CHAI'. XX. _uc1iions, andCafes ofConfience about Borrowing, and Lending. Queft. Flat rule is the Borrower to obferve towards the Lender? .ainfw. That he do nothing to the hurt, and hin- derance ofhim its his outward eflate. heft. slow may the Borrower hurt the Lender jugs ea(svard e f ate ? eíltfw. Firá,w1en the borrower Both. not re- .or retloc the thinCborroivedat a-II to the lender, if he can retain it; contrary to z frogs 6. 5. `Pfah ;. Secondly, if he return or refore not the thin. borrowed to the lender in due time at the time appointed, but keeps it loñ4er without the confent of the lender, andsit-tnay beforceth the lenderto recover that by Law which was Iènt in love. By the Lawof the jean , if the debtor deferred to pay his debt , hewas to be fould, and ins wife, and children,&c. as appeares , '2 Icings 4. t. Hence, Nov. 3.28. Thirdly, when borrowing things that are fpent in the ufe , as Bread , Bear, CViée,Fielìi,&c.he ref}ores not as much,and every way as good as that which was lent him , or things not fpent in theufe; as Horfe, Oxe, Garments, &c. when he ref}ores them not as good as they were lent, but either lei e, or worfe the was lent, and that witti¿igly .and willingly. Of this fort are fuch Tradfinen as break that they may efcape by payinghalf, or aquarter of their debt. Hence that Law, Exod.zz.r4. and z Kiug. 4.7. (deft, Opan what ground is the borrower to- res`ltore the thing borrowed as good as t"came ro his hands ? Or if it be hurt or fpoiled through hts negli- ,ence, or'idgnt-of care, or good afage, he is boundtomake fattsfaflionfor the Image? Anfw. Upon this groundof Equity: Becaufe the borrower onely receives benefit by the thing lent fo long as he bath the ufe of it , therefore he is bound to make it good-, ifaiiy hurt come to it through his want of care and !good ufage. C c Qüel#. ;93 I. II.
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