A16337:235
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.
But admit a man will sell dearer of purpose, for the forbearance; and forbear of purpose, only, that He may sell dearer; without pregnant likely-hood of the market rising, at the time of payment, or of damnifying Himself by keeping His ware, or such like valuable considerations; that is Usury. For it is all one, as if He lent so much money for lucre upon covenant.
But admit a man will sell dearer of purpose, for the forbearance; and forbeare of purpose, onely, that Hee may sell dearer; without pregnant likely-hood of the market rising, at the time of paiment, or of damnifying Himselfe by keeping His ware, or such like valuable considerations; that is Vsury. For it is all one, as if He lent so much money for lucre upon covenant.
III. Sometimes Usury masketh under ⟨p. 69⟩the colour of buying, thus: A […] […] unto an other 100 lb. The principal to […] […] by 10 lb. a year in ten years; and ten pound a year over-plus, for the use of that money: This were extreme Usury within the Statute. If therefore purposely to avoid the Statute, He should agree with the Borrower, to alter the nature of the contract, thus: With the same 100 lb. He will purchase an Annuity of 20 lb. foe ten years of the same party: This is *bargain and sale, yet is it the very same Thing, in Truth; differing only in the parchment, and manner of covenanting; subject to the same iniquity, and inequality; poisoned with their joint purpose of avoiding the penalty of Usury, by other conveyances. For if their purpose could by any precedent communication of borrowing or other pregnant circumstances be discovered, the same Statute would condemn them of Usury. But yet, if simply, without any pretence, such Annuity of rent be bought, and sold, we cannot condemn it for Usury. Howbeit, if it be an unreasonable bargain, or be injurious unto any by circumstances, it may be a breach of justice, and charity in an other kind. See •. pag. 120. Down. 173.