A26892:8952
A Christian Directory
A Christian directory, or, A sum of practical theology and cases of conscience directing Christians how to use their knowledge and faith, how to improve all helps and means, and to perform all duties, how to overcome temptations, and to escape or mortify every sin : in four parts ... / by Richard Baxter.A Christian directory, or, A summ of practical theologie and cases of conscience directing Christians how to use their knowledge and faith, how to improve all helps and means, and to perform all duties, how to overcome temptations, and to escape or mortifie every sin : in four parts ... / by Richard Baxter.
London: printed by Robert White for Nevill Simmons, 1673
Title page typeset from the transcription.
Part 4 › Chapter 19 › Section 4: Tit. 4. Cases of Conscience about Lending and Borrowing.
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.
§. 10. Quest. 10. May I take the forfeiture and keep a pledge or Mortgage upon Covenants?
§. 10. Quest. 10. May I take the forfeiture and keep a pledge or Morgage upon Covenants?
Quest. 10.
Answ. If it be among Merchants and rich men, an act of Merchandise, and not of mere security for money lent, then it is another case: As if they make a bargain thus, [Take this Jewel or this Land for your money; and it shall be yours if I pay you not by such a day: I am willing to stand to the hazard of uncertainty: If I pay you not, suppose it is for my own commodity, and not through disability]: In this case it is lawful to take the forfeiture, or detain the thing. But if it be properly but a pledge to secure the money, then the final intent is but that your money may be repaid: And you may not take the advantage of breaking a day, to take that from another which is none of your own. Justice will allow you only to take so much as your money came to, and to give the overplus (if there be any) to the debtor. And mercy will require you rather to forgive the debt, than to keep a pledge which he cannot spare, but to his ruin and misery (as his food, his raiment, his tools, his house, &c.) Unless you be in as great necessity as he.
Answ. If it be among Merchants and rich men, an act of Merchandize, and not of meer security for money lent, then it is another case: As if they make a bargain thus, [Take this Jewel or this Land for your money; and it shall be yours if I pay you not by such a day: I am willing to stand to the hazard of uncertainty: If I pay you not, suppose it is for my own commodity, and not through disability]: In this case it is lawful to take the forfeiture, or detain the thing. But if it be properly but a pledge to secure the money, then the final intent is but that your money may be repayed: And you may not take the advantage of breaking a day, to take that from another which is none of your own. Justice will allow you only to take so much as your money came to, and to give the overplus (if there be any) to the debtor. And mercy will require you rather to forgive the debt, than to keep a pledge which he cannot spare, but to his ruine and misery (as his food, his rayment, his tools, his house, &c.) Unless you be in as great necessity as he.