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Updated: May 11, 2025
"Are you going to accept Muir?" "I'm not going to accept any one at present certainly not Mr. Muir before he asks me." "He will ask you." "Has he taken you into his confidence?" "Oh, he's as patent as a country borrower." "Mr. Arnault, we must change the subject; such questions and remarks are not in good taste, to say the least.
Psalm 112:1, 3: "Blessed is the man that feareth the Lord, that delighteth greatly in his commandments. * Wealth and riches shall be in his house." If the prohibition is applicable only when the borrower is poor it would be difficult to properly apply it by drawing the line between the rich and the poor.
Our wisdom, however, has amended the law in this particular in our decisions, by allowing the owner the option of suing either the borrower by action on the loan, or the thief by action of theft; though when his choice has been determined he cannot change his mind, and resort to the other action.
The element of time is only a figment that clouds the question of right and deceives the borrower. In order that the labor of another may be appropriated it is necessary to give him time to work. The laborer may dig in A's garden a day or all summer and he may chop wood for B a day or all winter. The result is the same.
The title damnum emergens never presented any serious difficulty. It was recognised by Albertus Magnus, and laid down so clearly by Aquinas that it was not afterwards questioned: 'A lender may without sin enter an agreement with the borrower for compensation for the loss he incurs of something he ought to have, for this is not to sell the use of money, but to avoid a loss.
It is also implied that they are necessarily connected with want of sympathy and helpfulness toward the poor. They are presented as an oppression that shall not bless the oppressor. This proverb does not confine the evil to the borrower like the proverb, "The borrower is servant to the lender." The wrong is not confined to those of the poor to whom loans may be made.
The agreement to pay interest preserves for a time the feeling of independence that would be wounded by receiving a loan as a favor. There is usually a feeling of joy and elation in the borrower that confidence in him is so great, and his credit is so high, that he can be entrusted with a loan.
It is readily seen how easy it is to avoid complications when the books are gathered before the opening of the library, for the slip of each one is with the borrower's card, and if the borrower returns no book, no card is given him. After the books are discharged and shelved and the cards distributed, the children are admitted.
Those suffering from it must be reckoned as insane; not sick merely, but actually mad with self-love. Smyth, to gain his play a hearing, would beggar him Iglesias without scruple or regret. But Dominic had no intention of being beggared in this connection. Thrice-sacred charity is one story; the encouragement of the unlimited borrower, the fostering of so colossal a selfishness quite another.
If the loan was for consumption, which was called mutuum, like corn, or oil, or wine, the borrower was required to return as much of the same kind and quality, whether the price of the commodity had risen or fallen. In a loan of money, under mutuum, the borrower was not required to pay interest. Interest was only due ex lege, or by agreement.
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