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

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.

III. Sometimes Vsury masketh under ⟨p. 69⟩the colour of buying, thus: A 〈…〉 〈…〉 unto an other 100 lb. The principall to 〈…〉 〈…〉 by 10 lb. a yeare in ten yeares; and ten pound a yeare over-plus, for the use of that money: This were extreame Vsury within the Statute. If therefore purposely to avoide the Statute, Hee 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 yeares of the same partie: This is ^*bargaine and sale, yet is it the very same Thing, in Truth; differing onely in the parchment, and manner of covenanting; subject to the same iniquity, and inequality; poysoned with their joynt purpose of avoiding the penalty of Usury, by other conveiances. For if their purpose could by any precedent communication of borrowing or other pregnant circumstances be discovered, the same Statute would condemne them of Vsury. But yet, if simply, without any pretence, such Annuity of rent bee bought, and sold, wee cannot condemne it for Vsury. Howbeit, if it be an unreasonable bargaine, or bee injurious unto any by circumstances, it may bee a breach of justice, and charity in an other kinde. See . pag. 120. Down. 173.