Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n bond_n obligation_n verbal_a 145 4 16.4851 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A73521 The English vsurer; or Vsury condemned, by the most learned and famous diuines of the Church of England and dedicated to all his Maiesties subiects, for the stay of further increase of the same. Collected by Iohn Blaxton, preacher of Gods VVord at Osmington, in Dorcet-shire. Blaxton, John. 1634 (1634) STC 3129.5; ESTC S124641 64,041 104

There is 1 snippet containing the selected quad. | View lemmatised text

a lender The contract therefore of Vsury is a contract of lending now in the contract of mutuation or lending Idem p. 152. diuers things concurre which also belong to the nature of Vsury 1. That it is of such things as are spent in the vse and consist in quantitie that is to say in number weight or measure as Money and Victuals Corne Wine Oyle c. which are particularly mentioned Deut. 23.19 Leuit. 25.37 2. And therefore is alienation not onely of the vse but also of the propertie from which the vse of such things as are spent in the vse cannot be seuered 3 As the property is transferred to the borrower so the borrower standeth to the hazzard of the thing borrowed 4. That it is not a perpetuall alienation of that which is lent but for a time which time being expired the borrower is bound to restore the principall 5. Because the thing borrowed is to be spent in the vse therefore the borrower is bound not to restore the selfe same particular which he borrowed but so much in the same kind or the same valew 6. It belongeth to the nature of lending that it be free and liberall And this is that which followeth in the definition as the difference to distinguish it from free lending that it is for gaine Vsury is for gaine By gaine is ment any addition ouerplus or increase ouer and aboue the Principall whether it bee money or money worth required not for the indemnity of the Creditour Idem p. 153. What is to be esteemed gaine to saue him harmelesse but for his aduantage to make him a gainer by lending for that onely is to be esteemed gaine which is an ouerplus clearely gotten aboue the Principall And whereas I say it is eyther money or money worth this money worth reacheth farre not onely to goods and wares but also to labours and seruices and whatsoeuer else being valuable by money may lawfully be let or sold for money And when I say that vsury is lending for gaine it is ment that in the first act of lending vpon vsury or afterwards in the forbearing whereby that lending is continued gaine is if not couenanted for yet at the least intended So that where there is a couenant or intent of gaine by loane whether it be in the first act of lending or afterwards in the forbearing it is vsury and contrariwise where there is neyther a couenant nor intent of gaine in lending or forbearing there is not vsury though there be an ouerplus or encrease receiued ouer and besides the Principall The Hebrew word Nesheh is the ordinary name to signifie vsury as Foenus in Latine or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greeke Idem p. 154. or Vsury in English For the money which is lent vpon vsury is called Nesheh a biter or which biteth The names of vsury and the Hebrew phrase which signifieth to be lent vpon vsury is to bite as appeareth plainely Deut. 23.19 Thou shalt not lend vpon vsury to thy brother money or meat or any thing else Asher Ishak which biteth that is which is lent vpon vsury For whatsoeuer the Vsurer lendeth it hath teeth and iawes to eate and consume the substance of other men his Corne or victuals which were made to be eaten doe eate and his money which was made to be spent doth wast the substance of others and therefore Hebrew writers doe teach that in the name of Vsury is encluded an admonition not to borrow vpon Vsury for hee which taketh money vpon Vsury taketh as it were a serpent into his bosome This is confessed by Caluine himselfe that whereas Vsurers auoyd the name Nesheh which signified biting as they doe the name Vsury among vs as being odious and therefore alledged that they tooke not Nesheh but Tarbith as amongst vs they will not be thought to take Vsury but consideration vsance or interest therefore the Lord forbideth as well Tarbith as Nesheh In Exod. 22.25 Levit. 25.36 .. whereby he condemneth generally Quamlibet sortis accessionem sayth Caluin any addition or increase aboue the principall And vpon Ezekiel chap. 18. he sayth the Prophet condemneth not onely Nesheh which signifieth biting God forbids biting vsury and increase but also Tarbith which he translateth incrementum increase hoc est sayth he quicquid lucri sibi avari homines conciliant ex mutuo that is whatsoeuer gaine couetous men doe get to themselues by loane Actuall Vsury is described by Dr. FENTON to be pactum ex mutuo lucrum Lucre for loane vpon couenant or The couenant of lucre for lending or Lending vpon couenant for lucre Dr. Fenton Treatise of vsury p. 15. So that these three words mutuum pactum lucrum doe define and circumscribe the entire nature of that Vsury whereof the maine question is made whether it be lawfull or not And to these descriptions of Vsury agree those of our most reuerend and iudicious Diuines vide Dr. Willet vpon Exodus p. 509. Dr. Smith in Willet vpon Leuiticus p. 625. Perkins Comt. 8. Mr. Smith 18. Sermon vpon Vsury Dr. Pie Vsuries Spright coniured p. 4. Powels positions of Vsury p. 4. Bb. Iewel vpon 1 Thes p. 113. Amesius de conscientia lib. 5. cap. 44. Dr. Wilson Discourse vpon Vsury p. 85. Mr. Mosse Arraignement and conuiction of Vsury p. 31. CHAP. 2. The distinction of Vsury Vsury is eyther Inward and Mentall or Outward and Actuall MEntall Vsury is a lending for gaine without couenant that is Mentall vsury Bb. Downam in Ps 15. p. 168. when the creditor onely intendeth and looketh for gaine by lending and forbearing his money but doth not indent or couenant with the borrower for gaine And this may be called the Vsury of the heart Rom. 7.14 for the law of God being spirituall doth not onely restraine the hands and outward man but also the intent and purpose of the heart insomuch that morall actions though in shew good are to be iudged euill if they proceed from an ill intent and tend to an ill end for he that intendeth euill hath the like euill will with him that worketh euill and he which by lending onely intendeth his owne gaine he lendeth for gaine and therefore if actuall Vsury be euill then the intent and purpose thereof is also euill Outward and actuall Vsury is when the creditour doth not onely intend certaine gaine by lending but also couenanteth for a certaine summe to be allowed him at a certaine time or times This in the Scriptures is called imposing of Vsury Exod. 22.25 Idem p. 170. Thou shalt not impose Vsury vpon him Wherefore in actuall Vsury a couenant is made for certaine gaine and in that couenant the very forme of actuall Vsury consisteth for which cause some doe call such a contract formall Vsury And this couenant vseth to be confirmed by obligation eyther verball as bils and bonds or reall as pawnes or mortgage or personall as suretiship whereby the creditor is