« הקודםהמשך »
Heads of the last Insolvent /fft. %6$
"That all persons whose names are in- goods, effect!, estates, &c. be is possessed
fated in their respective lists, were on the of, inteiestcd in, or intitled to, except
first day of January 1765 really prisoners wearing apparel, bedding, working tools,
in the gaol of [inserting the name of the and uttnsns, in the whole not exceeding
prison] and at the suits of the persons the value of 10/.
therein mentioned ; and such as have been The schedule and oath to be subscribed in
Committed, or surrendered themselves since « the court, and lodged with the clerk of tbe
the 1 ft ot January 1765 (except those re- peace, for (he examination of the creditors.
moved to other prilbns, (z'c.) and that The court, if required by tbe creditor,
none of such prisoners, to their knowledge may administer an oath to the gaoler, or
or privity, have, with design to take any any other person, touching any of the
benefit from any act of parliament for re- anatters preicribed to be sworn to,
lief of insolvent debtor;, surrendered The prisoner's oath not being disproved,
themselves, or have been committed to the court is to discharge him, upon paying
the said prison, or got their names en- " a lee of 11. to the gaoler. An order for
lered as prisoners in the books, or have re* which ihail indemnify the gaoler for tho
fided out of the said prison or its rules." escape.
The oath to be taken by the other goal- The estate and tffects of the prisoner, en throughout the kingdom is to the fame upon his discharge, ate to vest in ihe clerk effect, except what relates to the liberty of of tbe peace, who is to make over the) the rules. The oaths are to be adminis- same to the assignees, named by the court, tered by the justices in the court, and en- for which he is to be paid 21. and no more, tered and subscribed at the bottom of each C Assignees are im powered to sue and ex- list; which list is to be kept by the clerk ecute any trust or power in the prisoner's •f the peace ; and copies of them are to behalf, and jive discharges. They are albe delivered in to be fixed up in the pri- so to get in, with all speed, the estate and sons, and on the gates thereof. effects of the prisoner, and make sale.
Persons inserted in the lists, being priso- within two months, of the prisoner's real
soners, without a fraudulent intention, on estate, in manner agreed upon at a meet
1 Jan. 1765, conforming to the regulati- fj'ng of the creditors summoned for that
ons of this act, shall be discharged. purpose; and make a dividend within
Prisoners in custody at the time of pas- three month j ; fir/t making up their acting this act, who were arrested for debt counts, and verifying the fame upon oath, on or before 1 Jan. 1765, and held to bail, Thirty days notice art to be given of and surrendered themselves on or before iz making any dividends, and none to receive Fat. 1705, on conforming to the regulati- any share thereof but such as shall prove ons of this act shall be discharged, their debts. Debts entered, to be exam. ■
Justices, upon the petition of the priso- g ned into and determined by the court, ner, and his delivering a schedule of his e- The surplus of the prisoner's tsta't, asstate, are to issue their warrant for bring- ter satislying all claims thereon, is to go w ■ng the prisoner to the quarter-sessions, &c. the prisoner.
with the warrant of detainer, and copy of No suit in equity is to be commenced,
the writ, &c. which warrant the gaoler, but by consent of the majority in value of
&c. is to obey. the creditors. The clerk of the peace to
The schedule of the prisoner's estate to exhibit to the creditor, or his attorney,
be transmitted to the clerk of the peace for P upon payment of u. the schedule of the
the inspection of the creditors. prisoner's estate and effects) An attested
Prisoners intending to petition for their copy thereof is to be granted, which shall
discharge, are to v,i« previous notice he evidence in all courts. The clerk of the
thereof thrice in the Gazette, and other peace refusing to preduce such schedule, of
news papers; containing tbe name, trade, to deliver a copy there- f, or taking exorbi
ar.i occupation, and two lajl placet of tbtir a- tant fees for the fame, soifeits 10/. and (re
bode, and the prison wherein confined, aid of ble costs ; one moiety to the prosecutor,
fbtie intention to take tbe benefit of' thit act, and _, and the other to the poor of the parish.'
wunt ion 1 ng such notice in each Gazette or navi- V Assignees of copyhcld and customary e
paptr, to be ibefirst, second, or tbird notice, ac- states to compound with the lord of the
fording to tbi tim of publishing each ofsucb no- manor, and to be admitted tenants tbere
Two-pence each time, and no more, is The prisoner's, 6V. right and interest
to be paid for inserting such notices. First on)y to be affected by this act.
?otice to be inserted thirty days, and the Effects on the premisses, where rent it
sl ten days before the quarter sessions, £fV. due, are to be transferred to the landlord,
Such prisoner being brought into court, H arid not made over to the assignees, unless due publication as tbe notices required be-' they (hall agree to satisfy the landlord.
log proved, &c. is to deliver in a schedule AH mortgages, statutes, recognisances,
of his estate, debts, and creditors, which and judgments, are to take place, presera
be li to take an Uth, contains al) tqf Veto claims of an inferior nature.
A power is vested in the prisoner of leaf- ney or effects, excluded the benefit of this
ing lands, iSc. to vest in the assignees. act.
The acting gaoler at the time of deliver- Gaoler to permit the speaking in paivat*
ing the lifts lliall only be liable to be sworn. to prisoners, whose names are inserted in
The court, is required by a creditor op- t'le lift, 01 Gaxtttt, &c. and the examining posing the prisoner's discharge, iscoadmi- the original book* of entries, (gc, en peniflcr an oaih to the gaoler that tticie is no A nany of 40/. with costs of suit, fraud or collusion practised by him cr any Any prisoner's suture estate and tfftcts, other person whatever, but that he pro- notwithstanding his personal discharge, liduced to the court a true copy of the able to creditors; weaiing appaiel, bedcause of such detainer or commitment. ding, and working tools, &c, not ex<ced
If such person shall not have been the ing 10I. value excepted,
gaoler on 'Jap. 1, 1765, ($c, then another Any creditor may sue for the recovery
oath is to be administered to him. The of debt due at the time of the prisoner's
court, il required by a creditor, may sum- JJ ^ 'i-harge, but not hold the prisoner to fpcr
mon the person who acted as gaoler on cial bail, nor take his person, wearing ap
Jan. i, 1765, Op since, and examine him pare:, bedding, or tools, in judgment;
touching the commitment and continu »nrl no advjniagc is 10 be taken of the
ance in custody of the prisoner. cau'e os action not accruing within three
Any gaoler disobeying the warrant or years, nor of the statute of limitation, exorder of the court, c?r. forleits 100/. with cept luj) suit did not acciue within three ttebfe costs. years after such prisoner's discharge.
Debtors who were beyond the seas on C The discharge of a prisoner no acquittal
Jan. i, 1765, surrendering themselves,may of the co-partner or smeties.
take the benefit of this act upon the lame Any ganlei making j'.ilie entries in the
terms as other prisoners } excepting such prison hook, or lift, loiseiis 500/. wiik
particulars wherein the cafes both differ. treble costs, over and above all other pe.
The fugitive's oath contains a dedara- nalties, lor such fraud,
tion that he was actually abroad on the Any prisoner refusing to declare the a
first dayof January 1765, and the rest of it bode, Ofe. of ihe. person at whose suit hei»
touching the surrendering up his effects, is D detained, or to come to the creditor in the
the fame as that of other prisoners before- lodge; is excluded the benefit of this act.
mentioned. Justices for the counties of Tori and
The gaoler and printer of the Gamut, or Lincoln, to meet at the county gaols, &c.
other news paper, not complying with tor difeba-geos prisoners,
the regula ions of this act, foifeit 100/. to Thole who are prisoners for their fees,
the prisoners, with treble cost* of suits. or other demands of the gaoler or officer,
Any gaoler convicted of perjury forfeits to be discharged,
joo/. with full costs of suit, iisc. One *■ Debtors to ihe crown, and prisoners
moiety to goto the informer, and the other who owe a:>ove 1000A to one person, un
towards satisfying the debts of the credi- less the cieditors consent, are excluded the
tors. benefit of this act.
The clerk of the peace refusing the pri- Any creditor opposing a prisoner's dis
sonera copy os his discharge, or taking ex- chaise, to allow him 31. 6d. per week, on
orbitant tees for (he fame, or 10. assign- nonpayment oi which prisoner to be dif
ing over the prisoner's estate and effects, charged, which discharges are to be obtain
forfeits 10/. to the prisoner, F ed by August t, 1767.
Any prisoner convicted of perjury to Persons seised of an estate tail, claiming
suffer as a felon. the benefit ot this act, are to deliver up the
Persons discharged by this act, not liable fame to the creditors
to arrest for debts, es*;, contracted before Assignees may apply for further exami
Jan, 1, 1765. nation if prisoner, touching the discovery
Justicei, sheriffs, and gaolers, may plesd cf his effect j, 6>r, and justices may fend
this act to any action ot escape, or suit for and examine the prisoner accordingly,
brought against them, and recover treble" Any prisoner refusing to appear, or to
costs. answer upon oath, may be committed.
Persons discharged may plaad generally Twenty pounds per Cent, allowed on dis
&c. to all actions or judgments brought a- covering, within u months, any part of
gainst them before J fin. 1,1765, &c. and in the pi ifoner'a estate not returned in the
other suits may plead in discharge of their schedule,
persons from execution. A discharge obtained fraudulently, void.
Plaintiff may reply generally, Gfc. bat Persons concealing any estate or effects
if nonsuited is to pay treble costs. H of the prisoner, forfeit 100/. and double va
B.inkrupts not obtaining their certificates lue, with treble costsof suit,
in due time, are excluded from the benefit Assignees, with consent of the majority
of this act. in value of the creditors, ma; compound
Attornies embezzling, &c. clients mo- "fordebts due to' the prisoner's estate'; and
Mr SandimanV Dotfrine sf Faith considered. 2.65
may submit any dispute relating thereto to it would he needless ever to ask for pararbitration ; or otherwise may settle and don, fjr we cannot do it before we believe agree the same as they shall think fit. the Gospel, and when we do believe it itu
Assignee* may be petitioned against for too late to ask, because we were pardoned
insufficiency, fraud, mismanagement, or bisjre. And is any man Jin, as we all of us
other misbehaviour; the court thereupon daily do, we must never look to God for
is to summon the parties, and make such pardon in the name of Christ, but only orders therein as they shall think fit. (s, believe the Gospel to be true, and that
Where mutual credit has been given, the thete is forgiveness with God through the
balance to be stated and allowed. atonement, because any thing more than a
Those who are prisoners upon process bare be'.-.efof tbt truth is not proper in order
o»tof the courts of conscience, to have to obtain pardon. Thus, neither at first
the benefit of this act. conversion, nor through the course of our
Quakers affirmation to be taken in lieu lives, have we anyeccation, nor ought wa
of an oath. to look up to God in the name of Christ,
Persons who took the benefit of the act B and pray to have our debts forgiven. Ac
of 1 George III. excluded. cording to Mr Sandiman, we must only be
This act not to extend to Scotland, lieve the Go'pel to be true, and in this belief we are to be perfectly passive, without
Dt A it Sir, any ail, exertion, or exercise os the human mind,
INmyfirstletterconcemingMrSW/mjii'i for he grants that pardon at first conver
writings (step. 209) 1 traced the remark- sioh, and afterwards is to be obtained in
able resemblance between the leading sen- the same way.
timents of his Letteri on Tberon and Afpasto, Q A very mistaken view of the Gospel led
and those of the author of Christianity not Mr Sandiman to this wrong notion of faith.
founded oil argument. But I now beg leave His view of the Gospel is this, That thee it
to add a few remarks on such of Mr San- forgiveness -with God fir impenitent stnrcn thro'
liman'i representations of divine truth as the atonement, to be dispensed by God according
his own followers have considered of the '• b:s sovereign pleasure in a sovereign way;
highest importance, and have therefore which admits 01 no more than a passive he
treated with the most prof iund veneration. lies os tbii truth, and leaves no room for
Mr Sandiman will admit no other idea D any acl, exertion, or exercise f the human mind.
into his definition if saving Faith, but a On the contrary, it is evident that the Gos
kare belief os the bare truth. This appears pel reveals God as ready to be icconciled
to me not to come up to the obvious mean- to all that come to him in the njmo of
in; of those Scriptures which evidently in- Christ; so that our believing the Gospel to
tima.e a dep-.ndance upon Christ as a Me- be true will not save us, except we come
diator. To come to God by and through to God in the name of Christ. And fines
Christ, and in his name, is not only tc be- it is certain that theie is no such thing as
lieve him to be the Mediator between God E forgiveness with God forimpenitentfinner*,
and Man, but also to make use of him, while they remain such, therefore is Mr
and to be affected towards him, as the Sandman's view of the Gospel very false?
Mediator, in all our approaches to God. Let us suppose the following cafe relat
But Mr Sandiman plead-, that coming to ing to a monarch who was justly admired
drift, or comin.' to God in the name of as the father of his people, yet had been in
thrift, js the fruit f Fuitb, and not Fai'b it- the greatest danger of assassination from
ji'f. I readily allow it is the fiuit of be- one cf his most obliged subject's; but the
lievingthe Gospel to be true; fjr the New F traitor was appiehended, condemned to
Testament comprehends this belies, and die, and brought forth to execution. Let
those fruits cf it, in saving Faith; as no us also suppose that this monarch's only
finner can be justified by this belief'vitli- son msde-his appearance at the place of ex
out this fiuit. When our Lord declaed, ecution a few moments before the criminal
Te will not c-jme unto mt that ye might have was to suffer, while a crowd of spectators
life, he couid not possibly mean, that the Q were crying out against the traitor, Away
bare belief of his being 1 he Messiah gave a with such a fellow from the earth, be it not ft
title toeternal life without coming to him, to Uze. In this c.itical juncture, and after
for then there would have been no nerd commanding silence, suppose the prince
so come to Christ that they might have If. Oir should declare his highest approbation of
Lord Would not have directed his disciples the law by which the rrr.:tor was condemn
to ask ail things of the Father in hit none; ned to die, and alto, that he himself hid.
nor have taught us daily to pray, foraj-vc offered such a ransom tor his life as his
»i o«ir debts, if pardon is net to be obtained H royal father had graciously accepted: And
by such praying: But is paidon is had by then, turning to the traitor, should fay to
e Ijre belief if the truth, then wc'aie not in him, T'orm puilty wretch, repent now cf thy
rhe belies of the truth, when we ask for -.iickedr.css,and on ihy knees ask pardon of thy
pardon in the name of Christ, because we injured Jcvereign, in my name, ar J thy fns shall
»frepardoned before we afkfd ; and thus be tlctted cut. Would not the whole audi
(Gent. Mag, Juki 1765.) ««»
ence clearly understand the meaning of such he set forth the divine law in all its purity* a declaration f Neither the traitor's re- and wiih all its curses. He never hints at pentance, nor his asking paidon of hit so- a distinction between active and passive, as vereign in the prince's run-.'., could in the having any tendency to humble a proud least counter-balance his crime, or pay a heart: But viewing ourselves in the light ransom sor his Use, But the prince's me- A of the divine law will give us oar true oration, ransom, and declaration are the character, and shew us what we deserve sole foundation of the traitor's hope, add at the hand of our Judge, and how much emboldened by these he falls at the feet of we need drift and free grace. It was) his sovereign, and, with a peniteot heart, PaiiF* maxim, The law is our scboolmasier to looks up to him for pardon in the prince's bring tit to Christ. There Is no possibility of flame: In this way he is forgiven entirely feeing our need of Christ but by the law. on the prince's account. On the other For to do honour to the law, as holy, just, hand, suppose this detestable traitor should anH good, was the design of Christ's mediae fuse to fall on his knees at the feet of in- B ation, and, without which, his mediation jured majesty, and to ask pardon in the would not have been riecessary to the sal prince's name, certainly his merely be- vation of sihneis; and, by the law, the tiering that in this way hi pardon might most holy and active faint needs Christ be obtained, would not entitle him to par- as much as the chief of tinners, don, but rather render him the most inex- Contrary to Paul, Mr Sandiman strangely cufable 6( all men. asserta, Thai thin it a /an given by which a
In like manner, if an Israelite, bitten With sinner nray he justified in the sight of God on the
a fiery serpent, believed that whosoever r> foot of bis owk virtue, short ossinless pcrfc3iont
looked up to the bra2en serpent should be and without any need of Christ t atonement, e
ficaled, but, not desiring a cure, should he vent* condition of sinter* repentance. This he
refuse to look up, his belief would not heal thinks to prove from Ete.ek.kl xviii. le xxxiii.
him; Or, if Peter's beaters, when pricked Whereas every pious Jew knew, that let
in the heart to think that they had mur- his repentance be ever so sincere, yet, ac
thered the Messiah, had refused to repent cording to the whole tenor of XheMosaic dis
and be baptittutd in the name of yes ut Christ, aS pensation, without shedding ofblood there could
they were exhorted to do, their believing bt no reaij/ien, Deal, xxvii, 26. Heb. ix. 12.
that hi was the Messiah) and that there D But Mr Sandiman committed this gross
was forgiveness with God through his blunder in support os his leading design*
name, would not have entitled them to vim. That there it forgiveness with Cod tbro
harden: And therefore a bare belief'of the Ch'ift for imptnittnt sinnen, while they remain
Bare truth is not the whole of what IS in- futh, before any ad, exertion, orexereije of their
eluded i 1 the scripture notion of justifying minds whatsoever, and consequently before
Faith, But, says Mr Sandiman, if more repentance, He fays, a passive belief of this
than a bare pets ision of the truth be admitted auieti the guilty conscience, begets host, and fa
*s requisite to justification, the whole ofChristi- toys a foundation for love. For supposing a
unity is overthrown* To which it may be E penitent sinner may be justified on the foot
answered, that Peter mad* repentance re- of his own goodness, without any respect
<juisite, AHi. ii. 38. iii. 19. But, says Mr to Christ and his atonement, then Chnst and Sanekman, the sincere penitent may be saved his atonement can only be necessary for im
■without any Christ, or atonement al all. No, penitent tinners. Thus Mr Sar.dimam't\
Peier not only said repent, but also be bapti- main point is proved j consequently tht
fed in the name of Jesus Christ for the remijfion only design of Christ's death must be to
of si,1 j and consequently affirmed, that ff procure pardon for impenitent sinners,
there it no other name whereby we must be saved, while they remain such, For, according
Peter's penitents, therefore, could only Be to Mr Sardinian's scheme, if ever sinners
saved in the name of Christ, are brought to repentance, they may be
But to fay that repentance is before for- justified on the foot of their own goodness, fcivenest, overthrows the whole Gospel in without any need of Christ and his atoneMr SanJiman's view. "Tis true it over- meht. Therefore Mr£«KUJMM's$ood man throws Mr Sandiman's gospel wholly, via:. ., is never brought to repentance, but all hit tfbat there it forgiveness with God through the ^ goednesi mrsists in love to that which sirst rf atonement for impenitent sinners, while they sieved him, and not in love to God's law, t-emainsuch, before any aS, exertion, or exercise without which there can be no true reifih.tr.inJ. Thus, in his zeal against a pentance. For the fame reason Mr Saudiself, righteous spirit, he dares not allow man c*n by no means allow that the 119th F.ii'.li to be an act, lest it should be made a Psalm gives the true character of David, or justifying righteousness. But may not a is applicable to any other good man, befell" righteous heart make a righteousness H cause it abounds with such expressions of cl a passive as w-11 as of an active Faith, love to Cod's law. He fays, it must beapand be as prowl of his paffivene's as the plied to Chnst ; forgetting that the Psalmist Pharisee Was of his fasting twice in the therefays, brfar* I was etfflifird I went astray, week. Was this Paul's manner of hum - which is a still proof that Christ, who ntfcting a proud scis-rijhteout heart t No, vrr
Mr Sandiman'j DoRrine os Faith confidertd. %$j
»»r wtnt astray, it not the person spoken *3- When we read of some exercising roof in that Psalm. pentance in a sense of previous forgiveness. Placing repentance before fv>!g|vcnrsi, if it shews that repentance, inltead of ccassetting pardon, says t/lr Sandiman, as high ing, is always increased by a sense of sorotksve tbe 'tacb if ant vibtsc conscience is aw/ate, givetic's , but we never lead of any whose/ as tbe ptrfeHion required by the laio itself, It fins are forgiven while they continue impemaji cast as much labour to corns tvitbin tbe nitent. Believing on bim tbat justisies the uiraach t)f it, ai to conform my bean It tbe lav of godly • implies a cordial acknowledging G.d. Of all corruption! of tbe Gospel tbit ii A (hat we are ungodly, which an impenitent the most dangerous. But dangerous at he sinner never does. David was a true penitbtnks it, the Gospel wat thus corrupted tent, and pardoned after repentance. I's, by Christ and hit apostles, who always xxxii. 3, 5, Though repentance arises taught that repentance it before forgiveness, from love to God, yet both repentance and and if he is for any easier way to Heaven love to God are before forgiveness. Christ than Christ and hjs apostles taught, it is no commanded repentance and forgiveness good sign. _ to be preached in his name to a sinsuj If we are invited to a feast by a neigh- " guilty world, and this order is not to be inboar, the invitation gives us a good right verted. We are not justified by faith ato go: And if God invites us to repent. Ipne, but by Christ's righteouines; alone, as 1 et urn, and be reconciled to him, through that only syhich qualifies for divine favour. Jesus Christ, and to accept him as the por- «V <te*d faith \\ always alone, without spy tionof our fouls, as the heavenly feast, it one Christian grace j but a living Faith imgivet us good right to do so, even as good plies repentance, and true repentance im■ right as the Ifreetitei had to take and eat C plies living Faith. No man ever was, 01 the manna which lay around their tents, ever will be forgiven tilj he it first brought But all these invitations give us no right to to true repentance. Al] definitions of believe that our fins are pardoned, and Faith, which leave out repentance and conthat God is reconciled to us, while we re- version, are definitions of a faith by which main impenitent, and refuse to come to no man ever was or ever will be justified. the feast to which we are invited, and e- lr. vain does Mr .S'j/Miimirsum up his whole yen despise and hate it. Had God express- scheme in Faith, Hope, and Charity : for iy declared, "If you will believe your fins D his Faith is a belief that there it forgive"are forgiven, they mall be forgiven. "eft with God through the atonement fir impeni"Impenitent as you are, I offer you par- tent sinners, while they continue such, which if "don as your own, only believe I offer it, false. A belief of this falsity is the foun"and that this offer makes it yours. I dation of his hope of forgiveness: And f pray and beseech you to believe and ap- tbis false hope, this hope built on fallhood, "ply it to yourself, impenitent as you are, 's the foundation of his love. The whols "aod you shall never be disappointed." Had °»" •>'» religion consists in love to tbat v/hicb reGod declared thusit had been anothercase: Elieves him, fhat is, in love to the diffrine of but there is not one tittle in the Bible that forgiveness; that is, in love to this doctrine, looks like this; on the contrary, God has that there is forgiveness with God through exprefly declared, Except ye repent ye/hall all ,r|e atonement, for impenitent sinners, perijb. Repent and be converted tbat your fens while they remain such j that is, in love to may be blotted oat. a falfhood. .
Though the th*tt thousand were convin- Mr Sandiman, imagining that there is ced that Jesus was the Messiah, which forgiveness with God thiough the atonepricked them to the heart with a fense of t ment for impenitent sinners, while they retheir guilt, yet this was not a saving Faith; main such, deniet that tinners should he for, if so, they had a rip.ht to baptism be- called upon to rrpent and bo cor.vcrttd thai fore they repented: but Peter calls uptn their fits may be blottid out, ot to come, for all them to repent first before baptism : Nor things are ready. He would have preachers did he baptise any but those who appeared only endeavour to bold forth evidence to cento receive tea toord gladly. That kind of ""'nee sinners that there it forgiveness taitb God raith, therefore, which was before, and n/" imfetittr.tsir.turs while tbty remainfuth. without repentance, at in Peter 1 judgment He sayt, a passive belies os tbit bcgeti btpe of it did nol entitle to baptism, so neither to pardon j and tbn hope begets love to this docpardon and salvation. Fer it was an ac- trim which relieves ut j aud in tin love, hz Knowledges point, in the Apostolic age, sayt, allgodlineji consists. And thus, at r.o that the faith which entitles to salvation, act, exercise, or exertion of the human entitles also to baptism. 4sl»-vui. 37. mini is requisite in order to pardon on h s Repentance is before forgiveness, be- scheme, so the sinner is to be called to ro cause Repentance is essential to Faith. Re-H act, exetetse, or exettion whatsoever pentance is implied in believing the Gospel ■ Thus he entirely excludes the call of tho with all the heart, yVctixx. at. a Tim. ii. Gospel; and as the external call of a;. Repentance is implied in looking to' Gospel is left out of his scheme, •"■ God for pardon in the name of Christ, Rom. tbe internal call j and a passive