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

This consideration, saith He, given for the loan of money must not be ex pacto: it must not be agreed upon by any certain compact, and covenant: as the words here are lo cesimun: non imponet is: you shall not impose, or lay upon Him Usury. As it is not lawful to covenant with a man certainly to pay so much: He may loose by using this money; He may be in hazard also of the principal: For the Lender then to receive a certain gain, where the Borrower is a certain looser, were not just: Such indifferency must be used, as that the Lender be contented; as to be made partaker of the gain that cometh by His money, so also proportionably to bear part¹ of the loss. Upon Exod. 22. pag. 52.

This consideration, saith He, given for the loane of money must not be ex pacto: it must not be agreed upon by any certaine compact, and covenant: as the words here are lo cesimun: non imponet is: you shall not impose, or lay upon Him Vsury. As it is not lawfull to covenant with a man certainely to pay so much: Hee may loose by using this money; He may be in hazard also of the principall: For the Lender then to receive a certaine gaine, where the Borrower is a certaine looser, were not iust: Such indifferency must bee used, as that the Lender bee contented; as to bee made partaker of the gaine that commeth by His money, so also proportionably to beare part¹ of the losse. Upon Exod. 22. pag. 52.

1. 1Nempe si Creditor saenus non imperat turpiter, sed debitor bonestè offert. Sin autem utilitas ad ipsum nulla redierit, ut caveat Creditor, ne ex lalabore inutili debitoris sui, aut etiam damnoso suam ipsius utilitatem inhumanè captet. Appen. Ad Expl Levitici. pag. 115.