Selected quad for the lemma: duty_n
Text snippets containing the quad
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A25117
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A Treatise of civil bonds and obligations shewing the nature, use, and dangers of such contracts : with cautions against suretiship / by R.A.
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R. A.
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1688
(1688)
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Wing A28; ESTC R4069
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83,886
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209
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engage who being of no great â—k or power themselves are wont to â—sociate with men of the highest quality â— whom their Wit and boldness armed â—â—h their experience in some gentile â—orts may commend them for a time â— some that are more prudent than others of the same degree are not a little jealous over this sort of men and esteem such who think themselves great enough to be their Companions worthy to beaâ— equal shares with them in all occasional expences yea sometimes to return the entertainments they have received 〈◊〉 chargeable presents must keep up the coâ—respondence in Heart and Lustre Sâ— that let such cast up the whole chargâ— of their company and add thereto the loss of time together with the hindrance of their own secular concerns they may discern a great dreyn made iâ— a small Estate in a short tract of time and if necessity drive them to squeeâ— Wax for some drops of refreshment â— will suddenly harden upon them anâ— remain a sure mark of their own trouble and Misery I need not say much of thâ— or any other kind of Prodigality which the Reader without a perspective maâ— discern as a Sea-mark to warn his Pinnaâ— of the danger of Shipwrack That Aâ—vice were it well observed would prâ—vent much unhappiness which is giveâ— by the Son of Sirach Ecclesiasticus 18.30 31 32 33. Go not after tâ— Lusts but refrain thy self from thine Apâ—tites if thou givest thy Soul the desires thâ— please her she will make thee a Laughâ—â— stock to thine Enemies that malign thee Take not pleasure in much good chear neithir be tied to the expence thereof Be not made a Beggar by banqueting upon borrowing when thou hast nothing in thy purse Chap. 25.3 for thou shalt lie in wait for thy own Life and be talked on If thou hast gathered nothing in thy youth How canst thou find any thing in thine Age I have read that at Padua in Italy they have a Stone called the Stone of turpitude which is placed near the Senate house whither all spend-thrifts and such as disclaim the payment of their debts are brought Burt. Mel. part 1. § 2. p. 112. and they are enforced to sit upon this stone with their thinder parts bare that by this note of publick infamy and disgrace others may be terrified from all such vain expences or borrowing more than they know they are able to pay Great pity it is that there is not such a stone in all the Countries of the World or at least some other happy invention whereby it might be provided that there should be no followers of such pernitious Examples nor any great sufferers upon the score of their Prodigality For all places are now too full of some sort of spend thrifts whose fork merrily scatters all that their rake can gather by any means And I am apt to suspect that the easiness of obtaining Sureties farthers prodigals in borrowing more than otherwise they could As if there were not so many Retainers their would be fewer Thieves So if the Number of improvident Sureties were less the Catalogue of proffligate and Licentious unthrifts would not be so great Fifthly Be not Surety for any bad Man for he that palpably transgresses the Rules of Religion or is a Notorious offender in any point thereof breaks the strongest Sinews of Justice in all Civil concerns The Royal Psalmist observes that the Wicked borroweth Psal 37.21 and payeth not again And he doubtless was a Wise Man who hath told us Ecclesiasticus 29.16 17. that A Sinner will over throw the good Estate of his Surety and he that is of an unthankful mind will leave him in danger that delivered him The greatest Arguments for good dealings with Men are fetched from a clear Conscience of our Duty to God And if men run contrary to their greatest Obligations they will not Walk uprightly in respect of the smallest They that can dare to break Covenant with God can have no good Will to keep Contracts with Men. He that can destroy a Temple may soon pull down a Cottage And he that strikes at the Throne of God will not strain at the Violation of the Rights of his Brethren If we search the Nature of that heart which is hardened for Wicked practices we cannot but discern that such who can dare to be Irreligious towards God will be unrighteous towards Men For where the greatest Devil Reigns the lesser can take their Rang. And though there may be some appearance to the contrary when such who Violate the first Table of Divine Commandements seem to have some regard for the Second yet their respect thereto rises not from a Conscience informed therewith which can have no Power in those who are poisoned with an Evil disposition against God And had they the strongest Arm they would be altogether Arbitrary in all that they do But Civil Laws and constitutions hold their hands though they cannot â—ound their Wills. The fear of being oâ—er-matched by others bows their Boâ—ies though it cannot restrain their minds The Veneration they have for their own Credit Masters the Ceremonies of their â—eportment but cannot moderate the affections that grow in their Nature If â—hey could tread down the sanctions of â—unicipal Laws if there were no power in their way greater than theirs and iâ— they could either disdain the opinions oâ— all about them or conceal their proceedings from their knowledge I see noâ— what Wickedness they would strain at in their conversation with men who caâ— swallow down any kind of Impiety against God. He that willfully sins in any point says in effect that he will not havâ— God to Rule over him and he that caâ— affront the Divine Authority which is thâ— most Supreme and most absolute can bâ— no Voluntier in his submission to an inferiour Magistracy unless such instrumenâ— are set before him that can give him suâ—cient warning of an Execution And yeâ— these are sometimes weak and ineffectuâ—al as to the stopping of his career whoâ— heart is set upon that which is Evil. Thâ— he may be under some confinement bâ— outward means yet if he can discern oâ— devise a way to break loose He is readâ— to run out with a swift foot and becomâ— deaf to the Voice that declares the nâ—cessity of his returning back to his Duâ—â— This being the case of bad Men whoevâ— considers it shall have little Heart â— plight his Faith for the satisfaction of â— necessities He cannot vouch for his hâ—nesty who is destitute of the main sprinâ— and principle thereof And what he therefore promises in his behalf he himself must probably take care to perform Or suppose a bad man be so powerful in the World that he can bear the Burthen of his own Debts yet he may be guilty of such delays and of so many tricks and spiteful contrivances which shall be as Thorns in the side of his Friend who in his pecuniary contract is Surety for him For
jusserit pro extraneo erit ut propter fidejussionem cum solvendo non fuerit tollant etiam vestem ejus in pignus Vatablus For the World has known some so forward in undertaking Suretiships thaâ— they have soon engaged themselves beyond their power and wheâ— they are so deeply concerned that theiâ— Fountain is utterly exhausted imagining that their condition cannot be worse thaâ— it is they follow on the same business still and become Sureties rather by their own pragmatical intrusion than by their Neighbours importunate request So that theiâ— great zeal in this matter may render theâ— suspected to all wise Observers anâ— though by great Words and plausiblâ— Pretences they struggle to buoy up their sinking Reputation yet the Creditor â—hat will be safe must take a Pledge equivalent to his concern as if he had to do with one that sells an Estate which hath been often Mortgaged above the worth for his dealing is no better who becomes Surety for Debts and is concerned in other Bonds which exceed his Faculties and â—s therefore worthy to be deprived of his necessary Goods to be stripped of his Rayment and turned out naked to his â—hame It is manifest Hoc proverbio à fidejussione dehortatur novo argumento ab adjuncto incommodo quod facilè spondens pro se sponsorem si quando urgetur non reperiet Cartwrightus that this Proverb which shews that the heedless Surety hath not right to the Coat he is cloathed with declares the danger of rash Suretiship as well as the former Nay here seems to be a new Argument to disswade Men from this business â—n that he who readily yields to be Bound for others will not find others as ready to â—e Bound for him when the urgency of his Affairs shall crave their assistance for â—he danger of the loss of his Garment according to the tenour of this Proverb implies that he hath not one that will Bail him out of his Distress but his Garment must answer for him and Nakedness anâ— Shame must be his Portion But the great misery of the rash Surety is fully exprest thus Prov. 11.15 He that is Surety for â— Stranger shall smart for it and he that hate Suretiship is sure Few will give their Namâ— and Faith for a Stranger properly so caâ—led But here we must by this Name uâ—derstand one whose condition is cloude from us and who is unprovided with reâ—sons to oblige us to himself For as he whâ— leaving his Lawful Consort cleaves to a Harlot is said to go in unto a strange Wâ—man notwithstanding his familiar Aâ—quaintance with her Fidem suam interponit negotiis alienis Junius So he who becomâ— Bound for a Man whose Estate is not mâ—nifest or is secretly encumbred when it no part of his Duty to be obliged foâ— him is rightly said to be Surety for 〈◊〉 Stranger though we have an intimaâ— knowledge of his Person and shall smaâ—â— for it This word which speaks his Unhaâ—piness being ingeminated in the Hebreâ— imports a very great affliction and troâ—ble And there is no Version or Translâ—tion of the Word that I know of bâ— signifies a grievous Punishment 1 Malo mulctetur 2 aut contritione conteretur aut conterendo conteretur 3 aut omnino oâ— fringetur 4 aut confractione confringetur 1 Castalio 2 Mercerus 3 Junius Tremellius 4 Aben-Ezâ— and Tâ—bulation For in the Original there is a Metaphor taken from a Potters Vessel Gravissimam faciet jacturam maximum rei suae familiaris ac facultatum detrimentum patietur quisquis externi nomine fidejusserit Mercerus Qui fidejubet pro alio affligetur multis molestiis subindè damâ—is cogetur enim debitum debitoris si is solvendo non sit ex suo aere â—ependere praestare Cornelius a Lapide Certè gravitèr periclitabitur ruetque Geserus Piscator or such â—ike brittle Ware which being broken â—nd shatter'd in pieces cannot by any Art â—e restored Thus the Surety shall be as a broken Vessel which cannot be made whole his Wealth shall be taken from him his Power weakned his Goods scatâ—ered his Liberty infringed his Health â—mpair'd and his Life indanger'd For â—hese Troubles bring on that worldly Sorâ—ow which worketh Death Suretiship is the dangerous Rock that â—plits and breaks the Vessels that fall upâ—n it whereby Men make Shipwrack of â—heir Goods and are reduced to such Exâ—remities that they cannot be so serviceble to the publick as otherwise they might be So that a Kingdom or State â—uffers much thereby For many good â—nd innocent Persons who have such considerable Parts and Abilities which might â—ender them useful Members in the Body Politick are taken in the Nets which â—heir fair-spoken Friends spread for them whereby they are deprived of that poweâ— which might have been of excellent uâ— had it remained in good hands Haud facilè emergunt quorum vertutibus obstat Res angusta domi I am aâ— to think that many Sureties are endowâ— with a good nature and inclination 〈◊〉 generous good Offices and would 〈◊〉 fruitful therein if by flattering and dâ—ceitful Lips they were not deprived 〈◊〉 their Abilities When their Security is newly sougâ— they think it no other than an Office 〈◊〉 Humanity to grant the request and aâ— apt to suppose that the Suter was movâ— to make his Application to them upon perswasion of their goodness and theâ—â—fore suspect that it would be some staâ— upon their Reputation if they should 〈◊〉 guilty of a repulse in that Matter in whiâ—â— a grant upon such ground is expected â—pecially if the person be importunate in â— Sute they cannot be so course as to deâ—â— what with much assurance is desired aâ— is skilfully painted with a semblance of a harmless Beneficence and Charity 〈◊〉 what Humanity is it for Men by thâ— strange and inconsiderate kindness â—wards some to render themselves uncapâ—ble of performing good Offices to otheâ— more deserving Or what Charity is to violate Human Society to depriâ— the publick of that Service which is due thereto to be cruel to ones self and to afflict such Relations with Necessities and Streights who depend upon them What Justice is it to serve Strangers according to their desire and to neglect those whom God hath committed to their care And â—f there be no Justice there can be no Charity in their Proceedings Can it be a generous act for Men to ruine their own Families that they may pamper such who are no better than Caterpillars among Men Or what good Office is it to bolster â—he lofty heads of the proud and to pass by â—oor Wretches in their Misery Or to â—ndulge the devouring Appetites of Prodigals and not to feed the hungry who are â—eady to starve for want of Bread Quaenam illa charitas est teipsum spoliare bonis omnibus exuere ut alteri medicinam pares qui immedicabilis est Vel quod tanto â— aere sit unde nec