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A11530 The practise of the banckrupts of these times in whom are considered, 1. Their fraudulent and deceitfull actions. 2. The evills accompanying their courses. 3. Laws and punishments ordain'd to curbe them. 4. The charitable cure of so great an evill. A worke now very necessaary. Written in Latine by Mr Dainel Sauterius, and made to speake English for the generall good of all commerce. Sauter, Daniel. 1640 (1640) STC 21779; ESTC S101653 47,753 130

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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 houshould is worse than an Infidell Consider consider these things I say all yee which blush not to please and solace your selves in the evill courses of your most dishonest and unjust playing the Banckrupts Amongst the former evills Eleventhly Banckrupts endanger their owne salvation the courses of Banckrupts in the eleventh place draw them often into the losse of their owne Salvation For how can it otherwise be when by hooke and crooke they unjustly inrich themselves with other mens wealth and rob others of their livelyhood and so indanger the robbing of their owne souls of happines Woe be to him saith the Prophet a Habac 2.10 which coveteth an evill covetousnesse to his owne house and sinneth against his own soule Wonder not at this for behold the b Ang on the Psa divell sets before thine eyes thy neighbours goods to intice thee to evill these goods thou canst not get without fraudulent dealing They are the bait fraud is the snare O wretched man why dost thou so eye the bait that thou seest not the snare there is no way to get the goods but by fraud and subtilty and if thou makest use of deceit and wiles needs must thou bee taken and if thou beest taken what canst thou expect but losse of thy soule Hence it is that many catching at gold captivate their soules and for fruition of money adventure upon perdition of their owne salvation O folly of men who to advance their gaine run heedlesse on their bane What a madnes is it to get gold and lose heaven What c Aug. Serm. on Christs W. profits a chest full of Gold if the Soule be empty of hope of Salvation Wilt thou have good and wilt not thou thy selfe bee good blush blush at the sight of thy goods sith an house replenished with goods calleth thee her Godlesse master What d Mat. 16.26 will it profit a man to gaine the whole world and lose his owne Soule or what can a man give in recompence for his soule what can that which a rich man hath doe him good if he have not God who hath all things at command These things should be your dayly and serious meditation but oh your disturbed and perverted reason oh your unbridled desires oh your dissolute counsells How long will this your fury delude you whither will this your undounded licentiousnes carry you Are your minds so inflamed with folly your desires so infatuated with the love of money that the feare of God and care of your Soules cannot make you more considerate and with-draw you from your thirsting after Gold Let the salvation of your soules move you let it I say move you to consider better of your courses for if the Soule be once lost you shall be for ever after most miserable Thus far have we treated of the severall kindes of sins the mischievous joyes of perverted soules which doe proceed from the fraudulent dealings of Banckrupts we have painted out their folly in its due colours but not so fully as wee might have drawne it to the life for there can be no such depth of invention no such Copie of Elocution no such divine and incredible fluence of speech which can I will not say fully expresse but so much as number up the mischiefs arising from the courses of Banckrupts Surely as Covetousnesse in the Antients esteeme comprehended in it all vices in a lump So wee may judge that the fraudulent courses of Banckrupts have a Confluence in them of all evill which any man will easily grant if hee well and seriously weigh all their actions As for us wee contented our selves in few words to lay open few of their evills in this briefe discourse THE PRACTISE OF THE BANCKRVPTS OF OUR TIMES The third Part Which declareth the punishments decreed to be inflicted upon them Great punishments have been decreed for Banckrupts WHat then shall Banckrupts run on in their sins unpunished God forbid shall bonorum extortor a Terent. Senec. 3. of Benefi legum contortor a cheater of men a wrester of lawes escape Can courses so hatefull passe unpunished The Heathen Oracle said Never did any c Herodot man guilty of unjust dealing escape the whip of revenge T is d Menand as it were fatall and unavoidable that the unjust and injurious designes of evill men should be required with their deserved doome Even the wisest sort of Heathens held e Salust it for a truth that neither the good nor the evill deeds of men should passe unregarded but that a different requitall should attend both good and bad according to the nature of their deeds And herein rightly have humane lawes imitated the true patterne of Gods Justice for our Ancestors f Tacitus Ann. have ordained that where Crimes went before due punishment should follow after Let us then briefly collect the severall lawes of our forefathers enacted against Banckrupts and in order set downe what hath been decreed First by the lawes of Nations Secondly by the Cesarean lawes Thirdly by severall Kings lawes Fourthly by the Common law Fifthly by Gods Law So shall we meet with those fraudulent persons in many of their evill and enormous dealings And surely needs must these Banckrupts be a most wicked and bad kinde of men Benven had wee no other Argument to prove it than so many statutes and lawes in severall parts of the world which have been ordein'd to represse reforme their naughtines Let us now in particular set downe the lawes and ordinances of the Antients in their own words and tenor 1. The lawes of Nations against Banckrupts The Lawes of Nations by which in severall Commonwealths the states thereof are upheld have an aime and respect to this That humane societie and conjunction may be kept in safetie and therfore if any man trespasse against this they inflict on him death or banishment or imprisoning or amercement Now heare their different lawes against banckrupts The Romans decreed that the debter owing very much to his creditors Alex. ab Alex. B. 6.10 should satisfie his debts by deviding his substance amongst them and being deprived of all his goods should be put into prison and Chaines and afterwards that his joynts should be devided at the pleasure of the Creditors amongst them The Egyptians ordeined that satisfaction should bee made by the debtors goods and estate but no punishment to to be inflicted on the body Alex. ab Alex● ibidem for they held mens goods lyable to satisfie for debts of money and not their bodies yet they used to pawne the embalmed bodies of the dead for money and held it for an
excepted be fetched and taken thence and that their goods and estates if they brought any thither bee taken thence Notwithstanding we will that the priviledges and liberties of the said Cities Townes and places whatsoever enjoying any freedome abide and continue unto them in all other causes and occasions And also We ordeine that the Banckrupts and their Assistants before specified being proved and adjudged so to be shall be punished as Theeves and violaters of the publick good and that without Connivence or delay for an example to all others And further that the goods and estate of the said Banckrupts and their Agents and helpers be taken from them and be deposited and kept in some place convenient for the benefit and right of the Creditors as shall in Justice be thought meet Further that the Wives of the Merchants or Traders who prove insolvent and the goods in which their Wives either in their Husbands presence or absence have dealt by buying or selling in open Market be lyable to answer for and satisfie the Husbands debts in which he ingaged himselfe during the time of their marriage Wee will also and Command that all Merchants and Chap-men or women who fraudulently to deceive their Creditors flye out of our dominions and abide elsewhere within forty dayes after the publication of this edict doe returne into the place of their usuall dwelling in our Territories and that within forty dayes more they make satisfaction to their Creditors which thing unlesse they doe within the forty latter dayes prescribed We ordeine that the Banckrupts themselves as also all their assistants aforesaid be for ever banished out of our Territories and dominions never to returne into them againe Furthermore wee Command that all Contracts fainedly fallaciously and fraudulently made be frustrate and of no force and validity And that all the Creditors of Banckrupts and their Partners and of other fugitives for debt joyne together in the felling of the Banckrupts goods and whatsoever can be found for the discharge of the Banckrupts debts and that a regard be had to the proportion and valew of each Creditors debt without any partiality to satisfie any particular man Neither shall any Creditor benefit himselfe by preventing others in arresting the goods of any decayed person though it be done in any priviledge place whatsoever Nor shall the Customes rights or lawes of any place whatsoever made to the contrary hinder what herein we Command for our pleasure is That in the foresaid cases they be of no force and that if the cause so require by this our constitution they be of no validity 3. Kings lawes against Banckrupts 3 Divers worthy provident and potent Kings have enacted strict lawes against Banckrupts Plato a Plat. in Alcib said well that the Providence of a Governor consisteth in consulting well for his owne and his peoples welfare This thing the French Kings truly carefull of their peoples good duely weighing most providently enacted good lawes for the due punishing of Banckrupts for being informed that this crime grew too too common by its impunity which 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 weakning of Kingly State they therefore made speciall use of their princely power in purging out all great enormities of Banckrupts This may appeare in their severall decrees against them 1. Francis the first of that name King of France decreed Anno 1536 That Banckrupts and their partners and adjutors should be severely dealt with and diligent inquirie made witnesses and other extraordinary remedies used and the fault apparantly found the persons guilty should have some corporall punishment inflicted on them according to their desert either by putting them into the pillorie or some other way as should seeme good to the Judge In which decree what may seeme severe seeing c Cic. Offic. 2. that for the good of the Com-wealth severitie is to be used without which no state can bee well ordered Better is it by * August Confess 9. severity to expresse love to the Commonwealth than by lenity to ruinate it Wee cut off a finger that the gangrene may not proceed to the Arme So offendors are justly punished that their sin proceed not further to the detriment of the whole bodie politike 2 Charles the niuth King of France in an assembly of the Peeres and States at Orleance did constitute that fraudulent Banckrupts should be extraordinarily punished and afterward put to death Who can finde fault with this The publicke good so required for hee 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 Hee is the dispencer f Arist polit of Justice and will not suffer the rich to be invaded by the poore nor the poore contumeliously used by the wealthy 3 Henry the third renewed and confirmed this edict against against Banckrupts at Bloys Anno 1579. And let not any man hence tax him of severity for hee that sits at the sterne in the tempestuous sea of Civill affaires ought ever to have his eyes bent and intent to advance the Common good of all Cic. Offic. 1. And men in authoritie are to provide for as the safety so the benefit of the people who called them to their place and not to minde onely their owne profit and safety who are called thereunto And herein especially differeth saith Aristotle a King from a Tyrant the one studieth and procureth his owne benefit the other the Subjects welfare 4 Henry the Fourth Successor to the former as in Kingly authority to in prudent administration of Justice did by his Royall edict severely meet with the Crafty arts audacious tricks in Banckrupts courses Read his constitution against Banckrupts and failing tradesmen enacted in the supreme Court June 4. Anno Domini 1609. Thus far of the French Kings edicts against Banckrupts Lawes in England made concerning Banckrupts Nor have the Princes of England been backward in this kind but have seriously considered the mischiefs which were incident to Commerce and humane societie and to the well ordering of the Commonwealth and which have been pulled upon us by the subtle and unconscionable ungodly dealings of Banckrupts and thereupon our said Kings have with great care and circumspection provided good and wholsome lawes to prevent or punish Banckrupts courses Anno 34. Hen. 8. A statute was was enacted for remedying the harmes and evils befalling this land by Banckrupts Also Anno 13. of Fliz. cap. 7. more fully was declared what Merchants or Tradesmen c. departing this Realme or keeping their houses or willingly being arrested c. to defraud their Creditors c. shall be counted Banckrupts And further is enacted how Commission shall be granted by which the body and goods whatsoever of
THE PRACTISE OF THE BANCKRVPTS OF THESE TIMES In whom are considered 1 Their fraudulent and deceitfull actions 2 The evills accompanying their courses 3 Laws and Punishments ordain'd to curbe them 4 The charitable cure of so great an evill A worke now very necessary Written in Latine by Mr Daniel Sauterius and made to speake English for the generall good of all Commerce LONDON Printed by John Norton for William Garret Anno M.DC.XL TO ALL THE HONORABLE AND WORSHIPFULL And all other of what degree soever who have occasion to deale in any passages betweene Creditors and Debtors the Translator wisheth all happinesse HOnorable and Wor ll I am not so perversly minded as not to discerne nor so ingratefull as not to acknowledge Gods great goodnesse to our Nation in granting and bestowing on us as all things needfull for our bodies so also plentifull and necessary instructions for our soules Yea I behold with much joy many of the Sages of our Law and others in place of Government adding to their skill in the Laws of this Land and promptnesse in matters concerning mens temporall estates the knowledge of Gods sacred Book and heavenly skill as for the Salvation of their owne souls so also for keeping others from unjust courses prejudicing their eternall estate I see this I say in many I hope it in the rest hence therefore I am induced to present this Treatise to the Patronage of all such as love Gods sacred truth and be in place and strive to promote faithfull and just dealing betweene man and man without which two props the Commonwealth may desire but will hardly finde true safetie So that their endeavour is highly to be commended who imploy their thoughts and paines in upholding the same Subtle heads may devise and worldly policie may forge many shifts but justice armed with insight into divine and humane lawes will never or not easily be deluded Goe on therefore with noble and undanted resolutions shew your selves still and ever men fearing God and hating Covetousnesse By rooting out of the vice in this Book treated of take away the blemish of Merchandise the subverter of faire and just dealing the bane of Widowes and Orphanes and many others the underminer of Iustice the staine of Christian profession So being faithfull in discharge of your places for a short time here God of his mercie and goodnesse will advance you to a place of endlesse blisse hereafter To the most Noble High and Prudent Counsellors of State in Holland ANcient writers to ennoble the force of Musick have recorded that it hath cured divers infirmities both of body and minde How farre their relations may bee credited may not without cause be questioned But t is undoubtedly true that the diseases of mens minds have been and are often cured by pious reproofs seasonable admonitions faithfull counsels and religious directions For to this end God hath given us his sacred Scripture that it might be a Closet and store-house full fraught with medecines of this nature by which the depravations of humane frailtie may be corrected and men bee perswaded which God often inculcateth to eschew evill and doe good Having well weighed this with my selfe I resolved among other Ecclesiasticall performances of my calling to attempt the cure of a most dangerous and pernitious sore among tradesmen who by crafty devices and ungodly courses become Banckrupts to the disgrace of their calling disturbance of the Common-wealth impoverishing of their Creditors and the discredit a thing much to be lamented of Christianity And surely much the worse are the practises of delinquents in this kinde because God of his especiall favour hath given us plentifull knowledge and divine directions most cleere to keep us in the wayes of God and in honest faithfull gratious and Christian dealing Further when I saw and considered the ill consequents of Banckrupts naughty practises I judged them more hurtfull and mischievous thā their diseases who are affected and afflicted with corporall maladies of what kinde soever for bodily diseases especially grieve the outward man of the partie diseased often conduce to the safety of the soule Whereas the evils accompanying Banckrupts proceedings cause much detriment and harme to all such as deale with them and cast the Banckrupts headlong into many sinnes prejudiciall to their soules Thence it is that often yee shall find Banckrupts deafe to good counsell lame and not able to tread in the pathes of equity blinde and not willing to see what belongeth to faire dealing Men distracted and such as be infected with the plague are shut up in close places from doing mischiefe But banckrupts frequent Markets and places of Commerce and by crafty cunning carriage wrong full many Obstructions in the veines may breed some diseases in mens bodies but the intentions and dealings of these craftie deceivers cause obstructions and stoppage to all faithfull dealing trading Wherefore I have in brief 1. Layd open the diseases of Banckrupts 2. Shewed the vices incident to them 3. Declared what laws have bin enacted to prevent their evill dealings 4. Vnfolded the remedies necessary for the cure thereof And in each part of my discourse intermingled pious and wholsome exhortations reproofs admonitions out of sundry learned approved authors and with that moderation dealt with them that if they rightly consider of my Endeavours they shall have more cause to embrace and like of this Treatise than to maligne and reproach it I am one among the rest of Gods watch-men Exek 3.17 c. and seeing so manifest a mischiefe bred growing up and increasing might not in any wise hold my peace May it please you to accept of and take into your patronage a worke so necessarie for the Credit and quietnesse of a Christian Commonwealth and the defence and protection of many Innocent and wronged Creditors Thus praying God to protect you under the shadow of his wings and to direct you in these troublsome times for the happy prosperous mannaging of the charge committed to you I rest Your Highnesse in all Christian observance to be commanded Daniel Sauterius Mart. 20. 1615. The Translator to the Christian Reader I Wish from my heart gentle Reader that this Booke usefull as it seemeth in other Countreyes had been needlesse in ours So might I have spared my labour in translating it and you better have imployed your time than in reading it But such is the frequency and obliquity of Banckrupt courses at this day with us that it was thought necessary to fetch these Antidotes and Medicines for the same from our neighbors Countrey And J knew not where better to finde them than in this learned Author who in this his discourse hath spoken of this subject briefly and yet usefully judiciously religiously Read it thorough and seriously consider each passage No ingenuous and well-minded peruser hereof can choose but be bettered by it in his judgment as for the producing in his heart an hatred of this vice so for discerning
states of their Creditors that themselves may subsist in the world What difference f Senec. B. of Benef. then is there betweene a Banckrupts kindnesse and an enemies wish an enemie wisheth thy overthrow and a Banckrupt by pretending to supply thy life with maintenance in the end worketh thy ruine Sixtly Banckrupts hypocrisie Furthermore the courses of Banckrupts are in the sixt place full of craft and cannot want hypocrisie Doe a Plaut in Pseud but heare their humble words view their smooth faces no man can think them bad men at opera fallunt you shall find them false in their deeds 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 Banckrupts by taking and counterfeiting the colour of kinde and good men make such as come neere them their prey First then before they break they c Accurs in Benvent get store of money into their hands that they may seeme rich and able easily to satisfie their Creditors so that no man needeth to presse them And for this end they will discharge other mens d Benvent in Tract de Adjecto ingagments that they may seeme some body and good pay-masters Secondly at their very breaking they play the hypocrites and perfidiously blame the perfidiousnesse of fortune and faine Casualties that they may compound with their Creditors to their losse yea they will pretend poverty and dammages when they 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 feined teares to distill Thirdly after their breaking they conceive g Cic. orat after his rec that all their vices are hid if they but shew their faces in open market and because they beare wittingly h Lactan. with their owne vices whose sweetnes much pleaseth them will not endure to have them named but i Salvian make shew of religiousnes and assume the title of sanctity that they may colour their dishonest gaines and base shuffling dealings Though their dealing be naught yet they desire to seeme of honest and faire carriage So deceitfull is mans life so carrieth be his minde in Covert and setteth a faire face on a false heart and thinks not that k Cic. offic 1. there is no sinne more capitall and mischievous for men when they most notoriously beguile even then to make the greatest shew of honesty And surely herein is an by pocrite most dangerous because hee l Cic. catcheth and intrappeth men before they perceive any thing or can be aware And therein m Plutarch of Herodor Mal. appeareth the extremity of their injustice that they would seeme just and honest when they are not so Secondly their arrant naughtinesse that they counterfeit plaine dealing and goodnesse when they are most crafty and injurious These courses too frequent palpable may be discerned when we finde most of the Banckrupts using n Lucil. all study and art warily to place their words and cunningly to demeane themselves to cologue and to counterfeit honest dealing Thus o Chrysost hom 45. are they whited sepulchers outwardly beauteous but inwardly full of rottennesse So that whilst their slights are undiscerned by a faining duty and observance they seeme honest men but when the visard is taken off they appeare themselves such indeed as cannot chuse but bee held to be odious and detestable by all good men Seventhly Banckrupts Injustice The seventh fault of Banckrupts is injustice How can he choose but be unjust that wasteth his estate and taketh Banckrupts courses For his chiefe desire a Curt. B. 4. and aime is to deceive so that his heart must needs be far from all just dealing His minde is pitched upon his own gaine so 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 worke on it Let but d Plaut hope of gaine shew it selfe the unjust man rem divinam deferet will omit his duty to God rather than to his Mammon for he that e Horat. ep 1. maketh haste to bee rich and plungeth himselfe into the world bids vertue adieu sleights f Plutarch the repute of Justice shameth at nothing dum ob rem will doe any thing so it stand with his profit For what will not mens hearts attempt when an extreme thriftinesse possesseth them Virgil. Aurt sacra fames quià non cogit But they shall finde it better by much to leave this course of fraudulent dealing in which death and destruction with baits tempting to injustice closely concealeth herselfe than to have continued therein to their future misery Eightly Banckrupts Covetousnesse The eight evill incident to Banckrupts is covetousnes a Avarus aris avid alien Agell 10.5 The dealings of Banckrupts shew them to be covetous and ravenous after other mens money and to be like them b Erasm in Adag who count nothing sacred but gaine to whom as to their God they consecrate themselves By this they weigh out their godlinesse friendship honesty fame all things divine and humane and count all things else but trifles Their chiefe c Juvenal sat 9. prayers tend to this that their wealth and state may be advanced this maketh abstinence from other mens goods a stranger to them this maketh them ready to catch rake and snatch what ever they can 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 ruine of some caught in their snares to catch and devoure others Not unlike a River which being small and weake in the head in the progresse receiveth such increase that with a violent streame it carrieth all along with it Banckrupts I say if once through the impetuousnes of a Covetous minde they esteeme gaine more than goodnesse wrong than equity falshood than truth e Lamprid. in Comod every booty shall be conveyed into their bosome Of this temper f Plutarch in Agesil were of old the Lacedemonians who made the chiefe point of honor and vertue to consist in doing Sparta good other justice they neither learned nor knew So being wholly possessed with this perswasion they cared not whom they injured Not unlike them are our Banckrupts who to adorne their Sparta perswade themselves of singular performance if hiding their subtilties and persidiousnesse they can supplant others and rob them to enrich themselves Now if a man conclude with himself that each man desireth g Terent.
bee restored is confirmed by this speech of Augustin in his Epistle to the Macedonians Cant. 5. There is no performance of Repentance if the goods of other men bee not restored 4. To bring Banckrupts to a true sence of their sinnes and to fit them for Gods gratious work upon them and the obteyning of pardon of their offences by the edict of the Lateran Councell was decreed that they ought h Lateran Conc. under Fabian to be excommunicated who possesse themselves of mens goods unlesse they restore them to their owners their heires or others to whom by law the wronged persons goods descended because they rob and deprive them of their estates whom according to the rule of Faith they ought to relieve See here how antiently decrees were made to withdraw men from fraudulent dealings such as are the subtilties of Banckrupts and to lay Condigne punishment upon them As men cut of those parts of their bodies which want blood spirit and would harme other joynts So evils are to bee taken away from among men and to be rooted out by good lawes lest they prove pernitious and hurtfull to the Church and Common-wealth or the parts and members of the same Of which kinde we accompt the Courses of Banckrupts in getting into their clutches other mens goods and robbing and defrauding them thereof 5. Divine Laws against Banckrupts Curt. 7. Some may think the Canon Law milde because it inflicteth no severe punishment on fraudulent and crafty Banckrupts Come wee then Fifthly to speak of divine vengeance which no man can escape who layeth Covetous and false fingers on other mens goods The Heathen Poet could say They who blinded with b Eu●yp folly and possessed with madnesse out of opinion and hope of gaine neglect Iustice shall surely smart for it God whom they see not will come upon them with a silent foot and though long after will catch the wretched man Thus saith the Poet As if he had learned from Deut. 25. That he is an abomination to God whosoever doth what God forbids and deales unjustly Now God punisheth such falfe dealers severally 1 With externall punishments in this life 2 Internall punishments in this life 3 With grievous punishments after this life Banckrupts perhaps promise to themselves much happinesse by lurching others of their goods but behold how they such namely as bee wicked men among them beguile themselves not minding how great damage so small gaine bringeth unto them Heare yee this c Amos 8 4. yee that devoure the poore and thrust the needy out of the earth Alas deceived souls of all miserable men the most miserable I appeale to your selves you Banckrupts who get into your hands great sums of money lent you and with set purpose and intent run your Countries faine false courses by which you lost them that having put your Creditors to troubles suits and expence and thereby wearied them you may force them having been thus vexed to compound with you upon unreasonable conditions I pray you say what you shall gaine in the end when for that fading pelfe which you have so greedily and falsly hunted after and got by hook and crook you shall at last reap a sad and fearefull harvest O sad and lamentable harvest of externall and internall paines in this life and of endlesse paines after this life Of these I will now speake in order First God hath appointed externall divine punishment to be laid on Banckrupts 1. Externall divine punishments on Banckrupts Certaine it is that God the Law-giver hath assigned just punishment to them that unjustly get other mens goods into their hands Exod. 22.4 he maketh this law that he which taketh away another mans goods shall make restitution five fold or double according to the nature of the theft And that if he have not wherewith to give satisfaction that he be sold for making good the theft Nor doth it much skill by what means hee doth get another mans goods and taketh them as his owne possession Seing God will not have this rule of Justice that each man should enjoy his owne estate and meanes by any wicked course to be violated without due punishment yea that a Jod Nahum Domin 22. Trin. by no meanes equity may be left unvindicated God hath concluded that not the debtors only but their wives and children should be taken and become servants to the Creditors This shall be made evident by reasons and examples As it was lawfull among the Hebrewes b Ex. 21.7 Lev. 25.39 Deut. 15.12 for a man to fell himselfe and his Children also when hee was impoverished So it is credible that there was some Magistrate who at the suit of the Creditors when the debtors were insolvent did require them to sell themselves and their children that by this course the debt might be discharged This may manifestly enough be collected from the parable Matth. 18. of the King who had bid that his debtor and his sonnes might be sold that payment might be made With this agreeth 2 Kings 4. Where a Widow complayneth to Elisha that her Creditor did presse her earnestly that he would take her two Sons from her to be his servants What condition is more grievous than servitude If our deere children and wives should be taken from us and put to perpetuall servitude what lamentation what sighes would these put us unto Now it is evident by these places of Scripture that debtors who were not able to pay were in those times sold that fidelity might be observed and every man might have what in truth was due unto him Internall divine punishment Secondly God hath appointed internall punishments to light upon Banckrupts even such paines as will not onely outwardly afflict the body but inwardly also trouble the minde such as are anguish feare sting of Conscience for Conscience a Cic. or at for Cluent is implanted in us by the immortall God so that it cannot be extinguished And truly God hath for our great good given it into us that it might be b Origen the Corrector of our affections and the tutor of our reason that it might be a bridle to us before we sinne because c Senec epist it hath in it a detestation of that thing which nature condemneth and a scourge after sinne because when sin is committed it understandeth the grievousnes of it This we see to be true by experience in unjust men which though they be environed and defended which the countenance and assistance of great men yet when their consciences are troubled their mindes are inwardly gnawed with wondrous torments which never give them a breathing space never suffer thē to rest So that they are not unlike to Prometheus d Horac who is said to be chained upon the hill Caucasus and to have his liver torne continually by a devouring Vulture In this manner fareth it with Banckrupts who rob others of their money So that if not in the