Clarke - BV4500_C46_1659_v1

Chap. zo about Borrowing) andLending. 155 z. Upon what termes doyou lend? whether upon anabfolute contract fora fet profit, whatever becomes ofthe principal , or upon a friendly trud to a volun- tary fatisfafion according to the good improvement ofthe fomme lent. The fo:mer is not fife : for where there h idi been an honed endeavour to make art advantage , which yet hath been difappointed by an unavoidable cafualry , or Iforce, there to requireintered, cannot be without opprcf ìon. But the latter is undoubtedly lawful, and fuch asare confcionablewill think rhemièlves as firons ly bound to it by the Lawof gratitude, as by any bond whatfoever. 3. Ifyou make an abfolute contrail ? Is it upon a certainty, or upon an adven- ture ? For if you are willing to hazard the principal, there can be no reafon why you may not cake part of theadvantage. 4. Where the trade is ordinarily certain, thereare yet further confiderations to be had : For the clearing whereof there grounds may be laiddown. I. That the value ofmonies, or other commodities is arbitrable according to the Sovereign authority, andufe of fveral Kingdoms, and Countreys. z. That whatfoever commodity may be fold , is capable of profit in the loane of it : therefore a horfe, or an oxe, &c. feeing it may be fold, it may be let out for profit. 3. That money it felf is not only the price ofall commodities in all civil Na- tions, but in forme cafes is a traflickable commodity , the price whereof rifs and falls in feveral countreys upondivers occafions , and yeelds either profit or Joffe in the exchangeof it. There can be no doubt therefore but that mony thus confidered , being as it were turned into Merchandife may be bought and fould, and thereby impro- ved to a judprofit. Quell. But whethermay mosey meerly confrderedas the price of all other com- modities be let forth to profit ? Anfw. All ufury, which is an abfolute contrait for meere loane of money, is unlawful, both by Law natural , and pofitive : both divine and humane ; and that for thefe reafons. I. Becaufe nature teaches us that mony is not capable of fuperfætation, or encreafe. a. That no manought to feu aprice on that which is not his own. 3. That the ufe of theflock once received, is not the lenders but the borrow- ers: for the power of difpofing ofit, is for the time transferred by contra.}, into the borrowers hands : If the lender then byvenue of fuch a contract rakes intereft, he doth but in a legal way rob the borrower. That the Scripture forbids this praólice, appears, Exod.zz.z 5. Lev. z 5.3 6i3 7. Deut.zz./9,2o. Neh,5.7. Pfal.i 5.5. `Pr6v.28.8. E1ek.18.8. ManyHeathen Nations have alío condemned fuch contraels. Ithath been condemnedby the Council of Vienna , and other Ecclefiaflical Laws. Yet , though it be unlawful to covenant for a certain profit for th.: meet Inane ofmoney , there are other circumfiances about it , which allows the fen der lawful liberty to take ufe for his money,efpecially in thefe two cafes. I. If he fuflains Joffe, and miffes of gainby want of his money lent : for why fhould I hurt my felf to pleafure another , and enrich another by mine own Joffe ? 2. IfI fhall incur a real loffe,or forfeitureby the delayedpayment of the fum lent, I may jufily look for fatisfa&ion from the borrower : yea, if there be an apparent dangerof loge to me at the time of the contract, nothing hinders but that I may fecure fuch a fum as may be fufficient for my indemnity. And if I fee an opportunity of an apparent profit that Icould makeby disburfin..: fuch a fum of money,and another that bath a moregainful bargain in chafe, (hall defi e to borrowmy money for his greater advantage, there is no reafon why I Thou d C e a have

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