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money_n according_a commodity_n exchange_n 1,632 5 11.4074 5 false
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A45158 Cases of conscience practically resolved containing a decision of the principall cases of conscience of daily concernment and continual use amongst men : very necessary for their information and direction in these evil times / by Jos. Hall. Hall, Joseph, 1574-1656. 1654 (1654) Wing H371; ESTC R30721 128,918 464

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authority of a Father may reach so farre as to command or compell the Child to dispose of himselfe in Marriage where he shall appoint 322 V. Whether the marriage of Cousensgerman that is of Brothers and Sisters children be lawfull 331 VI. Whether it be necessary or requisite there should be a witnessed contract or Espousals of the Parties to be married before the solemnization of the marriage 343 VII Whether there ought to be a prohibition and forbearance of marriages and marriage-duties for some times appointed 353 VIII Whether it be necessary that marriages should be celebrated by a Minister and whether they may be valid and lawfull without him 361 IX Whether there be any necessity or use of thrice publishing the Contract of marriage in the Congregation before the celebration of it and whether it be fit that any Dispensation should be granted for the forbearance of it 366 X. Whether Marriages once made may be annulled and utterly voided and in what cases this may be done 372 ADDITIONALS to the fourth Decade I. WHether a Marriage consummate betwixt the Unkle and Neece be so utterly unlawful as to merit a sentence of present separation 383 II. Whether it be lawfull for a man to marry his Wives Brothers Widow 406 III. Whether an incestuous Marriage contracted in simplicity of heart betwixt two Persons ignorant of such a defilement and so farre consummate as that Children are borne in that wedlock ought to be made knowne and prosecuted to a dissolution 412 I Have perused these foure Decades of Practicall Cases of Conscience with much satisfaction and delight and finde them to be in respect of their subject matter so profitable necessary and daily usefull and so piously learnedly and judiciously discussed and resolved that they seem unto me best though they come last like the Wine in the marriage feast made sacred by Christs divine presence and miracle and therefore doe well deserve amongst many other the divine dishes and delicacies wherewith this right reverend pious and learned Authour hath plentiously furnished a feast for the spirituall nourishment and comfortable refreshing of Gods guests both the approbation and commendation of all and my selfe amongst the rest though unworthy to passe my censure on such a subject John Downame RESOLUTIONS The first Decade Cases of Profit and Trafick CASE I. Whether is it lawfull for me to raise any profit by the loane of money YOu may not expect a positive answer either way Many circumstances are considerable ere any thing can be determined First who is it that borrowes A poore neighbour that is constrained out of neede or a Merchant that takes up money for a freer trade or a rich man that layes it out upon superfluous occasions If a poore man borrow out of necessity you may not expect any profit for the loane Deuteronomy 15. 7 8 9. To the poorest of all we must give and not lend to the next ranke of poore we must lend freely but if a man will borrow that money which you could improve for the enriching of himselfe or out of a wanton expence will be laying out that which might be otherwise usefull to you for his meere pleasure the case is different for God hath not commanded you to love any man more then your selfe and there can be no reason why you should vail your owne just advantage to another mans excesse Secondly upon what termes doe you lend whether upon an absolute compact for a set increment what ever become of the principall or upon a friendly trust to a voluntary satisfaction according to the good improvement of the summe lent The former is not safe and where there hath been an honest endeavour of a just benefit disappointed either by unavoidable casualty or force may not be rigorously urged without manifest oppression The latter can bee no other then lawfull and with those that are truly faithfull and conscionable the bond of gratitude is no lesse strong then that of law and justice Thirdly if upon absolute compact is it upon a certainty or an adventure for where you are willing to hazard the principall there can be no reason but you should expect to take part of the advantage Fourthly where the trade is ordinarily certaine there are yet farther considerations to be had to which shall make way by these undenyable grounds That the value of moneys or other commodities is arbitrable according to the soveraigne authority and use of severall Kingdomes and Countries That whatsoever commodity is saleable is capable of a profit in the loane of it as an horse or an oxe being that it may be sold may be let out for profit Money it selfe is not onely the price of all commodities in all civill Nations but it is also in some cases a trafiqueable commodity the price whereof rises and falls in severall countries upon occasion and yeeldeth either profit or losse in the exchange There can be no doubt therefore but that money thus considered and as it were turned merchandise may be bought and sold and improved to a just profit But the maine doubt is whether money meerely considered as the price of all other commodities may be let forth for profit and be capable of a warrantable increase For the resolving whereof be it determined That all usury which is an absolute contract for the meere loane of money is unlawfull both by law naturall and positive both divine and humane Nature teacheth us that metals are not a thing capable of a superfoetation that no man ought to set a price on that which is not his owne time that the use of the stock once received is not the lenders but the borrowers for the power and right of disposing the principall is by contract transferred for the time to the hands of him that receives it so as hee that takes the interest by vertue of such transaction doth but in a mannerly and legall fashion rob the borrower How frequent the Scripture is in the prohibition of this practice no Christian can bee ignorant And as for humane lawes raised even from the meere light of Nature amongst Heathen Nations how odious and severely interdicted usurary contracts have been in all times it appeares sufficiently by the Records which wee have of the Decrees of Egypt of Athens of Rome and not onely by the restraint of the Twelve Tables and of Claudius and Vespasian but by the absolute forbiddance of many popular statutes condemning this usage Tiberius himselfe though otherwise wicked enough yet would rather furnish the Bankes with his owne stock to bee freely let out for three yeeres to the Citizens upon onely security of the summe doubled in the forfeiture then he would endure this griping oppressive transaction And how wise Cato drove out all usurers out of Sicilie and Lucullus freed all Asia from this pressure of Interest History hath sufficiently recorded As for Lawes Ecclesiasticall let it be enough that a Councel hath defined that to say usury is not