A16337:199
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 short and private discourse between Mr. Bolton and one M.S. concerning usury. Published by E.B. by Mr. Bolton's own copyA short and priuate discourse betweene Mr. Bolton and one M.S. concerning vsury. Published by E.B. by Mr. Boltons owne coppy
London: printed by George Miller, 1637
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
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 ⟨p. 56⟩certain or very likely gain. (Where by the way we may see why it is called interest: because one may say intersuit meâ habuisse: It behoved me, It stood me upon to have had it: And now by your default I sustain this loss, I am thus hindered)
1. Ex damno emergente, By losse arising: For example; I lend Thee an 100 lb. which Thou undertakest to repay at the end of sixe moneths: which time being expired, and thou either through negligence, or unfaithfullnesse, failing of thy promise, I incurre a losse; as the forfeiture of a Bond, bargaine, or lease, &c. or by taking up money upon Vsury, to prevent that losse &c. 2. Ex lucro cessante, by gaine ceasing. As when by missing my money at the day, till which I lent it; I am hindred, of buying at the best hand, provision for my house, wares for my trade, stocke for my grounds, or some other ⟨p. 56⟩certaine or very likely gaine. (Where by the way we may see why it is called interest: because one may say intersuit meâ habuisse: It behoved me, It stood me upon to have had it: And now by your default I sustaine this losse, I am thus hindred)
Now in these two Cases, I may lawfully provide for mine indemnity, by exacting an equal recompense at thine hands: and thou art bound in conscience to make good this loss, or hinderance, which through thy default I sustain. But herein observe such cautions and conditions as these.