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cause_n call_v court_n judge_n 1,450 5 7.1812 4 false
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A36290 The undoubted art of thriving wherein is shewed : 1. That a million L. sterling money, or more if need be, may be raised for propogating the trade of the nation, &c. without any kind of prejudice to the leiges, but on the contrair to their great vtility and advantage, 2. How the Indian and African Company may propogat [sic] their trade, and that trade and manufacturers of all sorts may by encouraged to the honour, strength and wealth of the nation, 3. How every one according to his quality, may live comfortably and happily : concluding with several thoughts tuching [sic] the management of publick concerns. Donaldson, James, fl. 1697-1713. 1700 (1700) Wing D1856; ESTC R5321 43,043 146

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in their Power to grant Neither can a People be more happy than under the Conduct of a good and Vertuous Prince who makes it his Endeavours to make them Happy wherefore I think it not absurd to affirm that the Prince and People's Interest is not Devided and that both may do what in them lyes for the publick Good ought to he the Prayers and Endeavours of all good Men. Punishments and Rewards ought not only to be Dispenced in Obedience to Devine Authority but in Police it is necessar to Chastise Vice and Encourage Vertue the Vicious person being like a Gangrin or F●estered Member ready to insect the whole Body if not timely Cuted or cut off and a Vertuo●us person is no less profitable to a Common Wealth then the other is prejudicial thereunto Some think it necessar for Princes to bring Disaffected persons over to their Interest to heap Favours upon them alledgeing that those who are true Friends will still continue so and by this means others may be gained No cloubt such as are good Men will never be so Disobliged for missing favours that in Justice they might have expected that they will turn Enemies but I shall scarce be perswaded that the like Fedelitly will be found in one who for self ends is brought over as in him who has a Heart Affection and will not easily be brought over as the other who joins with him that bids most Neither doth every one attain to such a degree in Mortification as not to entertain some disgust when he thinks himself hardly used Clemency is an Excellent Virtue but Excess in it becomes a Fault The Psalmist in extoling the Government of the Supream Judge says Justice and Mercy are the Habitation or Basses of his Thron and it is the Glory of Princes to establish theit's upon the same Foundation A merciful P●ince is like an indulgent Parent that out of Tenderness to his Children does not Correct them according to the degree of their Ofsence for which reason they become the less Obedient presuming to much on his Goodness The end of Chastising being not only for punishment of Crimes past but for Example and Terrour to Others to prevent the like for the Future in Correction Respect would be had to the Consequence as well as Satisfaction made for the Offence Committed Any person may forgive Injuries done to himself but what Respects another he cannot without the party's Consent Justice says give every one his due and ●ransgresions against GOD cannot be forgiven by Man Being straitened in time I shall only mention a few things more which more particularly Concern the present State of this Kingdom The Genuis of People seem at present to Run more upon Trade than formerly and besides what was formerly said on that Subject I humbly Conceive it will be nessary for the greater Security of Companys or these that enter in a joint Trade that it be Enacted that whoever has the Manadgement of other Mens Effects shall be a person throughly acquainted in Book-keeping and that he post all his Company Transactions in ample Form And if it can be made appear that in one Article he hath dealt unfaithfully let him be Doem'd worthy of Death and accordingly Exicuted or at least that he suffer Consiscation of Goods This may seem too serve there being no proportion between the Offence and Punishment but when 't is Considered that the Consequences of dealing gently with such Rogues for no better Name can I give such who deal Deceitfully towards those that Credit them with their Effects opens a Door to all manner of Fraudulent Dealing and consequently interups Trade the want of which Renders this poor Nation Miserable It will be found as Tolerable as for a General to put to Death him that leaves his Post when he is set to Watch the Motions of an Eney I need not insist on this for a Word 's enough to a Wise Man Only I humbly Conceive Trading in Company is Impracticable in this Kingdom if some such Law be not Exacted Law Processes are very Tedious and much complained of on that Account I am not ignorent that 't is better to defer Justice as to give Sentence Rashly without the necessar Informamation of both parties Nevertheless I think a dozen sixteen or Twenty years to long for a Cause to be Depending and doubts but some Expedient might be found for Discussing of it sooner But however it be I think such as are visibly Litigious and by Hook or Crook having once got Possession of another Man's Effects fights him with his own Weapons and at the Latter end when obliged to restore the other Man his own Geer after a long use of it ought to pay the Injured party the whole Expence and Damnage that he sustains at least if not to be surther Puniched as a Fellon or Thief And as 't is a Crime before GOD to assist an Unjust Person in the wronging of his Neighbour so I think an Advocat or Procurator that pleads in an Unjust Cause where 't is Visible that he can not but know it to be so ought likewise to be Punished as Art and Part with his Cliant Advocations and Suspensions are oft times founded upon slender Grounds and some times the Defender will Remove a Cause from an Inferious Court meerly to Vex and put his Creditor to Expence I think where the Grounds are not Pugnent in Advocations 't is most reasonoble that the Cause should be Remitted to the Judge before whom it was first Called or rather that it should not be brought from before him for according to the first Constitution of Judicatures small matters were appointed for the Peoples case to be Decided by Inferiour Judges Perhaps this Doctrine may not be agreeable to some of the Members of the Colledge of Justice it not being usual in Millers to wish Corn to go by their own Mills but if the Wisdom of the Parliament find it reasonable some thing may be done therein for all that If a Blind Man might be permitted to Judge of Coulors I would say only a short Word concerning the Law it self Our Laws I believe are as good as those of our Neighbours tho oft Complain'd of as not being put in Execution but that they might be made better I nothing doubt for whoever considers from what Fountain we have Our Laws may easily think they might be brought from one more Pure and Wholsome The Roman Laws were good considering how they had them Transmitted from Age to Age and from one Nation to another the best Way the Wits and Learning of those times could Convoy them from hand to hand but that they come far short of the Copy whence they were first taken I think no Christian will deny Moses in his Exortation to the Israelits Duet IV. 6. Tells them that GOD would give them Wisdom and Understanding in the sight of all Nations which should hear all these Statuts and say surely this great Nation is a