is so tossed vp and downe,
Now alas, when a man is driven into a straight by an unnatural necessity, how can his will well follow the Light of nature? And when his will is so tossed up and down,
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how can his will be saide to be moderated with equitie and reason? And when his straightnes & exigent compelleth him to reach out his hand to vnlawfull meanes,
how can his will be said to be moderated with equity and reason? And when his straightness & exigent compelleth him to reach out his hand to unlawful means,
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Hee doth not as hee woulde bee done vnto, and therefore fulfilleth not (nay hee ouerturneth) the lawe of charitie: and consequentlie hee and his practises are worthilie condemned in the holy Scriptures.
He does not as he would be done unto, and Therefore fulfilleth not (nay he overturneth) the law of charity: and consequently he and his practises Are worthily condemned in the holy Scriptures.
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viz. that 1. It ouerturneth equalitie, and euenho•de in bargaining: because that, 1. It demandeth consideration for that which is none of the vsurers owne.
viz. that 1. It overturneth equality, and euenho•de in bargaining: Because that, 1. It demandeth consideration for that which is none of the usurers own.
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Now that it ouerturneth equitie and euenhoode, the Schoolemen ha•• shewed by these reasons. 1. First, the vsurer demanding increase for that which hee lent:
Now that it overturneth equity and euenhoode, the Schoolmen ha•• showed by these Reasons. 1. First, the usurer demanding increase for that which he lent:
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Vna est ratio principalis quare in mutuo vsura est pròhibita, quia ille qui recipit mutuùm, si aliquid solueret vltra, solueret de re sua, vel propter rem suam:
Una est ratio Principal quare in mutuo Usura est pròhibita, quia Isle qui recipit mutuùm, si Aliquid solueret vltra, solueret de re sua, vel propter remembering suam:
This is one principall reason, why vsurie is forbidden in lending, because if hee that borroweth, should pay anything more then that which he receiued:
This is one principal reason, why Usury is forbidden in lending, Because if he that borroweth, should pay anything more then that which he received:
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Pugnant vsurae cum aequalitate, vsurie (saith he) fighteth with equalitie. And why? His reason followeth, Nemo debet lucrari ex alieno: Accipiens vsuras lucratur de alieno: quia mutuatio transtulit dominium. Non est igitur iustum lucrum. Equalitie saith:
Pugnant vsurae cum aequalitate, Usury (Says he) fights with equality. And why? His reason follows, Nemo debet lucrari ex alieno: Accipiens vsuras lucratur de alieno: quia Mutuatio transtulit dominium. Non est igitur iustum lucrum. Equality Says:
Vt & beneficium sit incolume quod succurrit necessitati, & abstineat se prorsus alieno• Partly, that it may bee a meere or intire good turne, which relieueth necessitie:
Vt & beneficium sit incolume quod succurrit Necessitati, & abstineat se prorsus alieno• Partly, that it may be a mere or entire good turn, which relieveth necessity:
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and partly, that hee which lendeth may wholie abstaine, from taking of that which is another mans. And he addeth further, In hoc enim genere officij, debet suo esse contentus, quem oporteat aliàs ne proprio quidem parcere, vt bonum faciat:
and partly, that he which dares may wholly abstain, from taking of that which is Another men. And he adds further, In hoc enim genere officij, debet Sue esse Contentus, Whom oporteat alias ne Properly quidem parcere, vt bonum Faciat:
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but willingly part with them to do good. Now to receiue more then he lent, is an vniust, or vnequall thing. Out of which spéech of Lactantius, these poyntes may fitlie, and profitablie bee obserued.
but willingly part with them to do good. Now to receive more then he lent, is an unjust, or unequal thing. Out of which speech of Lactantius, these points may fitly, and profitably be observed.
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They say (and it is true,) that vsurie is committed onely in that kinde of lending, which is called mutuum or mutuation ▪ And mutuation is onely of such things,
They say (and it is true,) that Usury is committed only in that kind of lending, which is called mutuum or mutuation ▪ And mutuation is only of such things,
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Now it is euident that in such thinges as passe from man to man by number, or •aight, or measure, the vse of them cannot be seuered from the proprietie,
Now it is evident that in such things as pass from man to man by number, or •aight, or measure, the use of them cannot be severed from the propriety,
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if I lend money, and so with the money the vse of it, as one entire thing (because the vse cannot be seuered frō the proprietie) and I demaunde againe not onely money, which of necessitie bringeth vse with it,
if I lend money, and so with the money the use of it, as one entire thing (Because the use cannot be severed from the propriety) and I demand again not only money, which of necessity brings use with it,
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Et simili ratione iniustitiā committit, qui mutuat vinum, aut triticum, petens sibi duas recompensationes: vnam quidem restitutionem aequalis re•, aliam vero pretium vsus, quod vsura dicitur.
Et simili ratione iniustitiam Committit, qui mutuat vinum, Or triticum, petens sibi Duas recompensationes: vnam quidem restitutionem aequalis re•, aliam vero Price vsus, quod Usura dicitur.
graūt that to bee so, (for indéede who will borow any thing, but in respect of there all commoditie which it is supposed to cary with it?) Yet by that reason, a man may take two prices for many things that are sold. As for the purpose.
grant that to be so, (for indeed who will borrow any thing, but in respect of there all commodity which it is supposed to carry with it?) Yet by that reason, a man may take two Princes for many things that Are sold. As for the purpose.
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Now gold besides the mettall it selfe which is precious, yea and besides the benefite which ariseth from it being coyned, in buying and selling &c. it hath also this reall commoditie, that it is profitable many wayes to Phisicke,
Now gold beside the mettle it self which is precious, yea and beside the benefit which arises from it being coined, in buying and selling etc. it hath also this real commodity, that it is profitable many ways to Physic,
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Therefore, to returne to the purpose, Aristotle who saw much into matters of common societie, sayd that By vsurie was taken away, medium & norma aut regula omnium virtutum:
Therefore, to return to the purpose, Aristotle who saw much into matters of Common society, said that By Usury was taken away, medium & norma Or regula omnium Virtues:
the measure and squire and rule of all vertues: namely Arithmeticall proportion, whereby equall thinges are equallie recompensed, which rule the vsurer obserueth not,
the measure and squire and Rule of all Virtues: namely Arithmetical proportion, whereby equal things Are equally recompensed, which Rule the usurer observeth not,
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And Hemingius saith, Manif•stè inaequalitatem parit: to take gaine for lending, breedeth a manifest inequalitie. And the states assembled in our English Parliament concluded, that It is contrary to the law of naturall iustice.
And hemingius Says, Manif•stè inaequalitatem parit: to take gain for lending, breeds a manifest inequality. And the states assembled in our English Parliament concluded, that It is contrary to the law of natural Justice.
Ac res ostendit (saith Melancthon ) proptèr hanc inaequalitatem exhauriri magnam partem hominum, eamque ob causam saepe seditiones in Imperijs ortas esse:
Ac Rest ostendit (Says Melanchthon) proptèr hanc inaequalitatem exhauriri magnam partem hominum, eamque ob Causam saepe Seditiones in Imperijs ortas esse:
Namely that whereas by the equalitie which is in other contractes, as in buying, in selling, in letting, in exchanging and such like, men doe vsually grow wealthy, in their priuate families,
Namely that whereas by the equality which is in other contracts, as in buying, in selling, in letting, in exchanging and such like, men do usually grow wealthy, in their private families,
The people complaine in the dayes of Nehemiah, that by reason of the burdens (or vsurie, for so Pagnine translateth it vers. 7.) which the richer sorte did impose vpon them, their children were brought into bondage, their lands and vineyardes were gaged to other men, And there was no power in their handes, that is, (as Tremellius wel expoundeth it,) They had no substance or abilitie to redéeme them home againe.
The people complain in the days of Nehemiah, that by reason of the burdens (or Usury, for so Pagnine Translate it vers. 7.) which the Richer sort did impose upon them, their children were brought into bondage, their Lands and vineyards were gaged to other men, And there was no power in their hands, that is, (as Tremellius well expoundeth it,) They had no substance or ability to Redeem them home again.
So dry were they drawen, and so low were they brought by borrowing vpon vsurie. The prophet Amos complaineth bitterly of the oppressors of his time, how they did swallow vp the poore, and make the needie of the land to faile:
So dry were they drawn, and so low were they brought by borrowing upon Usury. The Prophet Amos Complaineth bitterly of the Oppressors's of his time, how they did swallow up the poor, and make the needy of the land to fail:
I haue séene children set forth to sale to pay the fathers debt which accrewed by vsury, (for of that hee speaketh in that place,) and so they became heires of their fathers calamitie, who were not succeeders to their inheritance.
I have seen children Set forth to sale to pay the Father's debt which accrued by Usury, (for of that he speaks in that place,) and so they became Heirs of their Father's calamity, who were not succeeders to their inheritance.
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What should I say more? the Emperour Seuerus allowed the taking of foure in the hundred, Cùm nonnullos foenoris causa agro paterno exutos intellexisset:
What should I say more? the Emperor Severus allowed the taking of foure in the hundred, Cùm Some foenoris causa Agro Paterno exutos intellexisset:
And if forreine examples wanted abroad, yet how pitifull, and howe manifold are our instances at home, of noble mens sonnes by vsurie decaying their houses, of Marchant men by vsurie wasting their stockes, of husbandmen by vsurie compelled to sell their crops aforehand halfe for naught? that nothing is more true then is that saying of Melancthon, namely that a number of men are consumed and drawen dry by vsurie. Which consumption of so many, could not so vsually,
And if foreign Examples wanted abroad, yet how pitiful, and how manifold Are our instances At home, of noble men's Sons by Usury decaying their houses, of Merchant men by Usury wasting their stocks, of husbandmen by Usury compelled to fell their crops aforehand half for nought? that nothing is more true then is that saying of Melanchthon, namely that a number of men Are consumed and drawn dry by Usury. Which consumption of so many, could not so usually,
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Hereof it is also that Chrysostome compared vsurie to the stinging of the serpent Aspis, which casteth a man into a certaine kinde of pleasant and delightfull sléepe:
Hereof it is also that Chrysostom compared Usury to the stinging of the serpent Aspis, which Cast a man into a certain kind of pleasant and delightful sleep:
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V•po•e labores mortalium depescentes: As those that do eate vp the fruites of other mens labours ▪ Hereof also Caelius Secundus calleth vsurie Tabem pestiferā: A deadly or contagious ague. And fitly:
V•po•e labores mortalium depescentes: As those that do eat up the fruits of other men's labours ▪ Hereof also Caelius Secundus calls Usury Tabem pestiferā: A deadly or contagious ague. And fitly:
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Yea the Pope himselfe (who doth not easily condemne sinne and insquitie) compareth vsurie vnto a Gulfe or whirlepoole, which doth deuour soules, and vtterly wasteth wealth.
Yea the Pope himself (who does not Easily condemn sin and insquitie) compareth Usury unto a Gulf or whirlpool, which does devour Souls, and utterly wastes wealth.
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because they haue obserued by experience, that (as B. Iuel sayd) Vsurie consumeth the rioh, eateth vp the poore, maketh bancker outs, vndoeth houshoulds, and (as before was deliuered out of Melancthon ) draweth drie hundreds,
Because they have observed by experience, that (as B. Iuel said) Usury consumeth the rioh, Eateth up the poor, makes bancker outs, undoth Households, and (as before was Delivered out of Melanchthon) draws dry hundreds,
But now, vpon this I know the vsurer is ready to reply, that many haue gained greatly by borowing vpon vsurie. And he will not sticke to giue instances of some, who by this meanes haue recouered their houses and landes which lay to morgage, like to bee lost:
But now, upon this I know the usurer is ready to reply, that many have gained greatly by borrowing upon Usury. And he will not stick to give instances of Some, who by this means have recovered their houses and Lands which lay to mortgage, like to be lost:
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And how then is this such a monstrous decay to priuate families, as you haue before reported? Now, to this I may make answere diuerse and sundry wayes:
And how then is this such a monstrous decay to private families, as you have before reported? Now, to this I may make answer diverse and sundry ways:
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no more doth this, the iniquitie of the vsurer. So that a man may say in this case of him that boroweth as Leo sayd of him that lendeth, Quilibet sequatur euentus, mala semper est ratio foenerantis:
no more does this, the iniquity of the usurer. So that a man may say in this case of him that borroweth as Leo said of him that dares, Quilibet sequatur euentus, mala semper est ratio foenerantis:
Secondly, I say, that though one, or two, or some few haue gained by taking vpon vsurie: yet One swallow maketh not summer, neither can a few gayners, argue this trade to be commodious.
Secondly, I say, that though one, or two, or Some few have gained by taking upon Usury: yet One swallow makes not summer, neither can a few gainers, argue this trade to be commodious.
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Now, tu diuites factos respicis, eos verò qui desperauerunt, animumque desponderunt non numeras: thou lookest to those and repeatest those that haue growne rich by vsurie:
Now, tu diuites factos respicis, eos verò qui desperauerunt, animumque desponderunt non numeras: thou Lookest to those and repeatest those that have grown rich by Usury:
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but thou namest not those which haue growne desperate and faint harted, and haue come to their end by vsurie. D. Wilson hath a pretie historie to this purpose, not vnworthie the remembring.
but thou namest not those which have grown desperate and faint hearted, and have come to their end by Usury. D. Wilson hath a pretty history to this purpose, not unworthy the remembering.
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A man comming into a certaine Church, and séeing it fraught full of Images made of waxe, demaunded what might bee the cause of such an vnwoonted sight? answere was made, that those whom these Images did represent were certaine persons which on a time were saued from drowning, by calling vpon our Lady. Nay then (quoth hee againe,) where bee the Images of those (I pray you) that called vpon our Lady,
A man coming into a certain Church, and seeing it fraught full of Images made of wax, demanded what might be the cause of such an unwonted sighed? answer was made, that those whom these Images did represent were certain Persons which on a time were saved from drowning, by calling upon our Lady. Nay then (quoth he again,) where bee the Images of those (I pray you) that called upon our Lady,
I would demaunde on the other side that hee shew forth the hundreds, and thousands of those, who by that meanes haue vtterly impouerished, and ouerthrowen their owne estate.
I would demand on the other side that he show forth the hundreds, and thousands of those, who by that means have utterly impoverished, and overthrown their own estate.
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Thirdly, I answere to that obiectiō of theirs ( viz. many haue growne riche by taking goodes vpon vsurie, ) with that saying of Hemingius, whom some of thē suppose to be a patron to their practise.
Thirdly, I answer to that objection of theirs (viz. many have grown rich by taking goods upon Usury,) with that saying of hemingius, whom Some of them suppose to be a patron to their practice.
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If by chance (saith hee) there seeme any commoditie to arise from vsurie, that is not to bee ascribed to the lending vpō vsurie, but to the lending which is in vsurie. If a man gaine by borowing vpon vsurie, it is because he borowed, not because he borowed for increase. Borowing yéeldeth a benefite:
If by chance (Says he) there seem any commodity to arise from Usury, that is not to be ascribed to the lending upon Usury, but to the lending which is in Usury. If a man gain by borrowing upon Usury, it is Because he borrowed, not Because he borrowed for increase. Borrowing yieldeth a benefit:
and the people are compelled to buy his wares at a higher and greater price. Wherefore S. Chrysostome sayd well, Foeneratorem communem esse hostem omnium, that the vsurer is a common enemie to all the common weale.
and the people Are compelled to buy his wares At a higher and greater price. Wherefore S. Chrysostom said well, Foeneratorem communem esse hostem omnium, that the usurer is a Common enemy to all the Common weal.
Now then what is this, but euen to saue a sticke, and burne a house, to saue aioynt and loose the body, to helpe one and spoyle a thousand? and this is the best effect of some mens gaining by vsurie. Therefore sayd Bodine well, Nulla est tenuium subleuandorum via compendiosior, quàm omne genus foenoris ex lege diuina prohiber•:
Now then what is this, but even to save a stick, and burn a house, to save ajoint and lose the body, to help one and spoil a thousand? and this is the best Effect of Some men's gaining by Usury. Therefore said Bodine well, Nulla est tenuium subleuandorum via compendiosior, quàm omne genus foenoris ex lege Divine prohiber•:
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they durst oppose themselues by themselues against the Romaines. Hodie in delicijs, & are alieno, & gloriam bellicam & germanicam integritatem amiserunt:
they durst oppose themselves by themselves against the Romans. Hodie in delicijs, & Are alieno, & gloriam bellicam & germanicam integritatem amiserunt:
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The Spaniardes giue testimonie to this, who are sayd to loose their gaine which they gather among the Indians, by the vsurie which vpon their returne they bargaine to paye vnto the Genowaies. Yea England hath in former ages giuen testimonie to this:
The Spaniards give testimony to this, who Are said to lose their gain which they gather among the Indians, by the Usury which upon their return they bargain to pay unto the Genowaies. Yea England hath in former ages given testimony to this:
for the vsurie which they exacted of the Christians. What should I say more? Cornelius Tacitus speaketh thus of the estate of Rome. Sane vetus vrbi foenebre malum, & seditionum discordiarumque creberrima causa:
for the Usury which they exacted of the Christians. What should I say more? Cornelius Tacitus speaks thus of the estate of Room. Sane Vetus Urbi foenebre malum, & seditionum discordiarumque creberrima causa:
and so generally ouerturned by vsurie: but euen from the vnreasonablenesse, inequalitie, want of euenhoode, and want of due proportion committed in the very maner of the contracting it selfe?
and so generally overturned by Usury: but even from the unreasonableness, inequality, want of euenhoode, and want of due proportion committed in the very manner of the contracting it self?
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Lycurgus draue all the vsurers out of Sparta. Agis brent all the vsurers bookes in Athens: which fact Agesilaus beholding, saide that hee neuer sawe Clarius lumen, or (as Northbrooke reporteth it) Puriorem ignem, a more cleare, or excellent,
Lycurgus drove all the usurers out of Sparta. Agis brent all the usurers books in Athens: which fact Agesilaus beholding, said that he never saw Clarius lumen, or (as Northbrook Reporteth it) Puriorem Ignem, a more clear, or excellent,
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Solon tooke away the vsurers bookes and gaines, and brought in nouas tabulas, new lawes, or statutes, which are saide in gréeke to bee NONLATINALPHABET,
Solon took away the usurers books and gains, and brought in nouas tabulas, new laws, or statutes, which Are said in greek to be,
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And Cornelius Tacitus saith of it, Cohibebatur antiquis, & minus corruptis moribus: It was restrained in auntient times, when manners were lesse corrupted among them.
And Cornelius Tacitus Says of it, Cohibebatur antiquis, & minus corruptis moribus: It was restrained in ancient times, when manners were less corrupted among them.
And the reason why they abhorred vsurie (saith Appian ) was this, Because it was a trafique, very burdensome to the poore, and a thing that ministred matter of strife and enmitie.
And the reason why they abhorred Usury (Says Appian) was this, Because it was a traffic, very burdensome to the poor, and a thing that ministered matter of strife and enmity.
Wee reade further cōcerning the histories of the Romaines, that Cato fréed all Sicilia of vsurie. Genitius the Tribune made a decrée against vsurie. Iulius Caesar tooke order that creditours should be payed, deducta summa aeris alieni, si quid vsurae nomine numeratum, aut praescriptum fuisset:
we read further Concerning the histories of the Romans, that Cato freed all Sicilia of Usury. Genitius the Tribune made a Decree against Usury. Julius Caesar took order that creditors should be paid, deducta summa aeris Alieni, si quid vsurae nomine numeratum, Or praescriptum fuisset:
The Frenchmen liked it not S. Lewis the King of Fraunce, returning home from Dameata, a citie in AEgypt, sometimes called Memphis,) Commaunded all vsurers, Iewes, Disers, or gamesters, and blasphemers of God, to depart, out of his kingdome. The Englishmen neuer liked it:
The Frenchmen liked it not S. Lewis the King of France, returning home from Dameata, a City in Egypt, sometime called Memphis,) Commanded all usurers, Iewes, Disers, or gamesters, and blasphemers of God, to depart, out of his Kingdom. The Englishmen never liked it:
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haue all doted with a generall consent, and bene vtterly deceiued in this one case of vsurie? or shall we not rather thinke, that these men saw in reason a marueilous inconueniēce, arising from this kind of bargaining, which inferred a destruction vpō their gouernement and countrey? which if men in carnall reason did finde out by experience, no marueile though God who is the planter, preseruer,
have all doted with a general consent, and be utterly deceived in this one case of Usury? or shall we not rather think, that these men saw in reason a marvelous inconvenience, arising from this kind of bargaining, which inferred a destruction upon their government and country? which if men in carnal reason did find out by experience, no marvel though God who is the planter, preserver,
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but that is immoderate, extreme, oppressing, griping, and byting vsurie. So as hence it followeth not, that this should bee ascribed as an ordinarie effect to euery degrée,
but that is immoderate, extreme, oppressing, gripping, and biting Usury. So as hence it follows not, that this should be ascribed as an ordinary Effect to every degree,
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We read that Iustinian ordeined by his decrée, that noble men might let for foure in the hundred, marchants for eight in the hundred, Aduenturers for twelue in the hundred, all other common persons for sixe in the hundred.
We read that Iustinian ordained by his Decree, that noble men might let for foure in the hundred, Merchants for eight in the hundred, Adventurers for twelue in the hundred, all other Common Persons for sixe in the hundred.
and by his practise, as it were pull downe the higher price of vsurie. Long before them all, V. Publicula ▪ M. Rutilius, Hortensius the dictator, and others moderated vsurie in Rome. Lucullus restrained the vsurers in Asia: And Tullie in Sicilia. Yea when the Romanes were in their florishing estate, they decreed by their ••tables, that no man should take aboue one ounce (that is one pound) in the hundred. Dein, rogatione tribunitia ad Semuntias redacta:
and by his practice, as it were pull down the higher price of Usury. Long before them all, V. Publicola ▪ M. Rutilius, Hortensius the dictator, and Others moderated Usury in Room. Lucullus restrained the usurers in Asia: And Tullie in Sicilia. Yea when the Romans were in their flourishing estate, they decreed by their ••tables, that no man should take above one ounce (that is one pound) in the hundred. Dein, rogatione tribunitia ad Semuntias redacta:
But yet for all that, Postremò vetita vsura (sayth Tacitus: ) they sawe the inconuenience of that moderated vsurie, to proue so great, that at the last all vsurie was forbidden:
But yet for all that, Postremò vetita Usura (say Tacitus:) they saw the inconvenience of that moderated Usury, to prove so great, that At the last all Usury was forbidden:
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And as it was among the Romanes, so haue we had a tast of it in this realme of England. In the daies of Henrie the eight, vsurie was tolerated to tenne in the hundred:
And as it was among the Romans, so have we had a taste of it in this realm of England. In the days of Henry the eight, Usury was tolerated to tenne in the hundred:
and these Alcyon daies of Queene Elizabeth, haue permitted it in the one case of Orphanes. Thus princes haue from time to time done that ▪ which onely they could doe:
and these Alcyon days of Queen Elizabeth, have permitted it in the one case of Orphans. Thus Princes have from time to time done that ▪ which only they could do:
if the vsurers trade be not at this day the only gaine of England. And therfore although I wil not take vpon me to censure the estate nor statute now in force, (for I know that policie must tolerate those things which cannot bee abolished:) yet I doubt not,
if the usurers trade be not At this day the only gain of England. And Therefore although I will not take upon me to censure the estate nor statute now in force, (for I know that policy must tolerate those things which cannot be abolished:) yet I doubt not,
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It is the safest way to cut off (or to pull vp) not only the greater rootes, but also all the small strings of vsurie: and not to permit it to the common weale,
It is the Safest Way to Cut off (or to pull up) not only the greater roots, but also all the small strings of Usury: and not to permit it to the Common weal,
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For what can be more vnrighteous, then for a man to exacte gaine for that which is none of his owne? or to take two recompences for one and the same thing? yea, I may adde the third reason, to those two of the schoolemen.
For what can be more unrighteous, then for a man to exact gain for that which is none of his own? or to take two recompenses for one and the same thing? yea, I may add the third reason, to those two of the Schoolmen.
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when the other is sure of none? by reason of which vnrighteousnes and inequalitie in this kind of contracting, we sée how vsually and ordinarily families are decayed, & kingdomes ouerthrowen.
when the other is sure of none? by reason of which unrighteousness and inequality in this kind of contracting, we see how usually and ordinarily families Are decayed, & kingdoms overthrown.
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And therfore no maruaile if God whose prouidence watcheth ouer euery kingdome, yea ouer euery familie in the world, hath so euidently and so expresly condemned it in the word.
And Therefore no marvel if God whose providence watches over every Kingdom, yea over every family in the world, hath so evidently and so expressly condemned it in the word.
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For this is not the least that can be sayd against it, namely that it is a practise which is iudged and condemned in the vsurers owne conscience. And that may appeare by diuerse and sundry reasons.
For this is not the least that can be said against it, namely that it is a practice which is judged and condemned in the usurers own conscience. And that may appear by diverse and sundry Reasons.
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First, they will not willingly be knowne to be vsurers: no some of them will protest and sweare déepely that they are no vsurers. And that they may not bée knowne to bee such as they are, they will either lende very closely, requiring faithful secrecie of the borrower:
First, they will not willingly be known to be usurers: no Some of them will protest and swear deeply that they Are no usurers. And that they may not been known to be such as they Are, they will either lend very closely, requiring faithful secrecy of the borrower:
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or they will when they haue couenanted for gaine, take certaine notes, or (as I may cal them) certaine letters pattens, consigned with the borrowers hand, in which he shal make it knowne to all men by those presents, that the vsurer hath lent him freely ▪ and without any motion of increase.
or they will when they have covenanted for gain, take certain notes, or (as I may call them) certain letters pattens, consigned with the borrowers hand, in which he shall make it known to all men by those presents, that the usurer hath lent him freely ▪ and without any motion of increase.
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there is none of this trade, but doth both in speaking, and writing, disdaine (nay abhorre) the name and title of an vsurer. Thirdly, that in their consciences they finde this to bee no lawfull practise, may appeare, in that they dare not call a spade, a spade,
there is none of this trade, but does both in speaking, and writing, disdain (nay abhor) the name and title of an usurer. Thirdly, that in their Consciences they find this to be no lawful practice, may appear, in that they Dare not call a spade, a spade,
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or such a man taketh vsurie: they say in somewhat a finer phrase, hee taketh vsance, or he taketh interest, or he taketh consideration: as being indéede ashamed of the direct name of vsurie. Now what doth the séeking of such couerts argue,
or such a man Takes Usury: they say in somewhat a finer phrase, he Takes usance, or he Takes Interest, or he Takes consideration: as being indeed ashamed of the Direct name of Usury. Now what does the seeking of such coverts argue,
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because with an euil conscience or against his conscience, hee sinneth willingly, and of set purpose, (for so M. Caluine speaketh vpon that place:) so I am afraid it may bee sayd of a number of them, that in their sinning, they are condemned of themselues:
Because with an evil conscience or against his conscience, he Sinneth willingly, and of Set purpose, (for so M. Calvin speaks upon that place:) so I am afraid it may be said of a number of them, that in their sinning, they Are condemned of themselves:
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and Consistorium, A consistorie: because in it men are conuented, accused, examined, acquited, or condemned, as before the iudgement seate of the magistrate, or consistorie of the church.
and Consistory, A consistory: Because in it men Are Convicted, accused, examined, acquitted, or condemned, as before the judgement seat of the magistrate, or consistory of the Church.
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because (as I take it) the lawe which passeth and ruleth in this courte for currant, is not onely the written worde of God, where it is knowne and receiued,
Because (as I take it) the law which passes and Ruleth in this court for currant, is not only the written word of God, where it is known and received,
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And what are their consciences? iudgement seates erected of God in their heartes, in which the lawe of nature doth rule and pronounce sentence vpon them.
And what Are their Consciences? judgement seats erected of God in their hearts, in which the law of nature does Rule and pronounce sentence upon them.
And what is this lawe of nature? Bullinger sayd, Est dictamen conscientiae, adeòque directio quaedam, ab ipso Deo hominum animis & cordibus insita, admonens quid vel faciant, vel omittant.
And what is this law of nature? Bullinger said, Est dictamen conscientiae, adeòque directio quaedam, ab ipso God hominum animis & cordibus Insita, admonens quid vel faciant, vel omittant.
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The lawe of nature is the verdict of the conscience, and a certaine direction of God himselfe, ingrauen in the mindes of men, teaching them what to doe, and what to omit.
The law of nature is the verdict of the conscience, and a certain direction of God himself, engraved in the minds of men, teaching them what to do, and what to omit.
The participation of the eternall lawe of God, in the reasonable creature. Others say it is, Sententia communis, cui omnes homines pariter assentimur, atque adeò quam Deus insculpsit cuiusque animo, ad formandos moros accommodatam.
The participation of the Eternal law of God, in the reasonable creature. Others say it is, Sententia Communis, cui omnes homines pariter assentimur, atque adeò quam Deus insculpsit cuiusque animo, ad formandos moros accommodatam.
as Musculus also proueth by these argumentes. First, because it approueth good, and condemneth euill. Secondly, because it is not attained by learning, and art.
as Musculus also Proves by these Arguments. First, Because it approveth good, and Condemneth evil. Secondly, Because it is not attained by learning, and art.
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The law of nature is put into vs of God, and this lawe of nature is the squire of the conscience: and the conscience of the vsurer condemneth him of euill:
The law of nature is put into us of God, and this law of nature is the squire of the conscience: and the conscience of the usurer Condemneth him of evil:
For what difference is there betwéene the lawe of nature, and the written worde, but this, that the latter is as it were a termination, and specification of the former:
For what difference is there between the law of nature, and the written word, but this, that the latter is as it were a termination, and specification of the former:
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Not so much because it is against nature, for money to begette money, (in which sence one saide that vsurie was Sodomia naturae, a kinde of Sodomie in nature :) but because it doth contrarie the verdit of the conscience, and so by consequent the lawe of nature, which ruleth in the same.
Not so much Because it is against nature, for money to beget money, (in which sense one said that Usury was Sodomy naturae, a kind of Sodomy in nature:) but Because it does contrary the verdict of the conscience, and so by consequent the law of nature, which Ruleth in the same.
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séeng it ouer-turneth charitie, and the rule of charitie, doe as thou wouldest be done vnto séeing it carieth with it so much inequalitie, as it is by that meanes the vsuall ouerthrowe of priuate families and publique estates:
seeing it overturneth charity, and the Rule of charity, do as thou Wouldst be done unto seeing it Carrieth with it so much inequality, as it is by that means the usual overthrown of private families and public estates:
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That neuer appeared more euidently, in any one thing, then in this case of vsurie. For although those places of Moses, before alleadged, out of the bookes of Exodus, Leuiticus, and Deuteronomie, be as plaine,
That never appeared more evidently, in any one thing, then in this case of Usury. For although those places of Moses, before alleged, out of the books of Exodus, Leviticus, and Deuteronomy, be as plain,
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For, although those lawes of Moses be acknowledged, and confessed to be morall, yet euen then, they binde vs no further, then equitie, and humanitie will permit:
For, although those laws of Moses be acknowledged, and confessed to be moral, yet even then, they bind us no further, then equity, and humanity will permit:
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But now, what if mine enemie, be also a malitious professed enemie to God? What if my liberalitie, bee like to minister fewell to his malice? What if I cannot both féede him,
But now, what if mine enemy, be also a malicious professed enemy to God? What if my liberality, be like to minister fuel to his malice? What if I cannot both feed him,
For, though the lawe of Moses, concerning vsurie, be confessed to be morall : yet must equitie, and humanitie, prescribe boundes, and limites thereunto.
For, though the law of Moses, Concerning Usury, be confessed to be moral: yet must equity, and humanity, prescribe bounds, and Limits thereunto.
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why those precepts of Moses, concerning vsurie, shoulde be reckoned among the iudiciall, and not among the morall lawes. For first, sure I am, that most learned men, of all ages,
why those Precepts of Moses, Concerning Usury, should be reckoned among the judicial, and not among the moral laws. For First, sure I am, that most learned men, of all ages,
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As for instance, (to goe no further, then mine owne reading) among the Fathers, Basile, Chrysostome, Clemens Alexandrinus, Gregorius Nissenus, Origen, Ambrose, Ciprian, Augustine, Hierome and others:
As for instance, (to go no further, then mine own reading) among the Father's, Basil, Chrysostom, Clemens Alexandrian, Gregorius Nissenus, Origen, Ambrose, Cyprian, Augustine, Jerome and Others:
among the late writers, Luther, Melancthon, Brentius, Musculus, Chemnitius, Aretius, Hemingius, Wigandus, Zegedinus, Molanus, Viguerius, Wolphius, and a number of others:
among the late writers, Luther, Melanchthon, Brent, Musculus, Chemnitz, Aretius, hemingius, Wigandus, Zegedinus, Molanus, Viguerius, Wolphius, and a number of Others:
as Caluin, Bucer, Bullinger, Danaeus, Lauater, Carolus Molineus, and some others, haue iudged those lawes of Moses, to be but Iudiciall, and therefore haue tolerated,
as Calvin, Bucer, Bullinger, Danaeus, Lauater, Carolus Molineus, and Some Others, have judged those laws of Moses, to be but Judicial, and Therefore have tolerated,
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and suspition of my selfe, nor without great reuerence yéelded to them: and after a sort, leaue, and pardon, and license craued of them. Especially M. Caluin :
and suspicion of my self, nor without great Reverence yielded to them: and After a sort, leave, and pardon, and license craved of them. Especially M. Calvin:
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who for his paines taken in the Church of God, may bee truly called, (as not long since he was called, in this towne) venerable or honorable Caluin, whose modestie, humilitie, sobrietie, learning,
who for his pains taken in the Church of God, may be truly called, (as not long since he was called, in this town) venerable or honourable Calvin, whose modesty, humility, sobriety, learning,
For mine own part, I doe so honour the soundnesse of his doctrine, and the excellency of his gifts, that I highly thanke God that euer his bookes were extant in the world:
For mine own part, I do so honour the soundness of his Doctrine, and the excellency of his Gifts, that I highly thank God that ever his books were extant in the world:
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And although if a man should call me a Caluiniste, (as the Papistes call vs all in disgrace) I would say with Zanchius, Caluinianum me esse pernego: I deny to beare the name of a Caluiniste, more then of a Lutheran, or a Zuinglian, or some other.
And although if a man should call me a Caluiniste, (as the Papists call us all in disgrace) I would say with Zanchius, Caluinianum me esse pernego: I deny to bear the name of a Calvinist, more then of a Lutheran, or a Zuinglian, or Some other.
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so, if it were lawfull to erre with any mā, I would erre with M. Caluin. And I had rather hold with him in some things which ye world iudgeth to be errours:
so, if it were lawful to err with any man, I would err with M. Calvin. And I had rather hold with him in Some things which you world Judgeth to be errors:
and partly because that this opinion of vsurie, neither concerneth any article of faith, nor any thing which by consequence followeth vpō an article of faith:
and partly Because that this opinion of Usury, neither concerns any article of faith, nor any thing which by consequence follows upon an article of faith:
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both which must cōcurre by the iudgemēt of diuines to the constitution, and naming of an heresie. But his errour I hope I may cal it without offēce, not onely because my selfe (which is little) doe déeme it so to bee:
both which must concur by the judgement of Divines to the constitution, and naming of an heresy. But his error I hope I may call it without offence, not only Because my self (which is little) do deem it so to be:
but also (and much rather) because hee, and the rest of his opinion, are in this point surcharged with a multitude of learned men, of the contrary iudgement, as hath bene before declared.
but also (and much rather) Because he, and the rest of his opinion, Are in this point surcharged with a multitude of learned men, of the contrary judgement, as hath be before declared.
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Yea, and because S. Hierome sayd well, Non statim multitudinis acquiescamus iudicio, we must not presently, (without further consideration) rest vpon the iudgement of the multitude :
Yea, and Because S. Jerome said well, Non Immediately multitudinis acquiescamus Judicio, we must not presently, (without further consideration) rest upon the judgement of the multitude:
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And thirdly it must be noted, that Caluin and Bucer and others of that iudgement did (as D. Wilson hath well obserued) somwhat inlarge this law by a charitable exposition, partly for the hardnesse of mens harts, and partly for verie necessities sake, to helpe the needie banished men then dwelling among them.
And Thirdly it must be noted, that Calvin and Bucer and Others of that judgement did (as D. Wilson hath well observed) somewhat enlarge this law by a charitable exposition, partly for the hardness of men's hearts, and partly for very necessities sake, to help the needy banished men then Dwelling among them.
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thirdly because Caluin him selfe when he hath deliuered this opinion of vsurie, requireth that no man stand vpon his iudgement for the full and absolute determination of this controuersie.
Thirdly Because Calvin him self when he hath Delivered this opinion of Usury, requires that no man stand upon his judgement for the full and absolute determination of this controversy.
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it is not otherwise like, but that the preceptes of Moses concerning vsurie, are partes and parcels of the morall law. For Dauid in the 50. Psalme reckoneth it among morall duties.
it is not otherwise like, but that the Precepts of Moses Concerning Usury, Are parts and parcels of the moral law. For David in the 50. Psalm Reckoneth it among moral duties.
adstercoreos deos attollat oculos suos abhominationem faciens, in vsuram det, & foenus accipiat: hath lift vp his eyes to Idols, committing abhomination.
adstercoreos Gods attollat Eyes suos abhominationem Faciens, in vsuram debt, & Foenus Accept: hath lift up his eyes to Idols, committing abomination.
Of which coupling of those sinnes in that place togither, S. Ambrose hath thus obserued, vide quomodo foenatorem cum Idololatria copulauit, quasi crimen aequaret:
Of which coupling of those Sins in that place together, S. Ambrose hath thus observed, vide quomodo foenatorem cum Idolatry copulauit, quasi crimen aequaret:
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Now, who knoweth not, that no breach of the Iudiciall law is equall to Idolatrie, and that Idolatrie is one of the greatest trespasses against the morall law? If therefore vsurie doe in any measure answere Idolatrie, it will follow from thence, that the committing thereof, is a breach of the morall law.
Now, who Knoweth not, that no breach of the Judicial law is equal to Idolatry, and that Idolatry is one of the greatest Trespasses against the moral law? If Therefore Usury do in any measure answer Idolatry, it will follow from thence, that the committing thereof, is a breach of the moral law.
And it is certaine, that besides their sonnes Caine and Habell natae sunt eis etiā filiae (as Iosephus speaketh) there were also daughters borne vnto Adam and Heuah, howsoeuer they be not mentioned (because there was no great occasion to mention them) in the Scriptures.
And it is certain, that beside their Sons Cain and Habel natae sunt eis etiā Filial (as Iosephus speaks) there were also daughters born unto Adam and Hevah, howsoever they be not mentioned (Because there was no great occasion to mention them) in the Scriptures.
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So then of a daughter of Adam which was Caines owne sister, did Caine make a wife and beget issue, cōtrary to that law which sayd, Thou shalt not discouer the shame of thy sister, the daughter of thy mother.
So then of a daughter of Adam which was Caines own sister, did Cain make a wife and beget issue, contrary to that law which said, Thou shalt not discover the shame of thy sister, the daughter of thy mother.
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but that they were branches of the morall law. And if any man will obiect against this instance of Caine, that the law of Incest was to be broken in the first creation for very necessities sake:
but that they were branches of the moral law. And if any man will Object against this instance of Cain, that the law of Incest was to be broken in the First creation for very necessities sake:
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howsoeuer they receiued sometime some such exception, as can no way exempt them from the compasse of the morall law ? But that remaineth afterwardes to be declared.
howsoever they received sometime Some such exception, as can no Way exempt them from the compass of the moral law? But that remains afterwards to be declared.
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Lastly for this first obiecton, the very reasons which God annexeth as appendices or appurtenances to the lawes of vsurie, may euince them to bee morall. For the Lord sayth in Exodus, Yee shall not oppresse him with vsurie.
Lastly for this First obiecton, the very Reasons which God annexeth as Appendices or appurtenances to the laws of Usury, may evince them to be moral. For the Lord say in Exodus, Ye shall not oppress him with Usury.
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and therefore if vsurie bee oppression of thy neighbour (as after shall bee shewed) then without question vsurie is against the morall law. Againe, Moses alledgeth this for a reason why GOD forbiddeth a mā to take vsurie of his brother:
and Therefore if Usury be oppression of thy neighbour (as After shall be showed) then without question Usury is against the moral law. Again, Moses allegeth this for a reason why GOD forbiddeth a man to take Usury of his brother:
are things, the forbidding, or commaunding whereof belongeth to the morall lawe. And therefore in consideration of the premises, I conclude it to bee mine opinion (submitting my reasons to them that are able to confute these,
Are things, the forbidding, or commanding whereof belongeth to the moral law. And Therefore in consideration of the premises, I conclude it to be mine opinion (submitting my Reasons to them that Are able to confute these,
and to alleadge better to the contrarie) that the precepts concerning vsurie deliuered by Moses, and afterwarde reuiued by the Prophets, are essentiall branches and parts not of the iudiciall or politicall lawe, which was proper to those times and that nation of the Iewes :
and to allege better to the contrary) that the Precepts Concerning Usury Delivered by Moses, and afterward revived by the prophets, Are essential branches and parts not of the judicial or political law, which was proper to those times and that Nation of the Iewes:
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yea and by them vsurie is in some case suffered and permitted. For Moses saith, Deut 23. Extraneo foeneraberis, vnto a stranger thou maist lende vpon vsurie.
yea and by them Usury is in Some case suffered and permitted. For Moses Says, Deuteronomy 23. Extraneo foeneraberis, unto a stranger thou Mayest lend upon Usury.
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and therefore sith vsurie is forbidden to the one and permitted to the other, it séemeth that it is no transgression against the morall lawe. Answer. To this I answer.
and Therefore sith Usury is forbidden to the one and permitted to the other, it Seemeth that it is no Transgression against the moral law. Answer. To this I answer.
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Ergo, they are no parte of the morall lawe. For, besides the instance afore giuen of incest, it is manifest that many other morall lawes haue by the speciall dispensation of God the lawe giuer, receiued euident exceptions.
Ergo, they Are no part of the moral law. For, beside the instance afore given of Incest, it is manifest that many other moral laws have by the special Dispensation of God the law giver, received evident exceptions.
and in like manner, this may be a morall lawe, Thou shalt not lende to vsurie, and yet vpon speciall occasion receiue this speciall exception, extraneo foeneraberis, to a stranger thou maiest lend vpon vsurie. And no maruaile:
and in like manner, this may be a moral law, Thou shalt not lend to Usury, and yet upon special occasion receive this special exception, extraneo foeneraberis, to a stranger thou Mayest lend upon Usury. And no marvel:
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and dispensation, euen to his morall lawe. Secondly, I answer to this obiection : that in this spéech of Moses, vnto a stranger thou maist lend vpon vsurie:
and Dispensation, even to his moral law. Secondly, I answer to this objection: that in this speech of Moses, unto a stranger thou Mayest lend upon Usury:
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I am not ignorant, that some by the name of a stranger in that place, doe comprehende all the nations and countries adiacent to Palestina, as Egypt, Syria, the Iles of the sea, and such like.
I am not ignorant, that Some by the name of a stranger in that place, do comprehend all the Nations and countries adjacent to Palestine, as Egypt, Syria, the Isles of the sea, and such like.
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which it is not likely, the holy Ghost would altogether haue omitted, (if it had béen so) to note a difference of the Iewish traffique, betweene themselues and with other nations.
which it is not likely, the holy Ghost would altogether have omitted, (if it had been so) to note a difference of the Jewish traffic, between themselves and with other Nations.
I doe therefore vnderstand with S. Ambrose, by the name of strangers in that place, the Amalekites and Amorites, and the other nations of the Gentiles :
I do Therefore understand with S. Ambrose, by the name of Strangers in that place, the Amalekites and amorites, and the other Nations of the Gentiles:
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which being not vtterly rooted out by the Israelites, at their first entrance into the lande of Canaan, grew vp and increased among them, to their incredible annoyance.
which being not utterly rooted out by the Israelites, At their First Entrance into the land of Canaan, grew up and increased among them, to their incredible annoyance.
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So Paulus Fagius saith, that diuerse learned men conceiued of that place, Sunt quidam in hac sententia, quod haec vsura de qua hic agitur, solum concessa fuerit Iudaeis, in septem illas gentes quarum vniuersam facultatem dominus Israelitis tradidit:
So Paulus Fagius Says, that diverse learned men conceived of that place, Sunt quidam in hac sententia, quod haec Usura de qua hic agitur, solum concessa fuerit Iudaeis, in September Illas gentes Whom vniuersam facultatem dominus Israelites tradidit:
There are some of this opinion, that the vsurie here spoken of, was onelie permitted to the Iewes, to be exercised vpon these seuen nations, all whose goods God had giuen to Israel.
There Are Some of this opinion, that the Usury Here spoken of, was only permitted to the Iewes, to be exercised upon these seuen Nations, all whose goods God had given to Israel.
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and they render in that their exposition, a reason why God permitted the Iewes, to exact vsurie of those strangers: Illas enim deus exitio destinauerat, & paulatim consumi volebat:
and they render in that their exposition, a reason why God permitted the Iewes, to exact Usury of those Strangers: Illas enim deus Exitio destinauerat, & Gradually consumi volebat:
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and to eate them vp, therefore towards them he permitted vsurie. S. Ambrose hath a notable sentence of that spéech of Moses, Extraneo foeneraberis, to a stranger then maist lend vpon vsurie.
and to eat them up, Therefore towards them he permitted Usury. S. Ambrose hath a notable sentence of that speech of Moses, Extraneo foeneraberis, to a stranger then Mayest lend upon Usury.
Quem bello •on potes facilè vincere, d• hoc citò potes centesima vendicare te: Of him (saith Moses ) demaunde vsurie, whom thou willinglie desirest to harme.
Whom bello •on potes facilè vincere, d• hoc citò potes centesima vendicare te: Of him (Says Moses) demand Usury, whom thou willingly Desirest to harm.
Against whom thou maiest take vp weapon, vpon him maiest thou lawfullie impose vsurie, whom thou canst not overcome by force of armes in battaile, of him maiest thou soone ridde, and frée thy selfe by vsurie. And againe, Ab hoc vsuram exige, quem non sit crimen occidere:
Against whom thou Mayest take up weapon, upon him Mayest thou lawfully impose Usury, whom thou Canst not overcome by force of arms in battle, of him Mayest thou soon rid, and free thy self by Usury. And again, Ab hoc vsuram exige, Whom non sit crimen occidere:
Therefore, where warre is lawfull, there onely is vsurie lawfull also. The sentence of Ambrose, importeth, that because it was lawfull for the Iewes, any way to annoy the gentiles, yea to leauie warre against them,
Therefore, where war is lawful, there only is Usury lawful also. The sentence of Ambrose, imports, that Because it was lawful for the Iewes, any Way to annoy the Gentiles, yea to leavy war against them,
Thirdly I answere vnto this obiection, that although in that place of Deuteronomie, there should bee comprehended vnder the name of straunger all the nations of the world, with which the Iewes had to deale in traffique:
Thirdly I answer unto this objection, that although in that place of Deuteronomy, there should be comprehended under the name of stranger all the Nations of the world, with which the Iewes had to deal in traffic:
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least the Iewes being couetously minded, should exercise that tyrannie towardes their owne brethren and he was contented to permit them to lend for vsurie to some,
lest the Iewes being covetously minded, should exercise that tyranny towards their own brothers and he was contented to permit them to lend for Usury to Some,
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As we sée this to be the grieuous euill of these dayes, that because some men may not lend vpon vsurie, therefore they shut vp their cōpassion from lending at all. Chen•nitius saith well, that:
As we see this to be the grievous evil of these days, that Because Some men may not lend upon Usury, Therefore they shut up their compassion from lending At all. Chen•nitius Says well, that:
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Vt in societate ciuili istius populi peiora vitarentur, minora quaedam mala, non quidem approbauit, sed forensi & politico fine toleranda permisit hactenus, quod per magistratum ciuilem non puniebantur.
Vt in Societate ciuili This People peiora vitarentur, Minor quaedam mala, non quidem approbauit, sed forensi & politico fine toleranda permisit Hactenus, quod per magistratum ciuilem non puniebantur.
he did not approue, but tolerate, to a Politicall end, and purpose, certaine smaller euils, so farre onely that they should not be punished of the ciuill Magistrate.
he did not approve, but tolerate, to a Political end, and purpose, certain smaller evils, so Far only that they should not be punished of the civil Magistrate.
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And therefore, M. Beza speaking of that same bill of diuorce, which Moses tolerated amōg the Iewes for the hardnesse of their harts, doth exemplifie that fact of his, by that toleration of vsurie, which Magistrates,
And Therefore, M. Beza speaking of that same bill of divorce, which Moses tolerated among the Iewes for the hardness of their hearts, does exemplify that fact of his, by that toleration of Usury, which Magistrates,
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For, Galatinus reporteth out of their Talmud, yt it was the iudgement of the Iewish Rabbines, that in that place of the Psalme, He that hath not giuen his money to vsurie, God did not onely forbid it towardes the Iewes:
For, Galatinus Reporteth out of their Talmud, that it was the judgement of the Jewish Rabbis, that in that place of the Psalm, He that hath not given his money to Usury, God did not only forbid it towards the Iewes:
but etiam ad vsuram Goi, euen toward him, which was a Gentile. Therefore we sée, that as Polygamie, or the hauing of many wiues, was long tolerated among the Fathers,
but etiam ad vsuram Goi, even towards him, which was a Gentile. Therefore we see, that as Polygamy, or the having of many wives, was long tolerated among the Father's,
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then was it absolutely and generally condemned, first by Dauid as the Iewes themselues confesse, and afterward morefully by Ezekiell, as appeareth in his prophecie.
then was it absolutely and generally condemned, First by David as the Iewes themselves confess, and afterwards morefully by Ezekiel, as appears in his prophecy.
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And therefore S. Hierome writeth thus vpon that place of Ezekiell : dicitur Deut. 23. fraetri non foeneraberis, alieno foeneraberis. Sed vide profectum.
And Therefore S. Jerome Writeth thus upon that place of Ezekiel: dicitur Deuteronomy 23. fraetri non foeneraberis, alieno foeneraberis. Said vide profectum.
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Vndè quod Moses concessit filijs Israel, extraneis ad vsuram accommodare, permissiuè fecit propter imperfectionem eorum: Quemadmodum & libellum repudij ipsis permisit.
Vndè quod Moses concessit Filiius Israel, extraneis ad vsuram accommodare, permissiuè fecit propter imperfectionem Their: Quemadmodum & libellum repudij Ipse permisit.
From whence it may appeare, that Moses graunting the children of Israell leaue or license to lend vpon vsurie to strangers, did it onely permissiuely, or by way of toleration, for their imperfections sake. As in like manner he permitted vnto them the bill of diuorce.
From whence it may appear, that Moses granting the children of Israel leave or license to lend upon Usury to Strangers, did it only permissively, or by Way of toleration, for their imperfections sake. As in like manner he permitted unto them the bill of divorce.
Fourthly, I answere that, that permissiue spéech of Moses, vnto a stranger thou mayest lend vpō vsurie, yéeldeth no libertie to vs to exercise vsurie one towardes another.
Fourthly, I answer that, that permissive speech of Moses, unto a stranger thou Mayest lend upon Usury, yieldeth no liberty to us to exercise Usury one towards Another.
Clemens Alexandrinus hath a notable sentence to this purpose. Lex prohibet fratri foenerari: fratrem nominans, non eum solum, qui est ex ysdem natus parentibus,
Clemens Alexandrian hath a notable sentence to this purpose. Lex Prohibet fratri foenerari: fratrem nominans, non Eum solum, qui est ex ysdem Born parentibus,
Yea, I may say with the Apostle we are all one body, we haue all one spirite, one hope of our calling, one Lord, one faith, one baptisme, one God and father of all, which is aboue all,
Yea, I may say with the Apostle we Are all one body, we have all one Spirit, one hope of our calling, one Lord, one faith, one Baptism, one God and father of all, which is above all,
Obiect 3. It is further obiected touching the scriptures before alledged against vsurie, that although they be graunted to be preceptes of the moral law :
Object 3. It is further objected touching the Scriptures before alleged against Usury, that although they be granted to be Precepts of the moral law:
And Vatablus obserueth that these wordes, to the poore with thee, are put NONLATINALPHABET, to expounde whom in that place he vnderstandeth by the name of his people:
And Vatablus observeth that these words, to the poor with thee, Are put, to expound whom in that place he understandeth by the name of his people:
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By which places it may séeme, that so we lend not to a mā that is poore and needie, but to one that is riche and hath abundance, of him wee may take vsurie without breach of the law.
By which places it may seem, that so we lend not to a man that is poor and needy, but to one that is rich and hath abundance, of him we may take Usury without breach of the law.
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Whereas (sayth he) in certaine testimonies of scripture concerning vsurie, there is mention made of the poore by name, that is done for the same reason, (or cause) for which in the fifth and seuenth commaundements the widdowes, orphanes,
Whereas (say he) in certain testimonies of scripture Concerning Usury, there is mention made of the poor by name, that is done for the same reason, (or cause) for which in the fifth and Seventh Commandments the widow's, orphans,
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and poore folkes are commonly recited by name, that no iniurie should be offered vnto them Sed inde non sequitur, ergò iniuria quae fit coniugatis, adultis, potentibus, diuitibus, &c. non est peccatum.
and poor folks Are commonly recited by name, that no injury should be offered unto them said inde non sequitur, ergò Iniuria Quae fit coniugatis, adultis, potentibus, Rich, etc. non est peccatum.
Yea, and it is not nothing to this purpose, that Iosephus iustifying against Appion the lawes and statutes of the Iewes, reciteth this for one, Mutuans non accipiat vsuras: it is sayth he, a lawe among vs, that the lender shall take no vsurie :
Yea, and it is not nothing to this purpose, that Iosephus justifying against Appion the laws and statutes of the Iewes, reciteth this for one, Mutuans non Accept vsuras: it is say he, a law among us, that the lender shall take no Usury:
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making no mention, or exception of the poore and néedie at al. Now, why should those places which mention the poore by name, rather restraine the other which make no mention of them:
making no mention, or exception of the poor and needy At all Now, why should those places which mention the poor by name, rather restrain the other which make no mention of them:
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if wee consider that those places which mention not the poore, were the later written. Now, Posteriores libri, ideò fere scripti, vt priorum interpretes essent:
if we Consider that those places which mention not the poor, were the later written. Now, Posterior Libri, ideò fere scripti, vt priorum interprets essent:
The latter bookes of the scripture were written somewhat to this purpose, that they might be interpreters and expositors of the former. And therefore, the latter written scriptures concerning vsurie, making no mention of the poore, may argue that the former scriptures are not to be tyed and restrained to them alone.
The latter books of the scripture were written somewhat to this purpose, that they might be Interpreters and expositors of the former. And Therefore, the latter written Scriptures Concerning Usury, making no mention of the poor, may argue that the former Scriptures Are not to be tied and restrained to them alone.
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For, who will lende to the poore for nothing, that might lawfully lend to the rich for vsurie? of which point wee haue so lamentable and euident experience in these daies,
For, who will lend to the poor for nothing, that might lawfully lend to the rich for Usury? of which point we have so lamentable and evident experience in these days,
that it is no marueile though God in the lawes of vsurie doe specially and by name forbid lending in that manner to the poore. For, he doth it, partly to shew what care hee himselfe hath ouer them, who are commonly and vsually neglected of men:
that it is no marvel though God in the laws of Usury do specially and by name forbid lending in that manner to the poor. For, he does it, partly to show what care he himself hath over them, who Are commonly and usually neglected of men:
And againe, Oppresse not the widdowe, nor the fatherles, the stranger nor the poore: and many such other speeches hath God, concerning those parties in the holy scripture.
And again, Oppress not the widow, nor the fatherless, the stranger nor the poor: and many such other Speeches hath God, Concerning those parties in the holy scripture.
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Not as intending to inferre thereby that wee néede not, or wee ought not to iudge the child that hath a father, the wife that hath a husband, the rich that hath plentie:
Not as intending to infer thereby that we need not, or we ought not to judge the child that hath a father, the wife that hath a husband, the rich that hath plenty:
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or to oppresse our home borne brethren. But because the orphane, the widdowe, the poore, the stranger, are easily forgotten, seldome regarded, and soone ouerthrowne:
or to oppress our home born brothers. But Because the orphan, the widow, the poor, the stranger, Are Easily forgotten, seldom regarded, and soon overthrown:
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Euen so, let vs know that God dealeth after the same manner, when he mentioneth the poore in this case of vsurie. It is no humanitie to drawe the dagger to stab a man, who is thine equall in yéeres and in valure of bodie.
Eve so, let us know that God deals After the same manner, when he mentioneth the poor in this case of Usury. It is no humanity to draw the dagger to stab a man, who is thine equal in Years and in valour of body.
but with that sword of his, to runne quite thorough the heart of the néedie (to whome it were more almes to giue the principall:) that, that is the horrible iniquitie which God specially,
but with that sword of his, to run quite through the heart of the needy (to whom it were more alms to give the principal:) that, that is the horrible iniquity which God specially,
Obiect. 4. There is yet a fourth obiection made as touching the places of Scripture before alledged against vsurie. For, say that the lawes concerning vsurie be morall, and that they inhibite such lending both to rich and poore:
Object. 4. There is yet a fourth objection made as touching the places of Scripture before alleged against Usury. For, say that the laws Concerning Usury be moral, and that they inhibit such lending both to rich and poor:
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yet they condemne not al measure of vsurie, but onely that which is excessiue, and byting, and which carieth with it a deuouring and oppressing of an other.
yet they condemn not all measure of Usury, but only that which is excessive, and biting, and which Carrieth with it a devouring and oppressing of an other.
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Yea, and that the scripture onely forbiddeth biting vsurie, may appeare (say they) also by the nature and Etimologie of the word, which the holy Ghost vseth to that purpose.
Yea, and that the scripture only forbiddeth biting Usury, may appear (say they) also by the nature and Etymology of the word, which the holy Ghost uses to that purpose.
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For, vsurie is called in the hebrue tongue Naeshaech, which as Lauater and others haue truly obserued, signifieth properly Morsus, a biting or gnawing of a thing.
For, Usury is called in the hebrew tongue Naeshaech, which as Lauater and Others have truly observed, signifies properly Morsus, a biting or gnawing of a thing.
as others haue iudged from the gnawing, or tyring of a dogge vpon a bone. So that, vnlesse vsurie bee Naeshaech, biting, vnlesse by it a man sting his neighbour,
as Others have judged from the gnawing, or tiring of a dog upon a bone. So that, unless Usury be Naeshaech, biting, unless by it a man sting his neighbour,
Now, what is this that he sayth, Thou shalt not be as an vsurer vnto him? his meaning is, thou shalt not deale with him as vsurers are wont to deale with men.
Now, what is this that he say, Thou shalt not be as an usurer unto him? his meaning is, thou shalt not deal with him as usurers Are wont to deal with men.
Besides that, it is euident from the Scripture, that not onely bitting vsurie (Naeshaech) but generally all Increase of that kinde and nature (which the Hebrewes call Tarbith ) is forbiddē in the law.
Beside that, it is evident from the Scripture, that not only bitting Usury (Naeshaech) but generally all Increase of that kind and nature (which the Hebrews call Tarbith) is forbidden in the law.
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And Ezekiell condemneth the people of his time, not onely for taking of vsurie (Naeshaech) but also for taking of increase, (Tarbith.) Thou hast taken vsurie and the increase.
And Ezekiel Condemneth the people of his time, not only for taking of Usury (Naeshaech) but also for taking of increase, (Tarbith.) Thou hast taken Usury and the increase.
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both increase (which the Latines call foenus, the Grecians NONLATINALPHABET, the Hebricians Tarbith ) and also vsurie (which the Latines call vsura, the Grecians NONLATINALPHABET, the Hebricians Naeshaech ) is forbidden in the holy Scriptures.
both increase (which the Latins call Foenus, the Greeks, the Hebricians Tarbith) and also Usury (which the Latins call Usura, the Greeks, the Hebricians Naeshaech) is forbidden in the holy Scriptures.
Yea, M. Caluin himselfe will haue no man to rest precisely vpō that name of vsurie, which signifieth biting, and which word Moses vseth speaking of that matter Deut. 23. His reason is,
Yea, M. Calvin himself will have no man to rest precisely upon that name of Usury, which signifies biting, and which word Moses uses speaking of that matter Deuteronomy 23. His reason is,
because Ezekiell condemning vsurie placeth there not onely the word Naeshaech which signifieth biting, but also the other word, which signifieth increase. As if he had sayd (saith Caluin ) all that is aboue the principall.. So yt, it is euidēt to a mā whose skil is but meane in ye tongues, yt the Etymologie of the Hebrue word can yéeld no sound argumēt for ye defence of any kind of vsurie :
Because Ezekiel condemning Usury places there not only the word Naeshaech which signifies biting, but also the other word, which signifies increase. As if he had said (Says Calvin) all that is above the principal.. So that, it is evident to a man whose skill is but mean in you tongues, that the Etymology of the Hebrew word can yield no found argument for you defence of any kind of Usury:
Thirdly, it may be added to answere this obiection, that though it be granted and yéelded vnto them, that the Scripture condemneth onely biting vsurie :
Thirdly, it may be added to answer this objection, that though it be granted and yielded unto them, that the Scripture Condemneth only biting Usury:
so the vsurer is called mashic, quia morsum infligit, because hee giueth the bite saith Aretius. And the borrower is called Nashic, quiamorsus est: because hee is bitten and oppressed thereby.
so the usurer is called mashic, quia morsum infligit, Because he gives the bite Says Aretius. And the borrower is called Nashic, quiamorsus est: Because he is bitten and oppressed thereby.
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So that, whersoeuer there is one that lendeth, and another that boroweth vpon vsurie : there is a biting, a biter, and one that is bitten assembled and met together.
So that, wheresoever there is one that dares, and Another that borroweth upon Usury: there is a biting, a biter, and one that is bitten assembled and met together.
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yet that is not because hee is not bitten indéede, but because either hee is so benummed with want, that he féeleth no more then a man that is stung with an adder,
yet that is not Because he is not bitten indeed, but Because either he is so benumbed with want, that he feeleth no more then a man that is stung with an adder,
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or lastly, it is because that, primò beneficium conferre videtur: vsurie seemeth at the first to yeeld the borower a benefite. And so, he is deceiued with the swéetnesse of the tast at the first drinking,
or lastly, it is Because that, primò beneficium confer videtur: Usury seems At the First to yield the borrower a benefit. And so, he is deceived with the sweetness of the taste At the First drinking,
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Lira hath a notable similitude to this purpose, which he alledgeth out of one of the Rabbines, sicut serpens mordens in silentio parum percipitur, vel sentitur in principio:
Lira hath a notable similitude to this purpose, which he allegeth out of one of the Rabbis, sicut serpens Mordens in silentio Parum percipitur, vel sentitur in principio:
As a serpent that stingeth priuilie, is little perceiued or felt at the first, but afterwardes, the man that is stong swelleth, and the effect of that little stinging, is dispersed thorough the whole body:
As a serpent that stingeth privily, is little perceived or felt At the First, but afterwards, the man that is stung Swells, and the Effect of that little stinging, is dispersed through the Whole body:
It may be also, that the riches and abundance of him that boroweth is so great comming in other wayes, that it maketh so full a supply to the payment of increase,
It may be also, that the riches and abundance of him that borroweth is so great coming in other ways, that it makes so full a supply to the payment of increase,
For, whereas we read it in our English, ye shalt not oppresse him with vsurie, Tremellius readeth it ne imponite, and Pagnine, ne imponetis impose not (or, ye shall not impose) vsurie vpon him.. And the Greeke interpretour in the same manner NONLATINALPHABET, thou shalt not put vsurie vpon him.
For, whereas we read it in our English, you shalt not oppress him with Usury, Tremellius readeth it ne imponite, and Pagnine, ne imponetis impose not (or, you shall not impose) Usury upon him.. And the Greek Interpreter in the same manner, thou shalt not put Usury upon him.
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So that, according to all their readings, not onely the oppressing of a man by vsurie, but also the very imposing of vsurie vpon a man, is condēned in that place of Moses All that the vsurer, cā gaine by vrging of the Englishe translation is this.
So that, according to all their readings, not only the oppressing of a man by Usury, but also the very imposing of Usury upon a man, is condemned in that place of Moses All that the usurer, can gain by urging of the English Translation is this.
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That which the Greeke and Latine interpretours doe call imposing of vsurie, that the English translatours call more plainly oppressing by vsurie. As noting, that hee which imposeth vsurie vpō his neighbour, doth thereby bite him, oppresse him, yea deuoure and consume him.
That which the Greek and Latin Interpreters do call imposing of Usury, that the English translators call more plainly oppressing by Usury. As noting, that he which Imposes Usury upon his neighbour, does thereby bite him, oppress him, yea devour and consume him.
and that vsurie is no where forbidden, no not so much as once named, in the writinges of the Euangelists, and Apostles, conteined in the newe testament. From whence, they will conclude (I trowe) either that the newe testament giueth more libertie to sinne,
and that Usury is no where forbidden, no not so much as once nam, in the writings of the Evangelists, and Apostles, contained in the new Testament. From whence, they will conclude (I trow) either that the new Testament gives more liberty to sin,
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or at the least, (to speake the best of them) that the lawes touching vsurie are not morall: and so, not to abide to vs that are christians, vnder these daies of the Gospell. Answ. Whereunto may bee answered:
or At the least, (to speak the best of them) that the laws touching Usury Are not moral: and so, not to abide to us that Are Christians, under these days of the Gospel. Answer Whereunto may be answered:
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first, that this is no good argument, nor consequence in reason, vsurie is not named in the newe Testament: Ergò, it is not forbidden in the morall lawe. For many sinnes are forbidden in the morall lawe ;
First, that this is no good argument, nor consequence in reason, Usury is not nam in the new Testament: Ergò, it is not forbidden in the moral law. For many Sins Are forbidden in the moral law;
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which are no where mentioned in the new testament. As for example, the sinnes of Polygamie, of Tyrannie, of Treason, of Ielousie, and many others, which come not to my remembrance, are manifest breaches of the morall lawe. And yet, I suppose, that no mā can shew them to be condēned,
which Are not where mentioned in the new Testament. As for Exampl, the Sins of Polygamy, of Tyranny, of Treason, of Jealousy, and many Others, which come not to my remembrance, Are manifest Breaches of the moral law. And yet, I suppose, that no man can show them to be condemned,
there are infinite breaches, and trespasses against the morall law, which are not specified by name, either in the olde, or in the new testament. The lawe of God condemneth many thinges, a puri, àmaiori, à reinoni, &c. by condemning the equal, or the greater, or the lesser offence.
there Are infinite Breaches, and Trespasses against the moral law, which Are not specified by name, either in the old, or in the new Testament. The law of God Condemneth many things, a puri, àmaiori, à reinoni, etc. by condemning the equal, or the greater, or the lesser offence.
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Sometimes, it includeth the particulars in the generall, and sometimes, the general in one particular: sometimes, it condemneth the cause, from the iniquitie of the effecte:
Sometime, it includeth the particulars in the general, and sometime, the general in one particular: sometime, it Condemneth the cause, from the iniquity of the Effect:
Which saying of that ancient father, as it may be verified in many particulars, (for the Trinitie, the persons in the Trinitie, the vnitie of substance in the Godhead, are things conteined in déede,
Which saying of that ancient father, as it may be verified in many particulars, (for the Trinity, the Persons in the Trinity, the unity of substance in the Godhead, Are things contained in deed,
then was Basile farre deceiued, who perswaded men, euen by this reason, to absteine from vsurie, Vt tam ex veteri, quàm noua lege instructus, bona cum spe, ad dominum migrare valeas:
then was Basil Far deceived, who persuaded men, even by this reason, to abstain from Usury, Vt tam ex Veteri, quàm noua lege instructus, Bona cum See, ad dominum migrare valeas:
Yea, then were also the diuines of Wittenberge farre deceiued, who sayd that vsurie was forbidden, Nedum iure positiuo, Not onely by the positiue lawes of men:
Yea, then were also the Divines of Wittenberg Far deceived, who said that Usury was forbidden, Nedum iure positiuo, Not only by the positive laws of men:
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Then also was B. Iuel farre deceiued, who sayd, that vsurie was manifestly condemned, not onely by heathens, by christians, by the olde fathers, by the ancient Councels, by Emperours, by Bishops, by decrees, by Canons, by all sectes of all regions, and of all religions:
Then also was B. Iuel Far deceived, who said, that Usury was manifestly condemned, not only by Heathens, by Christians, by the old Father's, by the ancient Counsels, by emperors, by Bishops, by decrees, by Canonas, by all Sects of all regions, and of all Religions:
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Lastly, if vsurie be not forbidden in the newe testament, then were Melancthon, Erasmus, Xystus Betuleius, Aretius, and a number of others, very learned men, farre deceiued, and ouertaken in this argument.
Lastly, if Usury be not forbidden in the new Testament, then were Melanchthon, Erasmus, Xystus Betuleius, Aretius, and a number of Others, very learned men, Far deceived, and overtaken in this argument.
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For the trueth is, that vsurie is euerie where forbidden, euen in the bookes of the newe testament. The fathers disputing against the Arrians, who denied God the sonne, to be of the same substance, and essence with the Father:
For the truth is, that Usury is every where forbidden, even in the books of the new Testament. The Father's disputing against the Arians, who denied God the son, to be of the same substance, and essence with the Father:
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Mordicus propugnare, acretinere voluerunt NONLATINALPHABET, Would defend, and hold tooth and naile, the worde, or name consubstantiall. And therefore we see, that whereas the Nicene Councell concluded:
Mordicus propugnare, acretinere voluerunt, Would defend, and hold tooth and nail, the word, or name consubstantial. And Therefore we see, that whereas the Nicene Council concluded:
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And lastly, the Councell of Antioch, approued & expounded the worde consubstantiall, to iustifie, and to cleare it, from the cauils of the Arrians. Quod etiam pro suo iure facere potuerunt, sayth Peter Martyr :
And lastly, the Council of Antioch, approved & expounded the word consubstantial, to justify, and to clear it, from the cavils of the Arians. Quod etiam Pro Sue iure facere potuerunt, say Peter Martyr:
the fathers might lawfully, and rightly, thus sticke close, to the defence of the worde consubstantiall: Maxime verò, cum viderent eam vocem, ex diuinis literis necessariò conclude:
the Father's might lawfully, and rightly, thus stick close, to the defence of the word consubstantial: Maxim verò, cum viderent eam vocem, ex Diuinis literis necessariò conclude:
And therefore, although the scripture hath no where the very name, or worde consubstantiall: yet because the matter which they would signifie in that worde, was partly expressed,
And Therefore, although the scripture hath not where the very name, or word consubstantial: yet Because the matter which they would signify in that word, was partly expressed,
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yet because the matter, and practise signified in that worde, is by necessary consequence, and conclusion, inferred to bee forbidden in the writinges of the Euangelistes, and Apostles :
yet Because the matter, and practice signified in that word, is by necessary consequence, and conclusion, inferred to be forbidden in the writings of the Evangelists, and Apostles:
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therfore vsurie is forbidden, in the new Testament. Againe, the new Testament saith, From him that will borow of thee, turne not away therein commending vnto vs the louing, and charitable dutie; and vse of lending.
Therefore Usury is forbidden, in the new Testament. Again, the new Testament Says, From him that will borrow of thee, turn not away therein commending unto us the loving, and charitable duty; and use of lending.
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Cōcerning which spéech of Christ, although I acknowledge with M. Beza, that they are deceiued which wrest this place to thee direct prohibition of vsurie :
Concerning which speech of christ, although I acknowledge with M. Beza, that they Are deceived which wrest this place to thee Direct prohibition of Usury:
yet I doubt not, but from that place a man may draw a very sufficient argument against vsurie, and conclude as doth M. Beza vpon that saying, Illud tamen certum est, si iuuandus est proximus, etiam nulla recipiendae sortis habita ratione ▪ multò magis prohiberi foeneratorias pactiones.
yet I doubt not, but from that place a man may draw a very sufficient argument against Usury, and conclude as does M. Beza upon that saying, Illud tamen certum est, si iuuandus est Proximus, etiam nulla recipiendae sortis Habita ratione ▪ multò magis prohiberi foeneratorias pactiones.
Yet this (saith he) is certaine, that if our neighbour must bee holpen by lending, euen without any regard had of receiuing, the very principall againe,
Yet this (Says he) is certain, that if our neighbour must be helped by lending, even without any regard had of receiving, the very principal again,
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So then in M. Beza his iudgement, vsurie is by inference forbidden in the new Testament. It is therefore no good argument to reason thus, vsurie is not named,
So then in M. Beza his judgement, Usury is by Inference forbidden in the new Testament. It is Therefore no good argument to reason thus, Usury is not nam,
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If the Scriptures alledges before against vsurie, be cleared of those doubts, which haue bene before obiected: & it be proued that ye lawes concerning vsurie are morall, & that they forbid it both to friend and stranger,
If the Scriptures alleges before against Usury, be cleared of those doubts, which have be before objected: & it be proved that you laws Concerning Usury Are moral, & that they forbid it both to friend and stranger,
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or tractable in godlinesse. Neque contradicere diuinae Scripturae, siue intellectae si aliqua vitia nostra percutit, siue non intellectae, quasi nos melius sapere, meliusque percipere possimus.
or tractable in godliness. Neque contradicere diuinae Scriptures, siue intellectae si Any Vices nostra Persecuteth, siue non intellectae, quasi nos Better Sapere, meliusque percipere possimus.
In which is declared, that vsurie is not to bee practised of a Christian man, no not though it were not simplie forbidden in the word of God. BUt go to:
In which is declared, that Usury is not to be practised of a Christian man, no not though it were not simply forbidden in the word of God. BUt go to:
Now, how vnexpedient it is for any Christian man to lend vpon vsurie (though it were lawfull in it selfe) shall euidētly I hope appeare by that which followeth.
Now, how unexpedient it is for any Christian man to lend upon Usury (though it were lawful in it self) shall evidently I hope appear by that which follows.
He that withdraweth the corne, the people will curse him, that is, (as one well expoundeth it) malè is audit passim, eidem malè precabuntur egen• familia Dei, odietur vt durus & perfidus, deo crit & hominibus odiosus.
He that withdraweth the corn, the people will curse him, that is, (as one well expoundeth it) malè is audit passim, Eidem malè precabuntur egen• familia Dei, odietur vt Durus & perfidus, God crit & hominibus odiosus.
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Such a man shal be euery where euill spoken of, the poore (who are Gods familie) will banne and curse him, he shall be hated as an hard harted and miserly wretch.
Such a man shall be every where evil spoken of, the poor (who Are God's family) will ban and curse him, he shall be hated as an hard hearted and miserly wretch.
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then certainly, this is a very sufficient reason, to disswade men from practising of vsurie, euen because that, he which •endeth to vsurie the people will curse him.
then Certainly, this is a very sufficient reason, to dissuade men from practising of Usury, even Because that, he which •endeth to Usury the people will curse him.
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For indéede, euery man whether he bee rich or poore, whether he borowe or boroweth not, will curse and banne an vsurer. He that is rich and néedeth not to borow,
For indeed, every man whither he be rich or poor, whither he borrow or borroweth not, will curse and ban an usurer. He that is rich and needeth not to borrow,
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Hee that is poore, (and therefore néedeth to borow,) but cannot borow for want of sufficient securitie to put in, he curseth the vsurer for the hardnesse of his hart ▪ Hee that hath néede to borow,
He that is poor, (and Therefore needeth to borrow,) but cannot borrow for want of sufficient security to put in, he Curseth the usurer for the hardness of his heart ▪ He that hath need to borrow,
for the griping & oppression which in the end he féeleth from that practise. So that, whether we speake of poore men, or of riche, of him that boroweth,
for the gripping & oppression which in the end he feeleth from that practice. So that, whither we speak of poor men, or of rich, of him that borroweth,
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S. Augustine sayd truly, that such as care not what report goeth of them, and make no account of their estimation, deale not onely vnwisely for them selues, but also vncharitably towardes others.
S. Augustine said truly, that such as care not what report Goes of them, and make no account of their estimation, deal not only unwisely for them selves, but also uncharitably towards Others.
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Lactātius speaking of this very case of vsurie, sayth that A iust or an honest man, will not defile himselfe with any, such kinde of gaine, but will haue alwayes this care and respect, vt idipsum quod commodat inter bona nomina nominetur:
Lactātius speaking of this very case of Usury, say that A just or an honest man, will not defile himself with any, such kind of gain, but will have always this care and respect, vt idipsum quod commodat inter Bona nomina nominetur:
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For who is of so ill report, and of so little estimation, as is the vsurer for his trade? not the catch powle, not the promoter, not the executioner, no not the very scauenger. And no marueile:
For who is of so ill report, and of so little estimation, as is the usurer for his trade? not the catch powle, not the promoter, not the executioner, no not the very scavenger. And no marvel:
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Bromyard giueth an instance of a certaine preacher, who knowing that there were many vsurers among his auditorie, brake out in his Sermon into asking of the question, Si aliquis esset vsurarius, if there were euer an vsurer there present? when euery man held his peace,
Bromyard gives an instance of a certain preacher, who knowing that there were many usurers among his auditory, brake out in his Sermon into asking of the question, Si aliquis esset vsurarius, if there were ever an usurer there present? when every man held his peace,
behold (sayth he) you may see hereby how vile a trade the trade of vsurers is. Quia cùm alius pro arte sua vilissima respondeat, ipsi pro arte sua loqui erubescunt:
behold (say he) you may see hereby how vile a trade the trade of usurers is. Quia cùm alius Pro arte sua vilissima respondeat, ipsi Pro arte sua loqui erubescunt:
and so much also the Scriptures doe witnesse vnto vs. The Pharisies noted it as a contemptible thing in our Sauiour Christ, that he did eate and drinke wt Publicanes. Now, foeneratores Publicanos agunt (saith Plutarch: ) the vsurers play the Publicanes. And so they do indéed.
and so much also the Scriptures do witness unto us The Pharisees noted it as a contemptible thing in our Saviour christ, that he did eat and drink with Publicans. Now, Moneylenders Publicans Agunt (Says Plutarch:) the usurers play the Publicans. And so they do indeed.
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And the vsurers will haue their custome penny, a man must pay their taske or he cānot escape their hāds, he must pay déepe tribut that is subiect to their dominion.
And the usurers will have their custom penny, a man must pay their task or he cannot escape their hands, he must pay deep tribute that is Subject to their dominion.
And as for their cōditiōs, the Publicanes were such as rapacitate prouinciales exugerēt: by their rauenousnes & gripplenes, did sucke vp, & soake dry the poore people of the Prouinces vnder their iurisdictiō.
And as for their conditions, the Publicans were such as rapacitate Provinciales exugerent: by their rauenousnes & gripplenes, did suck up, & soak dry the poor people of the Provinces under their jurisdiction.
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and is of some imputed to the rashnesse and want of discretion, in the Ministers of the word, who with salt termes and ignominious spéeches, haue brought the vsurers, and their doinges into so great disgrace.
and is of Some imputed to the rashness and want of discretion, in the Ministers of the word, who with salt terms and ignominious Speeches, have brought the usurers, and their doings into so great disgrace.
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Petrarch saith that there is not foedius studium, a more filthie profession then vsurie, and that of former time, vsurers were seperated as leapers from the societie of men.
Petrarch Says that there is not foedius studium, a more filthy profession then Usury, and that of former time, usurers were separated as leapers from the society of men.
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That is, (more plainely) hee was alwaies accounted a notable impudent man, and one past all shame, that durst without blushing, take vp the practise of vsurie. Among many thinges which be alleadged to that purpose:
That is, (more plainly) he was always accounted a notable impudent man, and one passed all shame, that durst without blushing, take up the practice of Usury. Among many things which be alleged to that purpose:
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In old time scarse one vsurer was to be found or heard of in a whole citie, and he dealt but very secretly, and closely neither, and hee lent to vsurie to none but to the poore, and hee would not lend to them neither, but priuilie, and binding them by a faithfull promise that they should not disclose him.
In old time scarce one usurer was to be found or herd of in a Whole City, and he dealt but very secretly, and closely neither, and he lent to Usury to none but to the poor, and he would not lend to them neither, but privily, and binding them by a faithful promise that they should not disclose him.
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And if happilie there arose anie euill suspition of him that way in the citie, then his house was commonly called the diuels house, the vineyarde, the well head, the fielde of the diuell.
And if happily there arose any evil suspicion of him that Way in the City, then his house was commonly called the Devils house, the vineyard, the well head, the field of the Devil.
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let him knowe that mightie princes ▪ and whole estates, haue dorréed and concluded of vsurie, that it should be accounted and reputed to all purposes for a very infamous action.
let him know that mighty Princes ▪ and Whole estates, have dorréed and concluded of Usury, that it should be accounted and reputed to all Purposes for a very infamous actium.
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For first, their course of life is baser then any, Vita foener atoria omnium specierum vitae NONLATINALPHABET abiectissima, & odiosissima. The vsurers life is more base,
For First, their course of life is baser then any, Vita foener atoria omnium specierum vitae abiectissima, & odiosissima. The usurers life is more base,
sith the word of God inioyneth vs to doo things of good report, and vsurie is a thing which all times, all countries, all sortes of people haue helde in extreme contempt:
sith the word of God enjoin us to do things of good report, and Usury is a thing which all times, all countries, all sorts of people have held in extreme contempt:
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Now, I can but wonder in my heart, what kind of NONLATINALPHABET, what ful perswasion and resolution of conscience, the vsurer can gather to himselfe, that hee doth well,
Now, I can but wonder in my heart, what kind of, what full persuasion and resolution of conscience, the usurer can gather to himself, that he does well,
No, B. Iuel whose writings do argue him to bee a man that had red ▪ excéeding much, sayth confidently and boldly, Such a kind of bargaining no good man or godly euer vsed.
No, B. Iuel whose writings do argue him to be a man that had read ▪ exceeding much, say confidently and boldly, Such a kind of bargaining not good man or godly ever used.
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Yea, hée went farre that sayd, (and yet was he wise enough to consider what hee sayd,) God, nature, reason, all scripture, all lawe, all authors, all Doctors,
Yea, he went Far that said, (and yet was he wise enough to Consider what he said,) God, nature, reason, all scripture, all law, all Authors, all Doctors,
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namely, that he and his goods might fall into the vsurers handes. Let the extortioner catch all that hee hath, and let the strangers spoyle his labour.
namely, that he and his goods might fallen into the usurers hands. Let the extortioner catch all that he hath, and let the Strangers spoil his labour.
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Now, it is to be noted, that the worde which we in our english read extortioner, the Greeke interpretor translateth NONLATINALPHABET and Tremellius, Pagnine, yea and the olde translation also readeth, Foenerator, an vsurer: Let the vsurer catch all that he hath.
Now, it is to be noted, that the word which we in our english read extortioner, the Greek Interpreter Translate and Tremellius, Pagnine, yea and the old Translation also readeth, Forerunner, an usurer: Let the usurer catch all that he hath.
It is to be considered (and wise men I doubt not do obserue it) that those men of learning, which speake most for vsurie, do referre the approuing or disprouing, the enlarging or restrayning thereof vnto the authoritie of the ciuill Magistrate.
It is to be considered (and wise men I doubt not do observe it) that those men of learning, which speak most for Usury, do refer the approving or disproving, the enlarging or restraining thereof unto the Authority of the civil Magistrate.
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that the vsurer exceede not in taking the certaine rate ordeined in euery countrey. Whereby it appeareth that he referred the moderation of vsurie vnto the Magistrate and gouernour.
that the usurer exceed not in taking the certain rate ordained in every country. Whereby it appears that he referred the moderation of Usury unto the Magistrate and governor.
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If the magistrate be of that integritie, that hee will not permit vsurie, nor giue sentence for the vsurer, or heare the cause of the vsurer: then I affirme, that the increase is due to bee payd by no law. Then we sée his opinion is, that where the Magistrate permitteth vsurie, there the borower is bound to pay the increase:
If the magistrate be of that integrity, that he will not permit Usury, nor give sentence for the usurer, or hear the cause of the usurer: then I affirm, that the increase is due to be paid by no law. Then we see his opinion is, that where the Magistrate permitteth Usury, there the borrower is bound to pay the increase:
And consequently we sée, that it was his iudgement, that the permission, or not permission of vsurie (as touching the people) depēdeth vpon the Magistrate. All these testimonies.
And consequently we see, that it was his judgement, that the permission, or not permission of Usury (as touching the people) dependeth upon the Magistrate. All these testimonies.
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and all the lawes which are now in force, both in the Church and common weale, haue forbidden and do forbid vsury, throughout the whole realme of England. For the manifestation whereof, wee are to consider that the strength and state of our countrey, dependeth partly vpon the common law, partly vpon the statute law, partly vpon the ciuill law, and partly vpon the canon law. Now, all these so farre as they are at this day in force, do condemne and inhibite vsurie.
and all the laws which Are now in force, both in the Church and Common weal, have forbidden and do forbid Usury, throughout the Whole realm of England. For the manifestation whereof, we Are to Consider that the strength and state of our country, dependeth partly upon the Common law, partly upon the statute law, partly upon the civil law, and partly upon the canon law. Now, all these so Far as they Are At this day in force, do condemn and inhibit Usury.
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And first for the common law. I finde that Glanuill sometimes Lord chiefe Iustice of England in the dayes of Henrie the second, deliuereth this for the law of the land,
And First for the Common law. I find that Glanuill sometime Lord chief justice of England in the days of Henry the second, Delivereth this for the law of the land,
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and we shall sée that from time to time, diuerse kinges of this Realme, haue by their Actes and Statutes condemned vsurie. In the dayes of Edward the third the conisance of the vsurers deceased, was alotted to the kyng:
and we shall see that from time to time, diverse Kings of this Realm, have by their Acts and Statutes condemned Usury. In the days of Edward the third the cognisance of the usurers deceased, was allotted to the King:
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and by another, vsurers were punished with the forfeiture of the moytie, put forth to vsurie. In the dayes of Henrie the eight, those that tooke aboue ten in the hundred, were punished with the forfeiture of the treble value of the goodes put forth to vsurie. The which actè (sayth the Parliament assembled in the raigne of Edward the sixt, ) was not ment nor intended,
and by Another, usurers were punished with the forfeiture of the moiety, put forth to Usury. In the days of Henry the eight, those that took above ten in the hundred, were punished with the forfeiture of the triple valve of the goods put forth to Usury. The which actè (say the Parliament assembled in the Reign of Edward the sixt,) was not meant nor intended,
yet the preamble thereof doth manifestly and flatly call it, an vnlawfull thing. But whatsoeuer king Henrie intended, it is cleare that king Edward the sixt by his statute, condemned indéede all kindes and all measure of vsurie :
yet the preamble thereof does manifestly and flatly call it, an unlawful thing. But whatsoever King Henry intended, it is clear that King Edward the sixt by his statute, condemned indeed all Kinds and all measure of Usury:
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So that, neither the taking of tenne, nor more then tenne, nor lesse then tenne, no not the taking of one penie in the hundred is approued by that statute.
So that, neither the taking of tenne, nor more then tenne, nor less then tenne, no not the taking of one penny in the hundred is approved by that statute.
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O sir (will some man say) but Queene Elisabeths statute, exempteth from the penaltie thereof, all vsurie taken for the reliefe of orphanes in the citie of London, and such other places. I answer:
O sir (will Some man say) but Queen Elisabeths statute, exempteth from the penalty thereof, all Usury taken for the relief of orphans in the City of London, and such other places. I answer:
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the lawe generally condemneth vsurie in it selfe and in the owne nature: but it is compelled to tolerate it in that particular case, for very necessities sake.
the law generally Condemneth Usury in it self and in the own nature: but it is compelled to tolerate it in that particular case, for very necessities sake.
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then may we easily gather what is to bee iudged of money lent to vsurie for the maintenance of orphanes. And thirdly, it is euident yt if people were as they might,
then may we Easily gather what is to be judged of money lent to Usury for the maintenance of orphans. And Thirdly, it is evident that if people were as they might,
But it is not for vs to dispute what might be done if men would, (for nothing is hard to willing mindes :) but wee are to consider what can now be done,
But it is not for us to dispute what might be done if men would, (for nothing is hard to willing minds:) but we Are to Consider what can now be done,
And these are called Pandectae, the lawes or volumes of the pandects. The second parte containeth those lawes which were made from the time of Constantine, vnto the raigne of Iustinian the Emperor :
And these Are called Pandectae, the laws or volumes of the pandects. The second part Containeth those laws which were made from the time of Constantine, unto the Reign of Iustinian the Emperor:
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Sancimus vt sanctie ecclesiastici canones, qui à sanctis quatuor concilijs, (hoc est, Niceno decem trecentorum & octo, Constantinopolitano centum quinquaginta doctorum patrum, Ephesino primo, in quo Nestorius condemnatus est,
Sanctimus vt sanctie Ecclesiastici Canonas, qui à sanctis quatuor concilijs, (hoc est, Niceno Decem trecentorum & Octo, Constantinopolitan centum Quinquaginta doctorum patrum, Ephesians primo, in quo Nestorius condemnatus est,
We decree (saith the Emperour ) that the holy ecclesiasticall canons, which were published and confirmed, by the foure holy councels, (that is, by the councell of Nice, consisting of three hundred and eighteene, by the councell of Constantinople, consisting of a hundred and fiftie learned fathers, by the first councell of Ephesus, in which Nestorius was condemned,
We Decree (Says the Emperor) that the holy ecclesiastical Canonas, which were published and confirmed, by the foure holy Counsels, (that is, by the council of Nicaenae, consisting of three hundred and eighteene, by the council of Constantinople, consisting of a hundred and fiftie learned Father's, by the First council of Ephesus, in which Nestorius was condemned,
or the authoritie of lawes ▪ By this constitution of Iustinian, all the decrees of the Councel of Nice, are (among the rest) established and ratified for Autenticall lawes. Now, the councel of Nice concluded directly,
or the Authority of laws ▪ By this constitution of Iustinian, all the decrees of the Council of Nicaenae, Are (among the rest) established and ratified for Authentical laws. Now, the council of Nicaenae concluded directly,
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Quoniam multi Clerici auaritiae causa turpia lucra sectantes, obliti diuini praecepti quo dictum est, (qui pecuniam suam non dedit ad vsuram,) foenerantes, centesimas exigunt:
Quoniam multi Clerici auaritiae causa Turpia lucra sectantes, obliti Divine Precepts quo dictum est, (qui pecuniam suam non dedit ad vsuram,) foenerantes, centesimas exigunt:
statuit hoc sanctum concilium, vt si quis inuentus fuerit post hanc definitionem vsuras accipere, vel ex quolibet tali negotio turpia lucra sectari, vel etiam species frumentorum ad septuplum dare:
statuit hoc sanctum concilium, vt si quis inuentus fuerit post hanc definitionem vsuras accipere, vel ex quolibet tali negotio Turpia lucra sectari, vel etiam species frumentorum ad septuplum Dare:
Because manie Cleargie men following of couetousnes filthie lucre, forgetting the commaundement of God which saith, He that hath not giuen his money to vsurie:
Because many Clergy men following of covetousness filthy lucre, forgetting the Commandment of God which Says, He that hath not given his money to Usury:
yet because the reason which induced them to enact that Canon is drawen from the worde of God, (for they alledge the words of the Psalmist to that purpose:) and the worde of God is a rule and squire, not onely to the Cleargie, but also to the layetie, that is, both to men of the Church, & to men of the Common weale :
yet Because the reason which induced them to enact that Canon is drawn from the word of God, (for they allege the words of the Psalmist to that purpose:) and the word of God is a Rule and squire, not only to the Clergy, but also to the laity, that is, both to men of the Church, & to men of the Common weal:
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In the Clergie. The Canons ascribed to the Apostles say, Episcopus aut Presbyter, aut Diaconus, qui vsuras à mutuum accipientibus exigit, vel desineto, vel deponitor:
In the Clergy. The Canonas ascribed to the Apostles say, Episcopus Or Presbyter, Or Deacon, qui vsuras à mutuum accipientibus exigit, vel desineto, vel deponitor:
2. cap. 31. All which, with many others, doe strongly inhibite vsurie in the Clergie. And as for the Laytie (by which name they vnderstand all those that are not entered into the holy orders of the Church) against them the constitutiōs and Canons of the law, are yet more seuere.
2. cap. 31. All which, with many Others, do strongly inhibit Usury in the Clergy. And as for the Laytie (by which name they understand all those that Are not entered into the holy order of the Church) against them the constitutions and Canonas of the law, Are yet more severe.
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For the law excommunicateth them, debarreth them of the communion, disanulleth their testaments, denyeth vnto them Christian buriall, permitteth not a Minister to visite them in time of sicknesse,
For the law excommunicateth them, debarreth them of the communion, disannulleth their Testaments, denyeth unto them Christian burial, permitteth not a Minister to visit them in time of sickness,
But among many other thinges, I may not forget that our late English Canons agréed vpon by the Conuocation house for this prouince of Canterbury, do couple vsurie with the most gréeuous sinnes of heresie, schisme, periurie, incest, and Adulterie. And do ordeine that the sentence of excommunication, shall not bee denounced against an vsurer, but by the Archbishop, or Bishop, or Archdeacon, or by a Prebendarie at the least, in his owne proper person.
But among many other things, I may not forget that our late English Canonas agreed upon by the Convocation house for this province of Canterbury, do couple Usury with the most grievous Sins of heresy, Schism, perjury, Incest, and Adultery. And do ordain that the sentence of excommunication, shall not be denounced against an usurer, but by the Archbishop, or Bishop, or Archdeacon, or by a Prebendary At the least, in his own proper person.
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Whereby it appeareth, that the authoritie of the Church of England, would not onely procéede against vsurie according to the penaltie of the ancient Canons :
Whereby it appears, that the Authority of the Church of England, would not only proceed against Usury according to the penalty of the ancient Canonas:
that is to say, all the authoritie and power both of the common wealth and Church of England, haue forbidden and condemned vsurie. That we may truly say in this respect as he sayd in Plautus :
that is to say, all the Authority and power both of the Common wealth and Church of England, have forbidden and condemned Usury. That we may truly say in this respect as he said in Plautus:
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or conscience, or approbation of law, then doth the vsurer. Now, we haue heard it declared before, that those which speake most for vsurie, haue notwithstanding submitteth the approuing, the reiecting, the tolerating, the moderating of vsurie, vnto the statutes of seuerall countryes,
or conscience, or approbation of law, then does the usurer. Now, we have herd it declared before, that those which speak most for Usury, have notwithstanding submitteth the approving, the rejecting, the tolerating, the moderating of Usury, unto the statutes of several countries,
then certainly, forasmuch as they liue here in a Church and Kingdome, in which vsurie is so generally by all kindes of gouernement prohibited and condemned:
then Certainly, forasmuch as they live Here in a Church and Kingdom, in which Usury is so generally by all Kinds of government prohibited and condemned:
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Those that haue beene ouertaken with this euill, not seeing (it may be) the iniquitie thereof, I exhort as the Apostle doth the Ephesians, Let him that stole steale no more:
Those that have been overtaken with this evil, not seeing (it may be) the iniquity thereof, I exhort as the Apostle does the Ephesians, Let him that stole steal no more:
that is, (as Hierome expoundeth it) discharge the poore men of their bandes, at the leastwise of their interest, in which and for which they stand bound vnto you.
that is, (as Jerome expoundeth it) discharge the poor men of their bands, At the leastwise of their Interest, in which and for which they stand bound unto you.
And least this sentence of Salomon should séeme to be a friuolous surmise, and want his due effect, let mee make relation of some examples, which Hemingius a godly and learned man, hath obserued and recorded from his owne experiēce.
And lest this sentence of Solomon should seem to be a frivolous surmise, and want his due Effect, let me make Relation of Some Examples, which hemingius a godly and learned man, hath observed and recorded from his own experience.
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And if we were wise to obserue the procéedings of God among vs, it were no harde thing to point out beggarly children that haue discended from vsurarious parentes.
And if we were wise to observe the proceedings of God among us, it were no harden thing to point out beggarly children that have descended from vsurarious Parents.
Yee knowe that by the statute, Iustices of Oyer and Terminer, and Iustices of assises in their circuites, Iustices of peace in their Sessions, Mayors, Sherifes,
Ye know that by the statute, Justices of Oyer and Terminer, and Justices of assizes in their circuits, Justices of peace in their Sessions, Mayors, Sheriffs,
and Baylifes of Cities, haue full power and authoritie to inquire, heare, and to determine of the mayne breaches of this lawe, touching the offence of vsurie. Let it neuer be reported in the generations to come, that vsurie hath in our time gone away vncontrouled by authoritie,
and Bailiffs of Cities, have full power and Authority to inquire, hear, and to determine of the main Breaches of this law, touching the offence of Usury. Let it never be reported in the generations to come, that Usury hath in our time gone away uncontrolled by Authority,
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And the ecclesiasticall gouernours I exhorte, that sith the same statute hath giuen them libertie also to punish and to censure the extremitie of this euill:
And the ecclesiastical Governors I exhort, that sith the same statute hath given them liberty also to Punish and to censure the extremity of this evil:
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No man is presented, no man is ascited, no man is conuicted, no man is punished euer since I could remember, by the ecclesiasticall lawe for the committing of vsurie. And yet the poore people euery where complaine of a number of men, that by one meanes or other take aboue the rate of tenne,
No man is presented, no man is ascited, no man is convicted, no man is punished ever since I could Remember, by the ecclesiastical law for the committing of Usury. And yet the poor people every where complain of a number of men, that by one means or other take above the rate of tenne,
my fellow ministers I exhort, that they lift vp their voices as trumpets, and tell the people of this sinne. Non tamen sine spirituali prudentia: Yet not without spirituall wisdome :
my fellow Ministers I exhort, that they lift up their voices as trumpets, and tell the people of this sin. Non tamen sine Spiritual Prudence: Yet not without spiritual Wisdom:
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But let vs take héede that wisdome quench not our zeale, and while wee will become too discrete, we forget how forward we should bée in reprouing of euill.
But let us take heed that Wisdom quench not our zeal, and while we will become too discrete, we forget how forward we should been in reproving of evil.
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