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

But lest any mistake, and deceive themselves, and others: Consider the Latitude, which Divines give to this term of Covenant in the definition of Usury truly so called.

But lest any mistake, and deceive themselves, and others: Consider the Latitude, which Divines give to this terme of Covenant in the definition of Usury truely so called.

It may be either 1. Real, by pawn laid in both for principal, and Use. 2. Or literal, by writing without pawn, as by Bill, Book, or Bond. 3. Or Personal, without writing, in taking an other Man for surety besides the Borrower. 4. Or verbal, either by promise without surety before witness, or by secret stipulation, between themselves without witness. 5. Or silent, without word, witness, writing, or pawn. And this silence: either 1 Of one Party, thus: An Usurer saith: I will lend you thus much money; but so much use you shall pay me: The Borrower takes it in silence: this silence is a promise; and that promise a covenant. 2 Nay where there is silence on both sides, there may ⟨p. 63⟩be an Usurious covenant. A common Borrower comes to a common Usurer, to take up an hundred pound for three months: there is neither Bill, bond, promise, nor demand for any use: Only this: The Borrower knows, how that Usurer never lendeth▪ His money but for 10. in the 100. Likewise the Usurer knows, how that Borrower never taketh up, but upon use. The very Act of borrowing, and lending in these two Parties, by common intendment, is a covenant for Usury: And every covenant whatsoever, whether it be silent, or express; whether it be bare, and naked in promise; or invested by further security, if it be a covenant for loan, it is Usury.

It may bee either 1. Reall, by pawne laid in both for principall, and Vse. 2. Or literall, by writing without pawne, as by Bill, Booke, or Bond. 3. Or Personall, without writing, in taking an other Man for surety besides the Borrower. 4. Or verball, either by promise without surety before witnesse, or by secret stipulation, betweene themselves without witnesse. 5. Or silent, without word, witnesse, writing, or pawne. And this silence: either 1 Of one Party, thus: An Usurer saith: I will lend you thus much money; but so much use you shall pay mee: The Borrower takes it in silence: this silence is a promise; and that promise a covenant. 2 Nay where there is silence on both sides, there may