der in refolving fuch Cafes. But cought to have a more tender Care of the Souls of Men, than of their Eftates.

Therefore to deal plainly, and to difcharge my Confcience in this Matter, I think Such PerJons, notwithstanding the Compofition, do ftand obliged in Equity. and Confcience for the whole 'Debt; and are bound to dif charge it, fo foon as they can with tolerable Convenience. My Reafon is, Because tho they be difcharged in Law, yet the Law does not intend to take off the Obligation of Confcience or Equity, which they are under; but leaves that as it found it. Thus the Cafe ftands..

C..

Men who are in a way of "Trade, are engaged by the Neceffities of their Calling, to venture a great part of their Eftate in other Mens Hands; and by this means become liable

"many

many times to be undone with out their own fault. There "fore, it is ufual, when any Man" in a way of Trade becomes difabled, for the Creditors to 'make fuch a Composition with him, as his Eftate will bear; and upon this Compofition, to give him a full Difcharge, fo as that they cannot afterwards by Law require of him the Remainder of their Debt.

2

1

Now, though this be a favour to the Debtor, yet it is principally intended for the Benefit of the Creditor.

"Because it being his Act, it is to be prefumed, that he intended it as much as may be, for his own Advantage.

And fo it is. For the Creditor hath as much Satisfaction at prefent, as can be had. And the Debtor is hereby left in a Capacity of recovering himself

again by his Industry and Diligence. Which could not be, if he were not fully Difcharged.

For if he were still liable for 'the reft, he would continually be obnoxious to Imprifonment; which would render him incapable of following his Calling. Or if he were at Liberty, he could have no Credit, to enable him to do any thing in his Calling. For who would trust a 'Man with any thing, who is 'liable every Moment to have ' it taken from him?

་

So that the Reafon of this plenary Discharge is this. That Men, who are otherwife hopeful, and in a fair Probability < of recovering themselves, may not be rendred incapable of getting an Estate afterwards; whereby they may Support themselves, and Discharge their Debts.

Now

7

Now this Dilcharge being given in order to thefe Ends, it cannot be imagined that it 'fhould be intended to defeat them. But it is in all reafon to be fuppofed, that the Creditons did not intend to take off the Obligation of Equity and Confcience; only they defigned to put the Man into a Condition of doing fomething, towards the enabling him to dif charge his Debt.

วง

So that unlefs it were exprefs'd at the Compofition, that the Creditor would never expect more from him, upon account of Equity and Confcience, but did freely forgive him the reft, the contrary whereof is ufually done; I fay, unless it were thus exprefs'd, there's no reason why the Creditor's favour, in making a Compofition, fhould be abused to his Prejudice; and why a

•>Le

Legal Difcharge, given him on purpose for this Reafon among beto put him into a Capacity of Recovering himself, and giving full Satisfaction; "fhould be fo interpreted, as to extinguish the equitable Right of the Creditor to the Remainder of his Debt. V. ABP: TilLotfon's Serm. Vol.

VIII. p. 413.

I have recited this Cafe at large, for the Conviction of all Perfons concerned.

:

And if the Sick Man hath been guilty in this Inftance, by making a fraudulent Compofition and hath enriched himself by cheating his Creditors, (as too many, vefpecially of late, have done) I admo nifh him, in the Name of God, (fo far as his Circumftances will admit) to make Speedy Reftitution.

And becaufe Men are apt to be too favoura ble to themselves; let him take the Advice of his Spiritual Guide, or fome other Prudent Friend, How, and in What Man her, to make fuch Reftitution.

Of