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<DATE>2010-10-06</DATE>
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<NAME>Kayla Ondracek</NAME>
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<P>THE INTEREST OF Creditors AND Debtors, OR The Duty that is Incumbent on both, By the Laws Moral, Civil, and Divine.</P>
<P>With their Re&s;pective Intere&s;t Stated.</P>
<P>Publi&s;hed, for their Mutual Benefit, by an Impartial Ob&s;erver of the often Severity of the Former, and Defection of the Latter</P>
<P><HI>LONDON,</HI> Printed, and are to be &s;old by <HI>William Rawlins</HI> over again&s;t the <HI>Royal Exchange</HI> in <HI>Cornhil</HI> 1673.</P>
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<DIV1 TYPE="to the reader">
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<PB REF="2">
<HEAD>TO THE READER.</HEAD>
<OPENER><SALUTE>Reader.</SALUTE></OPENER>
<P>Mr Sympathy with poor Pri&s;oners hath incited me to offer the following Di&s;cour&s;e in their behalf; that it might provoke the Charity of Men, or at lea&s;t the Clemency and forbearance of their Credi|tors towards them in this, or that I hope it may meet with &s;ome &s;ucce&s;s, although it be a flinty Age. And if the rea&s;on thereof prevail with any, to admini&s;ter their &s;uperfluities, and improve their
<PB REF="3">Re&s;pective Capacities, for the alleviation of Pri&s;oners Burthens; not de&s;pairing of thy &s;elf for one; then my de&s;ign herein will not be fru&s;trated, who am.</P>
<CLOSER><SIGNED>Thine, P. P.</SIGNED></CLOSER>
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<HEAD><HI>The INTEREST</HI> OF Creditors AND Debtors.</HEAD>
<P>_THat it is a Duty incumbent upon Humanity to Pro|mote the Good of its In|dividuals; and recipro|cally every individual one the others good; or they violate the Harmony of their being, &s;eems to be the intent of that
<PB N="8" REF="4">Maxim, <HI>Nemo &s;ibi na&s;citur,</HI> that no man is born to him&s;elf. And becau&s;e &s;uch Impre&s;&s;i|ons remain in Nature, notwith&s;tanding the inundation of Ignorance by the Apo&s;tacy: a greater improvement is expected from us, under tho&s;e many advantages, &s;ince of|fered for our Re&s;toration. The fir&s;t Branch of &s;elf-hood (the root of all Strife, Debate, Contentions, Injuries, Homicides, <HI>&amp;c.</HI>) appeared in the Fratricide of <HI>Cain,</HI> who perpetrated that Act upon his Brother, up|on the &s;ingle Emulation of his Offering be|ing re&s;pected; but hath &s;ince, Spawned a multitude of Iniquities in the World. As men hath given liberty to their Extrava|gant Appetites, and might be traced to be the Mother of mo&s;t (if not all) Enormities committed, whereof the cruelty and vio|lence of Creditors exerci&s;ed towards their Debtors, by Arre&s;ts, Impri&s;onments, and other Depredations made upon their Per|&s;ons and E&s;tates, is none of the &s;malle&s;t Bratts: And that the deformity thereof may appear, is the de&s;igned appropriate Subject of this Di&s;cour&s;e.</P>
<P>Now therefore all &s;uch as are, or may be concerned; let them con&s;ider, that a rigorous proceeding of Creditors again&s;t their Debtors, is not encouraged or counte|nanced, by any Laws Moral, Civil, or Di|vine;
<PB N="9" REF="4">no rule of Manners, dictates of Hu|manity, or divine Precept, doth favour, but rather frown upon &s;o degenerate an Act. A <HI>Bay</HI> of the uncontaminated Nature, was illu&s;trated by <HI>Abram,</HI> who might have chal|lenged <HI>Lot</HI> in right of Ance&s;try: A priori|ty of Election, as may particularly be &s;een in the Story,<NOTE PLACE="marg"><HI>Gen.</HI> 13.</NOTE> and was before the Moral Law was Exhibited; &s;o great a Patriarch and Potentate being indi&s;putably a pattern of Patience, &s;elf-denial and Brotherhood, for the imitation of all his Survivors. The good that <HI>Jo&s;eph</HI> returned his Brethren for their Evil, with many the like Pre&s;idents in Holy Writ that might be in&s;tanced, &s;ufficiently commend to men the Exerci&s;e of Patience, Goodne&s;s and Charity one towards another.</P>
<P>If we re&s;pect the Decalogue, which was added for the Re&s;titution of the Original Na|ture, the &s;everity of a Creditor to his Deb|tor, is far from being ju&s;tified thereby; And without doubt, is implicitly forbid in the Sixt Commandment: <HI>Thou &s;halt do no Mur|der,</HI> which comprehends a great deal more then barely violence to a mans life, there be|ing many wayes to render that in&s;upportable or very mi&s;erable: Among which, the Cre|ditor pur&s;uing his Debtor to Pri&s;on, may well be reputed one, where he is made u&s;ele&s;s
<PB N="10" REF="5">to his Generation, in all his Capacities; he cannot there &s;erve him&s;elf, le&s;s his Family, and lea&s;t of all his King and Countrey, to whom the greater Obligation lyes. I ap|peal to all &s;ober men, whether &s;uch a con|dition be not Equivolent to death it &s;elf, to any man that yet retains judgement, to a&s;|cribe it its proper merit. The Scriptures in divers places, give te&s;timony and rebuke to the &s;ecret practi&s;es of men, one again&s;t ano|ther; and mo&s;t of all, being &s;hrowded under a Cloak of Ju&s;tice: And here it may be a digre&s;&s;ion ea&s;ily pardonable, to in&s;pect tho&s;e Imployments and Profe&s;&s;ions of men, that in &s;ome mea&s;ure do participate of the Nature (and are &s;ub&s;ervient to the ends) of &s;uch a murdering Spirit.</P>
<P>It will not be improper to begin with tho&s;e that are the Agents and Factors for Credi|tors, in the Rigor and Violence they u&s;e to|wards their Debtors; and the fir&s;t &s;ort of them, are &s;ome per&s;ons appending to the Law, who take plea&s;ure to act to the undo|ing a man, becau&s;e they are hired to it, and it is very comely and honourable, they think, to be the mini&s;ters of Malice and Revenge, becau&s;e they are paid for it; a &s;ort of mer|cinary people like Packhor&s;es to any de&s;ign for Money, as the late Rebellious Age too wofully exemplified.</P>
<PB N="11" REF="5">
<P>The blood of the Degenerate nature, is highly vitiated in them, who help the De|vil at a dead lift, doing that for him which he can't do for him&s;elf: being Re&s;trained from doing men that Evil he wills, he incites a Civil War in their Species, whereby to hurt one another, not unlike that Proverb, <HI>Homo homini Daemon,</HI> the Exaction, Infidelity, and Corruption of &s;ome of them, the ignorance and negligence of others towards their Cly|ents, are manife&s;t Characters of a Murde|ring quality, and unworthy management of a Profe&s;&s;ion, in it &s;elf &s;ufficiently nece&s;&s;ary and ju&s;tifiable.</P>
<P>The&s;e doubtle&s;s, if the life-blood were Money, and they could come as ea&s;ily to the Pur&s;e, as now they do, would make no &s;cru|ple to cut the &s;trings, to gratifie their un&s;a|tiable de&s;ire; when poor men are thus &s;ub|jected and pro&s;trate to the Revenge of their Blood-thir&s;ty Creditors, being ca&s;t into Pri|&s;on, and made Tributary to the Drones of the Earth, <HI>Viz.</HI> their re&s;pective Keepers, Waiters, Turn-keys, Porters, <HI>cum multis aliis quos nunc pre&s;cribere lougum est,</HI> their bones are there to be pick'd, while fit for lit|tle, el&s;e but to make Dice of; a Phra&s;e too frequently u&s;ed and tantamount effected, by &s;ome implacable Spirits upon their Debtors. Now not to &s;tray too remotely from the in|tended
<PB N="12" REF="6">Subject; if we con&s;ider the re&s;pective condition and capacity of Creditors, with that of their Debtors, their violent and rigo|rous Pro&s;ecution of them to Pri&s;on, pur&s;uing that al&s;o to the extremity of re&s;traint, envy|ing their lea&s;t Liberty, affording more fa|vour and benefit to their Dogs, then to &s;uch men, who&s;e misfortune hath been to incurr their debt; &s;uch procedure is altogether in|con&s;i&s;tent with Rea&s;on, and prejudicial to their own Intere&s;t. The condition of the one is abounding, the other nece&s;&s;itous and wanting, thus it &s;tands with the Major part of Creditors and Debtors, the di&s;proporti|on of their &s;ub&s;i&s;tance being &s;ufficiently evi|dent, the one flouri&s;hing the other indigent; the Creditor making u&s;e of his plenty, to en|feeble and render his Debtor more in&s;olvent: this they do (though perhaps will or may be a&s;hamed to own it) to that end. What rea|&s;on then hath Plenty to pro&s;ecute Poverty, when we con&s;ider that one and the &s;ame hand di&s;pen&s;eth both,<NOTE PLACE="marg"><HI>Prov.</HI> 22.3.</NOTE> as is atte&s;ted by the Pray|er of <HI>Agur.</HI> Some are inevitably made in|&s;olvent by Providence,<NOTE PLACE="marg"><HI>Proverbs,</HI> 30.8.</NOTE> either by adjacent or remote means, who&s;e Calamity is aggra|vated to be then in Debt, and this condition which requires the more compa&s;&s;ion, is made the opportunity of cruel Creditors to add to their mi&s;ery: without doubt &s;uch per&s;ons
<PB N="13" REF="6">would be as ready to affront their Creator (if within their reach) upon many cro&s;s oc|currences of their intere&s;t, who &s;o readily lay load upon his Creatures, their brethren,<NOTE PLACE="marg"><HI>Prov.</HI> 14.31.</NOTE> for the Trifles of this world, wherein at the &s;ame time them&s;elves abound. The rea&s;on of all Actions is manife&s;t by their end, by which it will appear, that the murdering proceedings of Creditors again&s;t their Deb|tors, are to gratify &s;ome domineering Lu&s;t or other; to which all other Licentious de|&s;ires of men, are mo&s;tly &s;ub&s;ervient and tri|butary; &s;ome are precipitated thereunto, by Pride and in&s;olence, &s;ome by Pa&s;&s;ion, and Revenge, others by Pollicy, (who would &s;hew them&s;elves wi&s;er than theirs fellowes, aiming to be fir&s;t &s;erved) and mo&s;t if not all of them, are &s;et on work by that Gene|ral of the Infernal Field, Covetou&s;ne&s;s; men being thus acted by one Devil or ano|ther, who&s;e proper names are more ob&s;cure; the Rea&s;on that guides them to &s;uch inhu|mane practi&s;es, is not that which was fir&s;t given, but hath been &s;ince infected, and is become Earthly, &s;en&s;ual and Devilli&s;h. They flatter them&s;elves, &s;tifling the rebukes of Con&s;cience, and hardning their hearts with the pretence of Ju&s;tice, that a man may innocently &s;eek his own, by &s;uch ways and means as the Law provides him: to remove
<PB N="14" REF="7">which &s;tone, there was a Maxim long &s;ince provided, <HI>viz. Omne nimium vertitur in vi|tium,</HI> Ju&s;tice may be exacted with intolera|ble circum&s;tances, which is &s;o often forbid|den in the Levitical Law under the denomi|nation of Oppre&s;&s;ion;<NOTE PLACE="marg">19. <HI>Levit.</HI> 18 33, 34. <HI>ver.</HI></NOTE> and &s;eemeth to be chie|fly, if not only meant, that for which a man may have &s;ome pretence, or colour of Ju&s;tice, to act again&s;t his Brother. What&s;oever is rigorou&s;ly required of di&s;abled corre&s;pon|dence, is of near kin to Oppre&s;&s;ion, and great|ly deviating from that Royal Law implanted in Nature, and &s;o frequently reinforced both in the Old and New Te&s;tament, <HI>of loving our Neighbor as our &s;elf, and doing as we would be done unto;</HI> men that are willing to indulge them&s;elves in the practi&s;e of cruelty, have the impudence to a&s;&s;ert, that they do nothing but what they &s;hould willingly &s;ubmit unto and ju&s;tify in their Creditors: willingly ra|vi&s;hing their own &s;ouls of all mercy, &s;weet|ne&s;s and humanity that &s;hould adorn them, and cheating them&s;elves with a lye at the &s;ame time, being in a condition greatly above the &s;ufferer: they choo&s;e to be ignorant, that he that doth not e&s;pou&s;e the condition of the pa&s;&s;ive, can never charitably or ju&s;tly mea|&s;ure out unto him. Such indeed who have made their minds the man&s;ion of all Be&s;tial qualities, may repute it &s;ea&s;onable to &s;et up|on
<PB N="15" REF="7">a man already under affliction: <HI>David</HI> com|plains of &s;uch in the 10.17. &amp; 35. <HI>P&s;alms.</HI> There needs no pains to de&s;cribe the uncomeline&s;s thereof, the actions of Boys in the Street one towards another, &s;ufficiently explode it, pro|hibiting in their Cover&s;ation, the &s;triking of one that is down. Its impo&s;&s;ible to derive &s;uitable goodne&s;s, without a compa&s;&s;ionate &s;oul. There are another &s;ort of men, that have a little more tincture of Lenity, but yet are per&s;waded to &s;mother it, under pretence that Charity &s;hould begin at home, they have a Family to maintain, and Children to rai&s;e Portions for, therefore they are obliged to be &s;evere with their Debtors. This Cloak hath a plau&s;ible A&s;pect, but upon examina|tion 'twill be found as deformed as the for|mer; for were &s;uch excu&s;e to be admitted as rea&s;onable, it would be a bar to all man|ner of Charity among&s;t men, that a man &s;hould &s;u&s;pend all acts of Goodne&s;s and Bounty, to pre&s;eny and worthy objects there|of, becau&s;e his children may have need of the &s;ame ten or twenty years afterward, is too great a &s;parke of Infidely, a pre&s;ump|tion upon providence and a Monopolizing of all benefits to his own Loyns, de&s;tructive to humane Society, inverting the de&s;ign of the Creation, which by mutual help was to abound in the common Good. That grand
<PB N="16" REF="8">root Covetou&s;ne&s;s before &s;poken off, doth al&s;o produce this branch, according to what is hinted in the <HI>Wi&s;dom of Solomon, that the wandring of Concupi&s;cence,</HI><NOTE PLACE="marg"><HI>Wi&s;d.</HI> 4.12.</NOTE> <HI>doth undermine the &s;imple minde.</HI> Having thus far endeavoured the di&s;covery of the unre&s;onablene&s;s of the cruel Creditors: here is opportunity al&s;o to induce the demon&s;tration, that &s;uch his pro|ceedings are again&s;t the rea&s;on of his own intre&s;t; to demon&s;trate which, we are to con&s;ider the Debtor under a double qua|lification, either hone&s;t or di&s;hone&s;t: in both which denominations, the violent dea|ling of the Creditor with his Debtor, is again&s;t the requiring of his own intere&s;t, which is, to be &s;ati<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">fied, if his Debtor be hone&s;t? greater &s;ecurity cannot be given him, then &s;uch principles as will certainly perform, when ever Ability concurs: and to u&s;e force again&s;t &s;uch an one who&s;e power is ab&s;ent, may irritate and incen&s;e the Divine anger, that is jealous to revenge the cau&s;e of the in|nocent; and may render him Culpable of that Judgement denounced in the <HI>P&s;almes: His mi&s;chief &s;hall return upon his own head, and his violent dealing &s;hall come down upon his own pate.</HI><NOTE PLACE="marg"><HI>P&s;al.</HI> 7.16.</NOTE> If the Debtor be di&s;hone&s;t, conceales his &s;trength, can, but will not pay, although it can hardly be pre&s;umed, that men &s;hould choo&s;e a Pri&s;on, and therewith a &s;uperfluous
<PB N="17" REF="8">expence that doth accompany it, which in &s;ome rea&s;onable time, and their liberty might be &s;aved, and conduce at lea&s;t towards &s;atisfaction of the Creditors: yet admitting that &s;uch there be, as many others that do things as incon&s;i&s;tant with rea&s;on, however it is the Creditors intere&s;t to forbare the pur|&s;uit; a Pri&s;on generally debaucheth mens parts, and impoveri&s;heth their Pur&s;e, which needs mu&s;t di&s;appoint the hopes any man may have of payment from &s;uch a Condi|tion: A poor and unworthy revenge to be continued, unbefitting any that are Prudent or Pious, wherein their ends are fru&s;trated in their life, and in their death mu&s;t be wor&s;e di&s;turbed, it being doubtle&s;s a great ob|&s;truction of Re&s;t and Peace, to be the irrevo|cable cau&s;e of anothers mi&s;ery. The Scrip|ture advi&s;eth <HI>not to let the Sun go down upon our wrath,</HI> which implicitly forbids our dy|ing in the paths of revenge, of the lea&s;t un|charitablene&s;s.</P>
<P>There are a third &s;ort, and they will plead nece&s;&s;ity for their excu&s;e, their own wants are &s;o pre&s;&s;ing, that they mu&s;t needs be &s;e|vere with their Debtors: The&s;e of all others are lea&s;t pardonable, that will aggravate their own mi&s;ery, to make another like them and pa&s;t hopes to help them; whereas there is no nece&s;&s;ity to evil Actions, and all that
<PB N="18" REF="9">deviate from charity, are &s;uch,
<HI>Solomon</HI> gives you a character of them <HI>Proverbs.</HI> 28.3. <HI>A poor man that oppre&s;&s;eth the poor, is like a &s;wee|ping rain which leaveth no food.</HI></P>
<P>there is a Reciprocal and Correlate duty between Creditors and Debtors, as it is in|cumbent upon one to exerci&s;e Forbearance and Patience, it is al&s;o upon the other, to be ju&s;t and to pay as he is able; If men would think them&s;elves (as indeed they are) as accountable to <HI>God Almighty,</HI> for the omi&s;&s;ion of the&s;e Duties, as for the breach of other his Commandments: Truly the Lawyers would have no &s;uch cau&s;e to laugh at their Clyents follies, and wallow in the wealth of their Ruins.</P>
<P>It remaineth now to Evidence, that the whole current of divine Precepts, is in the Pentateuch or Five books of <HI>Mo&s;es,</HI> &s;o the days of the Prophets were full of their De|clamations, the Doctrine of Chri&s;t him&s;elf and his Appo&s;tles, more abundantly is again&s;t, &s;o unnatural, ungodly, and unchri&s;tain-like dealing of Creditors with their Debtors. <HI>Thou &s;halt not avenge, nor bare any grudge again&s;t the children of thy People,</HI><NOTE PLACE="marg"><HI>Levit.</HI> 19.18.</NOTE> <HI>but thou &s;halt love thy Neighbor as thy Self, &amp;c.</HI> This Text pre&s;uppo&s;es men to be offenders one again&s;t the other, either in their natural, or civil capacities, or both:
<PB N="19" REF="9">And therefore commands them not to &s;eek revenge, yea more, not to harbour the lea&s;t Animo&s;ity each to other, with an affirmative Precept adjoyned, as the rea&s;on of the former; <HI>Thou &s;halt love thy Neighbor as thy &s;elf:</HI> there is no man that hath yet a &s;park of Goodne&s;s remaining, but in any tre&s;pa&s;s he commits, or may commit, ei|ther again&s;t God or man, but he would wil|lingly be forgiven, or at lea&s;t forborn, till he can make a ju&s;t Reconciliation; And he that thus loves him&s;elf,<NOTE PLACE="marg"><HI>Luke</HI> 6.31.</NOTE> ought &s;o to love his Neighbor. If any &s;hould object that this brotherly kindne&s;s, was only to be exerci&s;ed among&s;t tho&s;e of Affinity or Con&s;anguinity, the 33 and 34 Ver&s;es of the &s;ame Chapter, remove that re&s;traint, &s;aying: And if a Stranger &s;ojourn with thee in your Land, ye &s;hall not vex him, but the &s;tranger that dwelleth with you, &s;hall be unto you as one born among&s;t you, <HI>And thou &s;halt love him as thy &s;elf,</HI> &amp;c. here is a door of Fraternity o|pened in the manhood, removing all man|ner of preten&s;e for Partiality, in the di&s;tri|bution of Charity and Ju&s;tice one towards another: And this is atte&s;ted by the <HI>Simile</HI> our Saviour put forth of the <HI>Samaritan,</HI><NOTE PLACE="marg"><HI>Luke</HI> 10.36.37.</NOTE> that did good to him that was fallen among Theeves, and therefore was his neighbor, not re&s;pecting Allenation of people, but
<PB N="20" REF="10">the nece&s;&s;ity of the Object. Now that men are not &s;uch &s;trangers in nature as (by their cruelty and mercile&s;ne&s;s to each other) they make them&s;elves. Let them take that ac|count St. <HI>Paul</HI> gives of their extract, in the <HI>Acts</HI> chapter 17. ver&s;e 26. <HI>And hath made of one Blood, all Nations of men for to dwell on all the face of the Barth,</HI> &amp;c. We count it unna|tural among Bea&s;ts, that individuals of the &s;ame &s;pecies &s;hould prey one upon another: yet with them its le&s;s practi&s;ed then with men. With what con&s;cience then can a Creditor (if his light be not become darkne&s;s) per&s;ue his Debtor to a Pri&s;on? at once de|ve&s;ting him of all the benefit of the Creati|on, ravi&s;hing all his hopes of improvement in his Generation, damnifying all his natu|ral or acquired parts to that end, and certain|ly plunging his Vital and Animal Being into a decay and mi&s;erable langui&s;hment, which produceth his <HI>Exit</HI> to the World, his debt &s;atisfied, and very probably his Creditor to an&s;wer for his blood: Let all di&s;intere&s;&s;ed men judge, if this be not the wor&s;t way of murdering a man.</P>
<P>By the Law of Charity, no man ought to have &s;uch thoughts of another, that being able, he will choo&s;e a Pri&s;on to avoid paying his Debts; and if in matter of Fact, there be here and there a Mon&s;ter in their kind, what
<PB N="21" REF="10">may be ju&s;tifiable again&s;t &s;uch an one, the &s;everity of Law being intended for &s;uch, ought not to extend to all, that in &s;ome other fence may &s;ee culpable in the eye of it; the &s;ame mea&s;ure may be excu&s;able to one, that may be criminal, being meeted to another, from the different merit in the recipient. There are doubtle&s;s many men, to whom the apprehen&s;ions of a Pri&s;on may be more ter|rible, then of Death, who therefore being rigorou&s;ly pro&s;ecuted by their Creditors may (out of ju&s;t ends, fore&s;eeing an impo&s;&s;ibili|ty of ever making &s;atisfaction there) &s;trug|gle hard, making what defence they can, to prevent &s;uch approaching Mi&s;chief and Ruin, (hoping &s;till there may be &s;ome life in that Proverb, <HI>Multa cadunt inter poculum &amp; labra,</HI> many things fall between the Cup and the Lips, and give a diver&s;ion to &s;o violent a tem|pe&s;t; which procra&s;tination feeds only the in&s;truments of the Law, le&s;&s;ens the &s;u&s;tenance and &s;olvenry of the Debtors; aggravates the Creditors Account, leaves him to learn by his incon&s;iderate ra&s;hne&s;s.</P>
<P>There are &s;ome men yet more inveterately tinged with their blood-thir&s;ty and reveng|ful Spirit, then any before &s;poken off, who not content with their full blow at their Deb|tors liberty, and the con&s;umption of their lives: being envious at the lea&s;t &s;upport they
<PB N="22" REF="11">may have in &s;o mi&s;erable an e&s;tate, provide to intercept that al&s;o, by a Statute of <HI>Bank|rupt</HI> again&s;t them; thereby not only damning their pre&s;ent &s;ub&s;i&s;tance, but extending to that which hath no vi&s;ible being, (but may be, in the womb of Providence, and future manife&s;tation:) and hath no better a&s;pect, then a pre&s;umption to affront God Almighty in his goodne&s;s, for the releif or re&s;toration of tho&s;e that are &s;o di&s;tre&s;&s;ed and oppre&s;&s;ed. One of the greate&s;t enemies to mankind, was doubtle&s;s in the contrivance of &s;o great a mi&s;|cheif to the humane Race: for not one in ten that have been pro&s;ecuted, ever an&s;wer|ed the end of the Creditors, and irrevocably ruined the Debtors; This and many the like oppre&s;&s;ions between the Subjects (through ma|ny foul practi&s;ers at Law, Fomenters of their Feuds, and Leeches of their labours, hath been no &s;mall cau&s;e of &s;uch a tempe&s;t of Judg|ments, of late years precipitated upon this Nation. That they have Law to encourage them, is the complaint of the Preacher <HI>Eccle|&s;ia&s;tes</HI> 4.1 <HI>So I returned and con&s;idered all the oppre&s;&s;ions that are done under the Sun: and be|hold, the tears of &s;uch as were oppre&s;&s;ed and they had no Comforter; and on the &s;ide of their Op|pre&s;&s;ors there was power, but they had no Com|forter.</HI></P>
<P>There are &s;ome that boa&s;t them&s;elves in
<PB N="23" REF="11">the &s;ucce&s;s they have had in this fort of Mur|der: they no le&s;s then <HI>Cain,</HI> de&s;erve a mark that all men may know them by, and avoid. Then penalty for Theft, under the Old Law, was not be exacted, if committed meerly to &s;atisfy hunger; and the whole Law is tri|butary and reducible to that of Charity; but the&s;e men (for a &s;mall tre&s;pa&s;s, and where|unto them&s;elves are in &s;ome &s;en&s;e acce&s;&s;ary, there being a reciprocation, between buyer and &s;eller, borrower and lender, and are the mutual cau&s;e of tho&s;e denominations) un|der the countenance of a Law, do greedily &s;trip their Debtors of all manner of &s;u&s;tenance, both for pre&s;ent and in future, flattering them&s;elves like the Whore in the <HI>Proverbs,</HI><NOTE PLACE="marg"><HI>Proverbs.</HI> 7.</NOTE> that they are all the while doing a Sacrafice to Ju&s;tice, when it is only to their own Abo|minable and in&s;atiable Lu&s;ts, and ju&s;tly fall under the de&s;cription of that Text, <HI>Proverbs</HI> 14.12. <HI>There is a way which &s;eemeth right unto a man, but the end thereof if the way of Death.</HI></P>
<P>The &s;everal Statutes which mainly (if not only,) give motion to &s;o barbarous a Pro|ce&s;s of Creditors with their Debtors: are the 13. <HI>Eliza.</HI> 7. the 1. <HI>Jacob.</HI> 15. and 21. <HI>Ja|cob.</HI> 19. which no doubt proceeded then from good intent, to make men Ju&s;t, which all humane Laws can never do, if Ju&s;tice be not fir&s;t written in the heart; no more then the
<PB N="24" REF="12">avenge of Murder by cruel circum&s;tances to Death, can deterr the blood-thir&s;ty from <HI>Homicide;</HI> what then might be thought convenient and rea&s;onable, may be now unprofitable and burthen&s;ome; different ages, produce different intere&s;ts, ways and means of living; what might be reputed cul|pable then, may now, by a different end, be hone&s;t and ju&s;t. And if the con&s;titutive qua|lifications of a <HI>Bankrupt</HI> by tho&s;e Statutes, be well con&s;idered, and compared with the various alteration of Trade, and general oc|currences to mens E&s;tates &s;ince there will be more need for the Abolition or at lea&s;t the mitigation of them, then their continu|ance. As for in&s;tance in that of the 21. <HI>Jac.</HI> 19. there is this Qualification of a <HI>Bankrupt</HI><Q>Or being indebted to any per&s;on or per&s;ons in the &s;umm of 100 <HI>l.</HI> or more, &s;hall not pay, or otherwi&s;e compound for the &s;ame, with|in &s;ix Moneths, next after the &s;ame &s;hall grow due;</Q>) When in my knowledge and experience of Trade, the habit thereof hath been &s;o much altered for &s;ome years before and &s;ince the Dreadful Fire of <HI>London,</HI> that by that qualification, mo&s;t of the Traders in <HI>England,</HI> may be made <HI>Bankrupts,</HI> a cu|&s;tome being introduced, of buying at three or &s;ix moneths, and paying at &s;ix, nine, twelve eighteen Moneths, or more. Be&s;ides, the
<PB N="25" REF="12">exce&s;s of &s;everity in the&s;e Statutes, is very evident, as al&s;o their inequality: other Laws enough, giving the Creditors leave to pur&s;ue and force his Debtor to Pri&s;on: and the&s;e, to cut his throat for being there; too hard to be allowed, that the Creditor &s;hall occa&s;ion the matter of Fact, which &s;hall render his Debtor the more criminal, and then puni&s;h him for it; it is like being Judge and Execu|tioner al&s;o, in his own Cau&s;e. Moreover, if the end of tho&s;e Statutes be deliberated, we &s;hall find the Pro&s;ecutors much abu&s;ing them; the di&s;tingui&s;hing character of a <HI>Bankrupt,</HI> guilty of the Matters then expre&s;t, is, <Q>to the intent or purpo&s;e to defraud or hinder any of his or her Creditors, of the ju&s;t debt or duty of &s;uch Creditors or Creditors, &s;hall be reputed, deemed and taken for a <HI>Bankrupt.</HI></Q> Which implies that others may do the &s;ame Facts, but not to the &s;ame intent or purpo&s;e: el&s;e that &s;upplement of words, would be al|together unnece&s;&s;ary. But without regard to the &s;aid di&s;tinction the Executioners of the&s;e Statutes, make u&s;e of them indifferent|ly upon all per&s;ons within cogni&s;ance of either of the qualifications, to render them a Prey to the gulf of their own particular gain; at once undoing the Debtor, and &s;punging the Creditors malitious excrements. The Scrip|ture, in a more general way, yet applicable enough to this, gives Te&s;timony again&s;t it,
<PB N="26" REF="13">by <HI>Obediah</HI> the Prophet, <HI>ver&s;.</HI> 13. <HI>Thou &s;hould&s;t not have entred into the Gate of my Peo|ple in the day of their calamity; yea thou &s;hould&s;t not have looked on their Affliction in the day of their Calamity; nor have laid hanas on their &s;ub&s;tance in the day of their calamity.</HI> The ma|ny general Calamities that of late years and times have befallen this Nation, may very well Apologize, that the inevitable di&s;ability, not the de&s;igned di&s;hone&s;ty of men, may have rendred them lyable to the la&s;h of tho&s;e Statutes; and &s;o much the more worth the notice of the Great Council of this Na|tion to redre&s;s, in who&s;e power it is.</P>
<P>The Premi&s;es con&s;idered, the Pri&s;oner is in no better capacity then as dead to his Cre|ditor, and in no probability, while &s;o, ever to &s;atisfy him; I would then propound to the Creditor, whether he can be in wor&s;e condi|tion, if he &s;et the Debtor free: in &s;o doing, he will certainly be better, upon the account of charity; and it is po&s;&s;ible, the Debtor by his liberty, may attain to make him plenary &s;atisfaction here; every age abounding with &s;uch examples. Admitting the&s;e have the a&s;pects of two Evils expo&s;ed to a man, mo&s;t prudent men agree, 'tis &s;afe&s;t to choo&s;e the lea&s;t. Waving the innumeration of a cloud of Scriptures, in the Old Te&s;tament, that &s;peak in the commendation and approbation
<PB N="27" REF="13">of mercifulne&s;s and the fruits of it, thus applied in particular; I &s;hall proceed to in&s;tance how &s;uita|ble it is to Chri&s;tianity, and how vigorou&s;ly recom|mended and enjoyned in the Doctrine of Je&s;us Chri&s;t and his Apo&s;tles. Now for our full conviction: that Article in the Lords Prayer, may be mo&s;t proper lead the Van, <HI>viz. Forgive us our Tre&s;pa&s;&s;es, as we forgive them, that tre&s;pa&s;s again&s;t us:</HI> &s;ome Tran|&s;lations have it, <HI>Forgive us our Debts, as we forgive our Debtors:</HI> as in <HI>Matthew</HI> 6.12. reinforcing it, ver&s;es the 14. and 15. <HI>For if ye forgive men their Tre|&s;pa&s;&s;es, your Heavenly Father will al&s;o forgive you. But if you forgive not men their Tre&s;pa&s;&s;es, neither will your Father forgive your tre&s;pa&s;&s;es.</HI> Mo&s;t Theologi&s;ts con&s;ent in this, that men ought to pardon the pe|cuniary Debts of their di&s;abled Debtors. And &s;o far will vindicate the purport of what is pre|mi&s;ed: and without controver&s;y &s;o to remit, is a duty incumbent on all Chri&s;tians, from the precited Texts: with what impudence then, can men, e&s;|pecially &s;uch as would be reputed Chri&s;tians, ask God Almighty remi&s;&s;ion of their own Sins and at the &s;ame time, detain their Debtor in Gaol, ei|ther by &s;uit or Action. The con&s;ideration of the more freedome of acce&s;s to Heaven by petition, hath &s;o far operated upon &s;ome, in a tumultuous Trade in the World, as to occa&s;ion their for|bearance of men, and thereupon con&s;iderable lo&s;&s;es to them&s;elves: but very probably may be remote|ly comprehended in number with tho&s;e that &s;uffer for Chri&s;ts &s;ake, being done in obedience to his Doctrine and Spirit; &s;uch Lo&s;s will certainly be
<PB N="28" REF="14">Crowned with infinite Gain. The wor&s;t Epithite that can be a&s;cribed to a Debt in tre&s;pa&s;s, is injury and wrong to his Neighbor, and the more voluntary it is, the more aggravated and criminal, <HI>viz.</HI> in tho&s;e that can pay and will not; Yet, even to tho&s;e, I find no exceptions provided in our Saviours Pre|cepts of Pardon, but rather the more vehemently urged, as the offence is more provoking; thereby commending to us, the attainment of the be&s;t De|grees of a Chri&s;tian E&s;tate; to this end, tho&s;e Scrip|tures &s;eem directed, <HI>viz. Luke</HI> 6.35, 36, 37, and 38. <HI>But love ye your Enemies, and do good, and lend, hoping for nothing again: and your reward &s;hall be great, and ye &s;hall be the Children of the Highe&s;t: for he is kind unto the unthankful, and to the evil. Be ye therefore merciful, as your Father al&s;o is merciful. For|give, and ye &s;hall be forgiven. Give, and it &s;hall be given unto you. Good mea&s;ure, pre&s;&s;ed down, and &s;ha|ken together, and running over, &s;hall men give into your bo&s;om. For with the &s;ame mea&s;ure that ye meet withal, it &s;haell be mea&s;ured to you again.</HI> The like in <HI>Matthew</HI> the 5.44, 45, ver&s;es and to the end. The more incon&s;i&s;tant this Doctrine &s;eems to mens Tem|poral Intre&s;t: it is with the greater difficulty re|ceived, but is comprehended under &s;elf-denial, wherewith the Chri&s;tian life &s;o much abounds. There is a remarkable Empha&s;is put upon that Cre|ditor mentioned by Our Saviour Chri&s;t. <HI>Luke</HI> 7.41, 42. that had two Debtors, and when they had no pay, he (frankly) forgave both. That in the l8th. <HI>Matthew</HI> ver&s;e 21. unto the end, runs paralel in kind; reproaching him that had received
<PB N="29" REF="14">forgivene&s;s, and afterward u&s;ed violence to his fel|low Servant, for a much more incon&s;iderable mat|ter: and what became of him is obvious, Ver&s;e 34. <HI>And his Lord was wroth, and delivered him to the Tormentors,</HI> &amp;c. The u&s;e of in&s;truction our Sa|viour makes of it, is in Ver&s;e 35. <HI>So likewi&s;e &s;hall my Heavenly Father do al&s;o unto you, if ye from your hearts forgive not everyone his Brother their Tre&s;pa&s;&s;es.</HI> The&s;e Scriptures do plainly pre&s;s and enjoyn us to the exerci&s;e of forbearance, compa&s;&s;ion and for|givene&s;s towards Debtors, without re&s;pect of Per|&s;ons, hone&s;t or di&s;hone&s;t, able or di&s;able, asking it, or not asking it; Much more doubtle&s;s, do they operate to tho&s;e that would be Ju&s;t, but are di&s;a|bled, and become Petitioners for it, and who&s;e condition indeed may &s;carcely merit the In&s;cription of a tre&s;pa&s;s upon it. St. <HI>Paul</HI> is very po&s;itive and particular in his reproof of litigiou&s;ne&s;s, 1 <HI>Cor.</HI> 6.7. Now therefore there is utterly a fault among you, becau&s;e ye go to Law one with another, why do ye not rather take wrong? why do you not rather &s;uffer your &s;elves to be defrauded? as if he were equally &s;en&s;ible of the Havock they would make of their worldly Intere&s;t, in their going to Law: as the violation of Divine Precepts would in their eternal. It is enough notorious that Clyents do meerly main|tain and enrich their various Agents at Law, be|&s;ides the &s;everal officers appending the Courts of Judicature; all which exci&s;e a cau&s;e equivalently to the matter in controver&s;y, called by them the merit of the Cau&s;e; &s;o that the Clyents like a cri|minal Souldier, may only be &s;aid to be run the Gante|lope
<PB N="30" REF="15">among&s;t them: I mean the di&s;hone&s;t and un|faithful practi&s;ers and agents in the Law. Without excep ion, the Laws given to the <HI>Hebrews,</HI> were Free and full enough for the di&s;tribution and &s;upport of Property: but the <HI>Labyrinth</HI> &s;ince erected by men upon them, &s;avours more of Arrogance, as if God the fountain of Wi&s;dom, were deficient in his Laws, Government or bridle upon the evil nature, and need|ed mens &s;upplements (a tincture of the lap&s;ed An|gels, that would pretend to mend the ways and Councel of God) then any zeal, goodne&s;s or Piety to the Creation.</P>
<P>Let us leave off therefore our Cruelty, Oppre&s;&s;ion, Violence, Covetou&s;ne&s;s and Revenge one towards another, and follow the advice given us by Holy men, and Je&s;us Chri&s;t him&s;elf.</P>
<P>The Preacher in <HI>Eccle&s;ia&s;tes</HI> the 11.1, and 2. <HI>ver&s;es;</HI> Ca&s;t thy bread upon the waters, for thou &s;halt find it after many days. Give a Portion to &s;even, and al&s;o to eight; for thou knowe&s;t not what evil &s;hall be upon the Earth; making that an argu|ment for improving the pre&s;ent time to do good in, and to di&s;tribute: namely, the revolution of time and providence, that doth remove extreams to one and the &s;ame Subject; making him poor and needy, that was wealthy and did abound, and &s;o, <HI>&egrave; con|tra:</HI> the greater rea&s;on,<NOTE PLACE="marg"><HI>Galat.</HI> 6.10</NOTE> we &s;hould do good with it, whil&s;t it may be called Ours.</P>
<P>Let us avoid al&s;o that character, which is given them who &s;hew no favour: <HI>Proverbs.</HI> 2.10. The &s;oul of the wicked de&s;ireth evil: his neighbour find|eth no favour in his eyes. And <HI>Proverbs</HI> 22.22,
<PB N="34" REF="15">and 23 <HI>ver&s;es.</HI> Rob not the poor becau&s;e they are poor: neither oppre&s;s the afflicted in the Gate: for the Lord will plead their cau&s;e, and &s;poile the &s;oul of tho&s;e that &s;poiled them. It is a u&s;ual thing for many to fall upon a man already in Pri&s;on; which I believe is reprehended in the foregoing Text: Nei|ther oppre&s;s the afflicted in the Gate: that is &s;uch upon whom the Law hath already pa&s;&s;ed; the &s;eat of Judicature, being often in Scripture repre&s;ented under the denomination of the Gate. <HI>Prov.</HI> 21.13. Who&s;o &s;topeth his Ears at the cry of the Poor, he al&s;o &s;hall cry him&s;elf, but &s;hall not be heard. <HI>Prov.</HI> 19.17. He that hath pitty upon the Poor, lendeth unto the Lord: and look what he layeth out, it &s;hall be pay'd him again. Let us al&s;o e&s;cape the Judgement that is denounced again&s;t the mercile&s;s. <HI>James</HI> 2.13. For he &s;hall have Judgement without mercy, that hath &s;hewed no mercy <HI>&amp;c.</HI> Now that I may not &s;eem partial in my di&s;cour&s;e, only to de|mon&s;trate the Creditor his duty; I &s;hall indeavour al&s;o to leave the Debtor inexcu&s;able, and &s;hew him his duty, which is incumbent upon him, by the Mo|ral and Divine Laws: as that upon the Creditor.</P>
<P>Let not the Debtor think ever a whit the better of him&s;elf, by what is fore&s;poken to the Creditor: for he is no le&s;s guilty of the breach of divine Laws, and contempt of the like admonitions: if he fail in one title of Ju&s;tice, that is within his power or contri|vance to performe; Therefore the 8th. Command|ment &s;aith, <HI>Thou &s;halt not &s;teal,</HI> and thereunder Col|lects all the divers ways and modes of inju&s;tice, whereby a man may prejudi&s;e or le&s;&s;en the e&s;tate of
<PB N="32" REF="16">his neighbor, or therewith benefit him&s;elf. This exceedingly digre&s;&s;eth from that Royal rule, <HI>Matthew</HI> 7.12. Therefore all things what&s;oever ye would that men &s;hould do to you, do ye even &s;o to them: for this is the Law and the Prophets.</P>
<P>The Debtor ought to deal with his Creditor, as him&s;elf would be dealt with, if he were a Cre|ditor? and men are to behave them&s;elves towards others, no otherwi&s;e, then &s;uppo&s;ing them&s;elves to be the &s;ubject of their own Actions: It this Rule were ob&s;erved, there would be but little cruelty, tearing or devouring one another: and as little in|ju&s;tice to provoke it. <HI>Solomon</HI> in <HI>Proverbs</HI> 3.27, 28. giveth &s;uitable Advice: Withhold not good from them to whom it is due, when it is in the power of thine hand to do it. Say not unto thy neighbor, go, and come again, and to morrow I will give, when thou ha&s;t it by thee. This councel complicates the mutual duty of Creditor and Debtor: and if men did not idolize the things of this world, they would never exchange their birth-right to virtue and eternal Happine&s;s; for the pottage of this life. Let the Debtor therefore, con&s;ider the hazard that he runs, to deceive or injure his Creditor: it is at the lea&s;t a great Ecclip&s;e (if not total extinction,) of his Por|tion in everla&s;ting Glory, if not timely repented of, and re&s;titution made, if within his power: the di|vine Law being as a devouring fire, that cea&s;eth not, untill the &s;in be con&s;umed; The Story of <HI>Zacheus, Luke</HI> 19.8. is very exemplary herein, <HI>viz. Zacheus</HI> &s;tood forth, and &s;aid unto the Lord, behold Lord! the half of my goods I give to the Poor, and if I
<PB N="33" REF="16">have done any wrong to any man, I re&s;tore four|fold. St. <HI>Paul Corinth.</HI> 1.6.8, and 9. <HI>ver&s;es,</HI> is very expre&s;s in his reproof herein, urging the ill con|&s;equence thereof, <HI>viz.</HI> Nay, you do wrong and de|fraud, and that your Brethren, Know you not that the unrighteous &s;hall not inherit the Kingdom of God, <HI>&amp;c.</HI> It is an Argument of the greate&s;t force, to di&s;wade men from doing inju&s;tice, when the inheri|tance of the Kingdom of God is forfeited thereby; although it &s;hould produce never &s;o great gain here, yet our Saviour &s;aith, <HI>Matthew</HI> 16.26. <HI>For what is a man profitted, if he &s;hall gain the whole World, and lo&s;e his own Soul?</HI> Farthermore, it &s;avoureth greatly of In|gratitude, which is hardly pardonable with men: for a man to requite any tru&s;t with infidelity; it invades humane Society, and is attended with numerous aggravations, whereby to render it odious and abo|minable.</P>
<P>Finally I &s;hall conclude with impartial Advice, both to Creditor and Debtor: Let not the fir&s;t flat|ter them&s;elves that all is well, when they have u&s;ed their will upon their Debtors, according to the &s;cope that humane Laws give them; and have pay'd them&s;elves, perhaps with the ruin of their Debtors, or without; it is much alike in Scriptural con&s;idera|tion, they have attained it uncharitably, unmerci|fully, and violently, and are re&s;pon&s;ible for it unto God Almighty: and may perad venture go wilfully ignorant to Hell, with &s;uch a Crime unrepented of.</P>
<P>There is no Creditor, but in his pro&s;ecution, is hurried therein by &s;ome devilli&s;h lu&s;t or other, as Covetou&s;ne&s;s, Extortion, Pride or Envy, and &s;uch
<PB N="31" REF="17" MS="y">&s;hall not inherit the Kingdom of God: 1 <HI>Cor.</HI> 6.10. Neither let the Debtor think him&s;elf &s;ecure, if he can do inju&s;tice or defraud his Creditor undi&s;cove|red: or abu&s;e his patience, or forbearance exerci|&s;ed towards him, in &s;en&s;e of his duty required by God; for without Repentance and &s;atisfaction, he &s;hall not e&s;cape the Judgment of God.</P>
<P>Let us all therefore con&s;ider our wayes, in either of the &s;aid capacities, as Creditor or Debtor, or both: that we are accomptable to the Laws of Heaven, for our good or ill behaviour therein one to|wards another, as mo&s;t certainly comprehended in his Commandements; And we &s;hall incline our &s;elves more to follow the Apo&s;tles advice, to &s;tudy and follow peace with all men, and per&s;wade there|unto, &s;o we &s;hall be entituled to that ble&s;&s;edne&s;s, pronounced by Chri&s;t, <HI>Mat.</HI> 5.9. <HI>Ble&s;&s;ed are the Peace-makers, for they &s;hall be called the Children of God.</HI> Neither &s;hall our livelyhoods be any longer a prey to tho&s;e that have &s;old them&s;elves to this World, and live by mens litigious Conte&s;ts.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
