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cause_n court_n defendant_n plaintiff_n 3,417 5 10.5128 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A15011 A pithie, short, and methodicall opening of the Ten commandements. By Master William Whately, preacher of the word of God at Banburie in Oxford-shire Whately, William, 1583-1639.; Lee, Richard, d. 1650. 1622 (1622) STC 25315; ESTC S119736 77,294 265

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betwixt them that set and let things and them that take the faults are 1. Of the setter 2. Of the taker 1. Of the setter whether he set or let 1. Lands 2. Other things 1. Lands and tenements and that 1. By depopulating of townes and villages 2. By thrusting out tenants causelesly in anger 3. By grinding his tenants 1. By racking rents to excessiue prices 2. By letting vpon hard conditions 3. By misconstruing conditions specially to depriue him of his bargaine 4. By exacting hard seruices aboue the conditions as that a poore labourer must worke with him all haruest for a pennie or two pence a day lesse then other men would giue 2. In regard of other things which are of other natures as horses apparell and the like and that 1. By setting such things as are knowne to be naught and vnsufficient for his vse that hireth the same 2. By taking too hard a rate for them because of the takers need 3. By turning the losse if any come by Gods hand not the takers abusing the thing let vpon the taker by any tricks for the thing hired is lost to the hirer if it miscarie without the fault of the taker 2. The faults of the taker are 1. Taking lands or houses ouer another mans head or any other thing out of another mans hand that is when he is about to take it and hath will and meanes then by offering more then he is in price for or by preuenting the tenant with offering before him to get it from him 2. Neglecting to pay the rent or hire of a thing in due time and quantitie 3. Making waste in land by cutting the woods or letting it goe out of heart or the like 4. Suffering houses and tenements to goe out of repaire 5. Abusing other things hired as horses by ouer-riding them and not affording them such prouender and hay or grasse as is sufficient and as wontedly men doe giue to their owne horses 3. Betwixt the borrower and lender there are sinnes 1. Of the borrower 2. Of the lender 1. Of the borrower 1. If he run in debt carelesly or through greedinesse he that is bold to borrow dealeth foolishly and vniustly too 2. If he be carelesse to pay in due time putting the lender to seeke and sue for his owne 3. If he breake and play the banckerupt only to beguile men and compound for lesse then the summes which he doth owe. 4. If he abuse the thing lent it being such a thing as may be abused as an horse c. 5. If he winde others into danger by drawing them to be sureties for him and then leauing them in the lurch 2. The lender sinneth 1. If he rigorously exact debts of poore men and such as Gods hand by losses and crosses hath brought low 2. If he transgresse in pledges and in morgages 1. By taking a pledge of the poore Iob. 24.9 2. By taking of any mans things of present necessarie vse for liuing 3. By taking forfeitures with rigor 4. By abusing and making worse the things pawned 4. Betwixt those that hire and those that worke for wages there are sins 1. In the hirer 2. In the hired 1. In the hirer 1. If he pay nothing at all 2. Too little that the hired cannot liue of it 3. If he pay grumblingly and vnwillingly 4. Vnseasonably and with many delaies 2. The hireds sinnes 1. If he loyter and worke by the halfes 2. If he bungle or doe his worke vnskilfully 3. If he purloigne any of the stuffe or matter whereon he is to worke 5. Partners sinne 1. If the one put the other to hard conditions 2. If they misreckon at parting 3. If afore the parting either peruert any of the common goods to his particular vse without priuitie and consent of the rest 4. If either be slacke and negligent in their endeuours for the common profit Hitherto of colourable vniustice in dealings lesse eminent against commutatiue iustice Now of that vniustice which is in more eminent dealings against distributiue iustice in things 1. Ciuill 2. Ecclesiasticall 1. Ciuill 1. Of priuate men 2. Of publike persons 1. Of priuate men in abusing of law and the courts of Iustice 1. On the Plaintifes part 2. On the defendant 1. On the Plaintifes part 1. If he commence wrongfull suits to vexe another out of hope to beare it out by money and friends 2. If he vse bribing and like tricks to beare out his cause whatsoeuer 2. On the defendant if he doe 1. Stand in a wrongfull cause by friends or trickes of law and delaies 2. If hee vse bribing and shifting deuices 2. Publike persons 1. Generally 2. Particularly 1. Generally by abusing of publique lands and moneys to their owne or friends priuate aduantage against the true meaning of them that gaue such lands or moneys 2. Particularly in cases of administring iustice betwixt party and party 1. By extortion in exacting ouer-abundant fees 2. By bribery in taking gifts 3. By peruerting iustice either 1. In hindring a right sentence 2. In furthering a wrong sentence 2. Against distributiue iustice in things ecclesiasticall 1. By sacriledge 2. Simony 1. By sacriledge turning to common vses goods sacred either 1. By mans donation 2. By Gods speciall institution 2. Simonie in taking money for presenting any to benefices specially vnfit men or in buying aduowsons Hitherto of the eighth commandement concerning goods the ninth followeth Thou shalt not beare false witnesse against thy neighbour THe scope of which is to saue harmelesse that most precious Iewell of a good name A good name is a fruit of goodnesse whereby a man 's own heart the hearts of others doe truly entertaine a good opinion of him as of a good man The duties commanded in this commandement are of two sorts 1. Concerning our selues and they are 1. Inward 2. Outward 1. In word 2. In deed 2. Concerning our neghbours The duty of euery man concerning his owne good name inwardly respects 1. His opinion of himselfe 2. Other mens opinion of him 1. His opinion of himselfe and of his owne actions is twofold 1. Lowlinesse or sober-mindednesse a being little in his owne eies and esteeming meanly of himselfe accounting others better then himselfe wherein to erre is a commendable error this lowlinesse is the most gracefull ornament of vertues and commendable sufficiencies 2. A true censuring and sentencing of our owne actions whether they be 1. Good in accounting them so and taking comfort in them as Paul did in his vpright walking in the ministery of the Gospell and could professe as much when time serued 2. Or bad in esteeming them bad and iudging our selues and humbling our selues for them as Dauid said I haue done exceeding foolishly after numbring of the people so I was a very beast when he had fretted against the prosperity of the wicked 2. A mans good name inwardly respects other mens opinion of him which is double 1. A desire to approue ones selfe to euery mans