Dire[/. 5• ~eft• I• • I ~ej1.2. ~·fl·3· ~·fl·4· Cafes about Law.Suits. School; fo. much to relieve diftrdfcd families, &c. J Let Mmh. 2 5· be well read, and your account well thougnt on. ~· 27· D.irt.Ct. 5· Kctp an acc~unt ofyour exptncet, aud pcrufe :btm before a Filft 1r a Sacrammt: and a11{ cvnfcicnce, bow it judgeth of them; Yea, ask fame holy prudent friend, \>Vhether fuch pro· portions arc aUow•ble before God, and will be comfortable to you in the day of your extremity. If you are but wiUing to be cured, fuch means as thefe will not be in vain. CHAP. XXII. [ ajej and f)ireEtions, againft injurioM La,v,Suits, Witne{sing and Judgement. Tit. t . (afes of (onfcimce abont Laiv,Suits, and Proceedings. ~e(i. ~· IN what cafts i1 it lawful to go to Law with othcr1 ? Anfw. I· In cafe of necdfary defence, when the Plamtiif doth compdl you to it. 2 When you are entru£\ed for Orphans or others whom you cannot otherwtfc r1ghr. 3· When your Children, or the Church, or poor, whom you fhould do good ro, are hke to fuffer, it you recover not your talent that God hath trufled you wah, for fl1ch ufes, from the hands of unjufi men: And they refufe all jufi arbitrations and other equal means which might avoid fuch fuits. 4· When your own neccffity confiraineth you to fcck your own, which you cannot get by carier means. 5• When your forbearance will do more hurt, by encouraging Kn:~ves in their injufiice, than it will do good. 6. When ever ycur caufe is jull, and neither Mr-cy, peace, nor the avoiding of fcandal do forbid it: That is, when it is like to do more goQd than harm, it is then a lawful courfe. But it is unlawful to go to Law, I• When you neglect ju!l:·arbitrations, pltience, and other need– ful means to avoid it. 2 · When yourCaufe is unju(l. 3· When you opprdS rhe poor by ir. 4· When it :s done in Covetoufnds, revenge or pride. 5· When the fcandal or hurt to your Brother, is Jike to be a greater harm, than the righting of your felf is like to do good: Then muft you not go willingly to Law. (l!!efi. 2· May I foe a poer man for a drbt, or trfJPafs? . AnfA'· 1. If he be fo poor as that he qnnot pay it , nor procure you fatisfaClion, the Suit is vain, and tendeth but eo cruelty. 2· If he have no means to pay, but that which will deprive him of food, and n~ment, and the ntcdTuics of his life or comfort, you may not fue him, unlefs it be for the fup_p1y of as great necefficies of your own; or in a riuft for Orpha11s, where you have no power to remit the debt : yea, and for them, no cruelry mu!l: be ufed. 3· Jf your forbelrance belike to make him abler by his diligence or other means, you Chould forbear if poffible. 4· But if he be competently able, and refufeto p1y through knavery and injufiice, and you have better wayestoufe that money, if fcanda\ fo1bid not, you may feek by Law to recover your own from him. ~cfi. 3· hlll:Y I [ut. a S~trcly wbofe intcreft was mt coJtctrncd in the c.Jfe i Anfw. If hispoverly make it not an aCt of crHI/ty>nor !Candal prohibite it,you may l Becaufe he was wi1Jing, and declared hisconfent, that you fbould have rhe debt of him, if the principal pay nor. To bc,ome Surety, is to confent to this~ And it is no injury to receive a mans money by his own con· fent and Covenant. He knew that you had not. lent it but on thofC terms; and you had rcafon to fuppoft:, that he who would uudertake to pay another mans debt, had fufficicnt ·reafon for it, ei– ther in relation, or counter-fecmiry. But as.rou mufi ufe mercy to the principal debtor, in hispover.. ty, fo mufi you alfo to the furety. ~eft. 4· May I foe for tbt ufe ofmoney at weUat for the principal? A•{w. Th!s dependeth gn the Cafe of U[ury before refolved. In thofe cafes in which it m;y not be t~J!..en, it may not be JUed for: Nor yet whtn the fcandal of it will dp more harm, than the moner will do good. But in other cafes, it may be fued for on the terms as the Rent of Lands m1y. Q;Jc!\. 5· May Law·Suiw be ujidto difable or humble an infolent wic'.fd m•n? .An.fill. You may not take up an ill caufe againfi him, for any fuch good end : But if you have a good caufe again!\ him, which otherwife you would not have profe<utcd, you may make ufe of ir,
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