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Contracts concerning the Lending Glilfonq. 117
iog of a bridge, the opening of a ne", road 'or street,
may become of ten times its former vaiue; ~d, by
contrary causes, may be as mudi reduced in value:
here also, as b~fore, the owner, not the hirer, shall be
affected by the alteration. The rea89n upon which.
our determination proceeds, is this; that c~anges
such ClS these being neither foreseen nor proviqe4 fqr,
by the contracting panies, form no part or condition
of the contract; and therefore ought to hav~ the
sa me effect as if no contract at all had been made
(for none was made with respect to them) th~t is~
ought to fall upon the owner.
CHAPTER x.
CONTRACTS CONCERNING THE LENDING
:.;;= ~ :-~
OF MONEY.
-
Sic
'THERE exists no reason in the·law of nature,
why a man should. not be paid for the lending of
hiS money, as well as of any other property into
which -the money might be converted.
The scruples that have been entertained upon this
head, and upon the foundation of which, the receiving
of interest or usury (for they formerly meant
the same thing) was once prohibited in almost all
Christian countries,· arose from a passage in the Jaw
ofMoSES~ Deuteronomy, xxiii. 19, 20. "Thou shalt
not lend upon usury to thy brother; usu~f mon·
ey, usury of victuals, usury of any thing that is lent
upon usury: unto a stranger thou mayest lend upon
usury, but unto thy brothel· thou shalt not iend upon
usury."
i
This prohibition is now generally understood ~
have been intended for. the Jews alone, as part Qf
• Bv a. st.atute of JAM ItS the First, interest above eight pounds per cent.
was p:ohlblted (antf. conr.e