Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	lord_n	rent_n	1,405	5	9.6433	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00671	A treatise of vsurie diuided into three bookes: the first defineth what is vsurie. The second determineth that to be vnlawfull. The third remoueth such motiues as perswade men in this age that it may be lawfull. By Robert Fenton Bachelar of Diuinitie.	Fenton, Roger, 1565-1616.	1611 (1611)	STC 10806; ESTC S101958	118,517	170

by God or man by God for the poore by the rich for themselues Another reason to the same purpose That wee must lend to the poore freely and therefore must we take vsurie of the rich Vpon this ground it seemeth because God will not pay for the rich therefore they must pay for themselues For it will not out of his head but that vsurie must be paied Were it not for vsurie he prophecieth that the same confusion must needs fall vpon vs which the Prophet Esatas threatneth against wicked and cursed nations That is another reason Nay If vsurie be taken away woe worth all the occupiers in the world That is another reason Adde them all together they bee assertions prophecies execrations which say and asseuer but prooue nothing For Gods example for paying vsurie for the poore is taken from a metaphoricall or borrowed speech and therefore cannot stand vpon his owne ground If it could we might inferre strange conclusions from Gods example who returneth for giuing to the poore the principall seuen fold yea an hundred fold Shall a rich man therefore pay so much vsurie that would prooue a Neshec indeeed Yea but we must lend freely to the poore and therefore that we may inable our selues so to doe we must take vsurie of the rich That is another reason taken as I suppose from Standgate hole For such reasons doe moue those good fellowes to take a purse that they may bee the better able to doe this and that some of them purposing to doe some good with that they shall take Yet all this will not make their act good if themselues be taken §. 2. By these reasons alreadie alleaged it is to bee hoped though they be many that this author is not much to bee feared for doing the cause any great hurt Albeit hee hath presumed further in this theame then any I can finde euer did before or I hope will do after him in laying such violent hands vpon the booke of God wresting that holie writ for the approbation yea and the great commendation of vsurie Being of the number of those whereof Tertullian speaketh Qui Caedem faciunt scripturarum in materiam suam Who doe fell the Scriptures to support a rotten building First in the Lebanon of the old Testament hee hath hewne downe that worthie example of Ioseph who as agent for Pharao King of Egypt deliuered to his subiects now become his seruants not onely the vse of the land but seed-corne also to sow the same couenanting with them for the fifth part of yeerly rent to the King their Lord and master for euer And verily the Egyptians in this case sat at an easie rent paying but the fifth part and enioying all the rest onely for their paines in tilling the land which by reason of Nilus was a very tender mold that men might water it with their feet and therefore their tillage was no tough labour But how is Vsurie built vpon this What affinitie hath this rent with interest Forsooth you must vnderstand that all maner of contract couenant or bargaine whatsoeuer it be is by him taken for Vsurie If it be vniust or oppressing then it is Neshec which it pleaseth him to translate morsurie not vsurie If it bee equall and iust as this of Iosephs was then is it conscionable and lawfull Vsurie in which sense where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is by all translators read that giueth not to Vsurie nor taketh increase he turneth it To giue to Morsurie or take a cutting rent So other places likewise where those tearmes are to bee found are by him very singularly expounded by the racking of lands and tenements in such sort as tenants cannot liue And all those texts of Scripture which do warrant either purchasing or merchandizing or c letting or lending or tribute or any contract of gaine are by him cut down to build vp Vsurie so as if any shall be so vnmanerly as to put any difference between these contracts and Vsurie then is all this great paines of his vtterly lost Wondring with my selfe who should put these extrauagant conceits into his head at the last I found them in Bullinger vpon whom it seemeth hee groundeth himselfe a moist foundation to build vpon For the same purpose the same Author maketh much of Gods law for the releasing of debtors the seuenth yeere because poore men for the Sabbath of the ground that yeere wanted meanes to pay their debts yet of them who were able to pay it might be exacted Behold saith he the rich man must pay principall and vsurie both the seuenth yeere but not the poore for there is the word Mashah which signifieth vsurie and the verbe Nashah which signifieth to lend vpon vsurie Oportet mendacem esse memorem Doth God release the poore that Vsurie shall not bee exacted of them for that seuenth yeere Vsurie I say by vertue of your Mashah then shall it bee lawfull other yeeres to exact it euen of the poore whom alone you labour to free from Vsurie For doubtlesse that law did bind onely for the seuenth yeere and no longer time the poore therefore will con you little thankes for this argument Yea but it is a prettie reason which hee hath framed out of Salomons prouerbs He that oppresseth the poore to increase himselfe and giueth to the rich shall surely come to pouerty He noteth in the margent a notable place to proue that the rich ought to giue interest How is that proued By the rule of contraries as if Salomon contrariwise had said thus Hee that giueth to the poore freely and lendeth to the rich to encrease himselfe shal vndoubtedly attaine vnto great wealth Indeed To attaine wealth and to come vnto pouerty be contraries Besides I conceiue some antithesis betwixt oppressing the poore to encrease himselfe and giuing vnto the poore freely Now lending to the rich vpon vsurie hath crouded in the midst How lending commeth in passeth my vnderstanding there is no mention in the text either of Vsurie or loane To giue to the rich in bribes that hee may oppresse the poore is a vice or to oppresse the poore that hee may the better giue vnto the rich but is it therefore a vertue to lend to the rich vpon Vsurie and such a vertue as bringeth a blessing from God in stead of a curse So saith the Author in direct tearmes Now the contrary vertue hath questionles the like opposite blessing an equall and like reward of plentiousnesse This is more I dare say then euer Vsurers did hope for or imagine full glad would they be if we could proue it a thing indifferent To lend freely is a worke of mercy and bountie to lend vnto the rich freely is vitious because superfluous he compareth it to powring water into the sea yet to lend to the rich vpon Vsurie makes it very commendable A notable place to proue Vsurie A notable wit that can extract Vsurie out of such a place

one poyson with another or to preuent a greater euill by a lesse holdeth well in physicke But in Diuinity we must not doe euill either that good may come of it or that euill may be preuented by it In peccatis error facit dilemma It is an erroneous conceit to imagine that one euill cannot be auoided but by committing of an other But if thou lend thy neighbor for his reliefe in this case it may be thoushalt be damnified for want of thy money more then thy estate can well beare Be it so yet for all that make no absolute couenant for interest vpon what may be for it may be God will pay thy interest some other way within the reuolution of that yeere If not yet as thy damage being future is casual so let thy couenant be conditional If thou be thus or thus damnified that then such or such satisfaction be made This is equall and iust interest but no Vsurie The portion of an Orphan is put into the hands of a Company or Corporation the principall is fully secured the child brought vp and maintained by the interest That interest so easie as none hath iust cause to complaine of biting many sutors for the imployment of such stockes A custome maintained by the indulgence of the starute the onely Vsurie which our law doth leaue vnpunished what vniustice then can there bee imputed to this practise Or what offence is it either to God or man Verily I must greatly commend your wisdome and prouidence in taking such a fatherly care for Orphans in so peruerse and crooked a generation I must likewise most willingly subscribe to the graue moderation of our law which hath passed ouer this practise of Townes and Cities and let it alone for a toleration is all that from the law can bee inferred Notwithstanding by your gentle patience when the best is made of it that can be there is one thing in this which poisoneth all You haue so disposed of Orphans goods by this order that they be in farre better condition for their estate then they could haue been by the painfull labors and honest indeuours of their most wise and prouident Fathers if they had been liuing in whose hands their portion had then been subiect to negotiation by that vnto perill by perill to decay this you hold to be a great vertue Indeed it is too great for a vertue which must euer hold a meane That order and practise which maketh Orphans no Orphans by yeelding them a greater securitie of principall and certaintie of gaine then God hath ordained must needs be a thing inordinate in it selfe And which is worse by this meanes Almightie God is turned out of office by securing Orphans euen against the act of God himselfe who would be a father of the fatherlesse For this Vsurie hath prouided a farre better fatherhood and more secure protection vpon earth for fatherlesse children then their owne naturall fathers by their best industrie could haue blessed them withal Let the goods of an Orphan on Gods name by your faithfull administration be of equall condition in the hand of a Company or Corporation as it should haue been in the hand of a faithfull father and this sufficeth vnlesse it proceed out of your free bountie else whatwhatsoeuer is more then this by way of administration commeth of euill This I write out of precise truth leauing this your practise within the rule of toleranda non probanda Let vs then esteeme of it as a thing tolerable yet with the acknowledgement of some blemish 2 Our secondrule is that the poyson of Vsurie is in some contracts so closely and cunningly conueyed as the very turne of the intention of the mind may alter the case to make it iust or vniust the contract remaining one and the same If the eye then be single and the intention right that which formally is vsurious vpon the matter may in iustice be equiualent to a lawfull contract If the intention looke awry that which in forme is lawfull may in matter bee a paliat or cloaked Vsurie For A. to lend vnto B. an hundred pound for ten yeeres the principall to be repayed yeerely by ten pound and ten pound ouer and aboue to be giuen for the vse this is plaine Vsurie within the statute Therefore to preuent that statute and to auoide this practise of an Vsurer A. doth purchase of the said B. an annuall rent of twentie pound for ten yeeres with the same hundred pound This is bargaine and sale yet vpon the matter the very same vnder another forme of couenant the very intention maketh it Vsurie insomuch as if the intent could be discouered by any precedent communication of borrowing or other pregnant circumstances ths law would bring it within compasse of the statute for paliate or cloaked Vsury But if simply without any pretence such annuity of rent be bought and sold we cannot condemne it for Vsurie Howbeit if it be an vnreasonable bargaine or be iniurious vnto any by circumstances it may bee a breach of iustice and charitic in an other kind A man buyeth a piece of land at a reasonable rate for ready money couenanting that in case hee shall repent of his purchase within one yeere after the payment of the money that then at the yeeres end it shall be at his choice either to retaine the land and continue his bargaine or to haue that intire summe repaid backe againe which he gaue for the land and so the bargaine to be void This case heth so indifferent betweene an vsurious and a lawfull contract that the very secret purpose and intention of the buyer doth alter it For if the buyer had a simple intent to purchase the land indeed yet desirous to reserue a liberty to himselfe by one yeeres triall of his bargaine and though at the yeeres end he shall take his money againe for some inconuenience found which before was not perceiued or because in the meane time hee hath met with some other bargaine fitter for him this is neither Vsurie nor vsurious But if this buyer hauing this summe of money which presently he cannot put to Vsurie with so good securitie as he would doth therefore make this purchase but a colour neuer intending to continue his bargaine but onely to keepe the land as a pawne for his principall and to receiue that yeeres rent for the vse this very intention maketh it grosse Vsurie and so altereth the case the contract in words and in writing remaining one and the same 3 Our third rule is That hee who deliuereth a summe of money for a time for some speciall designement couenanted and agreed vpon declineth the nature of that loane which in the definition is properly called mutuation For in mutuation the money is so lent that the propertie is wholly passed ouer to the borrower But when it is lent onely for such an imployment the gaine whereof shall redound aswell to the lender as the borrower herein the lender doth