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act_n day_n lord_n sabbath_n 2,571 5 9.5859 5 false
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A80411 The vindication of the law: so far forth as scripture and right reason may be judge, and speedy justice (which exalts a nation) may be advanced. VVherein is declared what manner of persons Christian magistrates, judges, and lawyers ought to be. / By Iohn Cooke of Graies Inne, now chief justice of the province of Munster, 1652. Cook, John, d. 1660. 1652 (1652) Wing C6028; Thomason E662_9; ESTC R206788 78,991 98

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spitits for truly when all is done the way of love is the best and a more winning way and if any thing about yet the fairest when the poore wretch shall see that the Magistrate loves his soule and is sorry for his misery and would not punish him but that the necessity of Justice exacts it now till this be effected why may not the Prisoners where there is no danger of running away goe out with their Keepers to the publike Preaching or if not all why not so many as can be conveniently attended upon It will be said that this might be construed to be an escape in Law What if a poore Prisoner should goe out in the morning on the Lords Day to serve God and returne at night will any Creditor be so divellish to Count that an escape As if like one that had the Pestilence he should envie the salvation and wish the destruction of his Christian Brother whom surely he reckoned so at first or else he would have had no dealing with him There is some question about Arrests on the Lords Day but I thinke the question should rather be whether any but Accomptants ought to be imprisoned for Debts there is I confesse a difference taken in our Bookes 67●25 on 27. E. 3. 9 Rep. 66. Mackallyes case that no judiciall act may be done upon the Lords Day but that ministeriall acts such as to Arrest men may be done the reason is rendred because it is a good thing to doe well upon the Sabbath certainly there is more dexterity of wit then solidity of Christian Judgement in this difference I am sorry the reverend Author should put a Bristol-stone amongst so many diamond Reasons as are in that case what manner of reasoning is this A poore man in debt would faine serve God upon the Christian Sabbath if he might goe free from Arrest The Law priviledges men going to Faires cundo morando redeundo no saies that Booke if you goe to the Market for your Soule you must be arrested and so the poore man it may be drinkes away the day and splits his Soule even upon the rocke of dispaire and whether this be not a breach of the fourth Commandement judge you for this is an everlasting rule for all Christian Magistrates that whatever any mans offence be they must take care for that mans soule I am perswaded that that which was formerly spent in Pageantlike vanities upon a Lord Mayors day would have fed all the mendicant poore about the City I professe considering what fopperies are beyond Seas a man might well have askt whether the Lord Mayor was a Christian or did honour to some Heathen Deity but blessed be God the moderation of this City is knowne and beloved of all good men me thinkes a crowne a house within the Line advanced by the Landlord should make a comfortable provision for all the Beggers I know the streetes in that populous City of Paris were so covered with Beggers that as you walkt along upon their Holy-daies you might have imagined your selfe in a continued Hospitall one Gedouen famous Gedouen Provost of the City a compassionate man prevailed to lay a Leavy of five shillings a house throughout the City wherewith the Beggers were cloathed those that could worke imployed the impotent provided for that in a moneths space a Begger was as hard to be found as a Wolfe now in England or as I hope ere long it will be to finde an Enemy to the Kingdome in the bowels of it we have many excellent Statutes to this purpose 42 Eliz. which are in substance the Law of God and can never be repealed and were there once no Beggers in London I should have some probability to nourish my faith that it would be Universall for this City is an excellent Copy for the whole Kingdome to write after I heare others complaining of numerous Priviledges but I hope the Noble Peeres and worthy Patriots will not renounce their legall rights to gratifie a company of old Usurers or cozoning oppressors for I observe that those which are conscionable in lending are curteous in forbearing and at that word Usurer my heart rises and is so brim full that it must needs a little run over poore Soules they lost a fifth part of their comforts when Money was reduced from Ten to Eight cruelty is their Genius but I hope that Trade is not long lived Luther thunders against it indeed sincere Calvin uppon occasion of many English mens flying for Religion to Franckford and Geneva taking some Money with them intreated the Bankers to allow them three or foure in the Hundred because they knew not how to imploy it but he delivered his Opinion with many cautions so as the lender gaine by it and be well able to pay it and so as none be offended by it It it the honour of our Nation that the Practice of Usury is not by any Law allowed 13 Eliz. 8. 39 El. 18. 21 Jac. 17. in point of Religion or Conscience and the words of the Statute are That all Usury being forbidden by the Law of God is sinne and detestable and therefore enacts that he that takes lesse then ten shall forfeit the interest though it be under eight which is in force to this day and might be of singular use if the proceedings by way of information or action were quick but in truth they move like ponderous bodies it is rolling a Stone upon a Hill and if there be the least mistake down it tumbles upon the Plaintiffe to compell men to deal like Christians who worse then Jewes cry out for Interest in these straight times from their Christian Brethren who have been plundered of all in the Country driven from their habitation scarce having food and rayment and where to hide their heads and yet the Usurer cries I have nothing to live upon but my Use not considering that the Debtor hath neither Use nor Principall and this is true in case of Sureties contrary to the true intent of the ancient Law that the Surety should not be questioned but in default of the Principall Si defeceris principalis untill the witty Arch-Bishop Keeper being angry with a Surety said That he that was first in intention should be first in execution and for his conceit sake sent him to the Fleet though the principall was able to have made satisfaction besides there are too many evasions out of good Statutes if a man give Bond of an hundred pound for a Horse not worth ten pound this they say is no usurious Contract An old Usurer delivers twenty pound to a young Heire and an old Bond of eighty pound not worth sixe pence Morsura non usura who gives Bond to pay one hundred pound this is divellish biting but it must not be called Usury within the Statute though I conceive it cleerly within the intent of the Law-makers When we object stewes against the Papists they say they will