From the short dissertation on usury
found in the works of Bacon we learn that the taking
of usury was a recognized evil and odious in his time.
It will be noticed that he eliminates
risk from usury and sees that “In the game of
certainties against uncertainties” usury is sure
to win. It will be noticed also that he mentions
only economic arguments against usury. He does
not give ethical and moral reasons. He does not
mention the want of sympathy for the poor and their
oppression.
In his statement of the arguments
in defence he implies that the usurer is less grasping
than the man he knew who said “The devil take
this usury.”
This is the very opposite of the picture
of the usurer given by his contemporary, Shakespeare,
in his character, Shylock.
His specious argument for the regulation
of the evil “For some small matter for the license”
is familiar to modern reformers in connection with
other sins. He speaks of the reduction of the
usury rates as a general good and believes “It
will no whit discourage the lender.” Wrong-doers
in all the ages have been ready to part with a portion
of the profits of an unlawful business for the cover
of the authority of the state.
The following is his discussion in full
OF USURY
“Many have made witty invectives
against usury. They say that it is a pity the
devil should have God’s part, which is the tithe.
That the usurer is the greatest Sabbath breaker, because
his plough goeth every Sunday. That the usurer
is the drone that Virgil speaketh of:
“Ignavum fucos pecus a praesepibus arcent.
“That the usurer breaketh the
first law that was made for mankind after the fall,
which was, in sudore vultus tui comedes panem tuum;
non in sudore vultus alieni; (in the sweat of thy
face shalt thou eat bread not in the sweat
of another’s face.) That usurers should have
orange-tawney bonnets, because they do Judaize.
That it is against nature for money to beget money;
and the like. I say only this, that usury is
a concessum propter duritiem cordis; (a thing
allowed by reason of the hardness of men’s hearts):
for since there must be borrowing and lending, and
men are so hard of heart as they will not lend freely,
usury must be permitted. Some others have made
suspicious and cunning propositions of banks, discovery
of men’s estates and other inventions.
But few have spoken of usury usefully. It is good
to set before us the incommodities and the commodities
of usury, that the good may be either weighed out
or culled out; and warily to provide, that while we
make forth to that which is better, we meet not with
that which is worse.
“The discommodities of usury
are, first, it makes fewer merchants. For were
it not for this lazy trade of usury, money would not
lie still, but would in great part be employed upon
merchandising; which is the vena porta of wealth
in a state. The second, that it makes poor merchants.
For as a farmer can not husband his ground so well
if he sit at a great rent, so the merchant can not
drive his trade so well, if he sit at great usury.
The third is incident to the other two; and that is
the decay of customs of kings or states, which ebb
or flow with merchandising. The fourth that it
bringeth the wealth or treasure of a realm or state
into a few hands.
“For the usurer being at certainties,
and others at uncertainties, at the end of the game
most of the money will be in the box; and ever a state
flourisheth when wealth is more equally spread.
The fifth that it beats down the price of land; for
the employment of money is chiefly either purchasing
or merchandising; and usury waylays both. The
sixth, that it doth dull and damp all industries, improvements
and new inventions, wherein money would be stirring,
if it were not for this slug. The last, that
it is the canker and ruin of many men’s estates;
which in process of time breeds a public poverty.
“On the other side, the commodities
of usury are, first, that howsoever usury in some
respect hindereth merchandising, yet in some other
it advanceth it; for it is certain that the greatest
part of trade is driven by young merchants upon borrowing
at interest; so as if the usurer either call in or
keep back his money, there will ensue presently a
great stand of trade. The second is, that were
it not for this easy borrowing upon interest, man’s
necessities would draw upon them a most sudden undoing;
in that they would be forced to sell their means (be
it lands or goods) far under foot; and so, whereas
usury doth but gnaw upon them, bad markets would swallow
them quite up. As for mortgaging or pawning,
it will little mend the matter; for either men will
not take pawns without use; or if they do, they will
look precisely for the forfeiture. I remember
a cruel monied man in the country that would say:
’The devil take this usury, it keeps us from
forfeitures of mortagages and bonds.’ The
third and last is, that it is a vanity to conceive
that there would be ordinary borrowing without profit;
and it is impossible to conceive the number of inconveniences
that would ensue if borrowing be cramped. Therefore,
to speak of the abolishing of usury is idle.
All states have ever had it, in one kind or rate,
or other. So as that opinion must be sent to Utopia.
“To speak now of the reformation
and reiglement of usury; how the discommodities of
it may be best avoided, and the commodities of it
retained. It appears by the balance of commodities
and discommodities of usury, two things are to be
reconciled. The one, that the tooth of usury
be grinded that it bite not too much; the other, that
there be left open a means to invite monied men to
lend to the merchants for the continuing and quickening
of trade. This can not be done except you introduce
two several sorts of usury, a less and a greater.
For if you reduce usury to one low rate it will ease
the common borrower, but the merchant will be to seek
for money. And it is to be noted, that the trade
of merchandise, being the most lucrative, may bear
usury at a good rate: other contracts not so.
“To serve both intentions, the
way would be briefly thus: That there be two
rates of interest; the one free and general for all,
the other under license only, to certain persons and
in certain places of merchandising. First, therefore,
let usury in general be reduced to five in the hundred;
and let that rate be proclaimed free and current;
and, let the state shut itself out to take any penalty
for the same. This will preserve borrowing from
any general stop or dryness. This will ease infinite
borrowers in the country. This will, in great
part, raise the price of land, because land purchased
at sixteen years’ purchase will yield six in
the hundred and somewhat more; whereas this rate of
interest yields but five. This, by like reason,
will encourage and edge industrious and profitable
improvements; because many will rather venture in
that kind than take five in the hundred, especially
having been used to greater profit. Secondly,
let there be certain persons licensed to lend to known
merchants upon usury at a higher rate; and let it
be with the cautions following: Let the rate be,
even with the merchant himself, somewhat more easy
than that he used formerly to pay; for by that means
all borrowers shall have some ease by this reformation,
be he merchant or whosoever. Let it be bank or
common stock, but every man be master of his own money.
Not that I altogether mislike banks, but they will
hardly be brooked in regard of certain suspicions.
Let the state be answered some small matter for the
license, and the rest left to the lender; for if the
abatement be but small, it will no whit discourage
the lender. For he, for example, that took before
ten or nine in the hundred, will sooner descend to
eight in the hundred than give over his trade in usury,
and go from certain gains to gains of hazard.
Let these licensed lenders be in number indefinite,
but restrained to certain principal cities and towns
of merchandising; for then they will be hardly able
to color other men’s monies in the country.
So as the license of nine will not suck away the current
rate of five; for no man will lend his monies far
off, nor put them into unknown hands.
“If it be objected that this
doth in a sort authorize usury, which before was in
some places but permissive; the answer is, that it
is better to mitigate usury by declaration, than to
suffer it to rage by connivance.”