Dictionaries of the Scots Language
Dictionars o the Scots Leid

A Dictionary of the Older Scottish Tongue (up to 1700)

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Usurary, -ie, adj. [17th c. Eng. usurary, -ie (both 1649), F. usuraire, L. ūsūrārius.] Of contracts, bonds, etc.: On which an excessive rate of interest is charged. Also attrib. c1575 Balfour Pract. 151.
Be the law of this realme, pœna conventionalis, sic as ane sowme of money adjectit … in ony contract or obligatioun, in name of pane, may not be askit be ony persoun, bot in sa far as he is interestit, hurt or skaithit; because all sic panis are in ane maner usurarie, and unhonest 1668 Justiciary Ct. Rec. I 285.
The duty is made 100£ Scotts yearly and the said Hugh to have retention in the first end of the sums due to him, which tack is lybelled to be usurary 1680 Fountainhall Decis. I 94.
Where a bond or right is dated about Candlemas, and yet … appoints the sum to bear annualrent from the Martinmas preceeding this is no sufficient presumption of itself to make the contract or bond usurary … for the money might be ready at the Martinmas 1685 Lauder Notices Affairs II 606.
The Lords … did not find the contract usuraryattrib. 1678 Mackenzie Laws & C. i xxiv 7 (1699) 124.
That the usurary bond or contract shall be reduced 1681 Stair Inst. i xv § 7.
Next, as to such contracts whereby money, or any fungible is lent for the like in kind again, with such a hire for the use thereof. These are called usurary contracts 1681 Stair Inst. i xv § 7.
Usurary contracts with us are only such wherein there is unlawful or exorbitant profits beyond the law 1681 Stair Inst. i xv § 7.
There are three kinds of usurary contracts, legal, pactional and penal: legal are these wherein annualrent is due by law without consent or fault; pactional are these wherein annualrent is promised; penal are these which are by the modification of judges, as the damage of parties