A short and private discourse between Mr. Bolton and one M.S. concerning usury. PublishedA short and priuate discourse betweene Mr. Bolton and one M.S. concerning vsury. Published

A man lendeth for a time freely; that time being expired, His money is retained longer ⟨p. 55⟩against His will; for want whereof. He is damnified. If the Lender receive an over-plus in this case above the principal, answerable to the damage, which He hath suffered; this is no Usury, but due and just satisfaction. No Usury, because increase is not taken for the loan. For loan is a voluntary Act: whereas this money was not willingly lent, but retained by force after the time, it was due. If the Lender had been damnified, by the forbearance of His money, during that time, which He lent it, He could in strict justice have exacted no satisfaction, because it was His own voluntary Act: Volenti non fit injuria. But the time being come out; to receive over-plus for His loss sustained, is no Usury; but a just recompense, Which is properly termed interest: Which may grow due, say Divines two ways:

A man lendeth for a time freely; that time being expired, His money is retained longer ⟨p. 55⟩against His will; for want whereof. Hee is damnified. If the Lender receive an over-plus in this case above the principall, answerable to the dammage, which Hee hath suffered; this is no Vsury, but due and just satisfaction. No Usury, because increase is not taken for the loane. Forloane is a voluntary Act: whereas this money was not willingly lent, but retained by force after the time, it was due. If the Lender had beene damnified, by the forbearance of His money, during that time, which Hee lent it, He could in strict justice have exacted no satisfaction, because it was His owne voluntary Act: Volenti non fit injuria. But the time being come out; to receive over-plus for His losse sustained, is no Usury; but a just recompence, Which is properly termed interest: Which may grow due, say Divines two waies:

1. Ex damno emergente, By loss arising: For example; I lend Thee an 100 lb. which Thou undertakest to repay at the end of six months: which time being expired, and thou either through negligence, or unfaithfulness, failing of thy promise, I incur a loss; as the forfeiture of a Bond, bargain, or lease, &c. or by taking up money upon Usury, to prevent that losse &c. 2. Ex lucro cessante, by gain ceasing. As when by missing my money at the day, till which I lent it; I am hindered, of buying at the best hand, provision for my house, wares for my trade, stock for my grounds, or some other