Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	call_v	good_a	law_n	1,457	5	4.4596	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A16337	A short and priuate discourse betweene Mr. Bolton and one M.S. concerning vsury. Published by E.B. by Mr. Boltons owne coppy	Bolton, Robert, 1572-1631.; Bagshaw, Edward, d. 1662.	1637 (1637)	STC 3249; ESTC S106474	41,120	88

it with so many cautions and limitations that in the end they make it no Vsury at all See in this point Dow. posit of Usury pag. 53. Dow. pag. 273. c. Fent pag. 62. After they have examined the point and answered the reasons as they think which are usually brought against Usury by the Schoole yet in conclusion put all their limitations together they agree upon no Usury at all as it shall be defined by and by Single them out one from an another there is not any one of them who dares defend any such ordinary Usury as is amongst us practised with greatest moderation Fent pag. 144. And therefore in the third place I say 3. Though some have somewhat declined the beaten way in this point 1. Transported perhaps with some prejudice against the Truth by reason of some weake Arguments they have met with in the point 2. Or because in detestation of Usury some lawfull contracts also have beene condemned by some for Usury which doe but coast upon it Yet where dwelt that Divine that to this day durst ever appeare in print a Patron of Usury properly and truly so called commonly practised at this Day in this Land and condemned in the Booke of GOD Which onely I ordinarily preach against and at this time oppose And thus define For upon purpose I deferred the definition to this place as fittest and most seasonable Usury is a gaine above the principall exacted by covenant meerely for liew of lending Or thus Usury is gaine upon covenant for loane Or thus A lending for gaine by compact See how this definition distinguisheth Vsury from all other contracts F. pag. 16 17. Dow. pag. 157. c. This I say is Vsury truly and properly so called commonly practised now adaies forbidden in the Booke of GOD questioned by Covetousnesse onely in this last Century past And which I censure in my Book and Sermons and oppose in this Discourse There is as some call it 1. A liberall Vsury Which is onely a gratuity or free Gift which the Borrower finding Himselfe much benefited by the Lenders curtesie doth of His owne accord in testimony of His thankefullnesse freely give to the Lender who neither intended when Hee lent nor expected whiles Hee forbore any gaine much lesse covenanted for it But in this Case although the Lender receive some allowance above the principall yet He committeth not Vsury Because neither the contract which He made was lending for gaine neither is the over-plus which He receiveth againe either covenanted or intended or required for loane But a gratuity or thankfull curtesie which may with good conscience bee given and received from an able and willing Giver There is also as some call it 2. A recompencing Usury Which is nothing els but a just recompence which the Debtour having through His default beene the effectuall cause of the Creditors hinderance doth owe unto Him by the Law of nature Understand it thus A man lendeth for a time freely that time being expired His money is retained longer against His will for want whereof Hee is damnified If the Lender receive an over-plus in this case above the principall answerable to the dammage which Hee hath suffered this is no Vsury but due and just satisfaction No Usury because increase is not taken for the loane Forloane is a voluntary Act whereas this money was not willingly lent but retained by force after the time it was due If the Lender had beene damnified by the forbearance of His money during that time which Hee lent it He could in strict justice have exacted no satisfaction because it was His owne voluntary Act Volenti non fit injuria But the time being come out to receive over-plus for His losse sustained is no Usury but a just recompence Which is properly termed interest Which may grow due say Divines two waies 1. Ex damno emergente By losse arising For example I lend Thee an 100 lb. which Thou undertakest to repay at the end of sixe moneths which time being expired and thou either through negligence or unfaithfullnesse failing of thy promise I incurre a losse as the forfeiture of a Bond bargaine or lease c. or by taking up money upon Vsury to prevent that losse c. 2. Ex lucro cessante by gaine ceasing As when by missing my money at the day till which I lent it I am hindred of buying at the best hand provision for my house wares for my trade stocke for my grounds or some other certaine or very likely gaine Where by the way we may see why it is called interest because one may say intersuit meâ habuisse It behoved me It stood me upon to have had it And now by your default I sustaine this losse I am thus hindred Now in these two Cases I may lawfully provide for mine indemnity by exacting an equall recompence at thine hands and thou art bound in conscience to make good this losse or hinderance which through thy default I sustaine But herein observe such cautions and conditions as these 1. That interest is to be rated and proportioned not according to the gaine or Benefit which the Borrower hath reaped by the imploiment of the money but according to the hinderance or losse which the Creditor sustaineth through the Borrowers default 2. That Interest is not to be required nisi post moram but onely after delay and default committed by the Borrower For untill then the Borrower unlesse He were such an One as could compell the Creditor to lend is not the effectuall cause of the Creditors losse 3. Neither is it ever to be required after delay but onely then when the Creditor hath indeed sustained losse or hinderance by the Borrowers delay 4. That the Creditor doe not voluntarily incurre any losse meaning to lay the burthen thereof on the Borrower but do His true endeavour to avoid it 5. That He put difference betweene Him that breakes day through negligence and unfaithfullnesse and Him that breakes day through want and necessity which He did not foresee and let Him remember that where is no fault there ought to be no punishment 6. That the estimation of the interest be not referred to the Creditors owne arbitrement For it is not fit that every Creditor should be His owne 〈◊〉 but committed to the judgement of some other honest and discreet men Such conditions as these attended and observed It is lawfull for the Creditor in the forenamed Cases to require an over-plus besides His principall which over-plus notwithstanding is not Vsury For there is great difference betwixt them 1. In Vsury the Lender intendeth and seeketh gaine by interest He onely provideth for His indemnity Or thus The Usurer seeketh by lending to bee a gainer But the receiver of interest truly so called seeketh onely to be no looser 2. Vsury is intended or perhaps covenanted for in the very contract Interest is not intended at the first but happeneth after delay 3. Vsury is a