A37046:1333
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.
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.
2. If the party borrower hath certain gain by it, for instance, if he do purchase so much more rent, or if he be enabled to retain so much unfold, which without that money he could not do, he looseth nothing.
2. If the party borrower hath certain gain by it, for instance, if he do purchase so much more rent, or if he be inabled to retain so much unfold, which without that money he could not do, he looseth nothing.
3. When a man may without extraordinary sagacity or pains by trading, compass and make more gain then the proportion he payeth for the loan amounteth to, so that to make it certain he hath the hazard of so much more: Thus the taking of five or six in the hundred per annum hath never been accounted Usury, because any thrifty and frugal man may increase it to more in a years space. As Exod. 1. 19. there is a compensation to be given for time, which certainly must be so much as may be thought the loss of that time hath prejudged the other of, or what in reason it might be thought he would have advantaged himself if he had had that time; the one goeth upon the ground of lucrum cessns (which School-men grant) the other of dmnum emergens.