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land_n pay_v rent_n tenant_n 2,576 5 9.7256 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
the goods of this world Inioyning vs 1. For parting with that that it in our hands to others 2. For taking from others 1. For parting with that that is in our hand to others 1. To make them satisfaction for all trespasses wittingly or vnwittingly done to them in their goods by our selues or beasts c. 2. To make restitution to them of whatsoeuer we haue vnlawfully gotten into our hands or if the right owner bee vnknowne or gone we must restore it to God for the maintenance of his worship 2. Wee are inioyned for taking any thing into our owne hands of others Of which consider 1. The generall rule 2. The most eminent and vsuall kindes 1. The generall rule which is this Let no man take any thing but that nor any more but that to which hee hath sure and plaine right and title Right is a respect depending betwixt some persons and some good out of some due consideration in reason whereby the possessing of that wealth becomes lawfull for those persons Right is of two sorts 1. Diuine 2. Humane 1. Diuine arising from some speciall institution of God in his word as that of the Ministers of the law to tithes and so now of the Ministers of the Gospell too which succeeding in the worke of attending Gods worship cannot but succeed them in the reward of taking Gods portion that is the tenth which hee hath challenged as his owne of all men increase 2. Humane arising from the common institution of God founded vpon some speciall things considerable in men and this is also double 1. Naturall 2. Ciuill 1. Naturall that is grounded vpon the light of nature going alone and that in things of two sorts 1. Such as haue no knowne and certaine owner 2. Such as haue a certaine and knowne owner 1. Such as haue no certaine and knowne owner as 1. Publique things the right whereto must be taken from transaction of publique persons 2. Common things as wild-fowle and which are his that by honest labour without trespassing the lawes or ones neighbours shall get them 3. Lost things which are his that findes them vnlesse the owner shall bee knowne or the lawes dispose otherwise 2. Such as haue a certaine and knowne owner and in these right ariseth either 1. From the person that departeth with goods 2. From both parties ioyntly 1. From the person that departeth with goods onely and alone and that is either 1. By free will I say will free from error deceit compulsion or force open or secret composition or conditioning secret or open and that that is so passed is gift 2. By iniury offered by him to the person goods name c. of the other according to the quantity or quality of the wrong for matter or circumstance and this is satisfaction 2. From both parties ioyntly viz. him that parteth with goods and him that receiueth the same too and that is either 1. Some speciall obligation passing betwixt them of neerenesse of bloud or duty or the like whereupon are grounded inheritances and the descent of lands and goods and diuers payments and dues to princes and officers 2. Some exchange of one beneficiall thing for another of proportionable value I say beneficiall in it selfe and in it owne nature as 1. Seruice 2. Stuffe 1. Seruice for Stuffe and seruice 2. Stuffe for seruice and stuffe according to that speech do vt des do vt facias facio vt des facio vt facias And here is the ground of lawfull contracts and bargaines a lawfull bargaine being nothing else but the expressing of an agreement vpon such an exchange 2. Ciuill humane right arising from the laws of each kingdome state and societie which doe so far forth and no further warrant conscience and giue right before God as they are built vpon the fore-mentioned either naturall or diuine rights which are referrable to two heads 1. Rewards priuiledges fees c. 2. Penalties mulcts punishments Hitherto the generall rule of commutatiue iustice now followes 2. The most eminent and vsuall kinds which are fiue paire 1. Paire 1. Buying 2. Selling. 2. Paire 1. Setting or letting 2. Taking 3. Paire 1. Borrowing 2. Lending 4. Paire 1. Hiring 2. Working for hire 5. Paire Partnership In buying and selling 1. The buyer is bound 2. The seller 1. The buyer is bound to some things 1. In regard of the thing bought that he buy alone that that is free for him to buy no man else being interessed into it by any precedent cheapning or bargaine 2. In regard of the manner of the buying 1. For reckonings that he make straight and true 2. For price that he giue as much as the thing is worth in his owne esteeme 3. For paiment that he make it with currant money and in the appointed time 4. For measure that he satisfie himselfe with the due measure and seeke no tricks for procuring an ouer-plus 2. The seller is bound to some things respecting 1. The thing sold that it be saleable for substance and qualitie the same that he would haue it taken for not worse 2. The manner of selling 1. For reckoning that he make it iust and square 2. For price that he take no more then the worth of a thing that is so much as it is vsually sold for and as may make him a sufficient gainer in his calling euen so much as he would giue all things considered if he were to buy 3. For the measure and waight that he vse true ones truly 3. The seller is bound to some things respecting the person to whom he selleth that he satisfie himselfe with customes duly gotten not by tricks and deuices drawing in any one In setting letting and taking the duties 1. Of the setter 2. Of the taker 1. Of the setter or Land-lord for the chiefe setting is of land though there be a setting also of other things 1. That he set things at a reasonable rate euen as himselfe would giue and as the taker may be a gainer 2. That he set things good and sufficient for the vse whereto they be set not secretly faultie as houses or land in whom some other hath some title or the like 3. That he afford to the taker a quiet vse fruition and enioyment of the things set according to the conditions agreed vpon without any oppressing him with other seruices 4. That in case of Lands and houses and the like he renew the lease of his Tenant or his estate as it falls our vpon reasonable termes rather then set it to any other supposing the Tenant to haue beene a carefull and faithfull Tenant 2. The taker must 1. Take that is free from others 2. Keepe that he taketh without spoile or waste or hauocke and vse it well whatsoeuer it be horse or other thing 3. Paie his rent or hire in due time 4. He must redeliuer it to him that set it according to conditions safely kept and preserued In borrowing and lending the duties 1. Of the borrower 2.