THE PRACTISE OF THE BANCKRVPTS OF THESE TIMES: In whom are considered,

  • 1 Their fraudulent and deceitfull actions.
  • 2 The evills accompanying their courses.
  • 3 Laws and Punishments ordain'd to curbe them.
  • 4 The charitable cure of so great an evill.

A worke now very necessary.

Written in Latine by Mr Daniel Sauterius, and made to speake English for the generall good of all Commerce.

LONDON, Printed by John Norton, for William Garret. Anno M.DC.XL.

TO ALL THE HONORABLE AND WORSHIPFULL: And all other of what degree soe­ver, who have occasion to deale in any passages betweene Cre­ditors and Debtors, the Transla­tor wisheth all happinesse.

HOnorable and Worll.

I am not so perversly minded, as not to discerne, nor so ingratefull as not to acknowledge Gods great goodnesse to our Nation [Page]in granting and bestowing on us, as all things needfull for our bodies, so also plentifull and necessary instructions for our soules. Yea I behold with much joy many of the Sages of our Law, and o­thers in place of Government, adding to their skill in the Laws of this Land, and promptnesse in matters concerning mens temporall estates, the knowledge of Gods sacred Book, and heavenly skill: as for the Salvation of their owne souls, so also for keeping others from unjust courses prejudicing their eternall estate. I see this, I say, in many, I hope it in the rest: hence therefore I am induced to present this Treatise to the Patro­nage of all such as love Gods sacred truth, and be in place, and strive to promote faithfull and just dealing be­tweene man and man: without which [Page]two, props the Commonwealth may de­sire, but will hardly finde true safetie. So that their endeavour is highly to be commended, who imploy their thoughts and paines in upholding the same. Subtle heads may devise, and worldly policie may forge many shifts; but justice armed with insight into divine and hu­mane lawes, will never, or not easily be deluded. Goe on therefore with noble and undanted resolutions, shew your selves still and ever men fearing God, and hating Covetousnesse. By rooting out of the vice in this Book treated of, take away the blemish of Merchandise, the subverter of faire and just dealing, the bane of Widowes, and Orphanes and many others, the underminer of Iustice, the staine of Christian profes­sion. So being faithfull in discharge of [Page]your places for a short time here, God of his mercie and goodnesse will advance you to a place of endlesse blisse hereafter.

To the most Noble, High and Prudent Counsellors of State in Holland.

ANcient writers to en­noble the force of Musick, have recorded, that it hath cured divers infirmities both of body and minde. How farre their relations may bee credited may not without cause be que­stioned. But tis undoubtedly true, that the diseases of mens minds have been and are often cured by pious re­proofs, seasonable admonitions, faith­full counsels, and religious directions. For to this end God hath given us his sacred Scripture, that it might be a Closet and store-house full [Page]fraught with medecines of this na­ture, by which the depravations of humane frailtie may be corre­cted, and men bee perswaded (which God often inculcateth) to eschew evill, and doe good. Having well weighed this with my selfe: I resolved among other Ecclesias­ticall performances of my calling, to attempt the cure of a most dan­gerous and pernitious sore among tradesmen: who by crafty de­vices and ungodly courses become Banckrupts to the disgrace of their calling, disturbance of the Common­wealth, impoverishing of their Credi­tors, and the discredit (a thing much to be lamented) of Christianity. And surely much the worse are the pra­ctises of delinquents in this kinde, [Page]because God of his especiall favour hath given us plentifull know­ledge, and divine directions most cleere, to keep us in the wayes of God, and in honest, faithfull, gra­tious, and Christian dealing. Fur­ther, when I saw and considered the ill consequents of Banckrupts naughty practises; I judged them more hurtfull and mischievous, thā their diseases who are affected and afflicted with corporall mala­dies of what kinde soever; for bo­dily diseases especially grieve the outward man of the partie disea­sed, & often conduce to the safety of the soule▪ Whereas the evils ac­companying Banckrupts proceed­ings, cause much detriment and harme to all such as deale with [Page]them, and cast the Banckrupts headlong into many sinnes preju­diciall to their soules. Thence it is that often yee shall find Banck­rupts deafe to good counsell, lame and not able to tread in the pathes of equity; blinde, and not willing to see what belongeth to faire dealing. Men distracted, and such as be infected with the plague, are shut up in close places from doing mischiefe: But banckrupts frequent Markets and places of Commerce, and by crafty & cunning carriage wrong full many. Obstructions in the veines may breed some dis­eases in mens bodies; but the inten­tions and dealings of these craftie deceivers cause obstructions and stoppage to all faithfull dealing & [Page]trading. Wherefore I have in brief, 1. Layd open the diseases of Banck­rupts. 2. Shewed the vices incident to them. 3. Declared what laws have bin enacted to prevent their evill dealings. 4. Vnfolded the remedies necessary for the cure thereof. And in each part of my discourse intermingled pi­ous and wholsome exhortations, reproofs, admonitions out of sun­dry learned & approved authors; and with that moderation dealt with them, that if they rightly consider of my Endeavours, they shall have more cause to embrace and like of this Treatise, than to maligne and reproach it. I am one among the rest of Gods watch-men, Exek. 3.17. &c. and seeing so manifest a mischiefe bred, growing up, and increasing, [Page] might not in any wise hold my peace. May it please you to accept of, and take into your patronage a worke so necessarie for the Credit and quietnesse of a Christian Com­monwealth, and the defence and protection of many Innocent and wronged Creditors. Thus pray­ing God to protect you under the shadow of his wings, and to di­rect you in these troublsome times for the happy & prosperous man­naging of the charge committed to you, I rest

Your Highnesse in all Christi­an observance to be com­manded, Daniel Sauterius.

The Translator to the Chri­stian Reader.

I Wish from my heart (gentle Rea­der) that this Booke usefull (as it seemeth) in other Countreyes, had been needlesse in ours. So might I have spa­red my labour in translating it, and you bet­ter have imployed your time than in reading it. But such is the frequency and obliquity of Banckrupt courses at this day with us, that it was thought necessary to fetch these An­tidotes and Medicines for the same from our neighbors Countrey. And J knew not where better to finde them, than in this learn­ed Author; who in this his discourse hath spoken of this subject briefly, and yet useful­ly, judiciously, religiously. Read it thorough, and seriously consider each passage. No in­genuous and well-minded peruser hereof can choose but be bettered by it in his judgment, [Page]as, for the producing in his heart an hatred of this vice: so, for discerning the crafty wiles & tricks of them, who will lay Harpyes claws on what they can catch, and part from nothing which possibly they can hold. Jt can­not otherwise be, but that some persons at sight hereof will fret in their hearts, bend their brows, and sowre their speeches. I wish them a better temper, and more calme affe­ctions, & such a demeanor towards them, who minde their good, as may cleerely testify good ground of hope for their amendment. Mr Da­niel Sauterius the religious and learned Author hereof, being a worthy and faithfull Watch-man of God, hath given warning of the evill in the world, which he saw to grow too rife and encrease exceeding much;Ezek. 3.17.18. Hee hath admonished the wicked of his wicked way, and done what God his Master enjoyned him: It remaineth also that men doe their parts,Ezek. 18.21. &c. And turne out of their evill wayes, that they may live. Jf there be any who notwithstanding will run headlong on in their owne courses and frau­dulent practises, to them J say; Goe too now [Page]yee false and deceitfull dealers: rejoyce in your advantages subtlily got, whilst they which loose by you, weep: Cloth your selves bravely, feed daintily, looke high, whilst your Creditors goe with dejected Countenances, bee barely clad or naked, and want necessary food: Abound you in all jollity und earthly pleasure, whilst others groane under the bur­den of sad miseries, into which you have cast them: But remember that for all these things God will bring you to Judgment. But I hope better things of you, and such as tend to the future reformation of your courses. I wish the intelligent and godly Reader to hope the same with me, and admonish all who have been subtle and fraudulent delinquents in the practises here spoken of, not to deceive us in our hopes, least they deceive themselves of their future comfort. More I shall not need to say, because the religious Author hath very well opened his minde concerning this Treatise, and I have briefly comprised it in the Epistle precedent.

THE PRACTISE OF THE BANCKRVPTS OF THESE TIMES.
The first Part, Declaring their deceitfull actions.

HEathen writers of Old exclamed, O the Times!A complaint of the corrup­tion of the times. O the courses of men! O their wickednesse! For they saw an infinite and intolerable licentiousnes raigning; theyPlin. Epist. 2.14. saw the barres of shame, and bashful­nesse broken up, and audacious men da­ring to doe any thing, and running into extremity of sin without measure or re­straint. [Page]straint. They observedJuvenal. sat. 13. that there could be no bounds or limits set to mens sin­ning, where an ingenuous blush was quite banished from their hardned foreheads. They saw the market place full of buyers and sellers, and plentie of Commerce, but saw likewise vices as frequent, as men. They beheldSenec. of Auger. B. 2. one man supplanting ano­ther; scarce any man gayning but by an­others losse, and some others for a little pleasure or profit, not caring whom they ruinated; Then appeared also more wayes to sin than means to restraine ini­quitie, and men striving dayly, who should outvie each other in mischiefe. Then pronesse to sinne increased, shame­facednesse decreased: So that due respect to Authority and Justice being expelled, unbridled desires rushed which way they lusted; Innocencie was rare, Vice frequent, and sought not secrecy, but was so rooted in mens hearts that it feared not publick view.

These of old were the Heathens Com­plaints; and have not the streames of vice from former times flowed down to us; and all later times made good, what our Saviour foretold of the dayes after him? BecauseMat. 24.12. Iniquitie shall be multi­plied, [Page 3]the Charity of many shall wax cold. Even now wee see, as it were a Trum­pet sounded to make a generall Concur­rence of all men for the confounding of right and wrong. Now are benefitsSenec. B. [...] of Benef. re­quited with mischiefe, and men spare not to shed their blood for whose sake they ought to venture their owne. In a word this was our Ancestors complaint, this is ours; ThatId. B. 1. of Ben. vertue is subverted, that vice raigneth, that all things grow worse a­mong men, and that the reines are let loose to all impietie.

2 That I may not seeme to be the Author of the Worlds defamation without just cause,That matters grow worse and worse is proved by ou [...] Banckrupts. a while examine with me the life and courses of the men of these times. I wish they had not proceeded to the high­est degree of injustice. Even nowAs Lactant. of old B. 7. & 15. of Div. reward. Justice is rare; impietie, injurie, covetousnes common; good men become a prey to the bad. There is no faithful dealing, no peace, no humanity, no shame, no truth;Salust. craft and subtle dealing is more prized than faithfulnesse. This is most true in the ge­nerall Courses of men. But especially among Banckrupts; so that to defraud o­thers, and leave trading, is no more dis­grace, than to goe from a Winter house [Page 4]to a Summer house in May.

AsPlaut. in Pers. easily doe some shift of their Cre­ditors, as a wheele in a swift race turn­eth round. What else is cause of these and the like evills, than a Corrupt Judgment of things? As namely, thatProsperum ac felix scelus vir­ [...]us vocatur. Senec. Trag. successe in ill and fraudulent dealing maketh it counted a vertue.

Because their Craft prospereth, even the successe maketh a perverted Judge­ment to thinke their sinne warrantable; so that away they passe without punish­ment. ThenSenec. B. 3. c. 10. of Be­nefic. also the multitude of of­fendors taketh away the shame of the offence, and the Commonnesse of the ill report maketh it cease to be counted a disgrace. So that hereby itDio. in Nerv. cometh to passe, that we live in an age in which, I say not, a man may doe nothing, but in which a man may doe any thing. For now bad men become worse by their good successe, and please and delight themselves, that the designes of their knaverySalvian. of Gods govern­ment. B 1. have a prosperous issue; such are our times, our Courses, our naughti­nesse.

3 Concerning Banckrupts there are (forTull. de orat. a right distinction of things beautifieth speech,Of two sorts of Banckrupts and preventeth objections) seve­rall [Page 5]kindes. The first is of them, who by casualties have their substance wasted: TheBenven. in his Treatise o [...] Banckrupts. second sort are they, who by their owne default are impoverished: These last are the worst sort of men and deserve no pitty. Of them I intend to speake in due order. So that my speech shall aime at no particular man, but make an inqui­rie of the vice in generall. Whosoever therefore (as in like case St Ierom saith) shall be offended therewith, even con­fesseth himselfe in particular to be the man, who in generall is spoken of.

4 And first I will speake of Banckrupts become so by Casualties.Of Banck­rupts become so by Casual­ties. The Lawyers say well; outSancinus de paen c. 1. de injur. lib. 6. of a hatred to to the Guilty, to lay blame on the Guiltlesse, is contra­ry to naturall equity. And tis thought altogether inhumane, that a Banckrupt should be punished, whose goods have been wasted by certain and evident ca­sualties. Wherefore we cannot well lay the blame of his failing upon himselfe, if it be made manifest, that he lost not his goods by his own default.

Now breaking of mens estates may befall, first by casualties at Sea: whenHorat. the Merchant by restlesse paines (desiring to fly povertie) say leth to the Indies, and [Page 6]miscarrying by stormes in his voyage becommeth poore. WeeTacitus ann. all know that nothing subjects a man more to casual­ties, than the Sea; and thatSenec ep, 36. a Marchant needeth prosperous fayling, who shall stand to his ingagements: which if hee find not, he must needs be impoverished, cannot pay his debts, and is compelled to leave the Exchange. 2. TheyBenven. Treat. of Banckrupts. may bee overthrowne by casualties, who fall into Pirats hands: for PiratsL. Florus B. [...]. c. 6. range and rob at Sea, hinder Commerce, shut up the Ports by their forces, and are worse than a Tempest, so that no ship well fraight with wares of worth can passe them. AndChrysost. [...]om. 4. on Gen. 1. thereby often the Merchant becometh insolvent, and departeth his Countrey. Lastly, some men without their owne default, loose their estates by being fraudulently dealt withall by o­thers: So2 K. 4. Jo­ [...]eph. antiq. [...] 3. it befell the Prophets wife left in debt by her husband, not by her owne, but by anothers default; in this manner it may come to passe, that an ho­nest man may suffer through another mans fayling & naughtinesse. To become banckrupt absolutely by another mans de­fault, is not lyable to infamy: andAlex. of Alex. B. 5. [...]. 2. there­fore question need not be made concern­ing [Page 7]his corporall punishment. Hence, Otho made a law, that men impoverished by Shipwrack, not by their owne ne­gligence or wastfulnesse, should stand in an appointed publick place, that all men might see them, and out of true compassion relieve them. But whosoe­ver spent themselves by riotousnesse and ill courses, should be quite excluded and denyed that benefit. Now further consi­der we, what men undone by casualties are to doe.

5 When crosses able to breake mens estates doe befall them and much trouble them, they ought not to fret and grieve,What men undone by casualties ought to doe. but possesse their soules in patience. ForCicer. sam. ep. 8. then is adversitie patiently to be under­gone, when a man is not cause thereof. Well said Cicero, commonIdem. fam. epist 5. and uncer­tain casualties which providence could not avoid, are wisely to be suffered; Im­patience lesseneth not, but aggravateth greifs; whereas moderationPlant. in Rudent. of minde is like good sawce, and sweetneth ad­versity. Let them therefore that are ex­ercised with crosses, take unto themselves a patient prudence, and learne to molli­fie hardship befalling them, with the skill of right learning adversity. And let [Page 8]them think, that thisSence. ep. 103. is one Haven of a sea-tossed & troubled estate, to contemne chance, to stand boldly & ward the darts cast by crosses with a resolute heart pre­pared for them. Besides, let them remem­ber, that they be men brought forth and subject to the common misery of humane condition, and may not refuse to live ex­posed to that frailtie, to which men in this life are borne. Let them with pa­tience undergoe the casualties, which by any Councell, Prudence, and Providence they could not avoid, and remembring the crosses, which have befallen others, think with themselves, that no strange, or uncouth, or unusuall matter hath be­falne and light upon them. Let themJob 1.21. &c. 10. take Job for a patern of singular patience in manifold miseries: So also Abraham a man conspicuous both for crosses, and happy successe. With what evennesse of carriage, with what resolution, did both these beare their troubles? In this manner all may be happy, who have learned by the course of human life well and hum­bly to beare miserie, and not to shake off the yoke laid upon their necks. God the high and Almighty Governor of the world, permitteth crosses to fall on men, [Page 9]yea layeth them on some: NotArrianus to Epict. 1.12. out of a desire to plague them, or to hurt them, but like a good Physitian, Tutor and Fa­ther, to doe them especiall good. For weRom. 8.28. know, that all things work together for good to them, that love God. Affli­ctionRom. 5.34. brings forth patience, patience experience, experience hope, and hope maketh not ashamed. If you desire the furtherance of your owne Salvation: Heare what the Apostle saith,1 Cor. 11.31. We are judged and chastised of the Lord, that wee should not be condemned with the wicked world. Doth your faith languish? Crosses assault you, that it may be rouzed up: GodAug. in ps. 93. is good to you; for if he did not mixe some bitternesse amidst the happi­nesse of this world, wee should forget him. But by his raising stormes in mens mindes, by vexations and crosses he wa­kens faith, which before lay asleep. Wherefore God bySenec. afflicting men out of fatherly good will to them, desireth to put life into them, and to make them get new strength. So that those rather are truly to be called miserable, who lie snorting in too much happinesse, whom a lazie restinesse possesseth, as in a becal­med Sea. Let us then think it best with [Page 10]patience to beare, what God pleaseth to lay upon us: He ruleth as King, we must obey: Neither shall we ever be well prepared for crosses, unlesse without murmuring in the midst of all troubles we can often say; Deo aliter visum est, immo Deo melius quid visum est: God hath a hand in this, yea, God hath laid this crosse on me for my good: He knew what was best for me. Our minds being thus composed, will moderately and thankfully entertain happinesse, and re­solutely and constantly beare adversity.

6 Further to comfort the former sort of Banckrupts,Of the second sort of Banck­rupts, who fall by their owne default. shall not here be requisite; because our intent is not to treate of them: Come we to the second kinde of Banckrupts who areBenvent in his Treatise of Banckrupts. impoverished by their owne default, and are indeed the worst sort of men, worthy of no commi­seration; for their il cariage maketh them uncapable of pitie. Hence first antiently they were counted contemptible and in­famous. This we see by Crassus called the RichVal. Max. B. 11.: His poverty in the end put on him the name of Banckrupt; for his goods (because he could not make pay­ment to his Creditors) were sold and himselfe walking, as a begger, saluted [Page 11]with the bitter geere; Behold rich Cras­sus. Secondly, they were forbidden commerce. The 12 Roman tables say thus: Because Jul. Paulus sentent. 13.6. you lavish out your estates, we therefore forbid you the use of money and Commerce. Thirdly, they were ad­judged unworthy of the name of Trades­men: for he that tradesBaldus in Gens. 74. unjustly or is an ill Tradesman, is not properly called a Tradesman, but equivocally and abu­sively. Fourthly, because not observing the rules of fidelity, they deserve the stile of frandulent wasters of other mens mo­ney, and inBenvent. in Treat. of Banckrupts. Latin are called Decoctores; which word cometh from decoquo to boyle away; for as fire by little and little boyleth away the substance of any li­quor: so these Banckrupts by degrees waste and diminish their estate. Fifthly, in Tuscany Boerius b. 7. Divis. 215. and all Italy, they are called Banccafalliti, and in divers other Coun­treyes Banckrupts, because they faile, breake, and appeare not at the banck, table, or compting bord, where they should pay their debts.

Of these let us speak in order, for (as Cicero) tis not enough to finde out and declare any thing: the maine matter is judiciously and orderly to intreate there­of. [Page 12]Concerning this sort of Banckrupts first we will unfold their deceipts in getting other mens money into their possession. Secondly, we will describe their divers courses of wasting it. Third­ly, we will lay open their base and dis­honest purpose to deceive and faile their Creditors.

7 Humane corruptionPlaut. in Rud. hath devised many tricks and snares to deceive the unwary.Of Banck­rupts crafty courses to get money into their possessi­on. Fowlers houses are not more full of engines to catch birds, and fill their cages; than Banckrupts heads are full of plots to store their warehousesAristophan.; Nor herein onely doe they deale craftily, but also dishonestly, and knavishly. Gaine is the marke they aime at; which ifLactant. B. 1. of true wor­ship. they cannot attaine by their lawfull trading, a false finger must doe the deed; they will cheate, steale, spoile, circumvent, for­sweare, stick at nothing; so that they may glitter in brave apparell, rings, pearles, and make a gallant shew with their silver and gold, and satisfy their greedie desires with other mens wealth. Their first trick is pretending themselves to be rich; forProverb. 15. there is (saith Salomon) one that maketh himselfe rich, when in­deed he hath nothing: These Banckrupts [Page 13]will make a shew as if they were Mag­nifico [...]s, brave and accomplished Mer­chants and Traders, both by their words and courses, though they be of meane estate. Secondly, they conceit that brave apparell, orient Pearles, gold Chaynes, and the like gallantry will easily beguile the common people, who judgeCicer. Orar. pro Rose. much from a light opinion, little from reall truth. Whence the report of their wealth shall be so blasoned, that there can be no better birdlime for their bush. Admo­nishBernard B. 4. ad Eugen. them of carrying a lower sayle; Tush say they, I scorne it: It becometh me not: Tis not suteable for the time, this lofty carriage is for my good. Thirdly, to gaine the peoples applause, they build stately houses, astonishing the beholders with their strange Architecture the rea­dy way (saith Livie) to make rich men run much into other mens debts: So that 'tis a vanity of fooles and mad men, to gaine popular applause, and to make a nine dayes wonder for to get an opinion of their worth in mens minds, which soone fadeth, dyeth and deceiveth them. For whatLactant. B. of true wor­ship 11. is it to pretend large possessi­ons, and to be much ingaged for them? to have brave houses, but built with other [Page 14]mens money? to have gallant attendance▪ but to want means answerable? Those are ill accomptants, who see not that having paid their Creditors, they are just worth nothing; a Cipher may serve insteed of summa totalis. The tongues of Banckrupts dropPlaut. in Trucul. milk and hony, when their hearts are fraight with Gall and Vinegar. They sweetenLucret. B. 1. the lip of the cup with sweet juyce, when the potion is wormwood; and guild the pill and cover the distastfull Aloes, not to doe good, as loving Mothers and skilfull Physitians are wont, but to wipePlaut in Pers. men of their money with a few faire words, and closely and covertly to purloin o­ther mens estates. Many more are the tricks and shifts of these deceivers: So that had I Centum linguas, oraque centum, an hundred mouthes and tongues, yet could I: not rehearse the names of their tricks and legerdemain, much lesse fully decipher them;What Banck­rupts do, have­ing got money into their clutches. Let us further proceed to open them as well we may.

8 When once Banckrupts have pursed the Coyne, not long after there is little hope of making paiment; their hands are lime-twigs, what onceManus arripi­dae nunquam postea cripidae Plaut in Pers. they lay hold on, they never let goe. If you de­mand, [Page 15]what is due, and require restitu­tion of the money lent. 1. They have in their mouthes Antigonus Plutarch in the life of Ae­mil. [...] his large promises; but as Chares the Athenian they will pay nothing. 2. If you urge and presse them to satisfie at the timeEccles. 29 4. appointed, they desire forbearance a while, they faine excuses, plead hardnesse of the times. 3. If more and more you be instant with them; Then theyTeren in Andria. who could not at first deny payment, now when the time of performance is come, they must needs shew themselves and deny it; and then most impudently they say; what are you? what would you have me doe? will you begger me and mine? I love you, but I must love my selfe better. But aske them; Is this your performance, is this your fidelity? they are not a shamed at all. At the borrow­ing where they should be bashfull and timerous, lest they should not be able to pay, shame was farre from them: Now when they should pay, they feare, they blush, hide themselves, which they should not doe: 4. If you threaten to bring them before the Judge, they im­bitter and sowre their speech, counte­nance and gesture towards you, and with [Page 14] [...] [Page 15] [...] [Page 16]opprobrious and disgracefull words re­vile you. ThePlaut in Cap. greatest part of men are of this temper. They are kinde and good till they obtaine their desire; when they have obtained what they would, then become they starke nought and extreme fraudulent. These (as Siracides Eccles 29.5. saith) till they receive what they desire, kisse their neighbors hand, and humble their voice, and at last pay him with cursing and rebuke, and give him evill words for his good deeds:Lyfias in A­then. B. 13. for they reckon the money. which was but lent them, as a thing found, and conceit that which was lent them to use, as truly their own, as their patrimony rightly descended upon them. An utter evill kinde of men are these! may you not well affirme that there is lesse danger in a storme in the Irish Sea, than to deale with them? Let us see how they bring themselves into these evills.

9 Tis no wonder that these Banckrupts have no fidelity,The courses of Banckrupts for spending their own and other mens estates. nor care of restitution; for they observe no meane, no stint in spending, many wayes they lavish out their estate. First, by prodigall and foo­lish largesse, not outCicero. offic. 1. of a bountifull nature, but vaine glory, and to expend [Page 17]more than their estare will be are, as A­grippn Joseph. an­tiqu. 18.8. Herod the greats Nephew, beg­gering himselfe thereby. Or secondly, these Banckrupts spend all in riotous and excessive cheere, as the Eroliant Polyb. 13. who plunged themselves into debt by their delicious fare. or Thirdly, at gaming houses take a compendious way to loose all, imitating Claudius Casor, whoSueton. was a most studious gamester, & wrote a booke of the Art of gaming. Or fourth­ly, as Pericles Plutare. in Pericl. the Athenian, by can gri­ficent building which either shall have a short or no continuance whereon to creat their memorie: ThisLactant. B. or true wor­ship 6.11. also is a ready vaine of needlesse expence to squander a­way the patrimony of light-heads. Or fifthly, they cōsume their goods by giving themselves up to luxuriousFlorus 3.12. preparation of magnificent banquets; which sumptu­ous mother will ere long bring forth poverty a bare and needy daughter: for hereby may bee exhautedTacit. B 2. a Princes treasure: hereby the Boetians Polyb. B. 10. after the Leuiruh battaill consumed their wealth, and proved befo [...] [...] unkards. In Tul­lies time there were found some, who2. ag. Catil. spent all their industrie and whole life in nightly revells: And after his dayes [Page] [...] [Page 17] [...] [Page 18]there arose others, who byBenvent in Treat. of Banckrupts. sumptuous banquets and gluttony lost both wit and wealth together. Such are still living, and are the wastfull brood and successors of those riotous and spend-all Progeni­tors and predecessors. From these causes have issued such abundance of insolvent debtors.

10 The purpose of Banckrupts to run their Countreys or cōceale them­selves from their Credi­tors. We see also many now adayes as deep­ly ingaged as the Roman Knight,Macrob. sat. B. a. ch. 4. to walk up and downe idle and heartlesse, and not unlike to Annius Plin. B. 36. ch. 5. Milo, who did owe 700 Sesterties, and by Plinie is censured, as a Prodigie among men: Or as C. Curio Val. Max., who was ingaged for 600 Sesterties: Such men conceit it their on­ly course with C. Galba Sueton. the brother of Sergius the Emperor, as they have run out of their estates, so to run out of their countreyes. Wee need not seek far for domestick examples equalling the worst of these, and never minding to pay their debts whilst they live, and therefore to their great ignominie and disgrace, dis­honestly doe they purpose to fly their na­tive countrey, or play least in sight and mew themselves up from their Credi­tors aspect: And so to lye close for a time, till compact can be made with [Page 19]their Creditors, to take part for their whole debt.Minsing Inst. 4.6. So that they may be justly called, not onely Forifugae Runagates from the market, but Lucifugae Runa­gates from the sight of men, and are termed by Ʋlpian Pandect. 21. night birds and batts: who in respect of their ingagements in the day lurke unseene at home, and lest they should be caught by their Credi­tors, scout forth in the night. I cannot but mourne for their naughtinesse, be­cause it little moveth themselves. Oh their blindnesse justly to be bewayled! For who isAugust. more miserable than a mi­serable man, who is unsensible of his own miserie? Charity saith Bernard, moveth meBernard. Epist 2. to grieve for them, who being in a grievous estate, grieve not for them­selves; yea it maketh me the rather to pitty them, because when their case is pitifull, they perswade not themselves in how pitifull a condition they are. Well, let us proceed in this discourse. Plenty of matter afforded carrieth us on further and forbiddeth us here to de­sist.

THE PRACTISE OF THE BANCKRVPTS OF THESE TIMES.
The second Part, Shewing the Evils incident to Banckrupts.

Many evills proceed from the fraudu­lent dealing of banckrupts. BUt what? me thinks I heare the Banckrupt within himselfe say: The rude rable of the people geere and hisse at me, but I applaud my selfe at home when I view the baggs in my chest;As Horacea sat. 1. Serm. 1. what need I care, what my Neigh­bours chat: when as I know, how by o­ther mens miseries and griefe to get a goodly and rich prey for my selfe? A­way with this impudent speech. Hea­then Tully couldBook 3. of offic. censure it for a crime [Page]of wicked men, that any thing should seeme good and profitable for them, which is not also just, honest, and may stand with their credit. Undoubtedly in these our times tis much to be lamented, that men out of an opinion of things be­ing for their good, that is, their profit and advancing their estates, rush head­long into many evils, if not into their owne perdition. Now that we may re­call and withdraw Banckrupts, who are deepest in this bad opinion, from their ill courses: Let us consider the mul­titude, confluence, and sinck of evills is­suing from their enormous courses. Yea there is an Ocean of them; may you please with me compendiously to saile through them.

The first evill of Banckrupts. They disturbe the Common­wealth. Many things there bee troublous to Commonwealths, pernicious to Cities and Kingdomes; but nothing worse than the courses of fraudulent wasters of their estates. For as the Sea is calme of its owne nature, but made dangerous by violent winds: So a state quiet in it selfe, is made subject to most violent tempests by the actions of fraudulent dealers. For they preferring their owne gaine before the publick good, disquiet [Page]and disturbe the commonwealth. This is evident. First, because fidelity in per­formance of Covenants and Promises is one maine foundation of a well orde­red Commonwealth. Nothing saithOffic. 2. Tully doth more keep a State in due course, than fidelity in dealing, which is utterly taken away if there be not a faithfull and true payment made to Cre­ditors. If Banckrupts the Arch-builders of fraud, utterly subvert and take this a­way, as indeed they doe, who doubtethBodin of the Com. W. B. 5. but that the Commonwealth, unlesse prevention be in time used, will shortly be ruinated? Secondly, by Banckrupts courses, Trading whichCicer. offic. 1. was invented for the maintenance of the life of man, is quite overthrowne: yea commerce and dealing of man with man is the bond and prop of Cities and Kingdomes: If then Banckrupts weaken or violate per­formance of fidelity, which to doe saith Aristotle Rhet. to Theod. 1.15. overthroweth all use of trad­ing among men: The Commonwealth cannot florish, but become a body with­out a soule. Thirdly, often seditions and & discords arise upon Banckrupts cheat­ing their Creditors of their estates, or Compounding with them for the third [Page]or fourth part. Tully Bodin of the Com. W. 5.11. censured that the cancelling the first Covenants made with the Creditors, and drawing new Covenants is the overthrow of the foun­dation of a State. And Seneca Caelius An­tiq. 12.10. saith, that the benefit of new Compounding is most pernitious to a Commonwealth. And surely no lesse mischiefe cometh to a Citty by giving liberty to Banckrupts to abide insolvent; for hereby a greater occasionBodin. 5.11. is afforded desperate men to violate their promises and Covenants, and to disquiet all. And truly this will be the Condition of our times, unlesse speedily a remedy be applyed to pre­vent this mischief spreading in the bow­ells of the Commonwealth; lestPor. Lat [...]. in Catil. as a flame at length it so prevaile, that it lay hold on all (which God Almighty pre­vent) and we in vaine goe about to quench the furious and exorbitant flames thereof.The second evil of Banck­rupts, is per­jury.

In the Actions of Banckrupts, perjury hath its place: IfSalvian. B. 3. of Gods go­vernment. fraud and perjurie be incident to the courses of ill trading, much more to the courses of Banckrupts by whom no course isSophocl. counted ill, which may make for their gaine: Thence goe they on to the CarthaginianCic. B. 1. of the Punick. W. perfi­diousnes, [Page]and observe no true, no holy dealing, and so familiarlyPlaut. Bragg. sould. use false speech, false deeds, false swearing, and play fast and loose at pleasure: 'Tis a­greed, tis not agreed; 'Tis not agreed, 'tis agreed; AndAlex. of Alex. B. 5. C. 10. think they may de­ceive men with false oathes, as Children with Toyes: When they borrow they Covenant, plight their troth, make mu­tuall promise of performance, doe it un­der their owne hand writing, have wit­nesses subscribed thereunto. But what of all this? TheyAristoph. (as Eucrates) have a way and trick to frustrate all this; they can ever finde a starting hole, a sleight to avoid all, and neglect all fi­delity. First, Put them in minde of their promise, presse them to fidelity. They stick not to say by their practise, if faith­full dealingSueton▪ be to be violated, it is to be done (not as Caesar said for a Kingdome, but for a lesse matter) for money. In o­ther occasions be pious. Yea they are like lustful lovers, whoCatul. feare not to sweare, to promise any thing; but when their lust is satisfied, they neither feare, nor care what they said, or what they swore. Secondly, if their owne hand writing cannot hold them, no marveil that theirPlaut Aulul. [Page]words cannot. TheirJuvenal. sat. 16. owne subscripti­on, their seale of a rich Pearle kept in an Ivory box, cannot make them to pay the money borrowed.

Vana supervacuae dicunt chirographa chartae.

The evidence produced is but a scrib­led paper in their accompt; they will rather part with all shamefastnesse, than a dram of silver, and therefore esteemeCic. witnesses a sport, and an oath as a jest. Filthinesse added to deformity causeth the greater loathing in the body: Now how great is the corruption and filthi­nesse of a perjured and depraved soule? WhitherAs Enn. in Cic. offic. now is reason, which used to stand upright, unreasonably bowed and inclined? Is there no punishmentJuvenal. sat. 13. in store for perjured tongues and subtle fraud? Poore Soules! ThoughTibul. for a time yee may escape: at length Revenge cometh with still and slow, yet with sure stepps; yee cannot avoid it.

The third evill observable, in Banck­rupts is breach of brotherly love and cha­rity:Thirdly, Banckrupts break the bonds of bro­therly love and charity. For Banckrupts possessing and wasting other mens goods, cannot chuse but breake the bands of humane friend­ship and charity, which forbidsCic. offic. 1. to [Page]wrong any man, and injoynes us to re­spect the common good, and by mutu­all interchange of duties, and trusting forth and receiving againe wares, to confirme the bands of humane society.Cic. offic. 3. These bonds will not Banckrupts spare to breake; and therefore also undermine the very foundation of humane society, to inrich themselves and others with o­ther mens money and estates. Lend any thingIn Trinum. (saith one in Plautus) thou loosest it: the borrower taketh it as his owne: aske it againe, for thy good will thou findest the borrower thine enemy: presse to restitution, and then, of two evils take thy choise, either to loose what was lent, or else thy friend. They will neglect the bond of friendship and not pay. M. Crassus was at once berea­vedPlutarch. both of money and friends: for when at the time appointed he craved to receive what he lent without use: that which was done by him gratis was more odious to them than had he lent it upon use; Thus made he of friends, enemies, and for his money possessed the winde. O wretched men! who once thrust out at dores fidelity and friendship, who are so averse from faire dealing, that they [Page]carry a violent hate and hostile rancor towards their Creditors, and opprobri­ously seek to disgrace them! Give me leave to exclame and powre out this just Complaint. The good man Mic. 7.2. is perished from the earth, there is none righteous a­mong men: They all lye in waite for blood, every one lyeth in waite for his brother with a net. 'Tis safer trusting to fire and water than to fraudulent men: 'Tis sa­ferCrates in Lactant. to doe a kindnesse to a serpent or savage beast by breeding them up, than to these men. What more harmefull, what more cruell to man, than the Dra­gon, Panther, Lyon?Elian. T B. 13. yet did a Dragon preserve from theeves a Youth who had accustomed to feed him. The Panther,Joh. a S. Ge­min. B. 5. if a man free her young ones from the trap that hath caught them, fawneth on him and conducts him safe out of the desert. A LyonAgell. 5.14. requited Androdus for pulling the stump of a tree out of his foot, and defended him in the den of wilde beasts, into which he was cast at Rome, and thus shewed a gratefull memory of the cure wrought on him. And shall men with evill requite a kindnesse done by lending them money? Truly it is not safe toPlutarch. bring up savage creatures, whose [Page]mindes are soone alienated from their benefactors, and that to their great pe­rill: because they harme their masters and requite with mischiefe the kindnes done to them. Much more is it not safe to credit them with money, who will make a prey of it, and from a kindnesse done them, raise extreme hostility and hatred,Cic. offic. 3. and in mens shapes expresse the savagenesse of beasts.

Fourthly, the theft of Banck­rupts. The Courses of Banckrupts in the fourth place draw them within com­passe of theft. If Cato likenedAdvertis. sur divers crimes. a Usurer (one of those who in their times had no bounds set for their Consideration) to a close murtherer; surely a man may wel call a fraudulent Banckrupt a thiefe; for of a set purpose he possesseth himselfe of a Creditors estate, carrieth it away, and cheates him of it by cunning and subtle devises. This is thus proved: First, if he according to Dracos lawesAgell. 7.16. be liable to theft, who imployeth a labouring beast▪ otherwise than in that use for which he was let out to him: on the same ground are not Banckrupts, who use mens money to other uses than they were lent, well termed theeves? Now they turne them to other uses than the [Page 29]lender intended, 1. when they lavish thē out upon their pleasures. Secondly, when they borrow them of one Creditor to stop another Creditors mouth, that cla­mours against them. SuchDiodorus 16. was the fault of the Phocians, who to pay the a­mercement to the Amphictyons, conspi­red to rob the Delphick Temple. Third­ly, when Banckrupts spend the borrow­edHenry 4. K. of France E­dict. An. 1605. money in estating their Sonnes or making rich dowries for their Daugh­ters, or any way convey and turne them over to their heires or agents or friends in trust: Thus some Banckrupt doth, though it be a folly in him to provide for others, and be in want himselfe, or to make others unjustly to gape after his death and wealth, who unjustly rob­bed others of it: for oftentimes theSenec. Epist. largenesse of the prey and intire enjoying it, maketh them of friends turne ene­mies to the Banckrupt.

Secondly, Banckrupts are proved ly­able to theft thus; if by all mens verdict he be judged a thiefe, that having pawn­ed, or lent on consideration any thing, takes it closely into his possession before the time; much more is he to be accused of theft, who after the time of payment [Page 30]is expired, deteineth in his hand another mans money against the owners minde, and will not restore it. The former is true; for by his own consent to lend it, he made the use of the thing another mans if therefore he take it away before the set time, he endammageth the borrower and committeth theft, as say the Law­yers. L. Si quis cui. D. de furto L. in actione * qui rem & L. si aves D. de furtis, therefore also the latter is true.

Thirdly, he is a thiefe that concealeth another mans goods: But Banckrupts often conceale borrowed money, and will not let their Creditors know their estates; and running away with all or a good part thereof, say that they are in­solvent. And surely in all passages, espe­cially in concealing of goods got into their hands, so many and so covert are Banckrupts subtilties that they cannot be either unfolded or indeed imagined. In so much, that 'tis taken for granted among Lawyers, ThatNic. Boerius. Banckrupts and fugitive merchants or tradesmen may be wracked, that they may tell what is be­come of the money lent them for mer­chandize and trading, which now they deny themselves to have, and say, that [Page 31]the Retayler hath got it, and by him it is lost: Therefore for concealment of other mens goods they may have theeft layd to their charge.

Fourthly, and lastly, heDanaeus in his Ethic Lev. 19.12. Exod. 22.17. committs theft, who denyeth what he borrowed or had deposited in his hands: But banck­rupts often deny with impudent faces that they received the money which was lent them; therefore they are liable to bee accused of theft. Now to deny the truth in this kinde is base and dishonest, and maketh a man uncapable of the be­nefit of avoiding prison and compound­ing with his Creditors.

Besides 'tis no ingenuous part,Minsing Inst. b. 4. rather to bee found in the crime of theft, than to pay what a man oweth: And if they be men of place, they should regard what beseemed their persons; for it is more grosse and base for men in dignity to cir­cumvent by fraud, than to take goods from others by open force and violence.

Fifthly, Banck­rupts guilty of murther. Greater yet is the mischief arising from the dealing of Banckrupts: For fifthly, they are foūd also guilty of murther. For first, there is in them an intent and pur­pose to hurt and wrong others in the course of their lives. And as St Au­stin [Page 32]saith, every unjust motionAugust. in Johan. of the minde, by which men are incited to to wrong their brother, is murther. Thus are they mutherers not armed with swords, but with fraud and craft for their owne gaine to overthrow others. Secondly, he that depriveth others of the necessaries for their life, what doth he else but deprive them of their lives? He killethEccles. 34 22. his neighbour, that taketh his bread from him; he thatTull. offic 1. unjustly setteth upon another with craft to wrong him, doth as it were lay violent hands on him. If Banckrupts by their Cunning shifts and tricks carry away the money of honest Cittizens, poore wi­dowes, and Orphanes, which should susteyne their lives, what doe they else but as Vultures suck their blood and teare in peeces, and devoure them who are innocent, and know not how to help themselves?

But the Banckrupts plead, doe we not for their money afford unto them the yearely maintenance, upon which they live? I answer, this small kindnesse is soone turned into a great mischiefe: Nor indeed is it a kindnesse, to seeme to doe Creditors good for a while, and then [Page 33]wholly to rob them. So then thirdly, un­der a shew of being helpfull to Credi­tors lives, the Banckrupts in the end goe away with the principall, and dig the deeper pit for their Creditors over­throw. This kindnesse of Banckrupts is like the stinging of the Aspe, with whoseChrysost­hom. venome if a man be infected, he falleth in a pleasing sleep, so that the venome disperseth it selfe through all the veines, and the party dieth sweetly sleeping: So the Banckrupt for a while lulleth with kinde supply his Creditor asleep, that he may disperse his poyson more securely, and carry away the principall, and by spoylingAmbros. him of his lively hood doth prejudice to his life; so that Banckrupts may be justly called a viperous brood, who eate out the very bowells and the states of their Creditors, that them­selves may subsist in the world. What differenceSenec. B. of Benef. then is there betweene a Banckrupts kindnesse and an enemies wish? an enemie wisheth thy over­throw, and a Banckrupt by pretending to supply thy life with maintenance, in the end worketh thy ruine.

Sixtly, Banck­rupts hypocri­sie. Furthermore the courses of Banck­rupts are in the sixt place full of craft and [Page 34]cannot want hypocrisie: DoePlaut in Pseud. but heare their humble words & view their smooth faces, no man can think them bad men, at opera fallunt, you shall find them false in their deeds, likeBasil. Hom. 7 on Ex. the fish called Poly­pus, which by taking the Colour of the rock by which it lieth, devours fishes approaching for shelter. So Banckrupts by taking and counterfeiting the colour of kinde and good men, make such as come neere them their prey.

First then before they break theyAccurs in Benvent. get store of money into their hands, that they may seeme rich and able easily to satisfie their Creditors, so that no man needeth to presse them? And for this end, they will discharge other mensBenvent in Tract. de Ad­jecto. ingagments, that they may seeme some body, and good pay-masters.

Secondly, at their very breaking they play the hypocrites, and perfidiously blame the perfidiousnesse of fortune, and faine Casualties, that they may com­pound with their Creditors to their losse; yea they will pretend poverty and dammages, when they swimSenec. of Ben. B. 4. in plenty and have money coming in very flush; and to bring their Creditors to pity them, they can command some feined teares to distill.

Thirdly, after their breaking they conceiveCic. orat. af­ter his rec. that all their vices are hid, if they but shew their faces in open mar­ket: and because they beare wittinglyLactan. with their owne vices, whose sweetnes much pleaseth them, will not endure to have them named, butSalvian. make shew of religiousnes and assume the title of san­ctity, that they may colour their disho­nest gaines and base shuffling dealings. Though their dealing be naught, yet they desire to seeme of honest and faire carri­age; So deceitfull is mans life, so carri­eth be his minde in Covert, and setteth a faire face on a false heart; and thinks not, thatCic. offic. 1. there is no sinne more capi­tall and mischievous for men, when they most notoriously beguile, even then to make the greatest shew of honesty. And surely herein is an by pocrite most dange­rous, because heeCic. catcheth and intrap­peth men, before they perceive any thing or can be aware. And thereinPlutarch of Herodor. Mal. appear­eth the extremity of their injustice, that they would seeme just and honest, when they are not so; Secondly, their arrant naughtinesse, that they counterfeit plaine dealing and goodnesse, when they are most crafty and injurious. These courses [Page 36]too frequent & palpable, may be discern­ed, when we finde most of the Banck­rupts usingLucil. all study and art warily to place their words, and cunningly to de­meane themselves, to cologue, and to counterfeit honest dealing. ThusChrysost. hom. 45. are they whited sepulchers, outwardly beauteous, but inwardly full of rotten­nesse. So that whilst their slights are un­discerned by a faining duty and obser­vance, they seeme honest men: but when the visard is taken off, they appeare themselves, such indeed as cannot chuse but bee held to be odious and detestable by all good men.Seventhly, Banckrupts Injustice.

The seventh fault of Banckrupts is in­justice: How can he choose but be un­just, that wasteth his estate and taketh Banckrupts courses? For his chiefe de­sireCurt. B. 4. and aime is to deceive, so that his heart must needs be far from all just deal­ing. His minde is pitched upon his own gaine, so thatOvid 2 Pont. the venerable name of Justice sits but like an harlot in the Porch, to call in Customers for his pro­fit. Some ulcersSenec. of Tranq. c. 2. there be, that are ne­ver better than when the hand doth chafe and rub them; such an ulcer is in­justice, which though it hurt a man, [Page 37]yet desireth to be in action, and to have objects still to worke on it. Let butPlaut. hope of gaine shew it selfe, the unjust man rem divinam deferet will omit his duty to God, rather than to his Mam­mon; for he thatHorat. ep. 1. maketh haste to bee rich, and plungeth himselfe into the world, bids vertue adieu, sleightsPlutarch the repute of Justice, shameth at nothing, dum ob rem, will doe any thing, so it stand with his profit. For what will not mens hearts attempt, when an extreme thriftinesse possesseth them?Virgil. Aurt sacra fames quià non cogit? But they shall finde it better by much to leave this course of fraudulent dealing, in which death and destruction with baits tempting to injustice closely concealeth herselfe, than to have continued therein to their future misery.

Eightly, Banckrupts Cove­tousnesse. The eight evill incident to Banckrupts is covetousnesAvarus aris avid alien. Agell. 10.5. The dealings of Banck­rupts shew them to be covetous and ravenous after other mens money, and to be like them,Erasm. in Adag. who count nothing sa­cred, but gaine, to whom, as to their God, they consecrate themselves. By this they weigh out their godlinesse, friendship, honesty, fame, all things di­vine, and humane, and count all things [Page 38]else but trifles; Their chiefeJuvenal. sat. 9. prayers tend to this, that their wealth and state may be advanced; this maketh abstinence from other mens goods a stranger to them; this maketh them ready to catch, rake, and snatch what ever they can; yeaBasil. homil. 7. against the Covetous. how ever they be moderate in the be­ginning, yet the further they proceed, the more potent they are, by the ruine of some caught in their snares, to catch and devoure others. Not unlike a River, which being small and weake in the head, in the progresse receiveth such in­crease, that with a violent streame it carrieth all along with it: Banckrupts I say, if once through the impetuousnes of a Covetous minde, they esteeme gaine more than goodnesse, wrong than equi­ty, falshood than truth,Lamprid. in Comod. every booty shall be conveyed into their bosome. Of this temperPlutarch. in Agesil. were of old the Lacedemo­nians, who made the chiefe point of ho­nor and vertue to consist in doing Sparta good; other justice they neither learned, nor knew; So being wholly possessed with this perswasion, they cared not whom they injured: Not unlike them are our Banckrupts, who to adorne their Sparta, perswade themselves of singular [Page 39]performance, if hiding their subtilties and persidiousnesse, they can supplant o­thers, and rob them to enrich them­selves. Now if a man conclude with himself that each man desirethTerent. in Andr. it should rather goe well with himselfe than with others, and proceed to an immense and unsatisfied desire of having, and bound not his thirst of getting within compasse of reason, at length all respect and ob­servance of Justice will be extinct, so that he will not onely say in his owne heart, but by his deeds proclame to the world,

Ʋnde Juvenal. habe as quaerat nemo, sed oportet habere.

Inquire not whence a man hath his wealth, have it he must.

O damnable speech! beseeming a Sa­vage! such a Covetous heart straying be­yond the bounds of moderation and rea­son, declareth openly the Speaker to be a Worldling and Mammonist, and not a Christian; to be a statue and Image having no more of the man in him than barely the name of a man.

Ninthly, Banckrupts lying. The ninth fault of Banckrupts is lying. So that we reassume to Banckrupts the [Page 40]speech which the Apostle borrowed: In Covetous2 Pet. 2.3. wise with fained words they play the Merchants. For furely they that stick not to lay covetous clutches upon other mens estates, they will not blush to cover truth over with the ashes of lyes. The studieCircer. Agrac. of gaine soone cal­leth to the study of fraud and lying; And if, as Salvian saith,Book. 4. the life of greedy and deceitfull tradesmen be nothing els, but the hammering of deceit and forging out of lyes; Banckrupts may well be held to be the Chiefe,Euripid. in Andro. and Master-workmen of lying: for they use (those called by Plautus)Rudent. magnificent lyes, and count lucreSophock in Athenaeus. sweet, though got by lying. This appeareth: First, because in their buying and selling they speakJer. 9.8.peaceably to their neighbours with their mouths, but in their hearts lay wait for them: So that there is no good agreement betweene their tongues and their hearts; I wish and pray God that they doe not in hy­pocrisie speak lyes, having their con­sciences seared with an hot iron as they 1 Tim. 4. Then secondly, when the time of paying the principall cometh; these Dosoes great boasters of their faire dealing, set the greatJuvenal. fat. 7. bellowes on [Page 41]worke to forge huge lyes. Strigelius hitts them right, saying, that they who willingly run in debt, unwillingly pay;Ethick. B. 2. and they that unwillingly pay, willing­ly tell lyes: So that the first step is being in debt, the second is coyning of lyes; Thus lying and evill speaking now a­dayes aboundeth. Whence just ground have wee to say with the Prophet, let e­very man take heed of his friend, and let him not put confidence in a brother.Jer. 9.4. For every brother will supplant, and every friend will deale deceitfully; every one will deceive his friend, and will not speake the truth; they have taught their tongues to speake lyes and take great paines to doe wickedly.

Tenthly, Banckrupts. blemish the credit of their children and posterity. Furthermore, Banckrupts are tenthly very injurious to their children and po­sterity, and by their fraudulent dealing lay an aspersion and disgrace on them, and brand them with Infamy; for when b a foundation of a good name is not layed by the Parents, the staine thereof falleth also on the Progenie.

So that First; the Children and Ne­phewes be pointed at in publicke. Se­condly, when they would speake in the assembly, some one boldly interruptsCic. orat. for Sylla. Plutarch. [Page 42]them and enjoyneth them silence; forLaert. 2 1. the vertuous and commendable life of the Parents is a Treasure of freedome in speech left to the Posterity. Thirdly, when their children come into the mar­ket place and Exchange, where Mer­chants shew themselves, presently some will step in, and with open mouths and bold faces give items to others to have no dealing with them▪ or not to trust them. Fourthly, if occasion of marriage bee offered them with some honest Citi­zens daughter, presently some unlucky bird will sing: take heed and be well advised; know you not, that his parents do animam debere owe more than they can pay? AndTerent. in Heaut. thus this brute breaketh off the mariage. Thus Banckrupt parents are many wayes injurious to their Chil­dren and posterity.

And here give mee leave to lay an ac­cusation against these unjust Parents: I know wellCic. orat. for Cluent. that Children ought not only to keep in silence injuries done them by their Parents, but also to take them patiently, and therefore quietly will I beare those things which are to be borne, and in silence conceale them which are to be concealed. But this branding with [Page 43]Infamy and blasting the credit of the Children, which proceedeth wholly from the Parents, who can keepe silent, who can be so patient as to bury it in ob­livion? Is this fit? The old menAug. Medic. com­mitted the faults, the young Sons are put to the wrack; the Fathers swelled with pride, the Sons be brought low for it. They did devoure the sweet gaine, these eat the bitter gall of disgrace. The unjust offendeth, the just is punished; the guil­ty goeth away with the fault, the inno­cent smarteth for it; The good man suf­fers, what the bad man deserves: the Sonne-in-Law beareth the blame which the Father-in-Lawes sin merited: what can be thought more grievous? EveryCicer. ingenuous man hath a desire to partake and have a share in true glory, which is the honourable fruit of true vertue; and further, there is no ingenuous and good nature but would willingly have a good name and fame derived upon him from his Parents and family: Why then doe you Banckrupts deprive your children and posterity thereof? 'Tis too grievousCic. Brut. That Parents sins should lye thus hea­vie on their children. By the bowels of tender compassion I intreat you, to be­thinke [Page 44]your selves, what you would answer, if your children should thus speake to you? Fathers, you begotCicer. in Catil. us; next after God, you are Authors of our lives; you have given us education; but out alas, why are yee so bewitched with the love of gaine, that yee will be the ruine of our good names? Did your Pa­rentsPlaut. in Trim. deliver ouer an unblemished and unstained fame to you, that you should overthrow by your wickednes what they got by their vertue? that you should be blemishes to the honor of your poste­rity, that you should commit these things so bad, and so unbeseeming your house and kindred?

Think with your selves can anyCicer. orat. to the Nobil. thing be more neere and deere unto you than your owne children. Now how little doe you regard them, when by your ill courses you brand them with infamy, and extinguish all the gloryCicer. orat. for Sylla. and orna­ment of your stock, name and honor by your miscariage? May not your posteri­tie complaine of you, because by you they are made heires of such a calamitie, and for your sakes are despised? shall not your childrenEccles. 41.10. grieve at you their wicked fathers, because by you they are [Page 45]exposed to disgrace and shame? will not God be offended with you and lay just judgement upon you? for he1 Tim. 5.8. that hath not a care of his children & houshould, is worse than an Infidell. Consider, con­sider these things, I say, all yee, which blush not to please and solace your selves in the evill courses of your most disho­nest and unjust playing the Banckrupts.

Amongst the former evills,Eleventhly, Banckrupts endanger their owne salvation. the courses of Banckrupts in the eleventh place draw them often into the losse of their owne Salvation. For, how can it otherwise be? when by hooke and crooke they unjust­ly inrich themselves with other mens wealth, and rob others of their lively­hood, and so indanger the robbing of their owne souls of happines; Woe be to him, saith the Prophet;Habac 2.10. which coveteth an evill covetousnesse to his owne house, and sinneth against his own soule. Wonder not at this; for behold theAng▪ on the Psa. divell sets before thine eyes, thy neighbours goods to intice thee to evill; these goods thou canst not get without fraudulent dealing; They are the bait, fraud is the snare. O wretched man, why dost thou so eye the bait, that thou seest not the snare? there is no way to get the goods, but by fraud [Page 46]and subtilty, and if thou makest use of deceit and wiles, needs must thou bee taken, and if thou beest taken, what canst thou expect but losse of thy soule?

Hence it is that many catching at gold, captivate their soules, and for fruition of money adventure upon perdition of their owne salvation. O folly of men! who to advance their gaine run heedlesse on their bane. What a madnes is it to get gold and lose heaven? WhatAug. Serm. on Christs W. profits a chest full of Gold, if the Soule be emp­ty of hope of Salvation? Wilt thou have good, and wilt not thou thy selfe bee good? blush, blush at the sight of thy goods: sith an house replenished with goods calleth thee her Godlesse master; What Mat. 16.26. will it profit a man to gaine the whole world and lose his owne Soule? or what can a man give in recompence for his soule? what can that which a rich man hath doe him good, if he have not God, who hath all things at com­mand?

These things should be your dayly and serious meditation; but oh your di­sturbed and perverted reason! oh your unbridled desires! oh your dissolute counsells! How long will this your fu­ry [Page 47]delude you? whither will this your undounded licentiousnes carry you? Are your minds so inflamed with folly, your desires so infatuated with the love of money, that the feare of God and care of your Soules cannot make you more con­siderate, and with-draw you from your thirsting after Gold? Let the salvation of your soules move you, let it I say move you to consider better of your courses, for if the Soule be once lost, you shall be for ever after most miserable.

Thus far have we treated of the severall kindes of sins (the mischievous joyes of perverted soules) which doe proceed from the fraudulent dealings of Banck­rupts; we have painted out their folly in its due colours, but not so fully, as wee might have drawne it to the life: for there can be no such depth of invention, no such Copie of Elocution, no such di­vine and incredible fluence of speech, which can. I will not say fully expresse, but so much as number up the mischiefs arising from the courses of Banckrupts. Surely as Covetousnesse in the Antients esteeme, comprehended in it all vices in a lump: So wee may judge, that the fraudulent courses of Banckrupts have [Page 48]a Confluence in them of all evill: which any man will easily grant, if hee well and seriously weigh all their acti­ons. As for us, wee contented our selves in few words to lay open few of their evills in this briefe discourse.

THE PRACTISE OF THE BANCKRVPTS OF OUR TIMES.
The third Part, Which declareth the punishments decreed to be inflicted upon them.
Great punishments have been decreed for Banckrupts.

WHat then shall Banckrupts run on in their sins unpunished? God for­bid: shall bonorum extortor Terent. Senec. 3. of Benefi. legum con­tortor, a cheater of men▪ a wrester of lawes escape? Can courses so hatefull passe unpunished? The Heathen Oracle [Page 50]said; Never did anyHerodot. man guilty of un­just dealing escape the whip of revenge. TisMenand as it were fatall and unavoidable, that the unjust and injurious designes of evill men should be required with their deserved doome. Even the wisest sort of Heathens heldSalust. it for a truth that nei­ther the good nor the evill deeds of men should passe unregarded: but that a dif­ferent requitall should attend both good and bad, according to the nature of their deeds. And herein rightly have humane lawes imitated the true patterne of Gods Justice: for our AncestorsTacitus Ann. have ordained that where Crimes went before, due pu­nishment should follow after. Let us then briefly collect the severall lawes of our forefathers enacted against Banck­rupts, and in order set downe what hath been decreed. First, by the lawes of Na­tions. Secondly, by the Cesarean lawes. Thirdly, by severall Kings lawes. Fourth­ly, by the Common law. Fifthly, by Gods Law. So shall we meet with those fraudulent persons in many of their evill and enormous dealings. And surely needs must these Banckrupts be a most wicked and bad kinde of men,Benven. had wee no other Argument to prove it, than so many sta­tutes [Page 51]and lawes in severall parts of the world which have been ordein'd to re­presse & reforme their naughtines. Let us now in particular set downe the lawes and ordinances of the Antients, in their own words and tenor.

1. The lawes of Nations a­gainst Banck­rupts. The Lawes of Nations, by which in se­verall Commonwealths the states there­of are upheld, have an aime and respect to this; That humane societie and con­junction may be kept in safetie: and ther­fore if any man trespasse against this, they inflict on him death, or banishment, or imprisoning, or amercement. Now heare their different lawes against banck­rupts.

The Romans decreed that the debter owing very much to his creditors,Alex. ab Alex. B. 6.10 should satisfie his debts by deviding his substance amongst them; and being deprived of all his goods, should be put into prison and Chaines, and afterwards that his joynts should be devided, at the pleasure of the Creditors amongst them.

The Egyptians ordeined that satisfa­ction should bee made by the debtors goods and estate, but no punishment to to be inflicted on the body;Alex. ab Alex [...] ibidem. for they held mens goods lyable to satisfie for debts of [Page 52]money, and not their bodies; yet they used to pawne the embalmed bodies of the dead for money, and held it for an extreme disgrace, if the debtors re­deemed them not at the time appoin­ted.

Among the Boetians he that could not pay his debts,Srobeus Serm. 42. was thus disgraced by the basket. He was to be brought and set in the open market with a basket on his head. He that had thus sat, was ever after held infamous. This punishment Mne­sarchas the father of Euripides the Tra­gedian suffered.

Among the Indians,Alex. of Alex. ibidem. hee that paid not his debts, if hee was called in question and sued by his Creditors, a day was ap­pointed them, and then if he satisfied not, first his hand was cut off, and his eye put out, and then he was execu­ted.

Among the Pisidians, Stoheus Serm. 42. any one defraud­ing Creditors of what was committed to any man in trust, was very severely punished, for he that defrauded, was put to a most cruell death.

Amongsgt the Tyrrhenians, Heraclid. in polit. if any man paid not the money which he borrowed, by publike appointment Boyes followed [Page 53]him which an emptie purse for his utter disgrace.

The Judgement upon Banckrupts a­mong the Smyrneans and Athenians, Caelius Antiq. lect. 70.20 was, that they which according to Covenant did not give due content to their Credi­tors, were for ever excluded, and forbid to come into the market.

Among the Muscovits, Guagin▪ de­script▪ Muscov c. 4. debtors that have not wherewithall to satisfy their Creditors, are according to their lawes brought into a publick place ordeined for that end, and there grievously with­out any mercy beaten with whips and wands on the leggs and feet, till they make full payment to their Creditors, whencesoever they can get it: if they cannot get wherewithall to satisfy, then being often whipt, they are compelled to become servants to the Creditors, thereby to satisfie them according to the valew of the debt.

Among the Iurkes when any ones fraudulent dealing is detected,Aerod. B. 1 the Go­vernor adjudges him to death.

Among the Florentines if any bee Banckrupt, and be convicted so to be, there is appointed him a certaine day of payment,Brut. B. 1. hist, Florent. as seemes fit in the Magistrates [Page 54]discretion, at which day if the debtor pay not, his name is registred among the fraudulent Banckrupts, and he is depri­ved of his freedome and disabled to give his voyce as a Citizen: He on whom this punishment is inflicted, is said to bee brought to be looking glasse, because in that Catalogue as in a glasse, you may see the worth and estate of such men.

At Roan the Banckrupts and men in­solvent, are made to weare a greene hat, that by this badge they may be knowne from all other men, and that no man un­awares may enter into Covenant and bargaine with them which used to faile and be insolvent.

Hence it appeareth how contemp­tibly divers Nations and people have thought of debtors branded with igno­miny of false dealing or notorius Banck­rupts courses.

In the second place the Caesarean lawes against Banckrupts have been many.2 The Caesarean lawes against Banckrupts. In the dayes of Charles the fifth were made many constitutions and many e­dicts promulgated, by which it was thought good to prevent divers frauds ptactised in buying and selling and in subtle supplanting men of their estates, [Page 55]as also grievous and dire punishments as­signed to Banckrupts, according to their demerits. This well beseemed the Cae­sarean Authority; for he knoweth how to rule well, who hath a speciall regard that a Corporation be not infected with evill men, and that Merchants & Trades­men be free from perfidious and false dealing. For a CitiesEpicter. safegard depen­deth not upon the strength of the walls, but the vertue and just dealing of the Ci­tizens; Nor isAs said An­tigonus. there any surer bul­warke to defend a kingdome, than the mutuall love and faire dealing and ho­nest demeanor of the subjects. The Poet said well, that a Citie is stronglyPlaut. in Persa. wal­led, if the Citizens be vertuous. And a­gaine, if, First, false dealing. Secondly, a­lienating the common treasure. Thirdly, Covetousnesse. Fourthly, Envie. Fifthly, Ambition. Sixthly, Calumniation. Se­venthly, Perjury. Eigthly, Slothfulnes in mens vocations. Ninthly, Oppression. Tenthly, Murther (which falleth heavie upon the committer) if I say these vices be not banished the Citie, an hundred­fold wall is too little to defend it. Now suppose the state of a Kingdome be such, that some of these vices, at least one of [Page 56]them, namely fraudulent dealing abun­dantly raigne in peoples mindes: The question is what shall the chiefe Magi­strate doe? Shall he wink at it, or inflict severe punishment thereon? Too much mildnesse and too much severitie are both culpable, the one lets the reines of government hang too loose, th'other holds them in too streight; reason and moderation is so to be used in punishing, that a Magistrate observe a due temper of Justice, and justly punish unjust de­frauders of other men:Hieronym. to [...]ip [...]ius. for if a Judge punish an offence, as he is Gods Magi­strate, it is not cruelty, but pietie, and Blessed is hee who doth justice at all times. Psalm. 106.3. Let no man then wonder at the Empe­ror Charles the Fifths Constitution a­gainst Banckrupts, promulgated after this manner.

This Constitution of Charles the Fifth against Banckrupts, was enacted and pub­lished, Octob. 7. Anno Dom. 1531.

Charles by the Grace of God, Roman Emperor, &c.
Against insolvent and fu­gitive persons or Banckrupts.

We for­merly ordeined, and further ordeine, That all Merchants and Chapman or wo­men or others that deale in buying and [Page 57]selling, who doe fraudulently and de­ceitfully beguile other Merchants or persons whatsoever of their moneyes, wares, or debts, shall be counted and re­puted in the same ranck and condition with arrant theeves. And by this statute wee have and doe declare them so to bee.

In like manner we declare our said minde to bee concerning all such as tole­rate, enterteine, or by silence countenance them, as also all them that are privie to the said Banckrupts frauds, and imbezel­ling of other mens goods, and know whither they bee fled, and where they hide themselves; unlesse they manifest these things unto the Judge or chiefe Magistrate of the place. Furthermore we count them in the same rank with theeves, who craftily agitate the busines of banck­rupts, who be the Receivers or Retaylers of their wares, whether under the pre­tence and name of partners or other­wise, as also all them that pretend and faine themselves to be creditors of banck­rupts, by whose meanes the fraud and perfidiousnesse of the Banckrupts may be concealed or boulsterd out.

All the aforesaid we have and doe de­prive [Page 58]of all the immunities, liberties, and priviledges of all Cities, and Corporati­ons, and Townes, and places to whom freedome in any kinde hath been in any manner granted.

And we bid and command that Banck­rupts and their Partners, Helpers and As­sistants, and all above named, found and adjudged to be so, as also all persons that fly for debt into any Citie, Towne, Bo­rough, or any priviledged place, whatso­ever, none excepted, be fetched and taken thence, and that their goods and estates, if they brought any thither, bee taken thence: Notwithstanding we will that the priviledges and liberties of the said Cities, Townes, and places whatsoever, enjoying any freedome, abide and conti­nue unto them, in all other causes and oc­casions. And also, We ordeine, that the Banckrupts and their Assistants before specified, being proved and adjudged so to be, shall be punished as Theeves and violaters of the publick good, and that without Connivence or delay, for an ex­ample to all others.

And further that the goods and estate of the said Banckrupts and their Agents and helpers be taken from them, and be [Page 59]deposited and kept in some place conve­nient, for the benefit and right of the Creditors, as shall in Justice be thought meet.

Further, that the Wives of the Mer­chants or Traders, who prove insolvent, and the goods in which their Wives, ei­ther in their Husbands presence or ab­sence, have dealt by buying or selling in open Market, be lyable to answer for, and satisfie the Husbands debts, in which he ingaged himselfe during the time of their marriage.

Wee will also and Command that all Merchants and Chap-men or women, who fraudulently to deceive their Cre­ditors, flye out of our dominions, and a­bide elsewhere, within forty dayes after the publication of this edict, doe returne into the place of their usuall dwelling in our Territories, and that within forty dayes more they make satisfaction to their Creditors, which thing unlesse they doe within the forty latter dayes pre­scribed: We ordeine that the Banckrupts themselves, as also all their assistants a­foresaid, be for ever banished out of our Territories and dominions, never to re­turne into them againe.

Furthermore, wee Command that all Contracts fainedly, fallaciously, and frau­dulently made, be frustrate and of no force and validity. And that all the Creditors of Banckrupts, and their Part­ners, and of other fugitives for debt, joyne together in the felling of the Banckrupts goods, and whatsoever can be found, for the discharge of the Banck­rupts debts, and that a regard be had to the proportion and valew of each Cre­ditors debt without any partiality to sa­tisfie any particular man.

Neither shall any Creditor benefit him­selfe by preventing others in arresting the goods of any decayed person, though it be done in any priviledge place what­soever: Nor shall the Customes, rights, or lawes of any place whatsoever, made to the contrary, hinder what herein we Command: for our pleasure is, That in the foresaid cases they be of no force, and that if the cause so require, by this our constitution they be of no validity.

3. Kings lawes against Banck­rupts. 3 Divers worthy provident and po­tent Kings have enacted strict lawes a­gainst Banckrupts. Plato Plat. in Al­cib. said well, that the Providence of a Governor consisteth in consulting well for his owne and his peoples welfare.

This thing the French Kings, truly carefull of their peoples good, duely weighing, most providently enacted good lawes for the due punishing of Banckrupts; for being informed that this crime grew too too common by its im­punity (which isCicer. Orat. a great bait to draw on offences) and that trading and Com­merce was quite taken away by the breach of Compacts and fidelity; which false dealing would prove the weakning of Kingly State, they therefore made speciall use of their princely power in purging out all great enormities of Banckrupts: This may appeare in their severall decrees against them.

1. Francis the first of that name King of France decreed Anno 1536 That Banckrupts, and their partners, and ad­jutors should be severely dealt with, and diligent inquirie made, witnesses and o­ther extraordinary remedies used, and the fault apparantly found, the persons guilty should have some corporall pu­nishment inflicted on them, according to their desert, either by putting them into the pillorie, or some other way, as should seeme good to the Judge. In which decree what may seeme severe? [Page 62]seeingCic. Offic. 2. that for the good of the Com­wealth severitie is to be used, without which no state can bee well ordered. Better is it byAugust. Con­fess. 9. severity to expresse love to the Commonwealth, than by lenity to ruinate it. Wee cut off a finger, that the gangrene may not proceed to the Arme: So offendors are justly punished, that their sin proceed not further to the detriment of the whole bodie politike.

2 Charles the niuth King of France in an assembly of the Peeres and States, at Orleance, did constitute that fraudu­lent Banckrupts should be extraordinari­ly punished, and afterward put to death. Who can finde fault with this? The publicke good so required; for heePlut. wrongeth good men, who conniveth at the bad: And the place of a King and his office is to punish offendersHieronym. on Jerem. and relieve the innocent: Hee is the dispencerArist. polit. of Justice, and will not suffer the rich to be invaded by the poore, nor the poore contumeliously used by the wealthy.

3 Henry the third renewed and con­firmed this edict against against Banck­rupts at Bloys, Anno 1579. And let not any man hence tax him of severity: for hee that sits at the sterne in the tempestu­ous [Page 63]sea of Civill affaires, ought ever to have his eyes bent and intent to advance the Common good of all;Cic. Offic. 1. And men in authoritie are to provide for, as the safe­ty, so the benefit of the people who cal­led them to their place, and not to minde onely their owne profit and safety who are called thereunto: And herein espe­cially differeth, saith Aristotle, a King from a Tyrant, the one studieth and pro­cureth his owne benefit, the other the Subjects welfare.

4 Henry the Fourth Successor to the former, as in Kingly authority, to in pru­dent administration of Justice, did by his Royall edict severely meet with the Crafty arts & audacious tricks in Banck­rupts courses. Read his constitution a­gainst Banckrupts and failing trades­men enacted in the supreme Court, June 4. Anno Domini 1609. Thus far of the French Kings edicts against Banck­rupts.

Lawes in Eng­land made concerning Banckrupts. Nor have the Princes of England been backward in this kind, but have seriously considered the mischiefs which were incident to Commerce and humane so­cietie and to the well ordering of the Commonwealth, and which have been [Page 64]pulled upon us by the subtle and uncon­scionable & ungodly dealings of Banck­rupts, and thereupon our said Kings have with great care and circumspecti­on provided good and wholsome lawes to prevent or punish Banckrupts cour­ses. Anno 34. Hen. 8. A statute was was enacted for remedying the harmes and evils befalling this land by Banck­rupts.

Also Anno 13. of Fliz. cap. 7. more fully was declared what Merchants or Tradesmen, &c. departing this Realme, or keeping their houses, or willingly be­ing arrested, &c. to defraud their Cre­ditors, &c. shall be counted Banckrupts. And further is enacted, how Commission shall be granted, by which the body and goods whatsoever of the said Banck­rupts may be seized upon, and how by the Commissioners a course shal be taken for satisfying of the Banckrupts debts: As also how the Comissioners shall have authority to finde out and dispose of the Banckrupts goods, lands, &c. in the hands of any other person whatsoe­ver, and how they shall by oath of any person suspected to have the goods of the Banckrupts, endeavour to finde out [Page 65]the truth: Besides in this statute penal­ties are imposed on the Banckrupts who hide or convey themselves from their u­suall places of aboad, and on such as wit­tingly and willingly help to hide or con­vey any person proclaymed Banckrupt and going about to conceale himselfe. See more in the said Act.

Also Anno. 1. Iacobic. 15. Because banck­rupts fraud and deceit increased, (as it is there said) to the hindrance of traffick & to the generall hurt of the Realme, it is further explained, who are to be reputed Banckrupts, and how the power of the Commissioners should be further inlar­ged. Also it is enacted, That if Banck­rupts by conveying their lands, tene­ments, leases, goods, Chattells, &c. to their Children, or any other person; or persons, seeke and endeavour to defraud their Creditors: That then the said Com­missioners shall have power to bargaine, sell, grant, demise, convey, and dispose of the same, as if the Banckrupts had been actually possessed thereof, or as if the debts were in his owne name. And that the acts of the Commissioners in this kinde shall be good in law against a­ny man, who shall question the same.

See these things in that act more largely set downe.

It is there also further enacted that be­cause the practises of Banckrupts were become secret, subtill, and hardly to be found out, in what cases any one with­drawing him or herself from their usuall aboad, shall be proclaymed Banckrupt, and how the said Banckrupt not appear­ing before the said Commissioners, is to be apprehended, whereever hee or shee may be found, in places priviledged or not, and are to be examined by the Com­missioners about their own lands, goods, debts, books of accounts, &c.

It is also enacted that if the offendor refuse to answer to the Interrogatories propounded, that then the Commissio­ners shall have power to commit him or her to close prison, till they conforme themselves. &c.

'Tis also enacted, that if the partie examined commit wilfull or corrupt perjury to the endamagement of the Creditors, ten pounds or more, hee or she shall bee indicted, &c. And being convicted shall bee set on the pillory, and have one care nayled thereto and cut off. As also such as [Page 67]have Banckrupts goods or bee indeb­ted to them, shall bee examined by the Commissioners, and how if in case they refuse to appeare, or if they appeare and refuse to answer to inter­rogatories, the Commissioners shall have power to cause them to bee ar­rested and made to appeare, and after­ward may imprison them till they sub­mit themselves to the said Commissio­ners, and answer to the said Interrogato­ries: And if any of the said parties shall wilfully and corruptly commit any manner of wilfull perjurie by his depo­sition before the Commissioners, that then it shall be lawfull to indict the said persons, and upon their conviction in­joyne them such forfeiture, and lay upon them such paines and punishments, as was limited Anno quinto Eliz. by the Statute of perjurie. Further also it is pro­vided concerning the Commissioners, how they shall proceed and maintaine their proceedings for the good of the Creditors, and the Banckrupt, and for their owne discharge of the trust com­mitted to them. And how they shall proceed to execution of their Commis­sion, though the Banckrupt die. See [Page 68]these things more fully declared in the Statute.

Also Anno 21. Iac. In regard that Banckrupts much increased in number, and their fraudes were many in deluding the former statutes, to the hinderance of traffick and Commerce, and the great decay and overthrow and undoing of Clothiers, &c. So that the Banckrupts evill-dealings tended (as justly there is affirmed) to the generall hurt of this Realme: It is there enacted that all lawes made against Banckrupts, shall bee beneficially construed for the good of the Creditors. There also is more expresly shewed who are to be accompted banck­rupts, what the authority of the Com­missioners is, what shall be the prosecu­tion of the lawes in force against Banck­rupts. 'Tis further enacted that the wives of Banckrupts shall be examined in the same manner, as was before spoken con­cerning the husbands. As also in what case the Banckrupt and his wife shall be set on the pillory, &c. Also it is there provided how the Banckrupts goods & estate shall be devided to the Creditors. Also how Banckrupts making them­selves accomptants to the Kings Maje­stie, [Page 69]shall not hinder the proceedings of the Commissioners to right the Credi­tors. These things and many more are conteined and more fully and largely set down in the foresaid statutes concerning Banckrupts, for the utter rooting out of all Banckrupts courses, and the bridling and reforming of so great a mischiefe to the Common good. Leaving therefore these things to the Readers perusall in the book of the Statutes at large, we for­beare to cite any more out of them: And having here inserted what wee thought most expedient for our owne Nation to take notice of; Let us proceed.

4. The Canon Laws against Banckrupts. Fourthly, nor have the Common laws passed over the perfidious courses of Banckrupts and Covenant-breakers, but punished them by degrees according to their deserts.

1. They lay a blemish and staine upon their credit and reputation, who faith­fully pay not their debts: for in the con­stitutions of Boniface the eight, it is said, he8. Rule of the Canon Law▪ that is once a false dealer, is ever pre­sumed so to be. Thus the honour & name of a good man is taken from a Banck­rupt: who sheweth himselfe by his frau­dulent course and dealing, and by palliat [Page 70]and pretended honesty, to be a knave, and utterly unworthy to be trusted, or to have Covenant kept with him.Book 5. Rul. 75. of the Can. Law. For un­justly doth hee require others to observe fidelity towards him, who breaks it at pleasure towards them; Besides in the ancient statutes of the Church, it wasCanon 12. or­deyned, that he which invadeth another mans goods, should not escape unpunish­ed, but should make restitution of all with advantage.

The second decree of punishment was confirmed by a Statute of Iohn the Fourth Pope of that name; He that invadeth o­ther mens goods let him restore them foure-fold. Yea, Eusebius the Pope con­stituted, thatIbid. restitution ten-fold should be made.

The third punishment of such as un­justly possesse themselves of other mens goods, is, that they should hope for no remission of their sins, untill they had made restitution; forBonifac. 8. Rul 4. in the Can. Law. Peccatum non re­mittitur, nisi restituatur ablatum. And that there can be no repentance, unlesse the goods ill gotten bee restored, is con­firmed by this speech of Augustin in his Epistle to the Macedonians: Cant. 5. There is no performance of Repentance, if the goods [Page 71]of other men bee not restored.

4. To bring Banckrupts to a true sence of their sinnes, and to fit them for Gods gratious work upon them, and the obteyning of pardon of their offences, by the edict of the Lateran Councell was decreed, that they oughtLateran. Conc. under Fabian. to be ex­communicated, who possesse themselves of mens goods, unlesse they restore them to their owners, their heires or others, to whom by law the wronged persons goods descended, because they rob and deprive them of their estates, whom ac­cording to the rule of Faith they ought to relieve.

See here how antiently decrees were made to withdraw men from fraudulent dealings, such as are the subtilties of Banckrupts, and to lay Condigne punish­ment upon them. As men cut of those parts of their bodies, which want blood & spirit, and would harme other joynts: So evils are to bee taken away from a­mong men, and to be rooted out by good lawes, lest they prove pernitious and hurtfull to the Church and Common­wealth, or the parts and members of the same; Of which kinde, we accompt the Courses of Banckrupts in getting into [Page 72]their clutches other mens goods▪ and rob­bing and defrauding them thereof.

5. Divine Laws against Banckrupts. Curt. 7. Some may think the Canon Law milde, because it inflicteth no severe punishment on fraudulent and crafty Banckrupts. Come wee then Fifthly, to speak of divine vengeance which no man can escape, who layeth Cove­tous and false fingers on other mens goods. The Heathen Poet could say, They who blinded with Eu [...]yp. folly, and posses­sed with madnesse, out of opinion and hope of gaine, neglect Iustice, shall surely smart for it: God whom they see not, will come upon them with a silent foot, and though long after, will catch the wretched man. Thus saith the Poet; As if he had learned from Deut. 25. That he is an abomina­tion to God whosoever doth what God forbids and deales unjustly.

Now God punisheth such falfe dealers severally.

  • 1 With externall punishments in this life.
  • 2 Internall punishments in this life.
  • 3 With grievous punishments after this life.

Banckrupts perhaps promise to them­selves much happinesse by lurching o­thers of their goods; but behold how [Page 73]they (such namely as bee wicked men among them) beguile themselves, not minding how great damage so small gaine bringeth unto them.

Heare yee this,Amos 8 4. yee that devoure the poore, and thrust the needy out of the earth! Alas deceived souls, of all miserable men the most miserable, I appeale to your selves, you Banckrupts, who get into your hands great sums of money lent you, and with set purpose and intent run your Countries, & faine false courses by which you lost them, that having put your Cre­ditors to troubles suits, and expence, and thereby wearied them, you may force them having been thus vexed, to com­pound with you upon unreasonable con­ditions. I pray you say what you shall gaine in the end, when for that fading pelfe, which you have so greedily and falsly hunted after, and got by hook and crook, you shall at last reap a sad and fearefull harvest. O sad and lamentable harvest, of externall and internall paines in this life, and of endlesse paines after this life: Of these I will now speake in order.

First, God hath appointed externall divine punishment to be laid on Banck­rupts.

1. Externall divine punish­ments on Banckrupts. Certaine it is that God the Law-giver hath assigned just punishment to them that unjustly get other mens goods into their hands. Exod. 22.4. he maketh this law; that he which taketh away ano­ther mans goods, shall make restitution five fold, or double, according to the na­ture of the theft. And that if he have not wherewith to give satisfaction, that he be sold, for making good the theft: Nor doth it much skill by what means hee doth get another mans goods, and taketh them as his owne possession: Seing God will not have this rule of Justice, (that each man should enjoy his owne estate and meanes) by any wicked course to be violated, without due punishment; yea thatJod. Nahum Domin. 22. Trin. by no meanes, equity may be left unvindicated, God hath concluded that not the debtors only, but their wives and children should be taken and become servants to the Creditors.

This shall be made evident by rea­sons and examples: As it was lawfull among the HebrewesEx. 21.7. Lev. 25.39. Deut. 15.12. for a man to fell himselfe and his Children also, when hee was impoverished: So it is credible that there was some Magistrate, who at the suit of the Creditors, when the debtors [Page 75]were insolvent, did require them to sell themselves, and their children, that by this course the debt might be dischar­ged.

This may manifestly enough be col­lected from the parable, Matth. 18. of the King who had bid that his debtor and his sonnes might be sold, that pay­ment might be made.

With this agreeth 2 Kings 4. Where a Widow complayneth to Elisha that her Creditor did presse her earnestly, that he would take her two Sons from her to be his servants.

What condition is more grievous than servitude? If our deere children and wives should be taken from us, and put to perpetuall servitude, what lamenta­tion, what sighes would these put us un­to? Now it is evident by these places of Scripture, that debtors, who were not able to pay, were in those times sold, that fidelity might be observed, and every man might have what in truth was due unto him.

Internall di­vine punish­ment. Secondly, God hath appointed inter­nall punishments to light upon Banck­rupts; even such paines as will not onely outwardly afflict the body, but inwardly [Page 76]also trouble the minde; such as are an­guish, feare, sting of Conscience: for ConscienceCic. or at. for Cluent. is implanted in us by the immortall God, so that it cannot be ex­tinguished. And truly God hath for our great good given it into us, that it might beOrigen. the Corrector of our affecti­ons, and the tutor of our reason, that it might be a bridle to us before we sinne, becauseSenec epist. it hath in it a detestation of that thing which nature condemneth; and a scourge after sinne, because when sin is committed, it understandeth the grie­vousnes of it.

This we see to be true by experience in unjust men, which though they be en­vironed and defended which the counte­nance and assistance of great men, yet when their consciences are troubled, their mindes are inwardly gnawed with wondrous torments, which never give them a breathing space, never suffer thē to rest. So that they are not unlike to Prome­theus Horac. who is said to be chained upon the hill Caucasus, and to have his liver torne continually by a devouring Vulture. In this manner fareth it with Banckrupts, who rob others of their money. So that if not in the very act, yet soone after it, [Page 77]they feele grievous stings and whips, which for their frauds and wicked shifts like tormentors doe gore and lash them.

For noSen. epist. man can long joy in the suc­cesse of his fraudulent Courses: fall out it will sooner or later that evill men shall find how they have purchased a prey little worth, with great losse and heavy discommodity. But thou wilt say, thy laugh, and rejoyce. I confesse it, but their joy at their bankets is not a true and right joy: Surely tis no other than joy of such as lying in prison adjudged to death, sometimes play at cards and dice, and think to beguile their griefe, but can­not; for the terror of the punishment shortly to be inflicted is so deep im­printed in their minds, that it cannot bee removed. The representation of pale death, still attendeth in their sight; so the punishment due to the wicked dealings of unjust Banck rupts & insolvent trades­men, sticketh fast in their mindes and suf­fereth them not to rest. The conscience privy to their wicked fraudulent and in­jurious dealing, doth disquiet and ter­rify them with restlesse and distracting thoughts.

These are the continuallCic. and home­bred furies, which day and night hale wicked men to punishment, which trouble the fraudulent and impure heart, that it can be quieted neither sleeping nor waking. O most wretched men, whoseJuvenal. minds a guiltie conscience lash­eth with stripes, which others heare not!

3. Divine pu­nishments up­on Banckrupts after this life. 3. There are grievous punishments after this life to be by Gods Justice layd upon Banckrupts. Now goe too, you Banckrupts, howle and lament for the miseries, which shall come upon you; you have doneGualt. in Hab. much evill unto other men, but yet yee have robbed them of nought but transitory and momentary riches; whose losse may bee repaired sundry wayes; but in this Circumven­tion of others, you have defrauded your selves of endlesse happinesse, and plunged your selves into hell: For, GodPsa. 5.7. abo­minateth the deceitfull man, and will destroy all workers of iniquity: and de­nounceth that the wicked shall not pos­sesse the Kingdome of Heaven. But what is that I heare? you say, whoEccles. 23.24. seeth us? darknesse encompasseth us, the walls hide us, and no man seeth us, what should [Page 79]we feare? God on high remembreth not our sins. Be not deceived; certaine it is, that we must all appeare beforeAct. 10. 2 Cor. 5. the Judgment Seat of Christ: that every one may receive according to that which he hath done in his body, whether good or evill: your inward and your outward actions, all your sins shall be ballanced; beholdJud. 11 & 14 the Lord commeth with thou­sands of Angels to bring all men to judg­ment, and to judge all wicked men for all their impious works; your words, whether they be idle or deceitfull, must bee accounted for, and your thoughts whatsoever must come to Judgment, and then your conscience shall beare witnesse, and your thoughts accuse or excuse one another in that day, in which God shall judge by Jesus Christ all the secrets of men according to the Gospell. Then fourthly in a word, account shall be taken of you for all the extent of your whole lives, in what manner you have spent it. Woe to you poore souls. Whi­ther will yee goe? if yee be found in your sins, where will bee your refuge?

And fifthly, whereas in times past of­fenders fled to Temples and Altars, and debtors might not be taken thence by [Page 80]their Creditors; and at this day there be priviledged places, which as Sanctua­ries, keep Banckrupts and insolvent men from molestation; in the last day the frau­dulent cannot escape, there will be no Sanctuary to protect them.

And sixthly, there will be no escape, no starting-hole, no shifting for male­factors: there can be no colour to cloake their lies and cheating, no pretence suffi­cient to boulster out their frauds & guile. Such as had nothing truly their owne, but a tongue to lie and forsware, and fraudulent cunning tricks and wicked devices to rend and teare in peeces other mens estates, and leave them with bare and naked corps, shall truly appeare themselves and shew what they are.

Seventhly, let them consider that1 Pet 4.5. God the Judge of quicke and dead, is most just; that he will put on righteous­nesse for a brest plate, and true judgment insteed of an helmet, and so adjudge all men; thatMatth. 5. every tree that bringeth not forth good fruit, shall be bewen downe and cast into the fire. And ifFulgent. in Matt. barrennesse and want of doing good be cast into hell fire, what will false dealers and robbers of other estates deserve? If hee beeAug. de verb. Dei. cast [Page 81]into the fire, who hath not been libe­rall in giving his owne goods; into what shall he be throwne, that hath taken away other mens goods? if hee burne with the divell that clothed not the naked; where shall he burne, that tooke away his clothing? TheyHugo B. 2. of the Soule. are justly punished who abuse their owne lawfull goods: So Satan lost Heaven and Adam Paradise; but more justly shall they be plagued, who unjustly rob others of their estates.

Thus have you heard, what will be the punishments of Backrupts. In due time take heed, and avoid unjust dealing, and conceive that what is here spoken, is as a bitter pill, not to please, but to profit you; distastfull to your eares, but serving for the Cure of your hearts, that yee may be drawne to re­pentance by the feare of danger and pu­nishments hanging over your heads, and so toLuk 21.36. be counted worthy to escape miseries to come, and to stand before the Son of man.

THE PRACTISE OF THE BANCKRVPTS OF THESE TIMES.
The fourth Part, Concerning the remedy of their practises.

TIs now full time to come to the remedies of Banckrupts practises: For we have layd open their wounds, not out of a desire to hurt them, or shame them: but to better them, and cure their maladies. Now as Physiti­ans having found the causes of a dis­ease,Tuscul. qu. 3. thinke the cure also found: So wee having found the causes of this [Page 83]mischiefe and sicknesse, will atempt to discover the remedies: And becauseSenec. ep. old diseases, and so ill manners of men inveterated and habituated, require the more care in their cure: We also for the cure of the spreading disease of Banckrupts, will with all care imitate the guise of the EgyptianGalen 5▪ epidem▪ and Greci­an Priests; who set up notes for the cure of common diseases in publick places.

Let us then in like manner publish holy Antidotes and preservatives for the cure of Banckrupts diseases, which we wil borrow from the sacred Scrip­tures: For GodsProv. 6.23. Commandement is a Lanthorne, and Instruction is a light, and reproofs duely applied are the way of life. They therfore shall doe amisse, who will be offended with friendly advise propounded for to free them from a deadly and old disease, and to give them Cure and remedie.

1. Banckrupts must confesse their sin [...]. Banckrupts must necessarily con­fesse their sins and offences: Hee that hath fallen off from God and languish­eth under the burthen of his sins, ought for a perfect cure of his disease perfect­ly [Page 84]to turne againe unto his God. Now the first step or degree of a mans con­version is the confession of his offen­ces: HeSenec. epist. that telleth his dreame, may justly be concluded to be awake, and he that searcheth for his sins, and con­fesseth them, may be rightly judged to be in the ready way to recovery: But thou wilt say: Indeed I shamed not to commit sinns, but I am ashamed to confesse them. OAugust. incredible folly! art thou not ashamed of the wound, and art thou ashamed to have it bound up? Hee that denyeth,Plutarch. concealeth, and covereth his vices, maketh them to take deeper root in him; and he stop­peth up the way to his cure, that will not open the cause of his disease to his Physitian. Tell mee how will God vouchsafe to pardon that sinne, which man will not vouchsafe and humble himselfe to confesse? WhereforeEccles. 4.21. for thy Souls good bee not ashamed to confesse the truth: there is a shame that bringeth sinne, and there is a shame that bringeth grace and glory. In re­gard of the concealing and not con­fessing sinne: the Kingly Prophet said; [Page 85] When I kept Psal. 32.3. silence, my bones waxed old through my roaring all the day long: and to encourage us to confession St Iohn saith, If wee 1 John 4.6. confesse our sinnes, God is faithfull and just to forgive us our sinnes and to purge us from iniquity. Thus is Confession Salvation to the Soule and the queller of vices. Where­fore let not the Banckrupt conceale and hide, but confesse and acknowledge his offences.

2. Banckrupts must repent of their sins and leave them. Secondly, Banckrupts must repent of their sins: for it is not enough for an offendor to confesse and lay open his sins; hee ought also to repent and for­sake them; he that repenteth of his sins is in some sort innocent. RepentanceLactant. instit. hath not the least place among the ver­tues: because it is a correcting of a mans selfe; and if when we have sin­ned we grieve thereat and confesse that we have done amisse, and crave pardon of God, hee (such is his mercy) will not deny us pardon, unlesse we con­tinue in our sinnes: Great is the help, great is the comfort of repentance, it is the curing of our wounds and the hope and haven of our safety. When [Page 86] David Psal. 32.5. betooke himselfe to this har­bour and confessed his sinnes, he found that God forgave the iniquity thereof: for God is a most loving and kinde Fa­ther, and promiseth remissionEzek. 18.21. of sins to them that repent, and will blot out all their offences, who begin anew to doe justice.

Wherefore O sinner, put a period to thy naughtinesse, take a breathing time, consider well thy case, dispaire not, hope in him whom thou fearest; fly to him from whom thou runnest a­way, deplore and lament thy wicked life, so long as thou livest: Turne a­gaineAnselm. and repent, lest thou having bin circumvented by the Divell to circum­vent, cheat and beguile others, beest cheated and deprived of eternall life, and beest adjudged to eternall death.

3. Banckrupts must pray for pardon of their sins. Thirdly, Banckrupts ought daily to pray for remission of their sinnes, for seeing the cry of the Banckrupts evill courses hath pierced the eares of God, they ought also to cry aloud and often to God for pardon of their sins. Great is the force of prayer: fireChrysost. doth not more take away rust from iron, than [Page 87]prayer purges the filth of our sins; wher­fore let the Banckrupt pray now as heartily and opportunely, as he hath hath sinned highly and proudly. Let him prepare his heart constantly to powre out his supplications and pray­ers, and in the end he shall prevaile for pardon. With heart and tongue let him thus say. O Lord, though I have lost my integrity by my sinne, yet have I not bereaved thee of thy mercy; doe not, O Lord, so observe the evill of my sins, as to forget the goodnesse of thy nature: Be not so mindfull of thy just anger against my guilt, that thou minde not thy loving pitty to poore wretches. True it is, that my guilty conscience hath deserved damnation, and my repentance hath not been suffi­cient to satisfie thee. But sure it is, that thy mercy is beyond all my sin: Ther­fore O Jesus, bee to mee Jesus and Sa­viour, for thy names sake; let thy pit­ty be extended to me, while the time of mercy lasteth, lest I be condemned in the time of Judgment. If thou takest me into thy bosome, there will not be lesse roome for others.

4. Banckrupts ought to repay every man his due. Fourthly, Banckrupts ought faith­fully to repay money borrowed; for to the end that a debtor may lift up pure hands and minde to God, assured­ly it is very expedient that he pay the whole summe borrowed; for a Chri­stianRom. 13.8. should owe nothing to any man but love; whereforeSenec. B. 5. of benef. he that is obli­ged in any kind to another, ought faith­fully to discharge the same. Hee isSenec epist. 81. not well-minded that doth more wil­lingly borrow, than repay.

See how Zacheus not grudgingly entertained Christ at his house, yea how willingly he gave satisfaction to them, whom he had defrauded, which appeareth not by a bare, but by a foure­fold restitution, when Christ told him of Salvation come to his house: for thus he saith, Behold Lord, if Luk. 19.8. I have wrong­ed any man by forged cavillation, I re­store it fourefold. So it is said of Ga­bael debtor to Tobias Tob. 9.7. Ʋpon sight of the writing and seale he presently made pay­ment. Plutarch. Gelo the Tyrant payd the mo­ney borrowed of his subjects, as soone as the occasions of his troubles were ended. And Alexander Diod. B. 17 the Great, [Page 89]when Asia was vanquished, out of his owne treasure paid the debts of his Army to their Creditors. Neither in­deed ought the care of a private man to be lesse for the performance of his pro­mise and maintaining his Credit by an exact payment of the money which he oweth. Above all a Christian should surpasse all Pagans and Infidels in care to pay his debts, and maintaine his cre­dit by performing his promises and Covenants.

5. Banckrupts must avoid ly­ing. Fifthly, a care must be used by Banck­rupts in all things to avoid lying: for seeing they who resolve to be rich, of­tentimes in their courses baulk truth, sure it is that in such straying pathes a Banckrupt also walketh: and there­fore hee is to be admonished to avoid falshood in his speech, and to think with himselfe that toCic. Offic. 3. lye, to beguile, to supplant others, by cunning to de­ceive them for his owne profits sake, is in no wise incident to a good man, and that a fraudulentMich. 6. tongue hath its residence only in the mouth of the wic­ked.

The Persians and Indians so detested [Page 90]lying that they put it in the rank of the greatest Crimes: And enacted a law, that heeAlex. of A­lex. B. 6 c 10. which deceived his Clyent and thrice abused him by lying, should be enjoyned silence for all his life time, and should bee uncapable of all magi­stracy and honor.

Artaxerxes Ibidem. so wonderfully hated lying, that hee commanded a lyers tongue to be fastned to a post with three nailes.

Apaminondas Ibidem. was so serious a lover of truth that hee never spake a false word, no not in jest.

TheErasm. in Adag. Athenians forbad lying in markets or places of Commerce: be­cause it is never more frequent or im­pudent any where than there; and what doth more become a reasonable man, thanCic. Offic. B. 1. to make use of true reason and speech, and in all things to have an eye and due regard to truth? And on the contrary it is as unbeseeming a man to deceive and beguile, as to dote, and not to be himselfe. Much more should a Christian be of this mind.

Speech wasPlat in Tim. given us of God, that mutually we might unfold and declare [Page 91]our mindes one to another, and there­fore a good manNigid. in A­gell. 11. B. will avoyd lying, and a prudent man ever tell the truth. Especially as saith Lactantius, He thatOf true wor­ship B. 6. is a worshipper of the true God, should take heed, that hee never bee found to lie with an intent to deceive or wrong others; for it is a foule fault, that he who maketh truth his study, in any thing should deale falsely, and de­part from that truth which he pretend­eth to follow after. In this path of Ju­stice & all vertues there is no place left for lying. Therefore he, who is a true & just traveller therein, will not only say with Lucilius, a man must not lye to his friend and familiar, but further add and resolve, that no man ought to lye to any other man, no not to one wholy unknowne to him, no not to his ene­my, or at any time suffer his tongue, which should be the interpreter of his heart, to be at variance from his mean­ing and thoughts. Every deceiverProv. 11. is an abomination to the Lord; wherfore let us follow the Apostles rules, And lie Col. 3.9. not one to another, but laying Ephes. 4.25. a­side false speaking, utter the truth each [Page 92]man to his neighbour, for we are members of one another.

6. Banckrupts ought to shun Covetousnes. Sixthly, the Banckrupt ought to a­bandon all Covetousnesse, and to have a lowly minde, and to be well content with his estate: for a Covetous pur­pose to bee rich is a great spurre and provocation to much injustice; they that be sick of this malady fall into ten­tation and snares and into many foo­lish and hurtfull lusts.1 Tim. 6.9. The wages of deceit, which caught Balaam, will chaine up these men to their confusion. Let a man be a slave to these covetous and furious desires,Jud. 11. they will drawe him into destruction and perdition: for the love1 Tim. 6.10 of money is the root of all evill, after which while some coveted, they erred from the faith, and pierced themselves through with many for­rowes. Wherefore as much detest them as thou wouldest the Egyptian theeves,Senec. ep. 51. who pretend love and im­brace strangers with an intent to strangle them. Let thy desiresIdem. epist. 11. be mo­derate, thence canst thou not fall. Wee erreHorat. carm. 3. in calling him rich who posses­seth much; that name is better placed [Page 93]on him, who wisely useth Gods gifts, and hath skill patiently to beare pover­ty. A man is so much the happier, by how much his fardell is shorter trussed up for his journey.

Why then should any man cove­tously thirst after riches? A littlePsal. 37.16. which the righteous hath, is better than great plenty of the wicked: yea better is a little with feare of the Lord, than great treasure where there is ve­xation and iniquity: WhereforeHeb. 11.6. let your Conversation be without Cove­tousnes: for by conquering a Cove­tous and high spirit, you shall possesse a larger Kingdome, than if you should raigne over Lybia and the furthest parts of the world Northward,Horat. 2. Carm. and make both India's doe you ho­mage.

7. Banckrupts must shunne perjury, and keep covenant. Seventhly, Banckrupts ought to shunne perjurie, and performe their Covenants. For perjury is a sinne abominatedErasm. de ling. by the heathen, a­mong whom this speech (I swore with my tongue,Euripid. in Hippol. my minde is un­sworne) was held most wicked and unjust; much more should a Chri­stian [Page 94]take heed of all manner of perju­rie: Heare how some Nations punish­ed it: Among the IndiansAlex. of A­lex. B. 6. c 10. hee who was convicted of perjury, was punish­ed by having his fingers and toes cut off. By the Egyptian lawes perjured menDeod. B. 2. Alex. B. 10. had their heads cut off: because they were guilty of a double crime, First, for violating their dutie and faith to God; Secondly, for not holding and observing fidelitie with men; which is the greatest bond of humane society. And evenIdem Alex. at this day the hu­mane punishment is disgrace and infa­mie, the divine punishment of perju­rie is destruction.

That men may seriously avoid both: Let every man esteeme more his God than his gold, and Godlinesse than gaine, and ever observe faithfull dealing in all his actions.

The Romans were so carefull of their fidelity that they founded a Temple of Fides or True Dealing in their Citty, to teach all men to expresse faithfulness in all their words & deeds. And that fidelity might bee inviolably observed by the Romans, Numa Plutarch. their [Page 95]King consecrated the right hand to it. Let then Christians take heed of a slip­pery and unconstant fidelity in their right hand, and to play fast and loose at pleasure in their speeches. Let their breasts be purged of this filth, that they may be Temples of God glittering and adorned with the resplendant rayes of faithfulnesse and truth.

8. Banckrupts must deale justly in all their courses. Eighthly, the Banckrupts ought to observe just dealing in all their Courses. It is a most undoubted truth, that it is impossible intirelyTacit. Ann. to ob­serve just dealing, where a man hath an eye to the greatnesse of his gaines: Let each manAmbros. in his Offic. therefore thinke with himselfe, that a man ought not to de­cline from true dealing, nor wrong or beguile any man thereby to advance his owne estate. Heathen Tully therefore said well, that the markets and minds of men were both to be purged fromOrat. for Rabir. all footsteps of wicked and unjust deal­ing. And God by Esay Esay 1.16. biddeth, wash yee, purifie yee, put away the evill of your doings from before mine eyes, cease to doe wrong, learne to do good. And Lanctantius B. Of true worship. 6.13. saith rightly, It is [Page 96]the chiefe point of a wise, just and ho­ly man to accompt it his riches to deale justly. And if any man be other­wise minded, though he passe Crassus or Craesus in wealth, yet he is to be re­puted a poore man. And therefore a wise manSence. of an hap. life. will let no penny come within his dores, that had not an ho­nest and just entrance.Stob. Serm. 42. If example will prevaile with us, The Ethiopians, es­pecially the Macrobians were (and are so stiled by Homer) most holy and most just. Among the Scythians there are a people,Caelius antiq. lect. 23.9. whom no man will wrong: because they be held to be sacred; and whosoever sojournes among them, they keep him secure from all harmes. The Thuriacks much exercised in Merchan­dize, are free from all craft and deceit. If these things were practised by Hea­thens, they should not be neglected and grow into disuse among Christians. Especially seeing God by his holy Pro­phet, when question is made,Psal 8. Who shall dwell in in thy holy mountaine and rest in thy holy hill? Answereth: Even he that walketh uprightly and worketh righteousnes.

A Banckrupt must ninthly avoid hypocrisie, and be truly vertuous.9. Banckrupts must be truly vertuous and avoid hypo­crifie. St Bernard complainedBern. on Cant. Serm. 602. that in his dayes the filthie contagion of hypocrisie spread it selfe into many mens minds and became the more dangerous and desperate, by how much it was more common; because connived at. The best Counsell and most compendious way to root out this mischiefe, is to strive for a serious and true perfor­mance of each mans dutie; for as the lightCic. 2. de finibus. of the Sun makes the light of the Candle seeme nothing, and quite extinguisheth the pleasure and benefit which we tooke in it: so the splendor and noblenesse of true vertue will Ec­clipse and darken the esteeme of all outward things and the covetous desire thereof. Vertue and true godlinesse maketh men truly noble, and entitles them good men. Therefore, whatsoe­ver wildHorac. Epod. and fruitlesse boughes spring in thy heart, prune them off, and graft better fruit thereon, even the fruit of true vertue, which is the peculiar good belonging to mankinde, expecially to a Christian man, who beareth about in [Page 98]him the Image of his God, and is never more mindfull of the Name of God, than when hee is not onely an hearer of Gods Word, but really and indeed a practiser of the same. And a Christian man is a living Temple of God, and is not so much to be adomed with gold and the corruptible splendor of pearles and precious stones,Lanctant. Instit. 5.8. as with everlasting and glorious ornaments of true vertue and an holy life.

10. Costly ap­parell must be avoided. Tenthly, such as would not bee Banckrupts, must abstaine from super­fuous expences, and namely from too costly apparell: for if needlesse and too sumptuous outward omaments spend mens estates, Banckrupts must shunne expence herein. For as Seneca saith, all goodnesse and vertue is extinguish­ed by the fickle unconstancy and too great nicety of adorning the body. A­lexander Atheneus B. 12. having conquered the Per­sians, left the modest Grecian habit for the effeminate Persick Garbe, whence the more noble Macedonian spirits deemed not the Persians so much con­quered by the Grecians Armes, as the Grecians triumphed over by the Persi­ans [Page 99]delicacies. And in these times out­landish and strange attire is so ambiti­ously hunted after, that other coun­treyes may seeme to have triumphed over us and put their fashions upon us. Yea, such is our folly herein, that not that fashion is pleasing to our humors, which is most convenient, expedient, and usefull, but that which is last in­vented, though it be most vaine and fan­tastick: not that which best preserves from cold, and is most for our health, but that most sets forth our riotous fan­cy. A glorious and pompous ostenta­tion is more regarded than a seemely and decent moderation. Let men of this humor know, that these things cannot passe without Gods just indignation. For God will visitSophon. all them that are clothed with strange apparell. Were not riotousnesse in Apparell andGreg. homil. 6. on the Go­spel. gal­lantry a fault justly to be blamed: God would never have set forth and com­mended John the Baptist in his rough garment: Nor would the Apostle have taught women not to delight in preti­ous and costly garments, but to cloth themselves as became women profes­sing [Page 100]religion, and expressing it by good works. Nor would the Gospell have spoken of a rich man clothed in silk and purple every day. Those things,Epictet. which we use about our bodies, are for our souls sake, and for lifes preserva­tion, as meate, drink, clothing, houses, attendants: whatsoever therein serveth for superfluous ostentation and delicacie is to be rejected. A cleanlynesse, not womanish or odious,Tully Offic. but such as may free us from Clownish & uncivill neg­lect of our selves, doth best become us. As in most things else, so in appa­rell, a meane is best. Besides there is a clothing more pretious and honorable than golden Tishew, and all outward bravery: And that is the puttingEph. 4.24. Zanch. ep. to Q. Eliz. on of Jesus Christ: Here is the true g and most comely garment of all; to obtaine which, each man should imploy his best care, and strive to put off the old man with his actions, and to put on the new, the Lord Jesus Christ: This garment, he that is a professor of the true faith, will put on, that he may appeare beautifull and gratious in the cyes of the most High.

11. Stately building is to be avoyded. Horat. Carm. 2. Eleventhly, hee that would avoid impoverishing of himselfe and being Banckrupt, must not build for his pri­vate use stately houses and magnificent pallaces; such as his own ground will not susteyne, without extending their foundation into his neighbors and Cly­ents bounds, nor his estate maintaine without borrowing. Such builders commonly forget their Sepulchers, and set their debts farthest off from their thoughts; yea theySalust. make all things a­bout thē more worthy to be seene than themselves, and take great care to have their buildings an honor to themselves & themselves a disgrace to their build­ings. I wish that such as these are, would consider truly, what is to be thought of brave buildings: Are they not meere shewes, vanities, bubbles? Salomon Eccles. 1. built him royall houses, prepared gar­dens and orchards: So that hee was great and increased in all things beyond all that were before him: But when hee had thus denyed his eyes nothing which might content him, and had considered with himselfe, and justly judged of the works of his hands, be­hold [Page 102]all were but meere vanity and af­fliction of Spirit.B. 1. of true worship. For (as saith Lactan­tius) they are soone either ruinated by a sudden earth-quake, or consumed by fire, or taken away by enemies inva­sion, or moulder away in time. For there is nothing erected by humane art & industry, which time doth not waste and consume. Why then e should man let his mind wander after vaine things? This made the HeathenCic. Offic. 1. Orator to de­hort from sumptuous and magnificent buildings, and to require a meane and measure as in the whole course of mans life, so especially in building. And sure­ly let aEpist. 7. man weigh all things duely, and he will, as Seneca adviseth, think meanely of all ornaments and glorious superfluities, which the needlesse la­bour of man produceth, and count no­thing wounderfull, but the soule which being of greatest worth of all things in this world, can here finde nothing greater than it selfe. Besides let a manCicero. look upwards and behold the everlast­ing pallace and mansion above, then can he not set his care, or fix his hope and trust on buildings, lands, or any hu­mane [Page 103]mane thing, which the common sort of men so much applaudeth. And there­fore sacred scripture telleth us of an house2 Cor. 5.1. and building not made with hands, but eternall in the heavens, where is all perfection of blisse and happinesse. So that it cannot otherwise be, but that thou shouldst disesteeme thy roomes set out with marble and pretious stones,Cyprian Epist. to Donat. and the vaulted roofe glittering with gold, when thou re­membrest, that God hath prepared for thee an heavenly house, in which hee himselfe abides as the Temple.

12. Riotous and sumptuous banqueting is to be avoyded. In the twelfth place riotousnesse and sumptuous banquetting is to be avoyd­ed. And why should a man lavish out his wealth in prodigious and prodigall banquets? Why should he seek for de­licates from all parts, and never think his table sufficiently decked and a dorn­ed?Tacit. hist. 4. Sence. col. 95. In old time men contended to ex­cell one another in vertue and modera­tion; and now will they outvie each other in wanton and needleste riot, in curious dainties, and night-revellings and banquets? Is all frugality so banish­ed that menIdem. are not contented to glut [Page 104]their teeth, pallates, stomacks and bel­lies, but have gluttonous eyes, not easi­ly satisfied? did they but considerCic. Offic. 1. what is the excellency and dignity of man, they could not but conceive, how base and beastly a thing it is to run out into a riotous delicious and wanton course of life, and how commendable it is to live sparingly, continently, gravely, soberly. SurelySenec. ep 65. man is a more excel­lent creature and borne to higher mat­ters, than that hee should become a drudge to his body. And shall heeCicer. parad., when God hath given him a soule, than which nothing is more excellent and divine, so abase and vilify himselfe, that hee shall make no difference be­tweene himselfe and a beast? Let him rather think,Alex of Alex, B. 3. c 11. what becometh the in­dowments given him by God, and a­void rare, new invented delicates, rich­prized and sumptuous dishes, exquisite sawces and provocatives of gluttony. If any pretend that different times re­quire different manners: I wish thatPlaut. in Trin. old and frugall course of frugali­ty and sobriety might rather doe man honor, and maintaine his strength and [Page 105]hardnes, and fit him for vertuous acti­ons, than new and worse course and manners make him contemptible, ef­feminate, and unfit for any worthy im­ployment. But some will say, custome hath prevayled, and if there be a fault of that kind among men, it is not at all discerned: because it is growne com­mon. St Gregory answers this,Greg. c. 10. in the decrees. saying that custome is not to be of force to in­duce any man to sinne; An evill cu­stome as an evill humor or disease in the body, is to be purged out and quite extinguished: lest wicked men should draw it up by degrees into a privi­ledge. Let a pious Christian rather learne how little serveth to maintaine a sober and religious life, and what moderation contenteth and best fitteth nature, and so shall his minde be hard­ned against excesse, and taken off from from all allurements to pleasure and deliciousnes.

13. The Banck­rupt must a­void pleasure. The Banckrupt in the thirteenth place to shunne all excesse of pleasure and to bridle all exorbit and desires, and free his minde from all pernitious and voluptuous incitations to evill: Let [Page 106]him give care to the Apostle, who saith, Beloved 2 Pet. 2.11. I beseech you as strangers and pilgrims, abstaine from freshly lusts which fight against the soule. 'Tis a high pointHieronym. Epist. of vertue for men that carry flesh a­bout them, not to live according to the flesh, but to watch this enemie in­cluded and carried about in them, with Argus hundred eyes; that the soule and better part become not slave to the bo­dy and worse part of man. Man hath a continuall warfare to exercise him­selfe in: hee is never at quiet; diversi­ties of pleasures doe still and ever in­vade him; what a carefull watch, what scouts & centinels, what strong bands are to be prepared for the oppo­sing and overcoming so subtle, perniti­ous,Lactant. and mortall a foe. Suppose wee that these things be so, though the fight be dangerous, yet is the victory glori­ous, which hee shall obtaine who sub­dueth and quelleth his unruly affecti­ons, banisheth poysonous pleasures, warreth against all beastly lusts, and endevoureth to compose his life after the rule prescribed by the divine and sacred lawes. And this shall any man [Page 107]more easily doe, if he consider with what endlesse paine & intolerable tor­ment a short and small pleasure is bought. If any say, I finde corruption so strong in me that I cannot abandon and cast off pleasures which insinuate themselves into my heart most power­fully. To him I answer:Horat. B. 1. ep. This softnesse and easinesse of minde is to be rejected, and manly courage put on; the affecti­ons are to be tamed and chained up: for unlesse they be mastered and made to obey, they will domineere and over­rule.Rom. 6.2. A care therefore must be had that sinne raigne not in our mortall bodies to make us obey it in the lusts thereof: So shall the swelling, proud and unru­ly motions of mens minds (though become unbridled and wild by prospe­rity and successe, and lashing out be­yond the bonds of reason and right un­derstanding) be crubbed and made obe­dient to reason and temperance: So that the Soule shall more safely sit as Queene, and ruling more easily the quelled affections (which otherwise would draw men from obedience to Gods Law and reasons direction) more [Page 108]seriously and earnestly imploy it selfe in the duties of piety and equity, and for ever here raigne over inordinate lusts & pleasures, till at length it raigne in heaven with Christ, & be freed from the least molestation and feare there­of.

The Conclu­sion. Thus farre have I proceeded to open the remedies of Banckrupts courses, & in breife have set down, what I judged most profitable, usefull and effectuall. My wish and desire is; that my Coun­sell may prove as pleasing, as it is whol­some; and may not only delight, but Cure: which it will doe, if it pierce not the eares of men onely, but the hearts too; And be not sufferd there to lye fruitlesse, as seed lying on the top of the ground, which dryeth, wither­eth, and cometh to nought; but take deep root in the bottome of mens hearts, and by the rayes of Gods good­nesse shining thereon, prove most fruit­full. They whose bodies are wasted & weakned by a lingring disease long growing by degrees upon them, must be cured by a continuall course of Phy­sick, and by dayly evacuations and cor­dials [Page 109]be brought to a due tēper againe: So the sicknesse of mens minds and harmfull maladies long rooted therein, cannot possibly be cured, unlesse the Physick here prescribed bee faithfully observed, and frequently and dayly used, and the due circumstances of the precepts & directions for the planting of vertue and extirpating of evill, most conscionably put in practise: which that it may truly and indeed bee done and effected, I humbly and heartily beseech God the soveraigne ruler of all to grant.

FINIS.

Imprimatur,

Iohannes Hansly.

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