[140] Curtis, court and the Spanish Cortez are all the same word.
[141] In a conversation I had at Dr. Franklin's on this subject, the doctor admitted the principle, and remarked, that a man who haz 1000l. in cash, can loan it for six per cent. profit only; but he may bild a house with it, and if the demand for houses iz sufficient, he may rent hiz house for fifteen per cent. on the value. This iz a fair state of the argument, and I challenge my antagonists to giv a good reezon for the distinction which the laws make in the two cases; or why a man should hav an unrestrained right to take any sum he can get for the use of hiz house, and yet hiz right to make profit by the loan of money, be abridged by law.
[142] See Blackstone on this subject, Com. Vol. II. 455, where the author's reezoning holds good, whether against fixing the value of horse hire or money lent. All exorbitant demands are unjust in foro conscientiæ; but what right haz a legislature to fix the price of money loaned, and not of house-rent?
[143] The legislatures of several states during the late war, were rash enough to make the attempt; and the success of the scheme waz just equal to the wisdom that planned it.
[144] Blackstone Vol. II. 462.
[145] What are marine insurances, bottomry, loans at respondentia and annuities for life, but exceptions to the general law against usury? The necessity of higher interest than common iz pleeded for theze exceptions. Very good; but they proov the absurdity of attempting to fix that, which the laws of nature and commerce require should be fluctuating. Such laws are partial and iniquitous.
[146] Robertsons Charles V. Vol. I. 280.
[147] Blackstone Com. Vol. I. 369.
[148] Blackstone remarks that allegiance iz applicable, not only to the political capacity of the king, or regal office, but to hiz natural person and blood royal. I would ask then what blood royal there can be in a man, except in hiz kingly capacity?
[149] Except the case of Ambassadors or other agents.