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A11530
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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.
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Sauter, Daniel.
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1640
(1640)
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STC 21779; ESTC S101653
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47,753
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130
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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
They therfore shall doe amisse who will be offended with friendly advise propounded for to free them from a deadly and old disease and to give them Cure and remedie 1. Banckrupts must confesse their sinâ— Banckrupts must necessarily confesse their sins and offences Hee that hath fallen off from God and languisheth under the burthen of his sins ought for a perfect cure of his disease perfectly to turne againe unto his God Now the first step or degree of a mans conversion is the confession of his offences He a Senec. epist that telleth his dreame 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 sinns but I am ashamed to confesse them O b August incredible folly art thou not ashamed of the wound and art thou ashamed to have it bound up Hee 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 Physitian Tell mee how will God vouchsafe to pardon that sinne which man will not vouchsafe and humble himselfe to confesse Wherefore d Eccles 4.21 for thy Souls good bee not ashamed to confesse the truth there is a shame that bringeth sinne and there is a shame that bringeth grace and glory In regard of the concealing and not confessing sinne 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 Iohn saith If wee f 1 John 4.6 confesse our sinnes God is faithfull and just to forgive us our sinnes and to purge us from iniquity Thus is Confession Salvation to the Soule and the queller of vices Wherefore let not the Banckrupt conceale and hide but confesse and acknowledge his offences 2. Banckrupts must repent of their sins and leave them Secondly Banckrupts must repent of their sins for it is not enough for an offendor to confesse and lay open his sins hee 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 vertues because it is a correcting of a mans selfe and if when we have sinned we grieve thereat and confesse that we have done amisse and crave pardon of God hee such is his mercy will not deny us pardon unlesse we continue in our sinnes 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 betooke himselfe to this harbour and confessed his sinnes he found that God forgave the iniquity thereof for God is a most loving and kinde 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 doe justice Wherefore O sinner put a period to thy naughtinesse take a breathing time consider well thy case dispaire 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 Turne againe d Anselm and repent lest thou having bin circumvented by the Divell to circumvent cheat and beguile others beest cheated and deprived of eternall life and beest adjudged to eternall death 3. Banckrupts must pray for pardon of their sins Thirdly Banckrupts ought daily to pray for remission of their sinnes for seeing the cry of the Banckrupts evill courses hath pierced the eares 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 wherfore let the Banckrupt pray now as heartily and opportunely as he hath hath sinned highly and proudly Let him prepare his heart constantly to powre out his supplications and prayers and in the end he shall prevaile for pardon With heart and tongue let him thus say O Lord though I have lost my integrity by my sinne yet have I not bereaved thee of thy mercy doe not O Lord so observe the evill of my sins as to forget the goodnesse of thy nature Be not so mindfull of thy just anger against my guilt that thou minde not thy loving pitty to poore wretches True it is that my guilty conscience hath deserved damnation and my repentance hath not been sufficient to satisfie thee But sure it is that thy mercy is beyond all my sin Therfore O Jesus bee to mee Jesus and Saviour for thy names sake let thy pitty be extended to me while the time of mercy lasteth lest I be condemned in the time of Judgment If thou takest me into thy bosome there will not be lesse roome for others 4. Banckrupts ought to repay every man his due Fourthly Banckrupts ought faithfully to repay money borrowed for to the end that a debtor may lift up pure hands and minde to God assuredly it is very expedient that he pay the whole summe 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 Hee is c Senec epist 81. not well-minded 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 fourefold 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 fourefold So it is said of Gabael debtor to Tobias e Tob. 9.7 Vpon sight of the writing and seale he presently made payment f Plutarch Gelo the Tyrant payd the money borrowed of his subjects as soone as the occasions of his troubles were ended And Alexander g Diod. B. 17 the Great when Asia was vanquished out of his owne treasure paid the debts of his Army to their Creditors Neither indeed ought the care of a private man to be lesse 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 surpasse all Pagans and Infidels in care to pay his debts and maintaine his credit by performing his promises and Covenants 5. Banckrupts must avoid lying Fifthly a care must be used by Banckrupts in all things to avoid lying for seeing they who resolve to be rich oftentimes in their courses baulk truth sure it is that in such straying pathes a Banckrupt also