A16337:92
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.
A thing that is hired, if it perish without the1 default of the Hirer it perisheth to the Owner: 1. Because He is the Owner. 2. Because it went for the hire. According to the equity of GODS Law, Exod. 22. 15. If the Owner thereof stand by (to wit, that it may appear, not to be the Borrowers default) the Borrower shall not make it good. For if it be an hired thing, it came for the hire.
A thing that is hired, if it perish without the1 default of the Hirer it perisheth to the Owner: 1. Because He is the Owner. 2. Because it went for the hire. According to the equity of GODS Law, Exod. 22. 15. If the Owner thereof stand by (to wit, that it may appeare, not to be the Borrowers default) the Borrower shall not make it good. For if it be an hired thing, it came for the hire.
- 1Commodatorius non tenetur de casu fortuito, nisi se adstrinxerit. Cod. lib. 4. Tit. 23. Leg. 1.
But i• money, the Borrower standeth to all the ⟨p. 28⟩hazard, in common equity: because the Borrower1 is the right Owner for the time, and in all right, every thing perisheth to the right Owner.
- 1See Dow. How usury differs from the lawful contract of Location. pag. 158.