THE PRACTICE OF THE BANKRUPTS OF THESE TIMES: In whom are considered, 1 Their fraudulent and deceitful actions. 2 The evils accompanying their courses. 3 Laws and Punishments ordained to curb them. 4 The charitable cure of so great an evil. A work now very necessary. Written in Latin by Mr Daniel Sauterius, and made to speak English for the general good of all Commerce. LONDON, Printed by John Norton, for William Garret. Anno M.DC.XL. TO ALL THE HONOURABLE AND WORSHIPFUL: And all other of what degree soever, who have occasion to deal in any passages between Creditors and Debtors, the Translator wisheth all happiness. Honourable and Wor ll. I am not so perversely minded, as not to discern, nor so ingrateful as not to acknowledge Gods great goodness to our Nation in granting and bestowing on us, as all things needful for our bodies, so also plentiful and necessary instructions for our souls. 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 promptness in matters concerning men's temporal estates, the knowledge of God's sacred Book, and heavenly skill: as for the Salvation of their own souls, so also for keeping others from unjust courses prejudicing their eternal 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 faithful and just dealing between man and man: without which two, props the Commonwealth may desire, but will hardly find true safety. So that their endeavour is highly to be commended, who employ their thoughts and pains in upholding the same. Subtle heads may devise, and worldly policy may forge many shifts; but justice armed with insight into divine and humane laws, will never, or not easily be deluded. Go on therefore with noble and undaunted resolutions, show yourselves still and ever men fearing God, and hating Covetousness. By rooting out of the vice in this Book treated of, take away the blemish of Merchandise, the subverter of fair and just dealing, the bane of Widows, and Orphans and many others, the underminer of justice, the stain of Christian profession. So being faithful in discharge of your places for a short time here, God of his mercy and goodness will advance you to a place of endless bliss hereafter. To the most Noble, High and Prudent Counsellors of State in Holland. ANcient writers to ennoble the force of Music, have recorded, that it hath cured divers infirmities both of body and mind. How fare their relations may be credited may not without cause be questioned. But 'tis undoubtedly true, that the diseases of men's minds have been and are often cured by pious reproofs, seasonable admonitions, faithful 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 fraught with medecines of this nature, by which the depravations of humane frailty may be corrected, and men be persuaded (which God often inculcateth) to eschew evil, and do good. Having well weighed this with myself: I resolved among other Ecclesiastical performances of my calling, to attempt the cure of a most dangerous and pernicious sore among tradesmen: who by crafty devices and ungodly courses become Bankrupts 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 practices of delinquents in this kind, because God of his especial favour hath given us plentiful knowledge, and divine directions most clear, to keep us in the ways of God, and in honest, faithful, gracious, and Christian dealing. Further, when I saw and considered the ill consequents of Bankrupts naughty practices; I judged them more hurtful and mischievous, than their diseases who are affected and afflicted with corporal maladies of what kind soever; for bodily diseases especially grieve the outward man of the party diseased, & often conduce to the safety of the soul▪ Whereas the evils accompanying Bankrupts proceed, cause much detriment and harm to all such as deal with them, and cast the Bankrupts headlong into many sins prejudicial to their souls. Thence it is that often ye shall find Bankrupts deaf to good counsel, lame and not able to tread in the paths of equity; blind, and not willing to see what belongeth to fair dealing. Men distracted, and such as be infected with the plague, are shut up in close places from doing mischief: But bankrupts frequent Markets and places of Commerce, and by crafty & cunning carriage wrong full many. Obstructions in the veins may breed some diseases in men's bodies; but the intentions and deal of these crafty deceivers cause obstructions and stoppage to all faithful dealing & trading. Wherefore I have in brief, 1. Laid open the diseases of Bankrupts. 2. Shown the vices incident to them. 3. Declared what laws have been enacted to prevent their evil deal. 4. Unfolded the remedies necessary for the cure thereof. And in each part of my discourse intermingled pious and wholesome 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 malign and reproach it. I am one among the rest of God's watchmen, Exek. 3.17. etc. and seeing so manifest a mischief bred, growing up, and increasing, might not in any wise hold my peace. May it please you to accept of, and take into your patronage a work so necessary for the Credit and quietness 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 managing of the charge committed to you, I rest Your Highness in all Christian observance to be commanded, Daniel Sauterius. Mart. 20. 1615. The Translator to the Christian Reader. I Wish from my heart (gentle Reader) that this Book useful (as it seemeth) in other Countries, had been needless in ours. So might I have spared my labour in translating it, and you better have employed your time than in reading it. But such is the frequency and obliquity of Bankrupt courses at this day with us, that it was thought necessary to fetch these Antidotes and Medicines for the same from our neighbour's Country. And I knew not where better to find 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 wellminded peruser hereof can choose but be bettered by it in his judgement, as, for the producing in his heart an hatred of this vice: so, for discerning the crafty wiles & tricks of them, who will lay Harpies claws on what they can catch, and part from nothing which possibly they can hold. It cannot otherwise be, but that some persons at sight hereof will fret in their hearts, bend their brows, and sour their speeches. I wish them a better temper, and more calm affections, & such a demeanour towards them, who mind their good, as may clearly testify good ground of hope for their amendment. Mr Daniel Sauterius the religious and learned Author hereof, being a worthy and faithful Watchman of God, hath given warning of the evil in the world, which he saw to grow too rife and increase exceeding much; Ezek. 3.17.18. He hath admonished the wicked of his wicked way, and done what God his Master enjoined him: It remaineth also that men do their parts, Ezek. 18.21. etc. And turn out of their evil ways, that they may live. If there be any who notwithstanding will run headlong on in their own courses and fraudulent practices, to them I say; Go too now ye false and deceitful dealers: rejoice in your advantages subtlily got, whilst they which lose by you, weep: Cloth yourselves bravely, feed daintily, look high, whilst your Creditors go with dejected Countenances, be barely clad or naked, and want necessary food: Abound you in all jollity und earthly pleasure, whilst others groan under the burden of sad miseries, into which you have cast them: But remember that for all these things God will bring you to Judgement. 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 practices here spoken of, not to deceive us in our hopes, lest they deceive themselves of their future comfort. More I shall not need to say, because the religious Author hath very well opened his mind concerning this Treatise, and I have briefly comprised it in the Epistle precedent. THE PRACTICE OF THE BANKRUPTS OF THESE TIMES. The first Part, Declaring their deceitful actions. HEathen writers of Old exclaimed, O the Times! A complaint of the corruption of the times. O the courses of men! O their wickedness! For they saw an infinite and intolerable licentiousness reigning; they a Plin. Epist. 2.14. saw the bars of shame, and bashfulness broken up, and audacious men daring to do any thing, and running into extremity of sin without measure or restraint. straint. They observed b Juvenal. sat. 13. that there could be no bounds or limits set to men's sinning, where an ingenuous blush was quite banished from their hardened foreheads. They saw the market place full of buyers and sellers, and plenty of Commerce, but saw likewise vices as frequent, as men. They beheld c Senec. of Auger. B. 2. one man supplanting another; scarce any man gaining but by another's loss, and some others for a little pleasure or profit, not caring whom they ruinated; Then appeared also more ways to sin than means to restrain iniquity, and men striving daily, who should outvie each other in mischief. Then proneness to sin increased, shamefacedness decreased: So that due respect to Authority and Justice being expelled, unbridled desires rushed which way they lusted; Innocence was rare, Vice frequent, and sought not secrecy, but was so rooted in men's hearts that it feared not public view. These of old were the Heathens Complaints; and have not the streams of vice from former times flowed down to us; and all later times made good, what our Saviour foretold of the days after him? Because d Mat. 24.12. Iniquity shall be multiplied, the Charity of many shall wax cold. Even now we see, as it were a Trumpet sounded to make a general Concurrence of all men for the confounding of right and wrong. Now are benefits e Senec. B. ● of Benef. requited with mischief, and men spare not to shed their blood for whose sake they ought to venture their own. In a word this was our Ancestors complaint, this is ours; That f Id. B. 1. of Ben. virtue is subverted, that vice reigneth, that all things grow worse among men, and that the reins are let lose to all impiety. That I may not seem to be the Author of the World's defamation without just cause, That matters grow worse and worse is proved by ou● Bankrupts. 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 now a As Lactant. of old B. 7. & 15. of Diu. reward. Justice is rare; impiety, injury, covetousness common; good men become a prey to the bad. There is no faithful dealing, no peace, no humanity, no shame, no truth; b Sallust. craft and subtle dealing is more prized than faithfulness. This is most true in the general Courses of men. But especially among Bankrupts; so that to defraud others, and leave trading, is no more disgrace, than to go from a Winter house to a Summer house in May. As c Plaut. in Pers. easily do some shift of their Creditors, as a wheel in a swift race turneth round. What else is cause of these and the like evils, than a Corrupt Judgement of things? As namely, that d Prosperum ac felix scelus vir●us vocatur. Senec. Trag. success in ill and fraudulent dealing maketh it counted a virtue. Because their Craft prospereth, even the success maketh a perverted Judgement to think their sin warrantable; so that away they pass without punishment. Then c Senec. B. 3. c. 10. of Benefic. also the multitude of offenders taketh away the shame of the offence, and the Commonness of the ill report maketh it cease to be counted a disgrace. So that hereby it f Dio. in Nerv. cometh to pass, that we live in an age in which, I say not, a man may do nothing, but in which a man may do any thing. For now bad men become worse by their good success, and please and delight themselves, that the designs of their knavery g Salvian. of God's government. B 1. have a prosperous issue; such are our times, our Courses, our naughtiness. Concerning Bankrupts there are (for a Tull. de orat. a right distinction of things beautifieth speech, Of two sorts of Bankrupts and preventeth objections) several kinds. The first is of them, who by casualties have their substance wasted: The b Benven. in his Treatise o● Bankrupts. second sort are they, who by their own default are impoverished: These last are the worst sort of men and deserve no pity. Of them I intent to speak in due order. So that my speech shall aim at no particular man, but make an inquiry of the vice in general. Whosoever therefore (as in like case St jerom saith) shall be offended therewith, even confesseth himself in particular to be the man, who in general is spoken of. And first I will speak of Bankrupts become so by Casualties. Of Bankrupts become so by Casualties. The Lawyers say well; out a Sancinus de paen c. 1. de injur. lib. 6. of a hatred to to the Guilty, to lay blame on the Guiltless, is contrary to natural equity. And 'tis thought altogether inhuman, that a Bankrupt should be punished, whose goods have been wasted by certain and evident casualties. Wherefore we cannot well lay the blame of his failing upon himself, if it be made manifest, that he lost not his goods by his own default. Now breaking of men's estates may befall, first by casualties at Sea: when b Horat. the Merchant by restless pains (desiring to fly poverty) sayleth to the Indies, and miscarrying by storms in his voyage becometh poor. We c Tacitus ann. all know that nothing subjects a man more to casualties, than the Sea; and that d Senec ep, 36. a Merchant needeth prosperous failing, who shall stand to his engagements: which if he find not, he must needs be impoverished, cannot pay his debts, and is compelled to leave the Exchange. 2. They c Benven. Treat. of Bankrupts. may be overthrown by casualties, who fall into Pirate's hands: for Pirates f L. 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 pass them. And g Chrysost. ●om. 4. on Gen. 1. thereby often the Merchant becometh insolvent, and departeth his Country. Lastly, some men without their own default, lose their estates by being fraudulently dealt withal by others: So h 2 K. 4. Jo●eph. antiq. ● 3. it befell the Prophet's wife left in debt by her husband, not by her own, but by another's default; in this manner it may come to pass, that an honest man may suffer through another man's failing & naughtiness. To become bankrupt absolutely by another man's default, is not liable to infamy: and i Alex. of Alex. B. 5. 〈◊〉. 2. therefore question need not be made concerning his corporal punishment. Hence, Otho made a law, that men impoverished by Shipwreck, not by their own negligence or wastfulnesse, should stand in an appointed public place, that all men might see them, and out of true compassion relieve them. But whosoever spent themselves by riotousness and ill courses, should be quite excluded and denied that benefit. Now further consider we, what men undone by casualties are to do. When crosses able to break men's estates do befall them and much trouble them, they ought not to fret and grieve, What men undone by casualties ought to do. but possess their souls in patience. For a Cicer. sam. ep. 8. than is adversity patiently to be undergone, when a man is not cause thereof. Well said Cicero, common b Idem. fam. epist 5. and uncertain casualties which providence could not avoid, are wisely to be suffered; Impatience lesseneth not, but aggravateth griefs; whereas moderation c Plant. in Rudent. of mind is like good sauce, and sweeteneth adversity. Let them therefore that are exercised with crosses, take unto themselves a patiented prudence, and learn to mollify hardship befalling them, with the skill of right learning adversity. And let them think, that this e Sense. ep. 103. is one Haven of a sea-tossed & troubled estate, to contemn 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 frailty, to which men in this life are borne. Let them with patience undergo the casualties, which by any Council, Prudence, and Providence they could not avoid, and remembering the crosses, which have befallen others, think with themselves, that no strange, or uncouth, or unusual matter hath befallen and light upon them. Let them f Job 1.21. etc. 10. take Job for a pattern of singular patience in manifold miseries: So also Abraham a man conspicuous both for crosses, and happy success. With what evenness of carriage, with what resolution, did both these bear their troubles? In this manner all may be happy, who have learned by the course of human life well and humbly to bear misery, 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, yea layeth them on some: Not g Arrianus to Epict. 1.12. out of a desire to plague them, or to hurt them, but like a good Physician, Tutor and Father, to do them especial good. For we h Rom. 8.28. know, that all things work together for good to them, that love God. Affliction i Rom. 5.34. brings forth patience, patience experience, experience hope, and hope maketh not ashamed. If you desire the furtherance of your own Salvation: Hear what the Apostle saith, k 1 Cor. 11.31. We are judged and chastised of the Lord, that we should not be condemned with the wicked world. Doth your faith languish? Crosses assault you, that it may be roused up: God l Aug. in ps. 93. is good to you; for if he did not mix some bitterness amidst the happiness of this world, we should forget him. But by his raising storms in men's minds, by vexations and crosses he wakens faith, which before lay asleep. Wherefore God by m Senec. 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 happiness, whom a lazy restinesse possesseth, as in a becalmed Sea. Let us then think it best with patience to bear, what God pleaseth to lay upon us: He ruleth as King, we must obey: Neither shall we ever be well prepared for crosses, unless 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 cross on me for my good: He knew what was best for me. Our minds being thus composed, will moderately and thankfully entertain happiness, and resolutely and constantly bear adversity. Further to comfort the former sort of Bankrupts, Of the second sort of Bankrupts, who fall by their own default. shall not here be requisite; because our intent is not to treat of them: Come we to the second kind of Bankrupts who are a Benvent in his Treatise of Bankrupts. impoverished by their own default, and are indeed the worst sort of men, worthy of no commiseration; for their i'll carriage maketh them uncapable of pity. Hence first anciently they were counted contemptible and infamous. This we see by Crassus called the Rich b Val. Max. B. 11. : His poverty in the end put on him the name of Bankrupt; for his goods (because he could not make payment to his Creditors) were sold and himself walking, as a beggar, saluted with the bitter gear; Behold rich Crassus. Secondly, they were forbidden commerce. The 12 Roman tables say thus: Because c Jul. Paulus sentent. 13.6. you lavish out your estates, we therefore forbidden you the use of money and Commerce. Thirdly, they were adjudged unworthy of the name of Tradesmen: for he that trade's d Baldus 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 men's money, and in e Benvent. in Treat. of Bankrupts. Latin are called Decoctores; which word cometh from decoquo to boil away; for as fire by little and little boileth away the substance of any liquor: so these Bankrupts by degrees waste and diminish their estate. Fifthly, in Tuscany f Boerius b. 7. Divis. 215. and all Italy, they are called Banccafalliti, and in divers other Country's Bankrupts, because they fail, break, and appear not at the bank, table, or counting board, where they should pay their debts. Of these let us speak in order, for (as Cicero) 'tis not enough to find out and declare any thing: the main matter is judiciously and orderly to entreat thereof. Concerning this sort of Bankrupts first we will unfold their deceits in getting other men's 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 fail their Creditors. Humane corruption a Plaut. in Rud. hath devised many tricks and snares to deceive the unwary. Of Bankrupts crafty courses to get money into their possession. Fowler's houses are not more full of engines to catch birds, and fill their cages; than Bankrupts heads are full of plots to store their warehouses b Aristophan. ; Nor herein only do they deal craftily, but also dishonestly, and knavishly. Gaine is the mark they aim at; which if c Lactant. B. 1. of true worship. they cannot attain by their lawful trading, a false finger must do the deed; they will cheat, steal, spoil, circumvent, forswear, stick at nothing; so that they may glitter in brave apparel, rings, pearls, and make a gallant show with their silver and gold, and satisfy their greedy desires with other men's wealth. Their first trick is pretending themselves to be rich; for d Proverb. 15. there is (saith Solomon) one that maketh himself rich, when indeed he hath nothing: These Bankrupts will make a show as if they were Magnifico●s, brave and accomplished Merchants and Traders, both by their words and courses, though they be of mean estate. Secondly, they conceit that brave apparel, orient Pearls, gold Chains, and the like gallantry will easily beguile the common people, who judge e Cicer. Orar. pro Rose. much from a light opinion, little from real truth. Whence the report of their wealth shall be so blasoned, that there can be no better birdlime for their bush. Admonish f Bernard B. 4. ad Eugen. them of carrying a lower sail; Tush say they, I scorn it: It becometh me not: 'tis not suitable for the time, this lofty carriage is for my good. Thirdly, to gain the people's applause, they build stately houses, astonishing the beholders with their strange Architecture the ready way (saith Livy) to make rich men run much into other men's debts: So that 'tis a vanity of fools and mad men, to gain popular applause, and to make a nine days wonder for to get an opinion of their worth in men's minds, which soon fadeth, dyeth and deceiveth them. For what g Lactant. B. of true worship 11. is it to pretend large possessions, and to be much engaged for them? to have brave houses, but built with other men's 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 instead of summa totalis. The tongues of Bankrupts drop h Plaut. in Trucul. milk and honey, when their hearts are fraight with Gall and Vinegar. They sweeten i Lucret. B. 1. the lip of the cup with sweet juice, when the potion is wormwood; and gild the pill and cover the distasteful Aloes, not to do good, as loving Mothers and skilful Physicians are wont, but to wipe k Plaut in Pers. men of their money with a few fair words, and closely and covertly to purloin other men's estates. Many more are the tricks and shifts of these deceivers: So that had I Centum linguas, oraque centum, an hundred mouths and tongues, yet could I: not rehearse the names of their tricks and legerdemain, much less fully decipher them; What Bankrupts do, having got money into their clutches. Let us further proceed to open them as well we may. When once Bankrupts have pursed the Coin, not long after there is little hope of making payment; their hands are lime-twigs, what once a Manus arripidae nunquam postea cripidae Plaut in Pers. they lay hold on, they never let go. If you demand, what is due, and require restitution of the money lent. 1. They have in their mouths Antigonus b Plutarch in the life of Aemil. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his large promises; but as Chares the Athenian they will pay nothing. 2. If you urge and press them to satisfy at the time d Eccles. 29 4. appointed, they desire forbearance a while, they feign excuses, plead hardness of the times. 3. If more and more you be instant with them; Then they e Teren in Andria. who could not at first deny payment, now when the time of performance is come, they must needs show themselves and deny it; and then most impudently they say; what are you? what would you have me do? will you beggar me and mine? I love you, but I must love myself better. But ask them; Is this your performance, is this your fidelity? they are not a shamed at all. At the borrowing where they should be bashful and timorous, lest they should not be able to pay, shame was fare from them: Now when they should pay, they fear, they blush, hid themselves, which they should not do: 4. If you threaten to bring them before the Judge, they embitter and sour their speech, countenance and gesture towards you, and with opprobrious and disgraceful words revile you. The f Plaut in Cap. greatest part of men are of this temper. They are kind and good till they obtain their desire; when they have obtained what they would, then become they stark nought and extreme fraudulent. These (as Siracides g Eccles 29.5. saith) till they receive what they desire, kiss their neighbour's hand, and humble their voice, and at last pay him with cursing and rebuke, and give him evil words for his good deeds: h 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 evil kind of men are these! may you not well affirm that there is less danger in a storm in the Irish Sea, than to deal with them? Let us see how they bring themselves into these evils. 'tis no wonder that these Bankrupts have no fidelity, The courses of Bankrupts for spending their own and other men's estates. nor care of restitution; for they observe no mean, no stint in spending, many ways they lavish out their estate. First, by prodigal and foolish largesse, not out a Cicero. offic. 1. of a bountiful nature, but vain glory, and to expend more than their estare will be are, as Agrippn b Joseph. antiqu. 18.8. Herod the greats Nephew, beggering himself thereby. Or secondly, these Bankrupts spend all in riotous and excessive cheer, as the Eroliant c Polyb. 13. who plunged themselves into debt by their delicious fare. or Thirdly, at gaming houses take a compendious way to lose all, imitating Claudius' Casor, who d Sueton. was a most studious gamester, & wrote a book of the Art of gaming. Or fourthly, as Pericles e Plutare. in Pericl. the Athenian, by can grificent building which either shall have a short or no continuance whereon to create their memory: This f Lactant. B. or true worship 6.11. also is a ready vain of needless expense to squander away the patrimony of light-heads. Or fifthly, they consume their goods by giving themselves up to luxurious g Florus 3.12. preparation of magnificent banquets; which sumptuous mother will ere long bring forth poverty a bare and needy daughter: for hereby may be exhauted h Tacit. B 2. a Prince's treasure: hereby the Boetians i Polyb. B. 10. after the Leviruh battle consumed their wealth, and proved befo●● 〈◊〉 unkards. In Tully's time there were found some, who k 2. ag. Catil. spent all their industry and whole life in nightly revels: And after his day's there arose others, who by l Benvent in Treat. of Bankrupts. sumptuous banquets and gluttony lost both wit and wealth together. Such are still living, and are the wasteful brood and successors of those riotous and spendall Progenitors and predecessors. From these causes have issued such abundance of insolvent debtors. The purpose of Bankrupts to run their Countries or conceal themselves from their Creditors. We see also many now adays as deeply engaged as the Roman Knight, a Macrob. sat. B. a. ch. 4. to walk up and down idle and heartless, and not unlike to Annius b Plin. B. 36. ch. 5. Milo, who did owe 700 Sesterces, and by Pliny is censured, as a Prodigy among men: Or as C. Curio c Val. Max. , who was engaged for 600 Sesterces: Such men conceit it their only course with C. Galba d Sueton. the brother of Sergius the Emperor, as they have run out of their estates, so to run out of their countries. We need not seek far for domestic examples equalling the worst of these, and never minding to pay their debts whilst they live, and therefore to their great ignominy and disgrace, dishonestly do they purpose to fly their native country, or play least in sight and mew themselves up from their Creditors aspect: And so to lie close for a time, till compact can be made with their Creditors, to take part for their whole debt. e Mincing Inst. 4.6. So that they may be justly called, not only Forifugae Runagates from the market, but Lucifugae Runagates from the sight of men, and are termed by Ulpian f Pandect. 21. night birds and bats: who in respect of their engagements in the day lurk unseen at home, and lest they should be caught by their Creditors, scout forth in the night. I cannot but mourn for their naughtiness, because it little moveth themselves. Oh their blindness justly to be bewailed! For who is g August. more miserable than a miserable man, who is unsensible of his own misery? Charity saith Bernard, moveth me h Bernard. Epist 2. to grieve for them, who being in a grievous estate, grieve not for themselves; yea it maketh me the rather to pity them, because when their case is pitiful, they persuade not themselves in how pitiful 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 PRACTICE OF THE BANKRUPTS OF THESE TIMES. The second Part, Showing the Evils incident to Bankrupts. Many evils proceed from the fraudulent dealing of bankrupts. BUt what? me thinks I hear the Bankrupt within himself say: The rude rabble of the people geere and hiss at me, but I applaud myself at home when I view the bags in my chest; a As Horacea sat. 1. Serm. 1. what need I care, what my Neighbours chat: when as I know, how by other men's miseries and grief to get a goodly and rich prey for myself? Away with this impudent speech. Heathen Tully could b Book 3. of offic. censure it for a crime of wicked men, that any thing should seem 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 own perdition. Now that we may recall and withdraw Bankrupts, who are deepest in this bad opinion, from their ill courses: Let us consider the multitude, confluence, and sink of evils issuing from their enormous courses. Yea there is an Ocean of them; may you please with me compendiously to sail through them. The first evil of Bankrupts. They disturb the Commonwealth. Many things there be troublous to Commonwealths, pernicious to Cities and Kingdoms; but nothing worse than the courses of fraudulent wasters of their estates. For as the Sea is calm of its own nature, but made dangerous by violent winds: So a state quiet in itself, is made subject to most violent tempests by the actions of fraudulent dealers. For they preferring their own gain before the public good, disquiet and disturb the commonwealth. This is evident. First, because fidelity in performance of Covenants and Promises is one main foundation of a well ordered Commonwealth. Nothing saith a Offic. 2. Tully doth more keep a State in due course, than fidelity in dealing, which is utterly taken away if there be not a faithful and true payment made to Creditors. If Bankrupts the Arch-builders of fraud, utterly subvert and take this away, as indeed they do, who doubteth b Bodin of the Com. W. B. 5. but that the Commonwealth, unless prevention be in time used, will shortly be ruinated? Secondly, by Bankrupts courses, Trading which c Cicer. offic. 1. was invented for the maintenance of the life of man, is quite overthrown: yea commerce and dealing of man with man is the bond and prop of Cities and Kingdoms: If then Bankrupts weaken or violate performance of fidelity, which to do saith Aristotle d Rhet. to Theod. 1.15. overthroweth all use of trading among men: The Commonwealth cannot flourish, but become a body without a soul. Thirdly, often seditions and & discords arise upon Bankrupts cheating their Creditors of their estates, or Compounding with them for the third or fourth part. Tully e 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 f Caelius Antiq. 12.10. saith, that the benefit of new Compounding is most pernicious to a Commonwealth. And surely no less mischief cometh to a City by giving liberty to Bankrupts to abide insolvent; for hereby a greater occasion g Bodin. 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, unless speedily a remedy be applied to prevent this mischief spreading in the bowels of the Commonwealth; lest h Por. Lat●. in Catil. as a flame at length it so prevail, that it lay hold on all (which God Almighty prevent) and we in vain go about to quench the furious and exorbitant flames thereof. The second evil of Bankrupts, is perjury. In the Actions of Bankrupts, perjury hath its place: If a Salvian. B. 3. of God's government. fraud and perjury be incident to the courses of ill trading, much more to the courses of Bankrupts by whom no course is b Sophocl. counted ill, which may make for their gain: Thence go they on to the Carthaginian c Cic. B. 1. of the Punic. W. perfidiousness, and observe no true, no holy dealing, and so familiarly d Plaut. Bragg. sold. use false speech, false deeds, false swearing, and play fast and lose at pleasure: 'Tis agreed, 'tis not agreed; 'Tis not agreed, 'tis agreed; And f Alex. of Alex. B. 5. C. 10. think they may deceive men with false oaths, as Children with Toys: When they borrow they Covenant, plight their troth, make mutual promise of performance, do it under their own hand writing, have witnesses subscribed thereunto. But what of all this? They g Aristoph. (as Eucrates) have a way and trick to frustrate all this; they can ever find a starting hole, a sleight to avoid all, and neglect all fidelity. First, Put them in mind of their promise, press them to fidelity. They stick not to say by their practice, if faithful dealing h Sueton▪ be to be violated, it is to be done (not as Caesar said for a Kingdom, but for a less matter) for money. In other occasions be pious. Yea they are like lustful lovers, who i Catul. fear not to swear, to promise any thing; but when their lust is satisfied, they neither fear, nor care what they said, or what they swore. Secondly, if their own hand writing cannot hold them, no marvel that their e Plaut Aulul. words cannot. Their k Juvenal. sat. 16. own subscription, their seal of a rich Pearl kept in an Ivory box, cannot make them to pay the money borrowed. Vana supervacuae dicunt chirographa chartae. The evidence produced is but a scribbled paper in their account; they will rather part with all shamefastness, than a dram of silver, and therefore esteem l Cic. witnesses a sport, and an oath as a jest. Filthiness added to deformity causeth the greater loathing in the body: Now how great is the corruption and filthiness of a perjured and depraved soul? Whither m As Enn. in Cic. offic. now is reason, which used to stand upright, unreasonably bowed and inclined? Is there no punishment n Juvenal. sat. 13. in store for perjured tongues and subtle fraud? Poor Souls! Though o Tibul. for a time ye may escape: at length Revenge cometh with still and slow, yet with sure steps; ye cannot avoid it. The third evil observable, in Bankrupts is breach of brotherly love and charity: Thirdly, Bankrupts break the bonds of brotherly love and charity. For Bankrupts possessing and wasting other men's goods, cannot choose but break the bands of humane friendship and charity, which forbids a Cic. offic. 1. to wrong any man, and enjoins us to respect the common good, and by mutual interchange of duties, and trusting forth and receiving again wares, to confirm the bands of humane society. Cic. offic. 3. These bonds will not Bankrupts spare to break; and therefore also undermine the very foundation of humane society, to enrich themselves and others with other men's money and estates. Lend any thing c In Trinum. (saith one in Plautus) thou losest it: the borrower taketh it as his own: ask it again, for thy good will thou findest the borrower thine enemy: press to restitution, and then, of two evils take thy choice, either to lose what was lent, or else thy friend. They will neglect the bond of friendship and not pay. M. Crassus was at once bereft d Plutarch. 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 wind. O wretched men! who once thrust out at doors fidelity and friendship, who are so averse from fair dealing, that they carry a violent hate and hostile rancour towards their Creditors, and opprobriously seek to disgrace them! Give me leave to exclaim and pour out this just Complaint. The good man e Mic. 7.2. is perished from the earth, there is none righteous among men: They all lie in wait for blood, every one lieth in wait for his brother with a net. 'Tis safer trusting to fire and water than to fraudulent men: 'Tis safer f Crates in Lactant. to do a kindness to a serpent or savage beast by breeding them up, than to these men. What more harmful, what more cruel to man, than the Dragon, Panther, Lion? Elian. T B. 13. yet did a Dragon preserve from thiefs 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 Lion i Agell. 5.14. requited Androdus for pulling the stump of a tree out of his foot, and defended him in the den of wild beasts, into which he was cast at Rome, and thus shown a grateful memory of the cure wrought on him. And shall men with evil requite a kindness done by lending them money? Truly it is not safe to k Plutarch. bring up savage creatures, whose minds are soon alienated from their benefactors, and that to their great peril: because they harm their masters and requite with mischief the kindness done to them. Much more is it not safe to credit them with money, who will make a prey of it, and from a kindness done them, raise extreme hostility and hatred, Cic. offic. 3. and in men's shapes express the savageness of beasts. Fourthly, the theft of Bankrupts. The Courses of Bankrupts in the fourth place draw them within compass of theft. If Cato likened a Advertis. sur divers crimes. a Usurer (one of those who in their times had no bounds set for their Consideration) to a close murderer; surely a man may well call a fraudulent Bankrupt a thief; for of a set purpose he possesseth himself of a Creditors estate, carrieth it away, and cheats him of it by cunning and subtle devises. This is thus proved: First, if he according to Dracoes laws b Agell. 7.16. be liable to theft, who employeth a labouring beast▪ otherwise than in that use for which he was let out to him: on the same ground are not Bankrupts, who use men's money to other uses than they were lent, well termed thiefs? Now they turn them to other uses than the lender intended, 1. when they lavish them out upon their pleasures. Secondly, when they borrow them of one Creditor to stop another Creditors mouth, that clamours against them. Such c Diodorus 16. was the fault of the Phocians, who to pay the amercement to the Amphictyons, conspired to rob the Delphic Temple. Thirdly, when Bankrupts spend the borrowed d Henry 4. K. of France Edict. An. 1605. money in estating their Sons or making rich dowries for their Daughters, or any way convey and turn them over to their heirs or agents or friends in trust: Thus some Bankrupt doth, though it be a folly in him to provide for others, and be in want himself, or to make others unjustly to gape after his death and wealth, who unjustly rob others of it: for oftentimes the e Senec. Epist. largeness of the prey and entire enjoying it, maketh them of friends turn enemies to the Bankrupt. Secondly, Bankrupts are proved liable to theft thus; if by all men's verdict he be judged a thief, 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 is expired, detaineth in his hand another man's money against the owner's mind, 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 man's 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 thief that concealeth another man's goods: But Bankrupts often conceal 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 Bankrupts subtleties that they cannot be either unfolded or indeed imagined. In so much, that 'tis taken for granted among Lawyers, That f Nic. Boerius. Bankrupts and fugitive merchants or tradesmen may be wracked, that they may tell what is become of the money lent them for merchandise and trading, which now they deny themselves to have, and say, that the retailer hath got it, and by him it is lost: Therefore for concealment of other men's goods they may have theft laid to their charge. Fourthly, and lastly, he g Danaeus in his Ethic Leu. 19.12. Exod. 22.17. commits theft, who denyeth what he borrowed or had deposited in his hands: But bankrupts often deny with impudent faces that they received the money which was lent them; therefore they are liable to be accused of theft. Now to deny the truth in this kind 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, Mincing Inst. b. 4. rather to be 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 gross and base for men in dignity to circumvent by fraud, than to take goods from others by open force and violence. Fifthly, Bankrupts guilty of murder. Greater yet is the mischief arising from the dealing of Bankrupts: For fifthly, they are found also guilty of murder. 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 saith, every unjust motion a August. in Johan. of the mind, by which men are incited to to wrong their brother, is murder. Thus are they mutherers not armed with swords, but with fraud and craft for their own gain 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 killeth b Eccles. 34 22. his neighbour, that taketh his bread from him; he that c Tull. office 1. unjustly setteth upon another with craft to wrong him, doth as it were lay violent hands on him. If Bankrupts by their Cunning shifts and tricks carry away the money of honest Citizens, poor widows, and Orphans, which should sustain their lives, what do they else but as Vultures suck their blood and tear in pieces, and devour them who are innocent, and know not how to help themselves? But the Bankrupts plead, do we not for their money afford unto them the yearly maintenance, upon which they live? I answer, this small kindness is soon turned into a great mischief: Nor indeed is it a kindness, to seem to do Creditors good for a while, and then wholly to rob them. So then thirdly, under a show of being helpful to Creditors lives, the Bankrupts in the end go away with the principal, and dig the deeper pit for their Creditors overthrow. This kindness of Bankrupts is like the stinging of the Asp, with whose d Chrysosthom. venom if a man be infected, he falleth in a pleasing sleep, so that the venom disperseth itself through all the veins, and the party dieth sweetly sleeping: So the Bankrupt for a while lulleth with kind supply his Creditor asleep, that he may disperse his poison more securely, and carry away the principal, and by spoiling e Ambros. him of his lively hood doth prejudice to his life; so that Bankrupts may be justly called a viperous brood, who eat out the very bowels and the states of their Creditors, that themselves may subsist in the world. What difference f Senec. B. of Benef. then is there between a Bankrupts kindness and an enemies wish? an enemy wisheth thy overthrow, and a Bankrupt by pretending to supply thy life with maintenance, in the end worketh thy ruin. Sixtly, Bankrupts hypocrisy. Furthermore the courses of Bankrupts are in the sixth place full of craft and cannot want hypocrisy: Do a Plaut in Pseud. but hear 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, like b Basil. 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 Bankrupts by taking and counterfeiting the colour of kind and good men, make such as come near them their prey. First then before they break they c Accurs in Benvent. get store of money into their hands, that they may seem rich and able easily to satisfy their Creditors, so that no man needeth to press them? And for this end, they will discharge other men's d Benvent in Tract. de Adjecto. engagements, that they may seem some body, and good paymasters. Secondly, at their very breaking they play the hypocrites, and perfidiously blame the perfidiousness of fortune, and feign Casualties, that they may compound with their Creditors to their loss; yea they will pretend poverty and damages, when they swim f Senec. 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 feigned tears to distil. Thirdly, after their breaking they conceive g Cic. orat. after his rec. that all their vices are hid, if they but show their faces in open market: and because they bear wittingly h Lactan. with their own vices, whose sweetness much pleaseth them, will not endure to have them named, but i Salvian. make show of religiousness and assume the title of sanctity, that they may colour their dishonest gains and base shuffling deal. Though their dealing be naught, yet they desire to seem of honest and fair carriage; So deceitful is man's life, so carrieth be his mind in Covert, and setteth a fair face on a false heart; and thinks not, that k Cic. offic. 1. there is no sin more capital and mischievous for men, when they most notoriously beguile, even then to make the greatest show of honesty. And surely herein is an by pocrite most dangerous, because he l Cic. catcheth and intrappeth men, before they perceive any thing or can be ware. And therein m Plutarch of Herodor. Mal. appeareth the extremity of their injustice, that they would seem just and honest, when they are not so; Secondly, their arrant naughtiness, that they sergeant plain dealing and goodness, when they are most crafty and injurious. These courses too frequent & palpable, may be discerned, when we find most of the Bankrupts using n Lucil. all study and art warily to place their words, and cunningly to demean themselves, to cologue, and to counterfeit honest dealing. Thus o Chrysost. hom. 45. are they whited sepulchres, outwardly beauteous, but inwardly full of rottenness. So that whilst their slights are undiscerned by a feigning duty and observance, they seem honest men: but when the vizard is taken off, they appear themselves, such indeed as cannot choose but be held to be odious and detestable by all good men. Seventhly, Bankrupts Injustice. The seventh fault of Bankrupts is injustice: How can he choose but be unjust, that wasteth his estate and taketh Bankrupts courses? For his chief desire a Curt. B. 4. and aim is to deceive, so that his heart must needs be far from all just dealing. His mind is pitched upon his own gain, so that b Ovid 2 Pont. the venerable name of Justice sits but like an harlot in the Porch, to call in Customers for his profit. Some ulcers c Senec. 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, yet desireth to be in action, and to have objects still to work on it. Let but d Plaut. hope of gain show itself, the unjust man rem divinam deferet will omit his duty to God, rather than to his Mammon; for he that e Horat. ep. 1. maketh haste to be rich, and plungeth himself into the world, bids virtue adieu, sleights f Plutarch the repute of Justice, shameth at nothing, dum ob rem, will do any thing, so it stand with his profit. For what will not men's hearts attempt, when an extreme thriftiness possesseth them? Virgil. Aurt sacra fames quià non cogit? But they shall find it better by much to leave this course of fraudulent dealing, in which death and destruction with baits tempting to injustice closely concealeth herself, than to have continued therein to their future misery. Eightly, Bankrupts Covetousness. The eight evil incident to Bankrupts is covetousness a Avarus aris avid alien. Agell. 10.5. The deal of Bankrupts show them to be covetous and ravenous after other men's money, and to be like them, b Erasm. in Adag. who count nothing sacred, but gain, to whom, as to their God, they consecrate themselves. By this they weigh out their godliness, friendship, honesty, fame, all things divine, and humane, and count all things else but trifles; Their chief c Juvenal. sat. 9 prayers tend to this, that their wealth and state may be advanced; this maketh abstinence from other men's goods a stranger to them; this maketh them ready to catch, rake, and snatch what ever they can; yea d Basil. 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 ruin of some caught in their snares, to catch and devour others. Not unlike a River, which being small and weak in the head, in the progress receiveth such increase, that with a violent stream it carrieth all along with it: Bankrupts I say, if once through the impetuousness of a Covetous mind, they esteem gain more than goodness, wrong than equity, falsehood than truth, e Lamprid. in Comod. every booty shall be conveyed into their bosom. Of this temper f Plutarch. in Agesil. were of old the Lacedæmonians, who made the chief point of honour and virtue to consist in doing Sparta good; other justice they neither learned, nor knew; So being wholly possessed with this persuasion, they cared not whom they injured: Not unlike them are our Bankrupts, who to adorn their Sparta, persuade themselves of singular performance, if hiding their subtleties and perfidiousnes, they can supplant others, and rob them to enrich themselves. Now if a man conclude with himself that each man desireth g Terent. in Andr. it should rather go well with himself than with others, and proceed to an immense and unsatisfied desire of having, and bond not his thirst of getting within compass of reason, at length all respect and observance of Justice will be extinct, so that he will not only say in his own heart, but by his deeds proclaim to the world, Vnde h 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, Bankrupts lying. The ninth fault of Bankrupts is lying. So that we reassume to Bankrupts the speech which the Apostle borrowed: In Covetous a 2 Pet. 2.3. wise with feigned words they play the Merchants. For surely they that stick not to lay covetous clutches upon other men's estates, they will not blush to cover truth over with the ashes of lies. The study b Circer. Agrac. of gain soon calleth to the study of fraud and lying; And if, as Salvian saith, c Book. 4. the life of greedy and deceitful tradesmen be nothing else, but the hammering of deceit and forging out of lies; Bankrupts may well be held to be the Chief, d Euripid. in Andro. and Master-workmen of lying: for they use (those called by Plautus) e Rudent. magnificent lies, and count lucre f Sophock in Athenaeus. sweet, though got by lying. This appeareth: First, because in their buying and selling they speak g Jer. 9.8. peaceably to their neighbours with their mouths, but in their hearts lay wait for them: So that there is no good agreement between their tongues and their hearts; I wish and pray God that they do not in hypocrisy speak lies, having their consciences seared with an hot iron as they 1 Tim. 4. Then secondly, when the time of paying the principal cometh; these Dosoes great boasters of their fair dealing, set the great h Juvenal. fat. 7. bellows on work to forge huge lies. Strigelius hits them right, saying, that they who willingly run in debt, unwillingly pay; Ethick. B. 2. and they that unwillingly pay, willingly tell lies: So that the first step is being in debt, the second is coining of lies; Thus lying and evil speaking now adays aboundeth. Whence just ground have we 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 deal deceitfully; every one will deceive his friend, and will not speak the truth; they have taught their tongues to speak lies and take great pains to do wickedly. Tenthly, Bankrupts. blemish the credit of their children and posterity. Furthermore, Bankrupts 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 laid by the Parents, the stain thereof falleth also on the Progeny. So that First; the Children and Nephews be pointed at in public. Secondly, when they would speak in the assembly, some one boldly interrupts a Cic. orat. for Sylla. Plutarch. them and enjoineth them silence; for c Laert. 2 1. the virtuous and commendable life of the Parents is a Treasure of freedom in speech left to the Posterity. Thirdly, when their children come into the market place and Exchange, where Merchants show 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 be offered them with some honest Citizen's daughter, presently some unlucky bird will sing: take heed and be well advised; know you not, that his parents do animam debere own more than they can pay? And d Terent. in Heaut. thus this brute breaketh off the marriage. Thus Bankrupt parents are many ways injurious to their Children and posterity. And here give me leave to lay an accusation against these unjust Parents: I know well e Cic. 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 bear those things which are to be borne, and in silence conceal them which are to be concealed. But this branding with Infamy and blasting the credit of the Children, which proceedeth wholly from the Parents, who can keep silent, who can be so patiented as to bury it in oblivion? Is this fit? The old men f Aug. 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 devour the sweet gain, 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 Son-in-law beareth the blame which the Fathers-in-law sin merited: what can be thought more grievous? Every g Cicer. ingenuous man hath a desire to partake and have a share in true glory, which is the honourable fruit of true virtue; 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 do you Bankrupts deprive your children and posterity thereof? 'Tis too grievous h Cic. Brut. That Parent's sins should lie thus heavy on their children. By the bowels of tender compassion I entreat you, to bethink yourselves, what you would answer, if your children should thus speak to you? Fathers, you begot i Cicer. in Catil. us; next after God, you are Authors of our lives; you have given us education; but out alas, why are ye so bewitched with the love of gain, that ye will be the ruin of our good names? Did your Parents k Plaut. in Trim. deliver over an unblemished and unstained fame to you, that you should overthrow by your wickedness what they got by their virtue? that you should be blemishes to the honour of your posterity, that you should commit these things so bad, and so unbeseeming your house and kindred? Think with yourselves can any l Cicer. orat. to the Nobil. thing be more near and dear unto you than your own children. Now how little do you regard them, when by your ill courses you brand them with infamy, and extinguish all the glory m Cicer. orat. for Sylla. and ornament of your stock, name and honour by your miscarriage? May not your posterity complain of you, because by you they are made heirs of such a calamity, and for your sakes are despised? shall not your children n Eccles. 41.10. grieve at you their wicked fathers, because by you they are exposed to disgrace and shame? will not God be offended with you and lay just judgement upon you? for he o 1 Tim. 5.8. that hath not a care of his children & household, is worse than an Infidel. Consider, consider these things, I say, all ye, which blush not to please and solace yourselves in the evil courses of your most dishonest and unjust playing the Bankrupts. Amongst the former evils, Eleventhly, Bankrupts endanger their own salvation. the courses of Bankrupts in the eleventh place draw them often into the loss of their own Salvation. For, how can it otherwise be? when by hook and crook they unjustly enrich themselves with other men's wealth, and rob others of their livelihood, and so endanger the robbing of their own souls of happiness; Woe be to him, saith the Prophet; a Habac 2.10. which coveteth an evil covetousness to his own house, and sinneth against his own soul. Wonder not at this; for behold the b Ang▪ on the Psa. devil sets before thine eyes, thy neighbour's goods to entice thee to evil; 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 and subtlety, and if thou makest use of deceit and wiles, needs must thou be taken, and if thou be'st taken, what canst thou expect but loss of thy soul? Hence it is that many catching at gold, captivate their souls, and for fruition of money adventure upon perdition of their own salvation. O folly of men! who to advance their gain run heedless on their bane. What a madness is it to get gold and lose heaven? What c Aug. Serm. on Christ's W. profits a chest full of Gold, if the Soul be empty of hope of Salvation? Wilt thou have good, and wilt not thou thyself be good? blush, blush at the sight of thy goods: sigh an house replenished with goods calleth thee her Godless master; What d Mat. 16.26. will it profit a man to gain the whole world and lose his own Soul? or what can a man give in recompense for his soul? what can that which a rich man hath do him good, if he have not God, who hath all things at command? These things should be your daily and serious meditation; but oh your disturbed and perverted reason! oh your unbridled desires! oh your dissolute counsels! How long will this your fury delude you? whither will this your undounded licentiousness carry you? Are your minds so inflamed with folly, your desires so infatuated with the love of money, that the fear of God and care of your Souls cannot make you more considerate, and withdraw you from your thirsting after Gold? Let the salvation of your souls move you, let it I say move you to consider better of your courses, for if the Soul be once lost, you shall be for ever after most miserable. Thus far have we treated of the several kinds of sins (the mischievous joys of perverted souls) which do proceed from the fraudulent deal of Bankrupts; we have painted out their folly in its due colours, but not so fully, as we might have drawn it to the life: for there can be no such depth of invention, no such Copy of Elocution, no such divine and incredible fluence of speech, which can. I will not say fully express, but so much as number up the mischiefs arising from the courses of Bankrupts. Surely as Covetousness in the Ancients esteem, comprehended in it all vices in a lump: So we may judge, that the fraudulent courses of Bankrupts have a Confluence in them of all evil: which any man will easily grant, if he well and seriously weigh all their actions. As for us, we contented ourselves in few words to lay open few of their evils in this brief discourse. THE PRACTICE OF THE BANKRUPTS OF OUR TIMES. The third Part, Which declareth the punishments decreed to be inflicted upon them. Great punishments have been decreed for Bankrupts. WHat then shall Bankrupts run on in their sins unpunished? God forbidden: shall bonorum extortor a Terent. Senec. 3. of Benefi. legum contortor, a cheater of men▪ a wrester of laws escape? Can courses so hateful pass unpunished? The Heathen Oracle said; Never did any c Herodot. man guilty of unjust dealing escape the whip of revenge. 'tis d Menand as it were fatal and unavoidable, that the unjust and injurious designs of evil men should be required with their deserved doom. Even the wisest sort of Heathens held e Sallust. it for a truth that neither the good nor the evil deeds of men should pass unregarded: but that a different requital should attend both good and bad, according to the nature of their deeds. And herein rightly have humane laws imitated the true pattern of God's Justice: for our Ancestors f Tacitus Ann. have ordained that where Crimes went before, due punishment should follow after. Let us then briefly collect the several laws of our forefathers enacted against Bankrupts, and in order set down what hath been decreed. First, by the laws of Nations. Secondly, by the Cesarean laws. Thirdly, by several Kings laws. Fourthly, by the Common law. Fifthly, by Gods Law. So shall we meet with those fraudulent persons in many of their evil and enormous deal. And surely needs must these Bankrupts be a most wicked and bad kind of men, Benven. had we no other Argument to prove it, than so many statutes and laws in several parts of the world which have been ordained to repress & reform their naughtiness. Let us now in particular set down the laws and ordinances of the Ancients, in their own words and tenor. 1. The laws of Nations against Bankrupts. The Laws of Nations, by which in several Commonwealths the states thereof are upheld, have an aim and respect to this; That humane society and conjunction may be kept in safety: and therefore if any man trespass against this, they inflict on him death, or banishment, or imprisoning, or amercement. Now hear their different laws against bankrupts. The Romans decreed that the debtor owing very much to his creditors, Alex. ab Alex. B. 6.10 should satisfy his debts by deviding his substance amongst them; and being deprived of all his goods, should be put into prison and Chains, and afterwards that his joints should be divided, at the pleasure of the Creditors amongst them. The Egyptians ordained that satisfaction should be made by the debtor's goods and estate, but no punishment to to be inflicted on the body; Alex. ab Alex● ibidem. for they held men's goods liable to satisfy for debts of money, and not their bodies; yet they used to pawn 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. he that paid not his debts, if he 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 cruel death. Amongsgt the Tyrrhenians, Heraclid. in polit. if any man paid not the money which he borrowed, by public appointment Boys followed him which an empty purse for his utter disgrace. The Judgement upon Bankrupts 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 forbidden to come into the market. Among the Muscovites, Guagin▪ descript▪ Muscov c. 4. debtors that have not wherewithal to satisfy their Creditors, are according to their laws brought into a public place ordained for that end, and there grievously without any mercy beaten with whips and wands on the legs and feet, till they make full payment to their Creditors, whencesoever they can get it: if they cannot get wherewithal to satisfy, then being often whipped, they are compelled to become servants to the Creditors, thereby to satisfy them according to the value of the debt. Among the jurkes when any ones fraudulent dealing is detected, Aerod. B. 1 the Governor adjudges him to death. Among the Florentines if any be Bankrupt, and be convicted so to be, there is appointed him a certain day of payment, Brut. B. 1. hist, Florent. as seems fit in the Magistrate's discretion, at which day if the debtor pay not, his name is registered among the fraudulent Bankrupts, and he is deprived of his freedom and disabled to give his voice as a Citizen: He on whom this punishment is inflicted, is said to be brought to be looking glass, because in that Catalogue as in a glass, you may see the worth and estate of such men. At Rouen the Bankrupts and men insolvent, are made to wear a green hat, that by this badge they may be known from all other men, and that no man unawares may enter into Covenant and bargain with them which used to fail and be insolvent. Hence it appeareth how contemptibly divers Nations and people have thought of debtors branded with ignominy of false dealing or notorious Bankrupts courses. In the second place the Caesarean laws against Bankrupts have been many. 2 The Caesarean laws against Bankrupts. In the days 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, as also grievous and dire punishments assigned to Bankrupts, according to their demerits. This well beseemed the Caesarean Authority; for he knoweth how to rule well, who hath a special regard that a Corporation be not infected with evil men, and that Merchants & Tradesmen be free from perfidious and false dealing. For a City's a Epicter. safeguard dependeth not upon the strength of the walls, but the virtue and just dealing of the Citizens; Nor is b As said Antigonus. there any surer bulwark to defend a kingdom, than the mutual love and fair dealing and honest demeanour of the subjects. The Poet said well, that a City is strongly c Plaut. in Persa. walled, if the Citizens be virtuous. And again, if, First, false dealing. Secondly, alienating the common treasure. Thirdly, Covetousness. Fourthly, Envy. Fifthly, Ambition. Sixthly, Calumniation. Seventhly, Perjury. Eigthly, Slothfulness in men's vocations. Ninthly, Oppression. Tenthly, Murder (which falleth heavy upon the committer) if I say these vices be not banished the City, an hundred-fold wall is too little to defend it. Now suppose the state of a Kingdom be such, that some of these vices, at least one of them, namely fraudulent dealing abundantly reign in people's minds: The question is what shall the chief Magistrate do? Shall he wink at it, or inflict severe punishment thereon? Too much mildness and too much severity are both culpable, the one lets the reins of government hang too lose, th'other holds them in too straight; 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 God's Magistrate, it is not cruelty, but piety, and Blessed is he who doth justice at all times. Psalm. 106.3. Let no man then wonder at the Emperor Charles the Fifths Constitution against Bankrupts, promulgated after this manner. This Constitution of Charles the Fifth against Bankrupts, was enacted and published, Octob. 7. Anno Dom. 1531. Charles by the Grace of God, Roman Emperor, etc. Against insolvent and fugitive persons or Bankrupts. We formerly ordained, and further ordain, That all Merchants and Chapman or women or others that deal in buying and selling, who do fraudulently and deceitfully beguile other Merchants or persons whatsoever of their monies, wares, or debts, shall be counted and reputed in the same rank and condition with arrant thiefs. And by this statute we have and do declare them so to be. In like manner we declare our said mind to be concerning all such as tolerate, entertain, or by silence countenance them, as also all them that are privy to the said Bankrupts frauds, and imbezelling of other men's goods, and know whither they be fled, and where they hid themselves; unless they manifest these things unto the Judge or chief Magistrate of the place. Furthermore we count them in the same rank with thiefs, who craftily agitate the business of bankrupts, who be the Receivers or retailers of their wares, whether under the pretence and name of partners or otherwise, as also all them that pretend and feign themselves to be creditors of bankrupts, by whose means the fraud and perfidiousness of the Bankrupts may be concealed or boulsterd out. All the aforesaid we have and do deprive of all the immunities, liberties, and privileges of all Cities, and Corporations, and Towns, and places to whom freedom in any kind hath been in any manner granted. And we bid and command that Bankrupts 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 City, Town, Borough, or any privileged place, whatsoever, none excepted, be fetched and taken thence, and that their goods and estates, if they brought any thither, be taken thence: Notwithstanding we will that the privileges and liberties of the said Cities, Towns, and places whatsoever, enjoying any freedom, abide and continue unto them, in all other causes and occasions. And also, We ordain, that the Bankrupts and their Assistants before specified, being proved and adjudged so to be, shall be punished as Thiefs and violaters of the public good, and that without Connivance or delay, for an example to all others. And further that the goods and estate of the said Bankrupts and their Agents and helpers be taken from them, and be 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 Husband's presence or absence, have dealt by buying or selling in open Market, be liable to answer for, and satisfy the Husband's debts, in which he engaged himself during the time of their marriage. We will also and Command that all Merchants and Chapmen or women, who fraudulently to deceive their Creditors, fly out of our dominions, and abide elsewhere, within forty days after the publication of this edict, do return into the place of their usual dwelling in our Territories, and that within forty days more they make satisfaction to their Creditors, which thing unless they do within the forty latter days prescribed: We ordain that the Bankrupts themselves, as also all their assistants aforesaid, be for ever banished out of our Territories and dominions, never to return into them again. Furthermore, we Command that all Contracts feignedly, fallaciously, and fraudulently made, be frustrate and of no force and validity. And that all the Creditors of Bankrupts, and their Partners, and of other fugitives for debt, join together in the felling of the Bankrupts goods, and whatsoever can be found, for the discharge of the Bankrupts debts, and that a regard be had to the proportion and value of each Creditors debt without any partiality to satisfy any particular man. Neither shall any Creditor benefit himself by preventing others in arresting the goods of any decayed person, though it be done in any privilege place whatsoever: Nor shall the Customs, rights, or laws 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. King's laws against Bankrupts. 3 Divers worthy provident and potent Kings have enacted strict laws against Bankrupts. Plato a Plat. in Alcib. said well, that the Providence of a Governor consisteth in consulting well for his own and his people's welfare. This thing the French Kings, truly careful of their people's good, duly weighing, most providently enacted good laws for the due punishing of Bankrupts; for being informed that this crime grew too too common by its impunity (which is b Cicer. 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 weakening of Kingly State, they therefore made special use of their princely power in purging out all great enormities of Bankrupts: This may appear in their several decrees against them. 1. Francis the first of that name King of France decreed Anno 1536 That Bankrupts, and their partners, and adjutors should be severely dealt with, and diligent inquiry made, witnesses and other extraordinary remedies used, and the fault apparently found, the persons guilty should have some corporal punishment inflicted on them, according to their desert, either by putting them into the pillory, or some other way, as should seem good to the Judge. In which decree what may seem severe? seeing c Cic. Offic. 2. that for the good of the Com-wealth severity is to be used, without which no state can be well ordered. Better is it by * August. Confess. 9 severity to express love to the Commonwealth, than by lenity to ruinated it. We cut off a finger, that the gangrene may not proceed to the Arm: So offenders are justly punished, that their sin proceed not further to the detriment of the whole body politic. 2 Charles the niuth King of France in an assembly of the Peers and States, at Orleans, did constitute that fraudulent Bankrupts should be extraordinarily punished, and afterward put to death. Who can find fault with this? The public good so required; for he d Plut. wrongeth good men, who conniveth at the bad: And the place of a King and his office is to punish offenders e Hieronym. on Jerem. and relieve the innocent: He is the dispenser f Arist. polit. of Justice, and will not suffer the rich to be invaded by the poor, nor the poor contumeliously used by the wealthy. 3 Henry the third renewed and confirmed this edict against against Bankrupts at Bloys, Anno 1579. And let not any man hence tax him of severity: for he that sits at the stern in the tempestuous sea of Civil affairs, ought ever to have his eyes bend and intent to advance the Common good of all; Cic. Offic. 1. And men in authority are to provide for, as the safety, so the benefit of the people who called them to their place, and not to mind only their own profit and safety who are called thereunto: And herein especially differeth, saith Aristotle, a King from a Tyrant, the one studieth and procureth his own 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 Royal edict severely meet with the Crafty arts & audacious tricks in Bankrupts courses. Read his constitution against Bankrupts and failing tradesmen enacted in the supreme Court, June 4. Anno Domini 1609. Thus far of the French Kings edicts against Bankrupts. Laws in England made concerning Bankrupts. Nor have the Princes of England been backward in this kind, but have seriously considered the mischiefs which were incident to Commerce and humane society and to the well ordering of the Commonwealth, and which have been pulled upon us by the subtle and unconscionable & ungodly deal of Bankrupts, and thereupon our said Kings have with great care and circumspection provided good and wholesome laws to prevent or punish Bankrupts courses. Anno 34. Hen. 8. A statute was was enacted for remedying the harms and evils befalling this land by Bankrupts. Also Anno 13. of Fliz. cap. 7. more fully was declared what Merchants or Tradesmen, etc. departing this Realm, or keeping their houses, or willingly being arrested, etc. to defraud their Creditors, etc. shall be counted Bankrupts. And further is enacted, how Commission shall be granted, by which the body and goods whatsoever of the said Bankrupts may be seized upon, and how by the Commissioners a course shall be taken for satisfying of the Bankrupts debts: As also how the Commissioners shall have authority to find out and dispose of the Bankrupts goods, lands, etc. in the hands of any other person whatsoever, and how they shall by oath of any person suspected to have the goods of the Bankrupts, endeavour to find out the truth: Besides in this statute penalties are imposed on the Bankrupts who hid or convey themselves from their usual places of abode, and on such as wittingly and willingly help to hid or convey any person proclaimed Bankrupt and going about to conceal himself. See more in the said Act. Also Anno. 1. jacobic. 15. Because bankrupts fraud and deceit increased, (as it is there said) to the hindrance of traffic & to the general hurt of the Realm, it is further explained, who are to be reputed Bankrupts, and how the power of the Commissioners should be further enlarged. Also it is enacted, That if Bankrupts by conveying their lands, tenements, leases, goods, Chattels, etc. to their Children, or any other person; or persons, seek and endeavour to defraud their Creditors: That then the said Commissioners shall have power to bargain, sell, grant, demise, convey, and dispose of the same, as if the Bankrupts had been actually possessed thereof, or as if the debts were in his own name. And that the acts of the Commissioners in this kind shall be good in law against any man, who shall question the same. See these things in that act more largely set down. It is there also further enacted that because the practices of Bankrupts were become secret, subtle, and hardly to be found out, in what cases any one withdrawing him or herself from their usual abode, shall be proclaimed Bankrupt, and how the said Bankrupt not appearing before the said Commissioners, is to be apprehended, wherever he or she may be found, in places privileged or not, and are to be examined by the Commissioners about their own lands, goods, debts, books of accounts, etc. 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 conform themselves. etc. 'Tis also enacted, that if the party examined commit wilful or corrupt perjury to the endamagement of the Creditors, ten pounds or more, he or she shall be indicted, etc. And being convicted shall be set on the pillory, and have one care nailed thereto and cut off. As also such as have Bankrupts goods or be indebted to them, shall be examined by the Commissioners, and how if in case they refuse to appear, or if they appear and refuse to answer to interrogatories, the Commissioners shall have power to cause them to be arrested and made to appear, 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 wilful perjury by his deposition before the Commissioners, that then it shall be lawful to indict the said persons, and upon their conviction enjoin them such forfeiture, and lay upon them such pains and punishments, as was limited Anno quinto Eliz. by the Statute of perjury. Further also it is provided concerning the Commissioners, how they shall proceed and maintain their proceed for the good of the Creditors, and the Bankrupt, and for their own discharge of the trust committed to them. And how they shall proceed to execution of their Commission, though the Bankrupt die. See these things more fully declared in the Statute. Also Anno 21. jac. In regard that Bankrupts much increased in number, and their frauds were many in deluding the former statutes, to the hindrance of traffic and Commerce, and the great decay and overthrow and undoing of Clothiers, etc. So that the Bankrupts evill-dealing tended (as justly there is affirmed) to the general hurt of this Realm: It is there enacted that all laws made against Bankrupts, shall be beneficially construed for the good of the Creditors. There also is more expressly showed who are to be accounted bankrupts, what the authority of the Commissioners is, what shall be the prosecution of the laws in force against Bankrupts. 'Tis further enacted that the wives of Bankrupts shall be examined in the same manner, as was before spoken concerning the husbands. As also in what case the Bankrupt and his wife shall be set on the pillory, etc. Also it is there provided how the Bankrupts goods & estate shall be divided to the Creditors. Also how Bankrupts making themselves accomptants to the King's Majesty, shall not hinder the proceed of the Commissioners to right the Creditors. These things and many more are contained and more fully and largely set down in the foresaid statutes concerning Bankrupts, for the utter rooting out of all Bankrupts courses, and the bridling and reforming of so great a mischief to the Common good. Leaving therefore these things to the Readers perusal in the book of the Statutes at large, we forbear to cite any more out of them: And having here inserted what we thought most expedient for our own Nation to take notice of; Let us proceed. 4. The Canon Laws against Bankrupts. Fourthly, nor have the Common laws passed over the perfidious courses of Bankrupts and Covenant-breakers, but punished them by degrees according to their deserts. 1. They lay a blemish and stain upon their credit and reputation, who faithfully pay not their debts: for in the constitutions of Boniface the eight, it is said, he a 8. 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 Bankrupt: who showeth himself by his fraudulent course and dealing, and by palliate 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 he require others to observe fidelity towards him, who breaks it at pleasure towards them; Besides in the ancient statutes of the Church, it was c Canon 12. ordained, that he which invadeth another man's goods, should not escape unpunished, but should make restitution of all with advantage. The second decree of punishment was confirmed by a Statute of john the Fourth Pope of that name; He that invadeth other men's goods let him restore them fourfold. Yea, Eusebius the Pope constituted, that e Ibid. restitution tenfold should be made. The third punishment of such as unjustly possess themselves of other men's goods, is, that they should hope for no remission of their sins, until they had made restitution; for f Bonifac. 8. Rul 4. in the Can. Law. Peccatum non remittitur, nisi restituatur ablatum. And that there can be no repentance, unless the goods ill gotten be 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 of other men be not restored. 4. To bring Bankrupts to a true sense of their sins, and to fit them for God's gracious work upon them, and the obtaining of pardon of their offences, by the edict of the Lateran Council was decreed, that they ought h Lateran. Conc. under Fabian. to be excommunicated, who possess themselves of men's goods, unless they restore them to their owners, their heirs 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 anciently decrees were made to withdraw men from fraudulent deal, such as are the subtleties of Bankrupts, and to lay Condign punishment upon them. As men cut of those parts of their bodies, which want blood & spirit, and would harm other joints: So evils are to be taken away from among men, and to be rooted out by good laws, lest they prove pernicious and hurtful to the Church and Commonwealth, or the parts and members of the same; Of which kind, we account the Courses of Bankrupts in getting into their clutches other men's goods▪ and robbing and defrauding them thereof. 5. Divine Laws against Bankrupts. Curt. 7. Some may think the Canon Law mild, because it inflicteth no severe punishment on fraudulent and crafty Bankrupts. Come we than Fifthly, to speak of divine vengeance which no man can escape, who layeth Covetous and false fingers on other men's goods. The Heathen Poet could say, They who blinded with b Eu●yp. folly, and possessed with madness, out of opinion and hope of gain, neglect justice, 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 deals unjustly. Now God punisheth such false dealers severally. 1 With external punishments in this life. 2 Internal punishments in this life. 3 With grievous punishments after this life. Bankrupts perhaps promise to themselves much happiness by lurching others of their goods; but behold how they (such namely as be wicked men among them) beguile themselves, not minding how great damage so small gain bringeth unto them. Hear ye this, c Amos 8 4. ye that devour the poor, and thrust the needy out of the earth! Alas deceived souls, of all miserable men the most miserable, I appeal to yourselves, you Bankrupts, who get into your hands great sums of money lent you, and with set purpose and intent run your Countries, & feign false courses by which you lost them, that having put your Creditors to troubles suits, and expense, 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 gain in the end, when for that fading pelf, which you have so greedily and falsely hunted after, and got by hook and crook, you shall at last reap a sad and fearful harvest. O sad and lamentable harvest, of external and internal pains in this life, and of endless pains after this life: Of these I will now speak in order. First, God hath appointed external divine punishment to be laid on Bankrupts. 1. Externall divine punishments on Bankrupts. Certain it is that God the Lawgiver hath assigned just punishment to them that unjustly get other men's goods into their hands. Exod. 22.4. he maketh this law; that he which taketh away another man's 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 he doth get another man's goods, and taketh them as his own possession: God will not have this rule of Justice, (that each man should enjoy his own estate and means) by any wicked course to be violated, without due punishment; yea that a Jod. Nahum Domin. 22. Trin. by no means, 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 lawful among the Hebrews b Ex. 21.7. Leu. 25.39. Deut. 15.12. for a man to fallen himself and his Children also, when he was impoverished: So it is credible that there was some Magistrate, who at the suit of the Creditors, when the debtors 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 sons might be sold, that payment might be made. With this agreeth 2 Kings 4. Where a Widow complaineth to Elisha that her Creditor did press her earnestly, that he would take her two Sons from her to be his servants. What condition is more grievous than servitude? If our dear children and wives should be taken from us, and put to perpetual servitude, what lamentation, what sighs 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. Internal divine punishment. Secondly, God hath appointed internal punishments to light upon Bankrupts; even such pains as will not only outwardly afflict the body, but inwardly also trouble the mind; such as are anguish, fear, sting of Conscience: for Conscience a Cic. or at. for Cluent. is implanted in us by the immortal God, so that it cannot be extinguished. And truly God hath for our great good given it into us, that it might be b Origen. the Corrector of our affections, and the tutor of our reason, that it might be a bridle to us before we sin, because c Senec epist. it hath in it a detestation of that thing which nature condemneth; and a scourge after sin, because when sin is committed, it understandeth the grievousness 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 minds are inwardly gnawed with wondrous torments, which never give them a breathing space, never suffer them to rest. So that they are not unlike to Prometheus d Horac. who is said to be chained upon the hill Caucasus, and to have his liver torn continually by a devouring Vulture. In this manner fareth it with Bankrupts, who rob others of their money. So that if not in the very act, yet soon after it, they feel grievous stings and whips, which for their frauds and wicked shifts like tormentors do gore and lash them. For no e Sen. epist. man can long joy in the success of his fraudulent Courses: fall out it will sooner or later that evil men shall find how they have purchased a prey little worth, with great loss and heavy discommodity. But thou wilt say, thy laugh, and rejoice. I confess it, but their joy at their banquets 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 grief, but cannot; for the terror of the punishment shortly to be inflicted is so deep imprinted in their minds, that it cannot be removed. The representation of pale death, still attendeth in their sight; so the punishment due to the wicked deal of unjust Bank rupts & insolvent tradesmen, sticketh fast in their minds and suffereth them not to rest. The conscience privy to their wicked fraudulent and injurious dealing, doth disquiet and terrify them with restless and distracting thoughts. These are the continual g Cic. 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, whose h Juvenal. minds a guilty conscience lasheth with stripes, which others hear not! 3. Divine punishments upon Bankrupts after this life. 3. There are grievous punishments after this life to be by God's Justice laid upon Bankrupts. Now go too, you Bankrupts, howl and lament for the miseries, which shall come upon you; you have done a Gualt. in Hab. much evil unto other men, but yet ye have rob them of nought but transitory and momentary riches; whose loss may be repaired sundry ways; but in this Circumvention of others, you have defrauded yourselves of endless happiness, and plunged yourselves into hell: For, God b Psa. 5.7. abominateth the deceitful man, and will destroy all workers of iniquity: and denounceth that the wicked shall not possess the Kingdom of Heaven. But what is that I hear? you say, who c Eccles. 23.24. seethe us? darkness encompasseth us, the walls hid us, and no man seethe us, what should we fear? God on high remembreth not our sins. Be not deceived; certain it is, that we must all appear before d Act. 10. 2 Cor. 5. the Judgement Seat of Christ: that every one may receive according to that which he hath done in his body, whether good or evil: your inward and your outward actions, all your sins shall be balanced; behold e Jud. 11 & 14 the Lord cometh with thousands of Angels to bring all men to judgement, and to judge all wicked men for all their impious works; your words, whether they be idle or deceitful, must be accounted for, and your thoughts whatsoever must come to Judgement, and then your conscience shall bear witness, 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 Gospel. 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 poor souls. Whither will ye go? if ye be found in your sins, where will be your refuge? And fifthly, whereas in times past offenders fled to Temples and Altars, and debtors might not be taken thence by their Creditors; and at this day there be privileged places, which as Sanctuaries, keep Bankrupts 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 cloak their lies and cheating, no pretence sufficient to bolster out their frauds & guile. Such as had nothing truly their own, but a tongue to lie and forswear, and fraudulent cunning tricks and wicked devices to rend and tear in pieces other men's estates, and leave them with bare and naked corpse, shall truly appear themselves and show what they are. Seventhly, let them consider that f 1 Pet 4.5. God the Judge of quick and dead, is most just; that he will put on righteousness for a breast plate, and true judgement instead of an helmet, and so adjudge all men; that g Matth. 5. every tree that bringeth not forth good fruit, shall be bewen down and cast into the fire. And if h Fulgent. in Matt. barrenness and want of doing good be cast into hell fire, what will false dealers and robbers of other estates deserve? If he be i Aug. de verb. Dei. cast into the fire, who hath not been liberal in giving his own goods; into what shall he be thrown, that hath taken away other men's goods? if he burn with the devil that clothed not the naked; where shall he burn, that took away his clothing? They k Hugo B. 2. of the Soul. are justly punished who abuse their own lawful 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; distasteful to your ears, but serving for the Cure of your hearts, that ye may be drawn to repentance by the fear of danger and punishments hanging over your heads, and so to l Luk 21.36. be counted worthy to escape miseries to come, and to stand before the Son of man. THE PRACTICE OF THE BANKRUPTS OF THESE TIMES. The fourth Part, Concerning the remedy of their practices. 'tIs now full time to come to the remedies of Bankrupts practices: For we have laid open their wounds, not out of a desire to hurt them, or shame them: but to better them, and cure their maladies. Now as Physicians having found the causes of a disease, Tuscul. qu. 3. think the cure also found: So we having found the causes of this mischief and sickness, will attempt to discover the remedies: And because b Senec. 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 Bankrupts, will with all care imitate the guise of the Egyptian c Galen 5▪ epidem▪ and Grecian Priests; who set up notes for the cure of common diseases in public places. Let us then in like manner publish holy Antidotes and preservatives for the cure of Bankrupts diseases, which we will borrow from the sacred Scriptures: For God's d Prov. 6.23. Commandment is a Lantern, and Instruction is a light, and reproofs duly applied are the way of life. They therefore shall do amiss, who will be offended with friendly advise propounded for to free them from a deadly and old disease, and to give them Cure and remedy. 1. Bankrupts must confess their sin●. Bankrupts must necessarily confess their sins and offences: He that hath fallen off from God and languisheth under the burden of his sins, aught for a perfect cure of his disease perfectly to turn again unto his God. Now the first step or degree of a man's conversion is the confession of his offences: He a Senec. epist. that telleth his dream, 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 sins, but I am ashamed to confess them. O b August. incredible folly! art thou not ashamed of the wound, and art thou ashamed to have it bound up? He that denyeth, c 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 Physician. Tell me how will God vouchsafe to pardon that sin, which man will not vouchsafe and humble himself to confess? Wherefore d Eccles. 4.21. for thy Souls good be not ashamed to confess the truth: there is a shame that bringeth sin, and there is a shame that bringeth grace and glory. In regard of the concealing and not confessing sin: the Kingly Prophet said; When I kept e Psal. 32.3. silence, my bones waxed old through my roaring all the day long: and to encourage us to confession St john saith, If we f 1 John 4.6. confess our sins, God is faithful and just to forgive us our sins and to purge us from iniquity. Thus is Confession Salvation to the Soul and the queller of vices. Wherefore let not the Bankrupt conceal and hid, but confess and acknowledge his offences. 2. Bankrupts must repent of their sins and leave them. Secondly, Bankrupts must repent of their sins: for it is not enough for an offendor to confess and lay open his sins; he ought also to repent and forsake them; he that repenteth of his sins is in some sort innocent. Repentance a Lactant. instit. hath not the least place among the virtues: because it is a correcting of a man's self; and if when we have sinned we grieve thereat and confess that we have done amiss, and crave pardon of God, he (such is his mercy) will not deny us pardon, unless we continue in our sins: 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 David b Psal. 32.5. betook himself to this harbour and confessed his sins, he found that God forgave the iniquity thereof: for God is a most loving and kind Father, and promiseth remission c Ezek. 18.21. of sins to them that repent, and will blot out all their offences, who begin anew to do justice. Wherefore O sinner, put a period to thy naughtiness, take a breathing time, consider well thy case, despair 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: Turn again d Anselm. and repent, lest thou having been circumvented by the Devil to circumvent, cheat and beguile others, be'st cheated and deprived of eternal life, and be'st adjudged to eternal death. 3. Bankrupts must pray for pardon of their sins. Thirdly, Bankrupts aught daily to pray for remission of their sins, for seeing the cry of the Bankrupts evil courses hath pierced the ears of God, they ought also to cry aloud and often to God for pardon of their sins. Great is the force of prayer: fire a Chrysost. doth not more take away rust from iron, than prayer purges the filth of our sins; wherefore let the Bankrupt pray now as hearty and opportunely, as he hath hath sinned highly and proudly. Let him prepare his heart constantly to pour out his supplications and prayers, and in the end he shall prevail for pardon. With heart and tongue let him thus say. O Lord, though I have lost my integrity by my sin, yet have I not bereft thee of thy mercy; do not, O Lord, so observe the evil of my sins, as to forget the goodness of thy nature: Be not so mindful of thy just anger against my guilt, that thou mind not thy loving pity to poor wretches. True it is, that my guilty conscience hath deserved damnation, and my repentance hath not been sufficient to satisfy thee. But sure it is, that thy mercy is beyond all my sin: Therefore O Jesus, be to me Jesus and Saviour, for thy name's sake; let thy pity be extended to me, while the time of mercy lasteth, lest I be condemned in the time of Judgement. If thou takest me into thy bosom, there will not be less room for others. 4. Bankrupts ought to repay every man his due. Fourthly, Bankrupts aught faithfully to repay money borrowed; for to the end that a debtor may lift up pure hands and mind to God, assuredly it is very expedient that he pay the whole sum borrowed; for a Christian a Rom. 13.8. should owe nothing to any man but love; wherefore b Senec. B. 5. of benef. he that is obliged in any kind to another, ought faithfully to discharge the same. He is c Senec epist. 81. not wellminded 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 fourfold restitution, when Christ told him of Salvation come to his house: for thus he saith, Behold Lord, if d Luk. 19.8. I have wronged any man by forged cavillation, I restore it fourfold. So it is said of Gabael debtor to Tobias e Tob. 9.7. Upon sight of the writing and seal he presently made payment. f Plutarch. Gelo the Tyrant paid the money borrowed of his subjects, as soon as the occasions of his troubles were ended. And Alexander g Diod. B. 17 the Great, when Asia was vanquished, out of his own treasure paid the debts of his Army to their Creditors. Neither indeed ought the care of a private man to be less 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 surpass all Pagans and Infidels in care to pay his debts, and maintain his credit by performing his promises and Covenants. 5. Bankrupts must avoid lying. Fifthly, a care must be used by Bankrupts in all things to avoid lying: for seeing they who resolve to be rich, oftentimes in their courses balk truth, sure it is that in such straying paths a Bankrupt also walketh: and therefore he is to be admonished to avoid falsehood in his speech, and to think with himself that to a Cic. Offic. 3. lie, to beguile, to supplant others, by cunning to deceive them for his own profits sake, is in no wise incident to a good man, and that a fraudulent b Mich. 6. tongue hath its residence only in the mouth of the wicked. The Persians and Indians so detested lying that they put it in the rank of the greatest Crimes: And enacted a law, that he c Alex. of Alex. B. 6 c 10. which deceived his Client and thrice abused him by lying, should be enjoined silence for all his life time, and should be uncapable of all magistracy and honour. Artaxerxes d Ibidem. so wonderfully hated lying, that he commanded a liars tongue to be fastened to a post with three nails. Apaminondas e Ibidem. was so serious a lover of truth that he never spoke a false word, no not in jest. The f Erasm. in Adag. Athenians forbade 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, than g Cic. 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 himself. Much more should a Christian be of this mind. Speech was h Plate in Tim. given us of God, that mutually we might unfold and declare our minds one to another, and therefore a good man i Nigid. in Agell. 11. B. will avoid lying, and a prudent man ever tell the truth. Especially as saith Lactantius, He that k Of true worship B. 6. is a worshipper of the true God, should take heed, that he never be found to lie with an intent to deceive or wrong others; for it is a foul fault, that he who maketh truth his study, in any thing should deal falsely, and departed from that truth which he pretendeth to follow after. In this path of Justice & all virtues 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 lie to his friend and familiar, but further add and resolve, that no man ought to lie to any other man, no not to one wholly unknown 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 deceiver l Prov. 11. is an abomination to the Lord; wherefore let us follow the Apostles rules, And lie m Col. 3.9. not one to another, but laying n Ephes. 4.25. aside false speaking, utter the truth each man to his neighbour, for we are members of one another. 6. Bankrupts ought to shun Covetousness. Sixthly, the Bankrupt aught to abandon all Covetousness, and to have a lowly mind, and to be well content with his estate: for a Covetous purpose to be rich is a great spur and provocation to much injustice; they that be sick of this malady fall into tentation and snares and into many foolish and hurtful lusts. 1 Tim. 6.9. The wages of deceit, which caught Balaam, will chain up these men to their confusion. Let a man be a slave to these covetous and furious desires, Jud. 11. they will draw him into destruction and perdition: for the love c 1 Tim. 6.10 of money is the root of all evil, after which while some coveted, they erred from the faith, and pierced themselves through with many furrows. Wherefore as much detest them as thou wouldst the Egyptian thiefs, d Senec. ep. 51. who pretend love and embrace strangers with an intent to strangle them. Let thy desires e Idem. epist. 11. be moderate, thence canst thou not fall. We err f Horat. carm. 3. in calling him rich who possesseth much; that name is better placed on him, who wisely useth Gods gifts, and hath skill patiently to bear poverty. A man is so much the happier, by how much his farthel is shorter trussed up for his journey. Why then should any man covetously thirst after riches? A little h Psal. 37.16. which the righteous hath, is better than great plenty of the wicked: yea better is a little with fear of the Lord, than great treasure where there is vexation and iniquity: Wherefore i Heb. 11.6. let your Conversation be without Covetousness: for by conquering a Covetous and high spirit, you shall possess a larger Kingdom, than if you should reign over Lybia and the furthest parts of the world Northward, Horat. 2. Carm. and make both India's do you homage. 7. Bankrupts must shun perjury, and keep covenant. Seventhly, Bankrupts ought to shun perjury, and perform their Covenants. For perjury is a sin abominated a Erasm. de ling. by the heathen, among whom this speech (I swore with my tongue, b Euripid. in Hippol. my mind is unsworne) was held most wicked and unjust; much more should a Christian take heed of all manner of perjury: Hear how some Nations punished it: Among the Indians c Alex. of Alex. B. 6. c 10. he who was convicted of perjury, was punished by having his fingers and toes cut off. By the Egyptian laws perjured men d Deod. B. 2. Alex. B. 10. had their heads cut off: because they were guilty of a double crime, First, for violating their duty and faith to God; Secondly, for not holding and observing fidelity with men; which is the greatest bond of humane society. And even e Idem Alex. at this day the humane punishment is disgrace and infamy, the divine punishment of perjury is destruction. That men may seriously avoid both: Let every man esteem more his God than his gold, and Godliness than gain, and ever observe faithful dealing in all his actions. The Romans were so careful of their fidelity that they founded a Temple of Fides or True Dealing in their City, to teach all men to express faithfulness in all their words & deeds. And that fidelity might be inviolably observed by the Romans, Numa g Plutarch. their 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 lose 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 resplendent rays of faithfulness and truth. 8. Bankrupts must deal justly in all their courses. Eighthly, the Bankrupts ought to observe just dealing in all their Courses. It is a most undoubted truth, that it is impossible entirely a Tacit. Ann. to observe just dealing, where a man hath an eye to the greatness of his gains: Let each man b Ambros. in his Offic. therefore think with himself, that a man ought not to decline from true dealing, nor wrong or beguile any man thereby to advance his own estate. Heathen Tully therefore said well, that the markets and minds of men were both to be purged from c Orat. for Rabir. all footsteps of wicked and unjust dealing. And God by Esay d Esay 1.16. biddeth, wash ye, purify ye, put away the evil of your do from before mine eyes, cease to do wrong, learn to do good. And Lanctantius e B. Of true worship. 6.13. saith rightly, It is the chief point of a wise, just and holy man to account it his riches to deal justly. And if any man be otherwise minded, though he pass Crassus or Croesus in wealth, yet he is to be reputed a poor man. And therefore a wise man f Sense. of an hap. life. will let no penny come within his doors, that had not an honest and just entrance. Stob. Serm. 42. If example will prevail with us, The Ethiopians, especially the Macrobians were (and are so styled 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 sojourns among them, they keep him secure from all harms. The Thuriacks much exercised in Merchandise, 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 mountain and rest in thy holy hill? Answereth: Even he that walketh uprightly and worketh righteousness. A Bankrupt must ninthly avoid hypocrisy, and be truly virtuous. 9 Bankrupts must be truly virtuous and avoid hypocrisy. St Bernard complained a Bern. on Cant. Serm. 602. that in his days the filthy contagion of hypocrisy spread itself into many men's minds and became the more dangerous and desperate, by how much it was more common; because connived at. The best Counsel and most compendious way to root out this mischief, is to strive for a serious and true performance of each man's duty; for as the light b Cic. 2. de finibus. of the Sun makes the light of the Candle seem nothing, and quite extinguisheth the pleasure and benefit which we took in it: so the splendour and nobleness of true virtue will Eclipse and darken the esteem of all outward things and the covetous desire thereof. Virtue and true godliness maketh men truly noble, and entitles them good men. Therefore, whatsoever wild c Horac. Epod. and fruitless boughs spring in thy heart, prune them off, and graft better fruit thereon, even the fruit of true virtue, which is the peculiar good belonging to mankind, expecially to a Christian man, who beareth about in him the Image of his God, and is never more mindful of the Name of God, than when he is not only an hearer of God's 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 splendour of pearls and precious stones, Lanctant. Instit. 5.8. as with everlasting and glorious ornaments of true virtue and an holy life. 10. Costly apparel must be avoided. Tenthly, such as would not be Bankrupts, must abstain from superfuous expenses, and namely from too costly apparel: for if needless and too sumptuous outward omaments spend men's estates, Bankrupts must shun expense herein. For as Seneca saith, all goodness and virtue is extinguished by the fickle unconstancy and too great nicety of adorning the body. Alexander a Atheneus B. 12. having conquered the Persians, left the modest Grecian habit for the effeminate Persic Garb, whence the more noble Macedonian spirits deemed not the Persians so much conquered by the Grecians Arms, as the Grecians triumphed over by the Persians delicacies. And in these times outlandish and strange attire is so ambitiously hunted after, that other countries may seem 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 humours, which is most convenient, expedient, and useful, but that which is last invented, though it be most vain and fantastic: 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 seemly and decent moderation. Let men of this humour know, that these things cannot pass without God's just indignation. For God will visit b Sophon. all them that are clothed with strange apparel. Were not riotousness in Apparel and c Greg. 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 precious and costly garments, but to clothe themselves as became women professing religion, and expressing it by good works. Nor would the Gospel have spoken of a rich man clothed in silk and purple every day. Those things, d Epictet. which we use about our bodies, are for our souls sake, and for life's preservation, as meat, drink, clothing, houses, attendants: whatsoever therein serveth for superfluous ostentation and delicacy is to be rejected. A cleanliness, not womanish or odious, Tully Offic. but such as may free us from Clownish & uncivil neglect of ourselves, doth best become us. As in most things else, so in apparel, a mean is best. Besides there is a clothing more precious and honourable than golden Tishew, and all outward bravery: And that is the putting f Eph. 4.24. Zanch. ep. to Q. Eliz. on of Jesus Christ: Here is the true ᵍ and most comely garment of all; to obtain which, each man should employ 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 appear beautiful and gracious in the cyes of the most High. 11. Stately building is to be avoided. Horat. Carm. 2. Eleventhly, he that would avoid impoverishing of himself and being Bankrupt, must not build for his private use stately houses and magnificent palaces; such as his own ground will not sustain, without extending their foundation into his neighbours and Clients bounds, nor his estate maintain without borrowing. Such bvilders commonly forget their Sepulchers, and set their debts farthest off from their thoughts; yea they b Sallust. make all things about them more worthy to be seen than themselves, and take great care to have their buildings an honour 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 mere shows, vanities, bubbles? Solomon c Eccles. 1. built him royal houses, prepared gardens and orchards: So that he was great and increased in all things beyond all that were before him: But when he had thus denied his eyes nothing which might content him, and had considered with himself, and justly judged of the works of his hands, behold all were but mere vanity and affliction of Spirit. B. 1. of true worship. For (as saith Lactantius) they are soon either ruinated by a sudden earthquake, or consumed by fire, or taken away by enemy's 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 vain things? This made the Heathen f Cic. Offic. 1. Orator to dehort from sumptuous and magnificent buildings, and to require a mean and measure as in the whole course of man's life, so especially in building. And surely let a g Epist. 7. man weigh all things duly, and he will, as Seneca adviseth, think meanly of all ornaments and glorious superfluities, which the needless labour of man produceth, and count nothing wonderful, but the soul which being of greatest worth of all things in this world, can here find nothing greater than itself. Besides let a man h Cicero. look upwards and behold the everlasting palace and mansion above, then can he not set his care, or fix his hope and trust on buildings, lands, or any humane mane thing, which the common sort of men so much applaudeth. And therefore sacred scripture telleth us of an house i 2 Cor. 5.1. and building not made with hands, but eternal in the heavens, where is all perfection of bliss and happiness. So that it cannot otherwise be, but that thou shouldst disesteem thy rooms set out with marble and precious stones, Cyprian Epist. to Donat. and the vaulted roof glittering with gold, when thou remember'st, that God hath prepared for thee an heavenly house, in which he himself abides as the Temple. 12. Riotous and sumptuous banqueting is to be avoided. In the twelfth place riotousness and sumptuous banqueting is to be avoided. And why should a man lavish out his wealth in prodigious and prodigal banquets? Why should he seek for delicates from all parts, and never think his table sufficiently decked and a dorned? Tacit. hist. 4. Sense. col. 95. In old time men contended to excel one another in virtue and moderation; and now will they outvie each other in wanton and needleste riot, in curious dainties, and night-revelling and banquets? Is all frugality so banished that men b Idem. are not contented to glut their teeth, palates, stomaches and bellies, but have gluttonous eyes, not easily satisfied? did they but consider c Cic. 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. Surely d Senec. ep 65. man is a more excellent creature and borne to higher matters, than that he should become a drudge to his body. And shall he e Cicer. parad. , when God hath given him a soul, than which nothing is more excellent and divine, so abase and vilify himself, that he shall make no difference between himself and a beast? Let him rather think, Alex of Alex, B. 3. c 11. what becometh the endowments given him by God, and avoid rare, new invented delicates, richprized and sumptuous dishes, exquisite sauces and provocatives of gluttony. If any pretend that different times require different manners: I wish that g Plaut. in Trin. old and frugal course of frugality and sobriety might rather do man honour, and maintain his strength and hardness, and fit him for virtuous actions, than new and worse course and manners make him contemptible, effeminate, and unfit for any worthy employment. But some will say, custom hath prevailed, and if there be a fault of that kind among men, it is not at all discerned: because it is grown common. St Gregory answers this, Greg. c. 10. in the decrees. saying that custom is not to be of force to induce any man to sin; An evil custom as an evil humour or disease in the body, is to be purged out and quite extinguished: lest wicked men should draw it up by degrees into a privilege. Let a pious Christian rather learn how little serveth to maintain a sober and religious life, and what moderation contenteth and best fitteth nature, and so shall his mind be hardened against excess, and taken off from from all allurements to pleasure and deliciousness. 13. The Bankrupt must avoid pleasure. The Bankrupt in the thirteenth place to shun all excess of pleasure and to bridle all exorbit and desires, and free his mind from all pernicious and voluptuous incitations to evil: Let him give care to the Apostle, who saith, Beloved a 2 Pet. 2.11. I beseech you as strangers and pilgrims, abstain from freshly lusts which fight against the soul. 'Tis a high point b Hieronym. Epist. of virtue for men that carry flesh about them, not to live according to the flesh, but to watch this enemy included and carried about in them, with Argus hundred eyes; that the soul and better part become not slave to the body and worse part of man. Man hath a continual warfare to exercise himself in: he is never at quiet; diversities of pleasures do still and ever invade him; what a careful watch, what scouts & sentinels, what strong bands are to be prepared for the opposing and overcoming so subtle, pernicious, Lactant. and mortal a foe. Suppose we that these things be so, though the fight be dangerous, yet is the victory glorious, which he shall obtain who subdueth and quelleth his unruly affections, banisheth poisonous pleasures, warreth against all beastly lusts, and endevoureth to compose his life after the rule prescribed by the divine and sacred laws. And this shall any man more easily do, if he consider with what endless pain & intolerable torment a short and small pleasure is bought. If any say, I find 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 softness and easiness of mind is to be rejected, and manly courage put on; the affections are to be tamed and chained up: for unless they be mastered and made to obey, they will domineer and overrule. Rom. 6.2. A care therefore must be had that sin reign not in our mortal bodies to make us obey it in the lusts thereof: So shall the swelling, proud and unruly motions of men's minds (though become unbridled and wild by prosperity and success, and lashing out beyond the bonds of reason and right understanding) be crubbed and made obedient to reason and temperance: So that the Soul shall more safely sit as Queen, and ruling more easily the quelled affections (which otherwise would draw men from obedience to God's Law and reasons direction) more seriously and earnestly employ itself in the duties of piety and equity, and for ever here reign over inordinate lusts & pleasures, till at length it reign in heaven with Christ, & be freed from the least molestation and fear thereof. The Conclusion. Thus fare have I proceeded to open the remedies of Bankrupts courses, & in brief have set down, what I judged most profitable, useful and effectual. My wish and desire is; that my Counsel may prove as pleasing, as it is wholesome; and may not only delight, but Cure: which it will do, if it pierce not the ears of men only, but the hearts too; And be not suffered there to lie fruitless, as seed lying on the top of the ground, which drieth, withereth, and cometh to nought; but take deep root in the bottom of men's hearts, and by the rays of God's goodness shining thereon, prove most fruitful. They whose bodies are wasted & weakened by a lingering disease long growing by degrees upon them, must be cured by a continual course of Physic, and by daily evacuations and cordials be brought to a due temper again: So the sickness of men's minds and harmful maladies long rooted therein, cannot possibly be cured, unless the Physic here prescribed be faithfully observed, and frequently and daily used, and the due circumstances of the precepts & directions for the planting of virtue and extirpating of evil, most conscionably put in practice: which that it may truly and indeed be done and effected, I humbly and hearty beseech God the sovereign ruler of all to grant. FINIS. Imprimatur, johannes Hansly.