Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	incline_v	keep_v	law_n	16,141	5	7.9682	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11442	A briefe treatise of vsurie, made by Nicolas Sander D. of Diuinitie; Briefe treatise of usurie.	Sander, Nicholas, 1530?-1581.	1568 (1568)	STC 21691; ESTC S105179	38,580	146

doth borowe yt yet he that gaue it to lone may with safe conscience aske so much again as he lent and the borower if he be able is bound to repaie yt Hovv much it importeth that the boundes and limites of euerie contract belonging to the lavv of nations should be inuiolably kept and maintayned The v. Chapiter WHereas al good and honest lawes ought to be duly kept and obeyed as by which the commō weale doth chiefly stand yet specially those lawes are aboue al other to be euery where mayntayned which belong not only to particular cyties or states but euen to the whole societie of all nations and to the vniuersall felowship of all mankind For as the particular lawe is made vpon the particular reason and consent of some one people so the generall ordinances of all countries are made vpon the general reason and cōsent of al men in the whole world Any one people may be sometymes either blinded with affectiō or deceaued for lacke of good instruction And therefore their law being sometime vniust may in that case be iustly neglected But that which pleaseth al mē of al religiōs of al studies educatiōs and sortes can not suerly be erroneouse or wrongfull sithens the cōmon discourse and cōsent of al mē cometh only of God who is the maker and gouernour of al. And consequently that wherein all men agree must needes be suche a thing as either nature it selfe taught them al or els great necessitie publike profit and long experience forced al men to agree vpon And therefore who so breaketh that general decree and law of al nations he is an enemie to the peace of mankind and is vnworthie to lyue in any part of that felowship whose vnitie concord and consent he goeth about to sette at diuision discord and variance He is proud seditiouse foolish vnkind and to saye all in one woorde vnreasonable If no man shal at al haue to doe with another then is there battell byd to God him selfe who made man in such sort that he should be cumpanable and inclined to lyue in societie with other of his owne kind And seeing so many kindes of byrdes and beastes kepe companie together accordingly as their nature prouoketh them shal only man who is made lord ouer them all be yet behind them all in this condition To what purpose seemeth the gift of our speache if we should not lyue with them who may heare and vnderstād vs But if one man must and shal kepe companie with another is yt not reason that such order be taken in common for all that euerie one may without iniurie to him selfe or to his neighbour prouide for him selfe and followe that vocation wherein he is called And whereas euerie countrie hath not euerie thinge but one countrie hath that which another lacketh nature reason experiēce and cōmon profit hath caused such orders generally to be agreed vpō that euerie man of what soeuer nation or tong he be may bargaine or exchange his wares with another in such sort that althinges shal be done to eche parties commoditie without losse or iniury to either of both For seeing euerie man for his part is a member of the whole felowship of mankind he must so keepe his owne place in the bodie where he liueth that he neither put an other out of his roome nor fayle to supplie his owne ▪ so that al things must be don in such sort to our neighbours as we would haue them to do towardes our selues Which rule of nature is 〈◊〉 true so necessarie and so profitable to al men that when Christ gaue to his disciples the preceptes not only of this mortal and transitory life but also of life euerlasting yet he saied vnto them Prout vultis vt faciant vobis homines Luc. 6. vos facite illis similiter Euen as you would that men should doe vnto you do ye also lykewise towardes them And S. Paule teacheth 1. Thessa 4 that if any man deceaue his brother in any matter God will reuenge yt In somuch that yt were better not only to suffer hurt and wrong then to do yt but also when he hath suffered it rather to forgeue yt 1. Cor. 6. then to pursue the iniurie in open court and iudgement How be it this later point in dede is of counsel and perfection but not to doe any wrong to an other yt is a commaundement whiche of necessitie muste be kepte and obserued Neither is yt harde to knowe by what meanes we may avoyde to doo wronge for asmuche as all manner of contractes and bargaynes that can chaunce in mans lyfe haue bene so exactly debated limited and distinguished certayne thowsande yeares past according to naturall reason that whereas there are many kindes of couenantes and bargaynes no one of them al can be broken by men but they shal perceaue that they do therein against the iudgement of reason and so their owne conscience ought to controll their deede And he is not worthie to be named a man who hauing the gift of reason wil behaue him selfe as if he were a beast Mat. 5. Or why is it accompted of our Sauiour Christ so great a fault without cause to call our broother foole but because in deede it is a great fault if any man play the foole or doth become as though he were not partaker of witte and reason For as yt is a great reproch and slander to cal him traytour who is not knowen so to be and as the reproche is so great because the fault of treason is most great euen so is it a great reproche for a man indued with reason to be called a foole because it is a great fault in him to do otherwise then reason would haue him do For when S. Paule called the Galatians foolish Gal. 3. did he not then signifie that they were extremely to be blamed for their grosse vnderstandinge and opinion He that cometh to bargayne with another man either he hath a good intent or an euil If it be euil he is rather malitiouse then foolishe if yt be good seeing the kyndes of bargayning are knowē let him vse some one of them He may lawfully bye or sel lend or borrowe sette or take to hyer trafique in merchandise or ioyne in felowship as he thinketh best for him selfe But if he wil after fiue thowsand yeares wherein the world hath stoode and hath by cōmon consent ordered and disposed al couenants which belong to mans lyfe If nowe he will vpon his own hed deuise a new kind of bargaine or els wil change the former nature of the old bargaynes doubtlesse whether yt be for lacke of wytte or of vertue he is no meete man to lyue in any common weale or to be admitted to the societie of reasonable men My talke goeth to this purpose that the vsurer may vnderstand the first point of his iniustice to be in that he vseth a contracte vnknowen to mankind suche as breaketh many other

behalfe Vsurie hath his name of vsing and thereby is meant the price or estimation of the vse of a thing And because we may vse certaine thinges the substance of them remayning safe as when we hyer another mans ground or dwell in an other mans house in that case yt is lawefull to pay vsurie for the vse of the sayd house or landes But when there is no vse of a thing without the losse and putting away thereof or when the thing is diminished in substance by the dayly vsing of yt that is not properly Vsus the vse but rather as Cicero and Vlpian cal yt Abusus Cicero in Topicis the abuse ▪ as yf we should saye in english it is rather a wasting then an vsing Those thinges that may be vsed and yet remaine safe may also render yearely rentes or fruites ▪ and the lord of them may geue or bequeath the proprietie and ownorship of them to one and the vse and fruite or profite to an other Which thing can not be done in those goodes whiche are wasted and spent by the vse of them because the vse doth diminish the substance yt selfe Wherevpon Iustinian saith Institut de vsufruct § Constituit Constituitur vsusfructus in fundo aedibus caeteris rebus exceptis his quae ipso vsu consumuntur Nam hae res neque naturali ratione neque ciuili recipiunt vsumfructum quo in numero sunt vinum oleum frumentum vestimenta quibus proxima est pecunia numerata ▪ namque ipso vsu assidua permutatione quodammodo extinguitur Ergo Senatus non fecit quidem earum rerum vsumfructum nec enim poterat sed per cautionē quasi vsumfructū cōstituit Vse and fruite is assigned in landes howses and other thinges sauing those which are wasted with the verie vse For those thinges receaue no vse and fruite neither by naturall nor by ciuil meanes of the whiche sorte wine oyle corne and garmentes are to whose nature nūbered or redie monie approcheth next because yt is in maner worne in the verie vsing of yt by continual exchaunge Therefore the Senate of Rome which decreed concerning these matters made not vse and fruite of these thinges for yt was not able so to do but it assigned as it were after a sort how to vse and to take profite of them with a prouiso that who had the vse and fruite of any such thinges left or geuen him should receaue the thinges and should bynd him selfe to restore so much monie agayne at his death if it were monie or els the value of them if they were wine oyle or corne To our purpose it is to be noted that the lawyers confessed these thinges not to haue properly any vse and fruite which might be separated from their proprietie In so much that it was not possible to assigne vse and fruite vpon them verely because it was against nature so to do And Caius saieth in this very case whereof we speake In Pandectis de vsufruct earū rerum quae vsu consu lib. 2. Senatusconsulto non id effectum est vt pecuniae vsusfructus proprius esset Nec enim naturalis ratio authoritate Senatus commutari potuit ▪ sed remedio introducto coepit quasi vsusfructus haberi It is not brought to passe by the decree of the Senate that there be a proper vse and fruit of monie For natural reason could not be chāged by the authoritie of the Senate But a shift being found there beganne as it were a certaine vse and fruite of mony to be taken and accompted Thus that which by witte of man might be deuised in a worldly common weale was done for profitte and commodities sake against nature it selfe But that deuise which th'Emperour speaketh of doth not properly apperteine to vsurie for there the questiō was only whether it might be brought to passe that a man not being lord and owner of them might yet take fruite and profitte of those thinges whiche are wasted with the vsing And when the lawyers had deuised that it should be done as it might be done that is with a prouiso to restore agayne the value of the thing after a certayne time they dyd then deuise no more but howe he that had the vse of the thinge might in the meane tyme be dettor of yt for the lordes safegard to whom the proprietie belonged not adding that he should pay any thinge for the vse of that whereof he was dettor for that is an other questiō and we shal see hereafter howe yt may be determined First lette vs agree herevpon that it is in truth and in nature impossible to diuide the vse of those thinges which are geuen to lone from the proprietie and ownorship of them But the ciuil lawe deuised a shift that the lord and ownor receauing a caution for the valew should suffer him to whom the profit was assigned to enioy the thing frāckly and freely in the meane season Now this Caution which was geuen to the lord and ownor of those thinges did stand to him in stead of his propriety But if we looke to the truth it self the lorde hath for the tyme lost the propriety of the oyle corne wine or monie whiche he delyuered to the vsufructuarie for the vse and proprietie of them can not be separated If the Ciuill lawe sawe and confessed this muche what so euer shifte or prouiso yt made to frame the matter otherwyse once yt was not done accordinge to truthe but by wittie meanes and counterpeyses whiche were not vnlawful so long as no man had iniurie by them For the name only being changed yt might haue bene sayed thus If any man will bequeath the vse and fruite of wyne oyle or monie the heyer or executour shal be bounde to lende the legatarie so muche vppon an obligation to haue the same quantitie restored at hys death or otherwise as the thing requireth And seeing this were an honest legacie the other also may haue an honest meaning if yt be sayed I bequeathe the vse and fruite of twentie poundes to such a man during his life Neither doth this proue any whit that vsurie was allowed by the ciuil lawe but rather that yt was iudged for an impossible thing if none other thing be done besydes that which the lawe of nature and of nations hath determined What say we then Doth not the Ciuill lawe permitte vsurie I aunswer that yt permitteth yt not as a thing that can aryse of the contract of geuing to lone but expressely teacheth that vsurie must be sette about by an other way or ells yt can not be brought to passe at al ▪ and that other way whereof the ciuil lawe speaketh is not able to discharge any mans conscience who shal take vppon him to follow yt In Pandectis de pactis lib. 5. Si ti decē Proculus the lawyer writeth thus If I geue or delyuer thee tenne thowsand and bargaine that thou shalt owe me twenty thowsand there