A37046:1332
The law unsealed
The law unsealed: or, A practical exposition of the Ten Commandments With a resolution of several momentous questions and cases of conscience. By the learned, laborious, faithful servant of Jesus Christ, Mr. James Durham, late minister of the Gospel at Glasgow.
Glasgow: printed by Robert Sanders, 1676
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.
Answ. That there may be such a contracting and covenanting cannot be questioned, more then it can be in selling land or houses (though the money lent may possibly be trusted to the borrower, without any antecedent, contract, or covenant, and the increase thereafter proportioned to the gain of the borrower) it is true that this would be moderated, and within the gain that otherwise with hazard might be expected, because the lender is free of hazard, and we conceive the How much may by these rules be tried.
Answ. That there may be such a contracting and covenanting cannot be questioned, more then it can be in selling land or houses (though the money lent may possibly be trusted to the borrower, without any antecedent, contract, or covenant, and the increase thereafter proportioned to the gain of the borrower) it is true that this would be moderated, and within the gain that otherwise with hazard might be expected, because the lender is free of hazard, and we conceive the How much may by these rules be tryed.
1. A man may covenant for as much as by a free bargain his money would otherwise yield him; as suppose one by bestowing that sum on land, would with as much certainty as can be in such matters, obtain so much land-rent, why may he not let his money for that, seeing it can be no filthy or dishonest gain; that being properly Usury, that by lending gaineth inordinately, or more then lawfully, otherwise it might or would, and that to another's prejudice.
1. A man may covenant for as much as by a free bargain his money would otherwise yield him; as suppose one by bestowing that sum on land, would with as much certainty as can be in such matters, obtain so much land-rent, why may he not let his money for that, seeing it can be no filthy or dishonest gain; that being properly Usury, that by lending gaineth inordinately, or more then lawfully, otherwise it might or would, and that to anothers prejudice.