Selected quad for the lemma: book_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A25117
|
A Treatise of civil bonds and obligations shewing the nature, use, and dangers of such contracts : with cautions against suretiship / by R.A.
|
R. A.
|
1688
(1688)
|
Wing A28; ESTC R4069
|
83,886
|
209
|
A TREATISE OF CIVIL BONDS AND OBLIGATIONS SHEWING THE Nature Use and DANGERS OF SUCH CONTRACTS WITH CAUTIONS AGAINST SURETISHIP By R. A. Licensed March the 17th 1687 / 8 R. M. LONDON Printed for the Author 1688. ERRATA PAge 12. l. 12. f. in security r. insecurity â— l. 5. f. be r. besides a. p. 45. in the Margâ— debitis r. debiti p. 52. l. 20. f. wear he p. 53. in the margent r. Gejerus p. 60 in the margent veta r. arcta p. 61. l. 28. f. difference r. defe p. 74. l. 18. blot out the. p. 177. l. 7. f. incontiâ—ces r. incontinences TO WILLIAM BROMLEY Esq SIR WHEN I consider the Temper of your Mind the manifest sincerity of your deâ—tment and your ardent Affection 〈◊〉 the Peace and Prosperity of the â—ngdom I cannot wonder that so â—ch real Worth should purchase you general Esteem and Love in the â—asts of all your Acquaintance â—d procure you a Right to a Seat â— one of the greatest Councils that this day in the Christian World. â—nd tho' that inestimable Modesty â—hich clearly appears in your dispoâ—ion and converse restrains me from speaking all that I think yet siâ— I cannot think out all that you serve an utter silence would be less unpardonable than Flattery detestable The World knows hâ— to place you in the Catalogue of â—triots whose Merits transcend thâ— years whose Manners are exempâ—ry to their Superiours and shed broad profitable influences upon degrees and whose Honour raâ— the Emulation of aspiring Spirâ— Had I not a sure perswasion of yâ— Goodness and Candour I could â— presume to send so poor a Preâ— as this to your hands or desire tâ— it may find a quiet repose under umbrage of your Favour My snâ— acquaintance with you hath enrâ—ed me with plentiful demonstratiâ— of your great Vertue and incouâ—ged me to offer this minute Tracâ— wait upon you as being agreeablâ— your habitual inclination to the pâ—lick good I cannot think that â—ther the composure thereof or â—le is worthy of your acceptance approbation For when I reflect on the form and contexture of my â—scourse I have some cause to susâ—ct that it is not so correct or methodically contrived but that may be liable to censure and I have â— mind to put the uneasie trouble on you of sheltering my imperseâ—on with your Patronage But beâ—g sufficiently conscious to the curâ—at of my well directed intention â—hich is to save honest men from â—eats and Dangers and to tender â—em my charirable advice for their â—ety and peace I do not doubt â—ur favourable construction of the â—tter and design of it Which not â—ly for the rarity of the Argument â—t the general usefulness thereof â—y look for a valuable regard from 〈◊〉 who can but breath good wishes 〈◊〉 the happiness of humane society â—d expect a ready furtherance from â—ose whose abilities have rendred â—em capable of Publick Communications and I know your publick Spirit can make a fair and reasonablâ— Apology for such a purpose and youâ— forward Charity can hide a multitudâ— of the Authors infirmities when thâ— good meaning of his Labour is manâ—fest to all Observers And since I anâ— many ways obliged to your Family I have no better occasion at presenâ— to render my thankful acknowledgment than by presenting this welâ— meant Treatise to your disposal as Token of that gratitude I ought to express and practice and upon all opportunities must ever be performeâ— by Sir Your most Faithful anâ— most Humble Servaâ—â— R. A. THE PREFACE TO THE READER THO' some look upon the numerous off-spring of the Press with the like discontented eye â—herewith an ill Natured Father beâ—olds the number of his Children as a Burthen rather than a Blessing Yet I â—m apt to think that many useful Books â—re still wanting and I hope that Fuâ—ure Ages will produce clearer Excelâ—ences of profitable Learning and betâ—er improvements of knowledge than we â—â—e yet acquainted with It is observed by the famous Lord â—acon Chancellour of England Bacons Advancement of Learning l. 8. p. 37 371. That concerning the Wisdom of business whereâ—n Mans Life is most conversant there be no Books at all Written of it except an handful or two of some feâ— civil Advertisements that have nâ— proportion to the magnitude of thâ— Subject for if there were Books extaâ— of this Argument as of other I doubâ— not but Learned Men with mean expâ—rience would far excel men of long eâ—perience and out shoot them as thâ— say in their own bow Neither â— there any cause why we should fear leâ— the matter of this knowledge should â— so various that it could not fall undâ— precepts for it is much narrower thâ— the Science of Government which noâ—withstanding we see is exactly labourâ— and subdued Of this kind of Wisdom it seemâ— there have been some Professors among the Romans in their best and wisâ— times For Cicero Reports that was in use a little before his time 〈◊〉 Senators who had the name for wise aâ— experienced men the Coruncanii Oâ—rii Laelii and others to walk at ceâ—tain hours in the Forum where thâ— might give access and audience to 〈◊〉 Citizens and might be consulted withâ—l not only touching point of Law but of all sorts of business as of the Marriage of a Daughter or of the bringing up of a Son or of a purchase â—f a bargain of an Accusation of a â—efence and every other occasion inciâ—ent to mans Life The Subject I have chosen to insist on â—â—ongs to this Argument I must conâ—â—s that I have neither read over great â—â—braries nor seen manâ— years yet I â—â—ve sometimes wondered that after the â—st inquiry I could make I never yet â—â—ld find beside the Code and Digest â— one small Tract concerning Suretiâ—p as if the management of this Subâ— were unworthy of the Labours of a â—arned Pen. Whatever may be extant in this kind â—t relates to the Wisdom of business â—ere's nothing which may any way be â—â—pared with those Aphorismes which â—lomon the King of Israel set forth â— whom this Testimony is given that heaâ—t was as the Sands of the Sea for as these do incompass all the utâ— bounds of the World so his Wisâ— comprehended all matters as well mane as Divine in whose Parables many Excellent Precepts and Advâ—â—tisements springing out of the profoâ—â— Secrets of Wisdom and flowing over iâ— a large Field of Variety We know by consulting this Râ— Author that the matter of Suretiâ— is not wholly neglected in Scripture â— general Commentators could not fiâ— their undertaking without touching uâ— what is written in all the Proverbâ— Solomon in the course of their inâ—pretation But I never met with â— yet could hear of any Book extant tâ— is ex instituto written upon this Sâ—ject and tho' there may be some whâ— of I have not seen one yet the Sâ— city will justifie my present Labour I have heard many lamentable stoâ— of Families ruin'd by rash and inconsâ—rate Suretiship
and unâ—e It must be granted that there are maâ— Mysteries in Divine Providence suffiâ—nt to assoil the rash and uncharitable â—sures of all private Tribunals usurped â— blind Envy or Malice Yet it is not â—ly consistent with the Notion we ought â— have of a most perfect Governour of â— World but with the sense of the Saâ—d Canon whereby the Will of the â—hest Sovereign is revealed to Mankind â—t we believe that he blesses the State â— the just and curses the Familes that â—ve not the Knowledge of his Name If God be in our Adventures and his â—ory rest upon small things Aarons dry â—d shall flourish Sarahs dead Womb â—ll spring forth a Son and Davids inâ—cernibleness shall encrease into a Kingâ—m But all our Strivings are as Babel â—thout God We do no better than â—rite upon Dust or Sow upon a Rock â— Role up a Stone that will retreat â—th Fury upon us And if in our course â— Life we stand against God our brightâ— Glories shall vanish into contempt our Wisdome into foolishness our poâ— into Weakness and our possessions iâ— Beggery The Crown of true Glory â—dorned with the sweet Flowers and pâ—cious Gems of plentiful Blessings was â—ver made for the hairy Scalp of such one who goeth on in withstanding â— Will of his Maker But rather the flyâ— Roll of Curses shall rest upon his Brâ— When Zachariah the Prophet had a Viâ— of a flying Roll an Angel gave him Interpretation thereof saying This is Curse that goeth forth over the Face of whole Earth Zecha 5.3 4. for every one that stealeth â— be cut off as on this side according to it every one that Sweareth shall be cut off aâ— that side according to it I will bring it fâ— saith the Lord of Hosts and it shall enter to the House of the Thief and into the Hâ— of him that Sweareth falsly by my Naâ— and it shall remain in the midst of his Hâ— and shall consume it with the Timber theâ— and the Stones thereof The Prophet Jeremiahs Heart was â—ken his Bones did shake he was straâ—ly transported and as it were intoxâ—ted with astonishment When he coâ—dered the Wickedness of the Land â— and the judgment that should be Exâ—ted upon the Inhabitants thereof â— Land saith he is full of Adulterers Jerem. 23.10 11 12. â—r because of Swearing the Land Mournâ—h the pleasant Places of the Wilderness are â—ied up and their course is Evil and their â—rce is not right For both Prophet and â—iest are prophane yea in my House have found their Wickedness saith the Lord. Therefore their way shall be unto them as â—opery ways in the darkness They shall be â—iven on and fall therein For I will bring â—vil upon them even the year of their Visiâ—tion saith the Lord. The Prophet Hosea proclaims a Conâ—oversie which God had with the Inhabiâ—nts of the Land because there was no â—uth nor Mercy Hosea 4.1 2 3. nor Knowledge of God â—erein But by Swearing and Lying and â—illing and Stealing and committing Aâ—ltery they broke out and Blood touched â—ood Therefore shall the Land mourn and â—ery one that dwelleth therein shall languish â—ith the Beasts of the Field and with the â—wls of Heaven yea the Fishes of the Sea so shall he taken away Remember also how Tyrus is threatned â— the Pride and violence that was in â—e midst of it The Glory thereof is â—st described to give the clearer prosâ—ct of the greatness of Her fall Her â—ince was as an Anointed Cherub in the Holy Mountain of God walkiâ— up and down in the midst of bright anâ— pretious Stones His place as Eden tâ— Garden of God. But when iniquity wâ— found therein Ezek. 28.16 17 18. and when by the Multituâ— of Merchandise they had filled the midst her with Violence and She had sinne Therefore saith the Lord I will cast thâ— as prophane out of the Mountain of Goâ— and I will destroy thee O covering Cheruâ— from the midst of the Stones of Fire Thâ— heart was lifted up because of thy Beauty thou hast corrupted thy Wisdom by reason thy Brightness I will cast thee to tâ— Ground I will lay thee before Kings thâ— they may behold thee Thou hast defiled tâ— Sanctuaries by the multitude of thine iniqâ—ties by the iniquity of thy Traffick theâ—fore will I bring forth a Fire from the miâ— of thee it shall devour thee and I wâ— bring thee to Ashes upon the Earth in the sigâ— of all them that behold thee The same Prophet tells us that he hâ— a Vision of a hand sent unto him anâ— Roll of a Book was therein which wâ— designed against the Children of Israâ— for their Rebellion against God. Aâ— there was Written therein Lamentations â— Mourning Ezek 2.10 and Wo. And it is Recordâ— that the Metropolitan of the Holy Laâ— was made A Reproach to the Heathen Ezek. 2â— 4 and â— mocking to all Countries For the abominations that were committed therein And there being many more instances of Divine Justice in Gods Government of Humane affairs though there are divers â—romiscuous dispensations and Mysterious Cases as they are represented to an outward Eye yet we have sufficient Eviâ—ence to conclude that God Rules the World and as he Blesses the good in a wise and merciful moderation of all â—ings for their either present or future â—dvantage so he Curses the Bad and Writes bitter things against them For â—hen as they have put themselves out of â—is protection and by walking contrary â—o his Laws have in effect despised his â—avour he justly forsakes them and â—hough he defer their punishment yet â—e time for the Execution of it will cerâ—inly come There is a just Vengeance â—ue to Sin which will not rot in the Skies â—nd no Man knows how soon the Vials â—f Divine Wrath may be poured forth â—t is expedient therefore for all who will â—e safe to take such measures as that â—hey may not be involved in the Calamiâ—es and Miseries which shall come upon â—rophane and irreligious Souls It hath been observed alrâ—dy Si Lysias ademptâ parte bonorum exulare jussus est non nisi pro parte quam retinuerit creditoribus obligatus est Verum qui pro eofidem suam astrinxerunt jure pristino conveniri possunt Cod. l. 8. Lex 1. f. 394. that a Surety reâ—ders himself liable make payment of tâ— whole Debt whaâ—ver it be for whiâ—â— he is obliged Aâ—though the princiâ— in some circumstances may be spared yâ— the Surety hath no favour thereby I finds himself oppressed by his own Aâ— and Deed And what he feels to be oppression upon himself was generaâ— esteemed a part of great Friendship another but there is neither Piety â— Prudence in shewing so much love to thâ— who are Enemies to God and liable the stroke of his Almighty curse and â—dignation Be it most freely remembeâ— that God who made all things hath â—ven us a Commandement to love Neighbours as our selves Yet an