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A25117 A Treatise of civil bonds and obligations shewing the nature, use, and dangers of such contracts : with cautions against suretiship / by R.A. R. A. 1688 (1688) Wing A28; ESTC R4069 83,886 209

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and un●e It must be granted that there are ma● Mysteries in Divine Providence suffi●nt to assoil the rash and uncharitable ●sures of all private Tribunals usurped ● blind Envy or Malice Yet it is not ●ly consistent with the Notion we ought ● have of a most perfect Governour of ● World but with the sense of the Sa●d Canon whereby the Will of the ●hest Sovereign is revealed to Mankind ●t we believe that he blesses the State ● the just and curses the Familes that ●ve not the Knowledge of his Name If God be in our Adventures and his ●ory rest upon small things Aarons dry ●d shall flourish Sarahs dead Womb ●ll spring forth a Son and Davids in●cernibleness shall encrease into a King●m But all our Strivings are as Babel ●thout God We do no better than ●rite upon Dust or Sow upon a Rock ● Role up a Stone that will retreat ●th Fury upon us And if in our course ● Life we stand against God our bright● Glories shall vanish into contempt our Wisdome into foolishness our po● into Weakness and our possessions i● Beggery The Crown of true Glory ●dorned with the sweet Flowers and p●cious Gems of plentiful Blessings was ●ver made for the hairy Scalp of such one who goeth on in withstanding ● Will of his Maker But rather the fly● Roll of Curses shall rest upon his Br● When Zachariah the Prophet had a Vi● of a flying Roll an Angel gave him Interpretation thereof saying This is Curse that goeth forth over the Face of whole Earth Zecha 5.3 4. for every one that stealeth ● be cut off as on this side according to it every one that Sweareth shall be cut off a● that side according to it I will bring it f● saith the Lord of Hosts and it shall enter to the House of the Thief and into the H● of him that Sweareth falsly by my Na● and it shall remain in the midst of his H● and shall consume it with the Timber the● and the Stones thereof The Prophet Jeremiahs Heart was ●ken his Bones did shake he was stra●ly transported and as it were intox●ted with astonishment When he co●dered the Wickedness of the Land ● and the judgment that should be Ex●ted upon the Inhabitants thereof ● Land saith he is full of Adulterers Jerem. 23.10 11 12. ●r because of Swearing the Land Mourn●h the pleasant Places of the Wilderness are ●ied up and their course is Evil and their ●rce is not right For both Prophet and ●iest are prophane yea in my House have found their Wickedness saith the Lord. Therefore their way shall be unto them as ●opery ways in the darkness They shall be ●iven on and fall therein For I will bring ●vil upon them even the year of their Visi●tion saith the Lord. The Prophet Hosea proclaims a Con●oversie which God had with the Inhabi●nts of the Land because there was no ●uth nor Mercy Hosea 4.1 2 3. nor Knowledge of God ●erein But by Swearing and Lying and ●illing and Stealing and committing A●ltery they broke out and Blood touched ●ood Therefore shall the Land mourn and ●ery one that dwelleth therein shall languish ●ith the Beasts of the Field and with the ●wls of Heaven yea the Fishes of the Sea so shall he taken away Remember also how Tyrus is threatned ● the Pride and violence that was in ●e midst of it The Glory thereof is ●st described to give the clearer pros●ct of the greatness of Her fall Her ●ince was as an Anointed Cherub in the Holy Mountain of God walki● up and down in the midst of bright an● pretious Stones His place as Eden t● Garden of God. But when iniquity w● found therein Ezek. 28.16 17 18. and when by the Multitu● of Merchandise they had filled the midst her with Violence and She had sinne Therefore saith the Lord I will cast th● as prophane out of the Mountain of Go● and I will destroy thee O covering Cheru● from the midst of the Stones of Fire Th● heart was lifted up because of thy Beauty thou hast corrupted thy Wisdom by reason thy Brightness I will cast thee to t● Ground I will lay thee before Kings th● they may behold thee Thou hast defiled t● Sanctuaries by the multitude of thine iniq●ties by the iniquity of thy Traffick the●fore will I bring forth a Fire from the mi● of thee it shall devour thee and I w● bring thee to Ashes upon the Earth in the sig● of all them that behold thee The same Prophet tells us that he h● a Vision of a hand sent unto him an● Roll of a Book was therein which w● designed against the Children of Isra● for their Rebellion against God. A● there was Written therein Lamentations ● Mourning Ezek 2.10 and Wo. And it is Record● that the Metropolitan of the Holy La● was made A Reproach to the Heathen Ezek. 2● 4 and ● mocking to all Countries For the abominations that were committed therein And there being many more instances of Divine Justice in Gods Government of Humane affairs though there are divers ●romiscuous dispensations and Mysterious Cases as they are represented to an outward Eye yet we have sufficient Evi●ence to conclude that God Rules the World and as he Blesses the good in a wise and merciful moderation of all ●ings for their either present or future ●dvantage so he Curses the Bad and Writes bitter things against them For ●hen as they have put themselves out of ●is protection and by walking contrary ●o his Laws have in effect despised his ●avour he justly forsakes them and ●hough he defer their punishment yet ●e time for the Execution of it will cer●inly come There is a just Vengeance ●ue to Sin which will not rot in the Skies ●nd no Man knows how soon the Vials ●f Divine Wrath may be poured forth ●t is expedient therefore for all who will ●e safe to take such measures as that ●hey may not be involved in the Calami●es and Miseries which shall come upon ●rophane and irreligious Souls It hath been observed alr●dy Si Lysias ademptâ parte bonorum exulare jussus est non nisi pro parte quam retinuerit creditoribus obligatus est Verum qui pro eofidem suam astrinxerunt jure pristino conveniri possunt Cod. l. 8. Lex 1. f. 394. that a Surety re●ders himself liable make payment of t● whole Debt wha●ver it be for whi●● he is obliged A●though the princi● in some circumstances may be spared y● the Surety hath no favour thereby I finds himself oppressed by his own A● and Deed And what he feels to be oppression upon himself was genera● esteemed a part of great Friendship another but there is neither Piety ● Prudence in shewing so much love to th● who are Enemies to God and liable the stroke of his Almighty curse and ●dignation Be it most freely remembe● that God who made all things hath ●ven us a Commandement to love Neighbours as our selves Yet an in●cent and prudential self love will
Colours it is painted with are washt away will appear that Mens Duty lies in the ●voidance of what they may imagine ●hemselves obliged to perform For true Justice forbids that Suretiship ●hich common Friendship seems to de●and Justice is an Eternal and Indispensable ●uty and the true Foundation of the ●est Love For no Man can be rightly Charitable unless he be just Neither is consistent with an Universal Love to ●urt some in being kind to others Or to wrong one's self in being Liberal to ● Neighbour Neither can it be esteemed a Charitabl● Act in any Man to dispose of such thing which are not in his own Power or to hazard the Goods without consent whic● others together with himself have a righ● to If any one then by Specious Arg●ments of Love shall be tempted to become Surety for another in such Bond which involve injury to himself his nea● Relations or his Partners in his business and Calling his Suretiship in such a cas● is no Act of true Friendship because i● hath not Justice for a Principle and Fou●dation What we read in the Proverbs of a Glorious King inspired with Divin● Wisdom concerning this matter direc● us in a right understanding of it an● plainly manifests what Men of just an● upright Principles ought to do It is n●cessary therefore in order to a clear an● distinct apprehension of this point to e●amine such Proverbial Sayings whic● give us a right and infallible state of t●● case The First I shall bring to remembranc● is this Prov. 22.26 27. Be not thou one of them that stri● hands or of them that are Sureties for Debt thou hast nothing to pay why should he ●●ke away thy Bed from under thee The ●cope of the Text is a manifest Cau●on against rash and heedless Sureti●ip To strike Hands is an Hebrew Phrase or giving frequent security for others ●o common a Ceremony among them in ●his business that it is sometimes Metoni●ically used for the business it self But whereas Men may strike hands in sundry Contracts different from Suretiship the ●●e whole Verse set together shews that ●uch striking of Hands is understood which was customary with those who entered ●nto this Capacity And the warning ●ere given against this Ceremony when ●he matter is exprest unto which it is applied imports a Caution against frequent ●nd inconsiderate Sponsions but no absolute Prohibition of all Engagements for others For no part of Holy Writ should ●e Interpreted to any sense but that which can be fairly adjusted to the Analogy and design of the whole Book of God where●n we have some eminent Instances who have been worthily concerned as Sureties for others When St. Paul the Apostle of Nations ●nterceeds with Philemon for his Servant Onesimus who had been unprofitable to him that he would receive him with th● respect and affection which was due to person newly Converted to the Christi●● Faith upon a supposition of any form injury towards his Master he had b● guilty of or any Debt he had Contract●● The Apostle becomes Sponsor in his beha●● assuring Philemon that he should suffer● loss Phil. 18.19 or damage by him If he hath wrong thee or oweth thee ought put that on m● Account I Paul have written it with m● own hand I will repay it But more th●● this we read in Sacred History of o● who gave not his outward substance b●● the Life of his Children in security A●● when Jacob's Sons knew it was necessar● for them to take Benjamin their younge●● Brother with them into Egypt that the might be furnished with Corn for that so● Famine which was in their Land and J●cob was unwilling that Benjamin should h● taken away Reuben spake unto his Fathe● saying Genes 42.37 Slay my two Sons if I bring him v●● to thee deliver him into my hand and I w● bring him to thee again And we read o● another Son of Jacob who gave his ow● person for security in this case for Jud● said unto Israel his Father Genes 43.8 9. Send the La● with me and we will arise and go that w● may live and not die both we and thou and also our little ones I will be Surety for him of my hand shalt thou require him if I ●ring him not unto thee and set him before ●hee then let me bear the blame for ever And whereas we find that Benjamin's return to his Father was obstructed by Joseph's Policy Judah makes an importunate Supplication to Joseph for his free dismission and among many Pathetical Arguments makes a Declaration of his personal Suretiship in this case Genes 44.32 Thy Servant became Surety for the Lad unto my Father saying if I bring him not unto thee then I shall bear the blame to my Father for ever And since the Lad was now become a Bond Servant to Joseph by a Covenant in which all his Brethren were concerned Judah who was capable of more profitable Service than he offers himself in place of Benjamin ●hat he might be set free For being Surety for his return he was obliged not only to give up his Liberty but his Life rather than Israel his Father should be bereaved of that Child who was the light and comfort of his old Age. Wherefore Judah makes Petition to Joseph Now I pray thee let thy Servant abide instead of the Lad a Bond-man to my Lord Genes 44.33 and let the Lad go up with his Brethren Hinc fide jussionem generatim non prohiberi constat nam Jehudae laudi ducetur quod pro salvâ Benjaminis reductione se sponsorem interposuit Cartwrightus Judah is not blam● for his undertaking ● this case for by 〈◊〉 strange concurrence Circumstances the seemed a necessity of some Expedie● that might conduce to the supply of the present want and the satisfaction of Isra● in taking away his beloved Child A● the sacred Account which is given of t● matter shews that it happily succeede● Hower let it be noted that Judah's u●dertaking made him liable to become Bond-man which was no less than a gr●vous Affliction in it self though honou●ble for him to endure Servitude rath● than his Father's House and all his B●thren should perish for want of Brea● And though this together with the fo●mer Instances shew that Suretiship m● be laudable in some cases in which the● is an apparent Exigence thereof yet it a matter in which much Caution is to ● used Vitare voluit suum filium sponsiones nè in discrimen rei familiaris egestatem adduceretur Mercerus And Wisdom instructs her Chi● to avoid all needless occasions of Povert● or Danger For the Caution against Suretiship ●engthened with a Declaration of the ●mage that may insue thereupon If thou ●st nothing to pay why should he take away ● Bed from under thee There are some ●ings very remarkable in this Text be●●fficulty in the sense of the latter part ●hich must be considered First It is clearly implied
rest● us from burthening our selves above ● power and from all such acts which prejudicial to our lawful interest And we would not overl● our selves by any● of our own Fidejussor seu mandator si in usuras quoque obligatus est justam causam recusandi solvere eas non habet Cod. l. 8. Lex 10. f. 394. neit● should we put it ● anothers power to leave such an heavy yoke upon us which our condition cannot well bear If then a just and innocent self love be the Rule of our love to others we are not thereby obliged to enter into any Contracts greatly detrimental to our selves The Law requires our good Will to men of all Characters and Nations but layes no engagement upon us to part with that circumspect prudence and necessary justice which we owe to our selves In bad Men there is nothing but their manhood that hath right to our love and while this is strangely deformed and di●honoured by their own practice we can take no delight therein Men can have ●o complacence in themselves upon a conviction of their own sinfulness and fol●y Nor can they then justly delight in ●thers whose degeneration in their Mo●als is manifest to the World. Moreover ●t is inconsistent with a just love to our Neighbour to add fewel to the flame of ●is inordinate affection While any man ●akes a bad course it is improbable that ●e will be a good Steward of any Trea●ure and he that shall be instrumental to ●ut it into his hands may be accessary to ●he Wickedness he shall be enabled to commit by the power of it It is good Advice of the Son of Sirach Ecclesiasticus 8.10 Ch. 12.5 6 7. Kindle not the Coals of a sinner least thou be burnt with the Flame of his Fire Do well to him that is lowly but give not to the ungodly hold back thy Bread and give it not unto him least he over master thee thereby For else thou shalt receive twice as much Evil for all the good thou shalt have done unto him For the most high hateth sinners and will repa● Vengeance unto the ungodly and keepeth them against the mighty day of their punishment give unto the good and help not the Sinner For all that an Evil Man can by any means compass shall probably be wasted in the indulgence of his Lusts and b● Sacrificed to the Dalilahs he is most fond of The greater help you give him the more Wicked he grows and certainly i● can be no act of true love to furnish hi● with matter wherewith to encrease hi● Damnation Withdraw that great assistance from him which he craves and hi● necessity may prove an expedient to reform his course and quicken him to such labour and honesty as shall render him worthy to be trusted in all such matter which are are needful for his subsistence CHAP. IV. Describeth the proper means to be used in Conformity to the Caution against Suretiship HE that wisely considers the Nature of Suretiship and mournfully ob●erves the bad Morals that are in the World will doubtless Study the means of ●is own safety with great application And ● the first place he must Religiously re●ember his Creator and Walk in the way ●f Life which is above This Advice as to the Wisdom of this World may ●em remote to the subject matter of the ●esent Caution Ecclesiasticus 29.19 But when I read that a Wicked man transgressing the Commandement ●f the Lord shall fall into Suretiship Tho' ●e word be Apocryphal and therefore ●ort of a Canonical Proverb yet I am ●●t to believe there is a great Truth in the ●ery Letter of it and that God in his ●ost Wise and Righteous Government of ●e World may bring this as well as o●her punishments upon a Wicked Man ● is none of the least disasters incident to this Life to be a Surety in a dangero● Case and therefore it may have a place ●mong such judicial and penal visitatio● wherewith God afflicts the Enemies of h● Kingdom not that it is a certain mark ● Divine Vengeance upon all that are tro●bled with it For the same providenti● Acts are capable of different interpreta●ons and may be a savour of Death ● some but of Life to others according ● the predominant qualifications of th● minds Eccle. 9.1 No man knows either good or ev● love or hatred by all that is before the● But must learn this Knowledge from T●picks of a more sublime consideratio● even from the dispositions and Temp● of Souls as being either agreeable with or discordant to the perfect mind of in●nite Goodness and Truth But this i● Mystery which needs not my present ●●cussion it is sufficient for my purpose o●ly to note that any Temporal Evil may ● an instance of Divine Justice to some ● in respect of others may be over-ruled incomprehensible moderation and me● and made instrumental to a comforta● effect I make no question but that ● blackest Waters may be changed into ●●uest Wine and Oyl to make glad ● Hearts of good Men and to make th● countenances cheerful Adversity never hurteth where no Iniquity Reigneth Ro. Winchelsea Archbishop but shall remain bitter to men of a contrary Nature and inclination And now if Suretiship may be inflicted upon bad men as a punishment of their Wickedness then on the contrary a firm and constant Vertue is a probable means to save men from this trouble And if Religion were rightly understood and as duly observed all might soon be convinced that it is the best expedient for their Temporal happiness in all respects as well as for their everlasting perfection and Glory But Men have vastly different minds about Religion and all are prone to attribute the main Excellences thereof to their own parties and many therefore come short of the happiness which it promises because they mistake the thing I will not strive to rifle Mens mistakes in this matter for such a task belongs not to my present business But I am perswaded that a real likeness to God in respect of his communicable Attributes is the best disposition that can be in a Soul endowed with intellectual faculties and a profound submission to him in respect of the Prerogatives of his Heavenly Crown is the best qualification that can be in a thinking Creature And there is good ground to believe that this constitution of mind can be wrought by nothing but a Divine Spirit forming the likeness and imprinting the submission And being God is clearly revealed to us by his infinitely beloved and only begotten Son Christ Jesus who has made all necessary preparation for this effect in our Souls we cannot draw near to God by any way better than by minding him with the strongest application who can bestow the Divine Spirit upon us whereby we are made partakers of the Divine Nature and quickned to receive that Heavenly Doctrine of his Gospel which is most wisely Calculated