|
|
| Line 1: |
Line 1: |
| {{Artifact
| | #REDIRECT [[The Law Against Bankrupts (1695)#Preface]] |
| |Title=Preface
| |
| |Artifact type=Treatise section
| |
| |Creator/author=Thomas Goodinge
| |
| |Imprint/call number=Wing (2nd ed., 1994) / G1099C. London: printed for S. Heyrick, C. Harper, J. Place, J. Harrison, S. Keeble, D. Brown, J. Cleave, W. Rogers, R. Sare, W. Reeman, T. Goodwin, M. Wotton, R. Vincent, A. Roper, and J. Brixey, 1695.
| |
| |Keywords=Book; Legal treatise; Bankruptcy; Creditors; Merchants; Chancery; Commercial law; Debt recovery
| |
| |Date=1695
| |
| |Start date=
| |
| |End date=
| |
| |Period=Stuart
| |
| |City and country of origin=London, England
| |
| |Latitude=51.5074
| |
| |Longitude=-0.1278
| |
| |Coordinates=51.5074, -0.1278
| |
| |Current location=Harvard Law School Library
| |
| |Economic theme=Bankruptcy; Creditors; Merchants; Commercial law; Debt recovery
| |
| |Practice/technology=Printed legal manual; bankruptcy procedure; case compilation
| |
| |Capitalism status=
| |
| |Religious context=
| |
| |Legal/political context=Printed synthesis of English bankruptcy statutes, case law, and chancery/common-law procedure
| |
| |Labor context=
| |
| |Related artifacts=[[The Law Against Bankrupts (1695)]]
| |
| }}
| |
| | |
| Source PDF: [https://drive.google.com/file/d/18eYz4NUeFwAhukSlJa-wax6pHY5Uz02c/view?usp=drive_web Google Drive file].
| |
| Parent page: [[The Law Against Bankrupts (1695)]].
| |
| | |
| THE Law against Bankrupts: OR, A TREATISE Wherein the STATUTES AGAINST BANKRUPTS are Explained, BY Several Cases, Resolutions, Judgments and Decrees, both at Common Law and in Chancery. TOGETHER With the Learning of Declarations and Pleadings relating thereunto. To which are likewise added Forms and Directions for Commissioners, and Presisidents, sit for the perusal of Lawyers, or Merchants and Tradesmen. Sic utere tuis, ut aliena non Laedas. By T. G. Serjeant at Law. LONDON, Printed for S. Heyrick, C. Harper, J. Place, J. Harrison, S. Keeble, D. Brown, J. Cleave, W. Rogers, R. Sare, W. Freeman, T. Goodwin, M. Wotton, R. Vincent, A. Roper, and J. Brixey, 1695.
| |
| | |
| THE PREFACE TO THE RE ADE R. THE Statutes of Bankrupts, and the Proceedings thereupon (to any persons who entertain the least Commerce, and know the World but at an ordinary rate) will certainly appear to be very important; and not only in respect of the greatness of the Estates, the variety and multiplicity of Debts, Credits and Accounts, about which they are concerned (the effects whereof are derived down upon thousands of Families) but also in regard of the extream Severities and Penalties which are inflicted on the Offenders. And I have often wondred, that so little hath been written on a Subject which makes so great a Figure amongst Men of Business, either at Westminster-Hall, or upon the Exchange. Nay, I may add (to carry on this Reflection a little further) the concerns of Bankrupts, which were heretofore almost wholly managed within the Precincts of our Capital City or famous Marts, are now descended into Country-Towns and Villages, so that it is become a matter of Publick Consideration. There are but two (that I know of) who have designedly Treated on this Subject: Mr. Serjeant Stone, who was a Learned Lawyer and the greatest Commissioner in his time, hath left us his Readings on one of the Statutes against Bankrupts; which are indeed full of Moot-Cases, ingeniously contrived, but there are not many stated Resolutions; the Cases of Services, Tenures, Seisins, Wardships, and the like, are not practicable now; and besides, he hath applied his Reading to one Statute only, and that the first; whereas the defects of that Law hath been abundantly aided and supplied by subsequent Statutes, so that He cannot be sufficiently directive in this Grand Concern: And Mr. Billinghurst, who, for so much as he hath attempted, is Acceptable; but we must say, he hath done little more than to improve the method to which the Statutes themselves naturally lead him; the Resolutions are but few, neither do they extend to thousands of Cases that daily happen in these weighty matters.
| |
| | |
| Having therefore had some loose Papers, relating to this Subject, brought to my hands, upon perusal of them, I found they might be useful as well for Lawyers as Merchants and other Traders: I considered we are not born meerly for our selves, we are sometimes, at least, obliged to render our selver serviceable to the welfare of the Publick Society whereof we are Members, and to do something that may be useful for others. I then (the whole being left to my disposal) made some Additions and Substractions, as I thought convenient, and moulded them into some Frame and Order; the result whereof is this little Piece (for Voluminousness I never affected) which I now present to you. Whereof I think it becomes me to give this short Account: To address my self then in the first place to the Gentlemen of the Long Robe, I conceive it might be some advantage, not only to cite▪ (under Proper Titles) our Printed Law Cases, and in some places to correct them, (but that very sparingly, for it is expected we should read Reporters in their own Words) but to add some Cases not extant, which I have observed in the Course of my Profession. I have, in some measure, considered the Learning of Declarations and Pleadings upon Actions brought by the Assignees of the Commissioners, the usefulness whereof I need not stand to Illustrate. The Forms and Presidents (tho' I have not displayed all the Arcana's of the Commissioners Practice) will be sufficient to give such hints and helps to an ingenious inquisitive Mind, as thereby to enable him, upon occasion, to frame Instruments of the like nature. In which let me recommend the President of the Scire Facias upon a Judgment recovered by the Bankrupt against an Executrix, which I take to be the exactest in its kind, and which was found in the Manuscripts of Mr. Pynsent, a very Judicious Practiser and Prothonotary of the Common Pleas (now deceased.) As for the Merchants and Tradesmen, the advantage of a Treatise of this Nature will appear if we consider them as Creditors or Debtors, and into one of these two Ranks we may generally cast them. For, it is morally impossible to think that a Merchant can make a solemn Protestation in this sort; I owe to no Body, and no Body owes to me. Affairs of this nature cannot admit of such even Ballances: If we consider the prospects and allurements of Advantage and Profit, the insinuations of Business, the Twistings and Links of Commerce; in short (I say) if we reflect on the Revolutions, Movements and Intreagues of Trading, we may then find reason to pronounce, that no Trading Merchant (while he continues such) can say to his Shop▪ Book (which is as restless as that watry and unstable Element) hitherto shalt thou go and no further. You who are not not only dipt, but drencht in Debt, may see here how to manage your Concerns with so much Prudence, as to avoid those dangerous Shelfs on which thousands of Families have been irrecoverably ruin'd. For I am very confident, many have committed, or suffered such Acts of Bankrupcy, which they never understood would bring them within the Compass of the Statutes, but have thought that it only consisted in Absconding or downright Running.
| |
| | |
| You who are Creditors, may in this receive hints how to secure your Debts in time, and to be precautioned not to be too forward in any fraudulent Contrivances, when you are sensible your Debtor is a Bankrupt, tho' no Commission be awarded out against him: And also how, and in what time you are to be relieved by the Statutes, and whether you are such Creditors who are capable of Relief. It must be granted, and it's the subject of pity rather than scorn, that many good Men may, and do insensibly sink and decay in their Estates, either by losses at Sea or Land, living up to support a Credit, and shoar up a Reputation (no mean Mystery in this World) or by the fatal and hidden determinations of Providence, which will sometimes baffle human designs, and will teach us not to ascribe Success always to our own Industry: And therefore frequently presents Instances to confirm the truth of the Wise Mans Observation, The Battle is not always to the Strong, neither Bread to the Wise, nor yet Riches to Men of Ʋnderstanding. A Bankrupt, by Fraud, I always hated, I mean one that breaks on purpose to raise a Fortune by the ruin of others; tho' my Charity and Reason will induce me to believe such are not very ordinary. To leave a dear Family to the taunts and scorns of inconsiderate and insulting Fools, to roll about the World ones self like an Outlaw or a Fugitive, certainly are not things of choice, they are in no wi•e amiable. If such Monsters are to be found, I conceive our Laws are no• fevere enough against them. But I regret the proceedings against Bankrupts by Accident, (if we must allow of that distinction) and am sorry they are involved in the same Penalties. But I must digress no further. I have only to add, My design in this is for the Publick Good of my Countrymen: And upon that score I must rely upon the Readers pardon for my Mistakes: However, if he will be so inexorable as not to grant me a total discharge from my Errors, yet I hope my honest intentions may molli•ie him into some reasonable composition for them.
| |
| | |
| T. G.
| |
| | |
| Editorial note: This page is a section-level draft derived from the cleaned text witness prepared from the shared PDF. Viewer chrome and appended ProQuest metadata were removed, but OCR irregularities remain visible where they affect spelling or spacing.
| |
| | |
| [[Category:Documents]]
| |
| [[Category:Debt and Bankruptcy Texts]]
| |
