HAving lived to near the top of the Mount of Man's Age, in great trouble and ſorrow, I will now hope for a Year of Jubilee, before I begin to ſtep down on the other ſide of the Mount: And therefore having brought mine Appeal to His moſt Gracious Majeſty, I do now ſet forth my Grievances in the Narrative following; that ſo it being duly conſidered, how much Evil Mr. Moyer's Malice hath brought upon me, ſome Recompence may be made, and I Relieved; and Juſtice being done, I may moſt heartily pray God to forgive him and all my Enemies, and the King's Throne may be eſtabliſhed to him and his Poſterity throughout all Generations.

The Worſhipfull John Jollife, deceaſed, having bin Partner in Trade, and Merchandizing with my Father many years before I was born, and ſo continued many years after; I was ſent by them abroad into Turky, which was in the Year of Our Lord 1668, when my Father being much troubled with the Stone and Gravel in his Kidneys, did very much deſire to part their Stocks: To which propoſition, although for a long time the ſaid Mr. Jollife was very much averſe, yet my Father alledging that his Body was infirm, and not likely to continue long; and that I being grown up and gone abroad in the World, 'twould ſave much trouble and imbroil with Executors: He was at laſt prevailed with to part; and in April 1676, which was but the Month before he died, my Father did write to me, that he had then juſt finiſhed and ballanced their Books, and appropriated each Man's Right to his proper Accompt: But all the while, which was ſome-time (near ſeven years) in doing, Mr. Jollife having married his eldeſt Daughter to Mr. Samuel Moyer, was very peeviſh and contentious in his Correſpondency with me, inſomuch that I often deſired him to imploy and ſend his Buſineſs to ſome body elſe, but could not prevail with him untill my Mother did importune him, and then he did it with as much unkindneſs as poſſibly he could, being after my Father's death moſt induſtriouſly incenſed againſt me by the ſaid Mr. Samuel Moyer, who was very jealous and fearfull of his Father-in-Law's having too good an opinion of me; and this I have the more reaſon to believe, becauſe before that his Marriage I am very confident I never had ſo much as one ſyllable of an unkind word from him, or an unkind look in Twenty years; that I was in a manner almoſt daily with him, unleſs in the time of my Nurture and School-education before I went abroad, but always very kind in his Expreſſions towards me. But after my Father's deceaſe, Mr. Jollife being grown old and feeble, and decrepid, as I have been told, Mr. Moyer made uſe of the opportunity to make him believe any thing, and did accordingly perſwade him that I had ſent him home Grogoram-Yarn at four Dollars per Oke, not ſo good as what himſelf had received from others at 2¾ Dollars per Oke, although by my Letter of Advice, and the Invoice thereof, 'twas charged at no more than two Dollars per Oke; ſo that he proteſted againſt me for ſo doing in Publick Notary, and would have charged it upon me at four Dollars per Oke, as Mr. Jollife himſelf wrote me: Alſo he perſwaded Mr. Jollife, that I had kept 13272 Dollars in mine hands from him, which being the Ballance of an Accompt of the Nett proceed of all his Goods conſigned to me and Mr. (ſince Sir Philip) Gell, who upon the death of his elder Brother, being by his Father called home, left the Country before they were diſpoſed of, and accordingly Embarked the 5th of Septemb. 1675, on the Ship Briſtow Merchant for England, and left the Goods with me in Ware houſe unſold, as was ordered. All which being afterwards ſold by me, I did not delay, but inveſted his Moneys in the beſt Silk, and other Goods, as opportunities did preſent moſt to Mr. Jollife's advantage, and did lade and conſign his ſaid Goods, according to his Order, by all the firſt good Conveyances, as they did preſent; which were as follow.

On the 20th of April, 1676, Five Bales Sherboffee Legee Silk, on Board a French Ship called the Jeruſalem, Captain Petro Audibert Commander for Leghorne, and conſigned them for the ſaid Mr. Jollife's Accompt unto Mr. Gilbert Serle, and his Nephew Mr. John Jolliffe, who were his Factors and Correſpondents in Leghorne, which amount to Lyon Dollars 3899 39 26th of the ſame April, Eleven Bales Sherboffee Legee Silk on the Turky Company, General Ships; viz. the Levant Merchant, Captain Nicholas Kerrington; and the Turky Merchant, Captain John Kempthorn Commander, and conſigned them to Mr. Jollife's own ſelf, for his own proper accompt, amount in Money to the Summ of Lyon Dollars 8443 30 On the 27th of June, 1676, Two Bales Sherboffee Legee Silk on the Ship Thomas and Francis, Captain Faſtolfe Commander for Leghorne; amounting to Lyon Dollars   1829 28 And Five Bales Cordivants, amounting to Dollars 442 32 Which together make Lyon Dollars 2271 60 2271 60 Were conſigned for the ſaid Mr. Jollife's Accompt to his ſaid Correſpondents G. S. and J. J. at Leghorne.     28th of the ſame June, Seven Bales Sherboffe Legee Silk on the Ship Mary and Martha, Captain Dyer Bates Commander for London, conſign'd to the ſaid Mr. Jollife for his own proper accompt in London, amounting to Money, Lyon Dollars 6387 25- Which being added altogether, make the Summ of Lyon Dollars 21001 74

Now all the Goods which Sir Philip Gell left with me, as aforeſaid, being ſold, I did draw out Mr. Jollife's Accompt currant upon the 10th of May 1676, to the time of their diſpoſal; the Ballance whereof being then Lyon Dollars 13272, and Aſpers 70, were made good to him, as above; which with an Addition of Dollars 7729, and Aſpers 4, do make the Summ of Dollars 21001, Aſpers 74; all which went ſafe, and were actually received by Mr. Jollife and his Order, in the Year 1676, which is apparently three years before the Complaint; yet Mr. Moyer ſo far incenſed him the ſaid Mr. Jollife, that he not only ſtamped and railed againſt me on the Exchange, ſaying, I was not worthy to live upon God's Earth; but did alſo write complaining Letters to Sir John Finche, then Embaſſadour at Conſtantinople, pretending that I kept the ſaid Moneys from him, and for that reaſon deſired him to ſend me home in Chains, as I was told; Whereupon the Embaſſadour did not only write unto me, but did enorder the Honourable Mr. (afterwards Sir Dudley) North, at his Return home for England, to examine and ſettle the ſaid Mr. Jollife's Accompts with me, who found, upon due examination, and comparing accompts with me, that I had wronged my ſelf and made Mr. Jollife good Three hundred Dollars more than were due to him, and did atteſt the ſame upon Oath in the Chancelliria, at Smyrna, before Conſul Ray, as may appear by the ſaid Honourable Sir Dudley North's Depoſition here following.

Thus Mr. Moyer in theſe and many other particulars, having incenſed Mr. Jollife againſt me in a moſt unreaſonable manner, I could not imagine what ſhould be the reaſon of ſuch unparallell'd Malice: For, in reality, I was truly faithfull and much more diligent for Mr. Jollife's intereſt than mine own, or than uſually Factors are for their Principals; for I did not only disburſe oftentimes 4 or 5000 Dollars of my own Moneys to make him Returns by many Conveyances, when his Goods lay in Warehouſe, and could not be ſold by reaſon of their ill quality and exceſſive dearneſs, but alſo was forced to uſe all poſſible means to get them off, or elſe they would never have been ſold for near what he rated them at in his Invoices: For I do believe, and I have heard, that he was abominably cheated in the buying of his Cloth here in England of Mr. Moyer's Couzen, one Henry Farmer, for I ſhowed his Cloth to ſome Friends abroad that had large Conſignations of Cloth from their Friends here in England, conſtantly by the ſame Ships; which, when they ſaw, did ſtand in admiration, ſaying, If they had ſuch Cloth, they ſhould deſpair of ever ſelling it; and upon comparing them, we found that they had better Cloth at Six pounds per Cloth by their Invoice, than Mr. Jollife's was at Eleven pounds per Cloth by his Invoice: And though I did write to him of it, and would have ſent him Muſters or Patterns of his Cloth, thereby to find out the cheat, he would not hear thereof, but did paſſionately affirm his Cloth was not over-rated, and no Man bought his Cloth better or cheaper than his was bought. Now being thus certified by him, I could do no leſs than maintain the Price according to Invoice, and with much labour and induſtry many times for Six months together on a bargain, I did at laſt prevail with ſome people to take off his Goods; but, alas! the poor people were moſt of them ruined that took them; and one of them an Armenian, whoſe Name was Karibogle, turned Turk, thinking thereby to have the benefit of the Turkiſh Laws againſt me, for ſelling him the ſaid Jollife's Cloths; and I, to prevent farther miſchief, was forced to give him good Words, and preſent him with 180 Dollars he owed me on ſome Goods I had of his in my poſſeſſion, of treble value, which I was glad to let him take away upon his giving me an Hogett, and acknowledging full Satisfaction before the Caddee. Alſo I was forced to take of another Armenian (that bought his Cloth) Grogoram Yarn, and other Goods, in the ſtead of 10000 Dollars I had paid for his Account unto Silk-men for Silk, which I did with faithfull diligence haſtily ſend to Mr. Jollife upon account of a Bargain with him for the ſaid Jollife's Cloth; he being alſo ruined, I loſt above 4000 Dollars thereby, which I did think was but reaſonable to charge to Mr. Jollife's Account; but Mr. Moyer bringing his Bill in Chancery, I was adviſed to drop it as a thing that would not be allowed, neither was I allowed the 180 Dollars before mentioned, nor 500 Dollars charges I was at in ſending a Parcel of his Cloth to Bruſſia, near Conſtantinople, to be ſold there, or to be forwarded to Conſtantinople; but his Correſpondent Mr. North Writeing me, he could not receive them without paying another Cuſtom; I was forced to order them back again to me without effecting the Sale of ſo much as one Inch of them, by reaſon they were ſo very baſe and extream dear Cloth. For me to enumerate the maniſold Vexations, Troubles and Loſſes ſuſtained by Mr. Moyer's miſ-management, and diſſwading of Mr. Jollife againſt me, would be both long and tedious. But I did never yet hear of any Man that lived abroad as a Factor, was ever ſo ungratefully requited, and baſely uſed, as I have been ſince mine unhappy Return into England: Yea, he endeavoured oftentimes to ſet my own Mother againſt me, by ſpeaking to her ſometimes, Pray be not too brag of your Son: and ſometimes, Pray have a care, and be not too confident of your Son: Then my Mother asking, Why, do you know any harm by my Son? Then he would anſwer, No, not I; what I ſay is only to give you a Caution to have a care: and many ſuch ways he uſed, amongſt many other people, on purpoſe to caſt Infamy upon me: I could not but be very much troubled and grieved in my mind; and there happening a very great Plague at Smyrna, ſo as to cauſe moſt of our Nation there to retire into the Country, I did, to divert Melancholly, make a Journey from Smyrna to Jeruſalem, in which I ſpent about Nine months; and at my return to Smyrna, Mr. John Freeman acquainting me of ſundry of Mr. Jollife's malicious Practices againſt me, which he had heard ſpoken of by ſeveral of our Nation in the Factory of Smyrna, according to their Advices from England; I could not but take it very kindly from him, and did thereupon look upon him as a particular Friend; and indeed the more, becauſe no other Man did do the like; and truly finding in my ſelf that my Paſſion was ſo raiſed, that I thought if I ſhould ſee Mr. Jollife, I ſhould not be able to forbear beating of him; and conſidering that as he was old and feeble, if I ſhould ſtrike him, and thereupon if he ſhould die within a year and a day, I ſhould lie liable to the ſeverity of the Law; I did reſolve to forbear coming to England whilſt Mr. Jollife lived, as I do believe I told Mr. Freeman: And thereupon walking one day in Mr. Freeman's Hall or Parlour, where the Picture of Mr. Freeman's Daughter did hang, being drawn very Womanly; Mr. Freeman and his Wife being both there, I did ask them, If their Daughter were Marriageable? they ſaid, Yes, they would warrant her Marriageable: Then, ſaid I, if you'll ſend for her, Ile ask her the Queſtion: Then they both (laughing, and ſeeming to be very well pleaſed) replied, It ſhould be done, they would ſend for her. Next day I went to them again to ſee whether they were in earneſt or in jeſt; when finding that they were in earneſt, we did then more particularly diſcourſe about the matter; and they did again warrant their Daughter marriageable, being tall of her Age, and born in that Country, where Women are very forward at Ten or Eleven years old; and many things to that purpoſe: And being by their diſcourſe fully ſatisfy'd, and put out of all doubt of her being Marriageable, I did then again tell them, That if they wonld ſend for her, ſo as to come out by the firſt Ship, I would certainly ask her the Queſtion; but they muſt be ſure to carry it very privately and ſecretly, ſo as to keep the matter from taking Air; for if it ſhould come to my Mother's Ear, ſo as that ſhe ſhould forbid me, that then all ſhould be nothing; and for that reaſon it was that I did deſire ſhe ſhould come out by the firſt Ship; for as I was I might Marry without my Mother's conſent, (as I thought) but I could by no means think of doing it againſt her conſent or poſitive order to the contrary. And after this manner we did diſcourſe ſundry Days until a Conveyance for Chriſtendom went and carried away their Letters: And then they told me what care they had taken of the matter, how he had written to Mr. John Foley, and remitted ſixty Dollars to him to ſupply her Grandmother with Moneys to buy her Cloaths; and that his Wife had written to her Grandmother and Aunt to be very carefull and private in fitting her with good Cloaths, and to ſend her out in a good handſome Equipage by the firſt ſhip for Smyrna, which was the Ship called the Smyrna Factor, Captain Marriner Commander; yet becauſe the Companies general Ships were in a ſhort time after to come from England they thought it more ſafe to ſend her out upon one of them, which was the Mary and Martha, Capt. Dyer Bates Commander, who with the reſt of the Ships arriving on Sunday Evening the 2d Day of May, Anno 1680; her Father went on Board to fetch her on Shoar, and after having carried her to the Conſul's Houſe, he brought her home about Nine or Ten at Night, when I went to bid her welcome to Smyrna, according to the common Cuſtom; and finding then only her Parents and her together, I ſat down and ſmoaked a Pipe of Tobacco with them, and placing my ſelf by her, asked of her welfarè in her Voyage and Paſſage from England, &c. So having paſſed about an Hour with them, I aroſe to go home, and at taking my leave I told her, that I hoped ſhe and I ſhould be better acquainted; and ſo went home to my Habitation in the Viſier's Haune, with Intentions to ſee her no more until ſuch time as all the Factory had given their Viſits as was uſual to all Strangers at their firſt arrival in that place; for I had told her Father before her arrival, that I would not viſit or make any Applications to her until that Ceremony was over. And though I had thought it would have taken up near a Weeks time at leaſt, yet about two or three Days after, her Father came and told me, That the Factory had been all at his Houſe, and paid their Viſits, and his Daughter was ready whenſoever I would pleaſe to come. Then I told him what an unhappy thing 'twas that ſhe did not come out by the firſt Ship, and how by the general Ships I had received a Letter from my Mother, cautioning me againſt the thing; and ſhewed it to him accordingly▪ at which he ſeemed ſomewhat diſturbed; but however I told him, I did deſire to do all reaſonable things that were juſt and fair; and if he would bring Dr. Luke our Miniſter, I would ſhew him the Letter, and if he would ſay it did not amount unto a Prohibition, I would come and make my Applications to her; but if by the Letter he ſhould underſtand and declare it a forbidding me the thing▪ I ſhould then deſire to be excuſed, becauſe, according to the Agreement, ſhe came not out by the firſt Ship, and therefore I was clear, and no farther oblig'd. Afterwards Dr. Luke and he were with me together in my Dining-room or Parlour, at the Viſier's Haune, where we had many long Diſcourſes about the Affair, and then Mr. Freeman was ſo very paſſionate, that he wetted a very large Cambrick Handkerchief with his Eyes and his Noſe, ſo that there did not ſeem to be a dry thread in it, and ſaid, that he knew Mr. Albyn to be a very juſt man, but he believed him to be a very cruel man. Then ſaid I, Let the Doctor read this Letter that I received from my Mother, and then if he will ſay that I may marry your Daughter without ſinning againſt God, by offending my Mother, I'll go on to marry her without any more adoe. Then Dr. Luke having read the Letter, ſaid, I am ſorry you ſhould put this thing to me, Mr. Albyn; but ſince you have (ſaid he) I had a Siſter that married without her Father and Mother's conſent, and God Almighty never proſpered her, and therefore I'll never adviſe or give my conſent for any Children to marry without their Parents conſent, and ſo good night to ye, clapping the Palms of his Hands ſo very hard together as made a loud ſmack, and flinging paſſionately out of the Room, came no more near us at that time: So being left together, and Mr. Freeman continuing in a moſt grievous crying humour, and no way to be pacified, I did, to ſatisfy him, ſay, That if he would come to me next day, after his Paſſion was over, I would talk farther with him about the matter; at which he ſeemed better ſatisfied by much, and went his way. Now he being gone, I could not but be much concerned and troubled at what had happened, and thought my ſelf obliged to conſider very well with my ſelf, what I had beſt to do in ſo weighty a concern: Then conſidering Mr. Freeman's Humour, how Imperious and Inſolent it was where he had power to domineer, I thought I would propoſe in Writing to make ſuch Articles with him that he would never condeſcend or agree unto. So taking in hand a Pen, and Ink, and Paper, I did directly write down what did then come to my Mind, a rough Draught, not in the leaſt thinking it in any due order, or expecting he would ſign it, but only to know if he would ſign ſuch Articles, and then I thought to have had them drawn in due form, and ſo to have them fairly written out: But much contrary to my Expectation, the next day when he came and had received and read over the ſaid rough Draught, he did without any ſtop or ſtay ask for a Pen and Ink, and immediately adding a few Lines, ſet his Name thereto with his own hand, ſaying, I am reſolved nothing ſhall hinder. Now being thus ſurpriz'd with this ſudden and unexpected Complyance, I thought all ſhifts to be at an end, and to ſtand too much upon drawing and ſigning Articles in due form, would favour too much of Niceneſs, and would breed but ill Blood, and that in Honour and Honeſty I could delay no longer; ſo promiſed to come to his Houſe the next day; but withall, did make him promiſe, as both he and his Wife had promiſed before her arrival, not to direct or perſwade her to do or ſay any thing, but purely to leave her to her own Inclinations. Alſo I did deſire of him, that when I came, ſhe might be no ways ſet out with any ſort of Dreſs or fine Cloaths, but to appear only in her Night-cloaths and worſt Apparel ſhe had, and I would do the like; for I would have no deceit, but that we might appear to one another the worſt at firſt.

On the next Day, being the 8th of May, 1680, about one Afternoon, Mr. Freeman came to me, to put me in mind of my Promiſe. I told him, I ſhould not fail to perform; but be ſure that your Daughter be not dreſs'd otherwiſe than as I deſired, and you promiſed, in her plain Night-cloaths. At preſent I have ſome Goods juſt landed, and lying at the Cuſtom-houſe, and as ſoon as I have gotten them home, and ſtowed them in my Warehouſe I'll come. So telling me all ſhould be as I deſired, and he would go home to expect me; then he being gone, I went about my Buſineſs, and in few Hours after, having gotten my Goods ſtowed in my Ware-houſe, according to promiſe, I dreſs'd my ſelf in my worſt Garb and went to his Houſe, where I found him and his Wife ſitting in their Hall expecting me: So I ſat down with them, and asked where their Daughter was, who being called, came in unto us as I had deſired; then I aroſe, and having ſaluted her, I returned to my Seat at a diſtance from where ſhe ſat. Then after a little general Diſcourſe I began to apply my ſelf to the Daughter as followeth: Madam, I do ſuppoſe your Parents have acquainted you with the occaſion of my coming here; now the great Queſtion is, whether you can like me for an Husband? To which words ſhe did anſwer me, Yes, Then ſaid I, This is Father and Mother's Yes; but they all denyed, ſaying, No indeed. Then ſaid I, We are Husband and Wife; and I ariſing off my Seat went to her, then ſhe aroſe, and I ſat me down in her Chair, and took and ſat her in my Lapp; and with very hearty and loving Imbraces did ſalute her, and on my Knees did dandle her; and then immediately her Father filled a Glaſs with Wine, and as we were ſitting he and her Mother came cloſe to us, and drank to us both, ſaying, God bleſs you both together: Mr. Freeman drinking the firſt part to his Wife, and ſhe drinking the ſecond part to me, and I drinking the third part to my Wife, as I thought, who pledging me drank off the reſt.

Then ſaid I very merrily, Is the Bed ready? ſpeaking (to her Mother) Ay, ſaid ſhe, that will ſoon be gotten ready. Then ſaid I, 'Tis hot weather, Auguſt, if one wont another muſt. O, ſaid ſhe, that is a long time indeed. Then ſpeaking no more, I did ariſe off my Seat, and taking my Miſtreſs in my Arms I carried her about the Room until her Parents told me, 'twas enough, I muſt not be too eager at firſt, a little at a time was beſt, hot Love is ſoon cold; and many ſuch like Expreſſions. So they parted us, and my Miſtreſs went away for a little time; then ſhe came in again, and I repeated my Adreſſes and Reſpects unto her with an hearty Affection and real Love: So paſſing that Evening with them, I ſtayed till 'twas prety far in the Night, and then taking my leave of them I went home, being Saturdy Night, and promiſed to wait on her next Day to Church. Next Day, being Sunday, I did according to my promiſe call upon them, and going together, I led my Miſtreſs to Church: After Sermon the whole Congregation ſtayed as if they had expected to have ſeen a Marriage, whereupon I haſtened to my Miſtreſſes Pew where ſhe ſat, and taking her by the Hand I did lead her home with her Father and Mother, where keeping me to Dinner, I ſtayed and led her to and from Church in the Afternoon. Next Day, being Monday the 10th of May, I went pretty early in the Morning to give my Miſtreſs a Viſit, when ſhe was ſcarcely ſtirring, ſo ſtayed till ſhe had put on her Morning Gown and dreſs'd her Head, and then I went into her Chamber and ſaluted her, then taking her in mine Arms, I asked her, where her Breaſts were? but ſhe very modeſtly ſhrugging from me ſaid very little, for indeed ſhe had no more appearance of Breaſts than a Boy of her own Age, which was about twelve Years and two Months, as I was informed, but in her Stature ſhe was within two or three Inches as tall as my ſelf. I did not ſtay long, but taking leave I went away, and came again at Eleven of the Clock, being Dinner time, and dined with them as they had deſired me. After Dinner I ſtay'd and ſmoak'd a Pipe with them, and then went home about my Buſineſs. About five of the Clock in the Afternoon Mr. Freeman came to viſit and ſit and talk with me; and then ſpeaking of her Youth and unripeneſs for Marriage, I asked him, Whether it might not be injurious to his Daughter to marry her ſo ſoon, for if I married her I would bed her; but he not very readily anſwering me, at length ſaid, She would ſoon be fit: So I did ſuppoſe the Deſign was, that I ſhould immediately marry her, and afterwards tarry until ſhe were more mature; which, as I was told, might be in a few Months, according to the Opinion of the Midwives. Whiles we were talking one came to tell him, That the Conſul with divers of the Factory or Merchants of our Nation were gone to viſit and were at his Houſe. So he haſtened to go home, and asked me to go with him; but I told him I would follow him in half an Hours time having ſomewhat to do firſt. So he went his way, and accordingly I followed him, and when I came I found the Conſul ſitting at the upper end of the Hall, and Mr. Freeman and his Wife at the lower end of the Hall, and about half a Dozen of the Factory on the one ſide, and my Miſtreſs on the other ſide of the Hall, whom I ſaluted, and ſat me down next the Door: And after I had ſtay'd ſome time, I ſaid, I would make a trip home, promiſing to return again, which accordingly I did, when riſing and going out of the Room my Miſtreſs followed me, which I did look upon as a token of her Affection, and took very kindly; ſo as ſhe went by me I ſaluted her and went my way.) About Nine or Ten of the Clock, the Conſul and the reſt of the Factory that were there went with him home, all but my my ſelf; for after the Conſul was gone down I call'd to the Conſul, and told him, That by his leave I would ſtay with my Miſtreſs, and wiſht him a good Night. So ſtaying till her Father returned, he came and ſat him down in the Hall very melancholly, and after he had ſat a while his Wife told the Daughter, 'twas time for her to go to Bed: So ſhe being gone, I ask'd Mr. Freeman how he did, what ailed him to ſigh ſo? Then with an heavy ſigh and groan he ſaid, I do not know what aileth me, but my Mind gives me that 'twill not be a Match for all this. Then ſaid, I, Why ſo? Then ſaid he, I don't know, I do not like theſe delays. Then ſaid I, What delays? would you not have my Houſe fitted up firſt, why ſhould I be troubled with Workmen after Marriage? I do not think it convenient; and therefore if you'll pleaſe, with your Wife and Daughter, to go to morrow morning and viſit my Houſe, and ſee what Alterations for your Conveniencies you ſhall think fit to be made, I will come and call you to morrow morning. So agreeing upon that Propoſal I thought nothing could be more neceſſary than for me to get up early in the Morning, and beſpeak a ſmall Banquet or Collation of Sweet-meats to entertain them with; for I could not but think it ill Manners to entertain them with nothing but bare Walls, for my Houſe had been in a great meaſure pluck'd down, and but newly rebuilt; and being but hardly finiſhed, and Workmen at work, I did not doubt of finding them there ready to receive their Inſtructions for whatever they ſhould think fit to order or to have altered. So being a pretty late Hour in the Night I took leave and went home, not thinking any thing but of being with them about Eight or Nine of the Clock next morning. Next morning I aroſe early, ſo that I was at Monſieur Barragar's before Six, and there did beſpeak a ſmall Collation of the very beſt and choiceſt Sweetmeats, to be ſent home as ſoon as poſſible. So after ſome time ſpent there I went thence upon my return home, and in my way, finding Mr. Aſhby's Street Door open, I went in, and ſo up Stairs and knocked at Mr. Aſhby's Chamber Door, who being in Bed aroſe and came out to me, and after giving good-morrow, having his Turkiſh Veſt on, walked with me ſeveral turns about his Hall, and after ſome other Diſcourſe, he asked me, If I had heard the News? I ſaid, No not I! what News? Then ſaid he, Mr. Freeman ſaith that Mr. Albyn had made him ſign a company of fooliſh Articles to him, but when he hath married his Daughter he will not value them this—flipping his Finger and Thumb together. Say you ſo, ſaid I, well, I thank you for that. So I ſaid no more, but took leave and went home, where I did muſe and pauſe very much at what he told me, and thought it by no means adviſeable for me to go near them, ſo ſtay'd at home very much troubled; and toward the Evening, about Kindee, as the Turks call it, which is about two hours before Sun-ſet (the uſual time for the Jew-brokers to go home) I ſent one of my Jew-brokers Chime Livee by name, to tell Mr. Freeman I had a deſire to ſpeak with him, and accordingly he came: Now by that time, as near as I could gueſs, that my Broker was gotten to Mr. Freeman's Houſe, I did then order my Cook to carry away the Sweetmeats to his Houſe and deliver them to the Women, for whoſe Entertainment they had been provided (not knowing better what to do with them) ſo by that time or ſoon after my Cook was well gotten out of the Haune Mr. Freeman appeared and knocked at my Appartment there, and having ſeen him coming I opened the Door my ſelf, and invited him in, and being in my Parlour I told him, The reaſon why I ſent for him was to acquaint him with ſome extraordinary News I had met with this morning as I had been to provide for his Entertainment, with his Wife and Daughter (and accordingly had provided) for, ſaid I, you know that late laſt Night we did appoint this day for the viewing and ordering my Houſe, with your Wife and Daughter, and accordingly I have been to make proviſion for it; but as I came home a Friend told me that you had ſaid, that I had made you to ſign a company of fooliſh Articles to me, but when I have married your Daughter you will not value them this—flipping my Finger and Thumb together; and for that reaſon I do reſolve not to marry your Daughter in this Country. Then, ſaid he, Except you'll tell me who told you ſo, I'll ſay 'tis falſe. Then, ſaid I, That's nothing but meer ſtuff which I regard not, you know 'tis true; but thus fair I'll be with you, ſhe ſhall be no farther charge to you, I will take care of her, and ſend her home by the Ships to my Mother, where ſhe ſhall be as well entertained as one of my own Siſters; and if poſſible, I will go along with her, and endeavour to marry her with my Mother's conſent; if not, I'll promiſe to marry none other until ſuch time as ſhe ſhall be as well married as if married to me. Then ſaid Mr. Freeman, If my own Father ſhould make me ſuch a Propoſition I would ſcorn it. Then, ſaid I, More I cannot do. After this he went his way and we had no more words, neither did I ſee him any more until Monday Afternoon, the 17th of May, Anno 1680; for I did not think it convenient to go near the Houſe leaſt I ſhould be overcome with my Affections, which I found very ſtrongly bent towards his Daughter; and for that reaſon, to avoid ſeeing her at Church on Sunday, I did on Saturday in the Afternoon order my Siſe Hamſa by name, to ſaddle a couple of Horſes, and in the Evening I rid to the Caſtle at S. Jaccamores-point, where leaving my Man and Horſes I made a ſign, calling to the Engliſh Man of War there riding at an Anchor, whereof Sir John Berry being Commander, he ſent his Boat for me, which carrying me on Board, I told Sir John Berry wherefore I came there at that time; ſo he received me with all Kindneſs and Reſpect: I ſtayed with him all that Night and all the next Day, being Sunday, where Mr. Ʋpman the Duke of Grafton's Chaplain did officiate in Divine Service both Forenoon and Afternoon before his Grace the Duke of Grafton and all the Ship's Company: So ſtaying all that Night alſo, I did next morning, being Monday, ariſe pretty early, and as ſoon as I could ſpeak with Sir John Berry, I gave him my Thanks for his kind and generous Entertainment, and taking my leave, I was carried on Shore at the Caſtle, where my Man being ready with mine Horſes I mounted immediately for Smyrna, where we arrived about Nine of the Clock, or ſoon after; and being at home I delayed not to put off my Boots, and immediately went to Mr. Aſhby's, whom I found at home, and asked him, What News, and how it fared with my Miſtreſs, and whether ſhe had been at Church, and whether he had ſeen Mr. Freeman? He told me, Yes, and how Mr. Freeman had told him, that he and his Family were under great Diſorders, Troubles and Diſcontents; ſo that his Wife, for about eight Days paſt, could neither Eat, Drink, nor Sleep; but did tear the Hair off her Head; and had deſired him to acquaint me, that if I would give him a thouſand Dollars, he would releaſe me from all Pretenſions about his Daughter: To which I reply'd, With all my Heart (being much ſurpriz'd at what was told me) and deſired him to bring him to my Habitation in the Afternoon, it ſhould be done. About two or three Afternoon they were with me in mine Appartment in the Grand Viſier's Haune, both Mr. Freeman, and Mr. Aſhby, and alſo Dr. Luke; ſo after I had bidden them welcome, I told Mr. Freeman, How very ſorry I was to hear of the great Grief, and Trouble, and Diſorders his Family was in, though he knew very well 'twas none of my fault; but ſince 'tis ſo, and as Mr. Aſhby has told me, that a thouſand Dollars will content and pleaſe you, I did deſire him to bring you to me this Afternoon and you ſhould have it: So deſiring them to ſit down, I went immediately and fetch'd a Bag of one thouſand Dollars, and laid it upon the Table, ſaying, I would have you and yours well ſatisfy'd, and therefore you may either take this, or if you'll pleaſe to walk along with me, I'll ſhew you ſomething elſe, and you ſhall have which you pleaſe; ſo going down Stairs with me to my Ware-houſes, I ſhewed him ſix Bales containing thirty long broad Clothes, as they did lie piled up one upon another without my Ware-houſe Doors, pack'd up in their Canvas, as they came from England. Then, ſaid I, You may now take your choice, either theſe ſix Bales or elſe the thouſand Dollars I offered you above: Then he laughed, and ſaid, You may be ſure I'll take theſe. Then, ſaid I, take them. Then he ſaid, That at preſent he had no Conveniency to lay them, but in a Day or two's time he would provide Conveniency, but if I pleaſed he would go up and immediately give me a Diſcharge; ſo we went up, and furniſhing him with a Pen and Ink, and Paper, I told him, That his Daughter muſt alſo diſcharge me, or elſe his Diſcharge could ſignifie nothing to me. Then, ſaid he, If you'll pleaſe to come and Dine at our Houſe to morrow my Daughter ſhall diſcharge you. Then ſaid I, 'Tis very well. Then taking the Pen and Ink in his Hand, he wrote with his own Hand the Diſcharge, verbatim, without any Inſtruction or Direction of any one, but purely by himſelf, as followeth, viz.

Which ſaid Diſcharge, preceding the two Letters, being drawn and delivered with Mr. Freeman's own Hand into mine own Hand as his Act and Deed, in the preſence of Dr. Luke and Mr. Aſhby, he went his way very well pleaſed. The next Day I ſent him an Horſe, which if he had been in England I do believe might have yielded a brace of hundred pounds or more moneys; and to his Wife I ſent a piece of very fine watered Camblet, which I bought at Angora, in my return from Jeruſalem, as Preſents; and to his Daughter I did give a good new pair of fringed Gloves and a laced Neckcloth (which I received by the then general Ships) for her to preſent her Father with, though I think I never had ſo much as one word of Thanks for any one thing they had of me from any one of them. The next day, according to promiſe, I went for my Diſcharge from his Daughter, and dined with them: So after Dinner, ſitting altogether, I ſpoke to the Daughter, and ſaid, Madam, you know there has been Overtures of Marriage betwixt us, and our progreſs therein was more than a little one; but I do ſuppoſe your Parents have told you the reaſon wherefore it cannot be: Then ſaid ſhe, Whereas before, by my Father and Mother's advice, I ſaid you Yea, ſo now I ſay you Nay, wiping her Eyes with her Handkerchief (which indeed did ſo cut me to the heart, that I do believe I ſhould not have been able to have left her ſo, in caſe Mr. Aſhby had not been there, whom I took care to get go along with me for fear mine Affections ſhould betray me:) then riſing off my Seat, I made my conjey, and bowed, and ſo went away with the Noiſe of her Mother's heavy Curſe execrating of me; but what the Words were, I have utterly forgotten; which I thought was monſtrous ſtrange, when the thing that was done was purely and only their own ſeeking, according to their own deſire: (but I was wholly ſilent without making any reply:) but, it ſeems, 'tis the Sharpers way and method, as I have been informed ſince.

Thus having finiſhed all my proceedings about the Marriage with Mr. Freeman's Daughter, I went no more to Mr. Freeman's houſe, nor did I ſee any of them any more, unleſs on Sundays at Church, and ſometimes meeting them accidentally in the Street, or at the Engliſh Houſes, where ſometimes we did chance to eat together; and my deſign being to leave the place for fear of being captivated in mine Affections, which I found inclining towards her, I did, to my great damage, leave much of my concerns at Smyrna, and imbark my ſelf on the Ship Smyrna Merchant, Captain Ʋdall Commander (one of the Fleet my Miſtreſs came out upon) on the 3d day of Auguſt Anno 1680, for Leghorne, in order to my return for England, having the Evening before ſupt with Mr. Freeman, his Wife and Daughter, at their Houſe: And next morning having been at every Engliſh Houſe, I came at laſt to them to take my leave, and breakfaſted with them; and at taking my leave of their Daughter, I adviſed her to behave her ſelf circumſpectly and virtuouſly, and I would ſtill endeavour to get my Mothers conſent to marry her. So ſaluting her, and bidding her farewell, ſhe gave me a fine Cambrick Handkerchief, which I took and put up; then giving to her Maid ten Dollars into her hand, I did give her Maid great Charge to take great care of her Miſtreſs and her Reputation: So taking my leave of all, I went down their ſtairs, and walked to my own Scale; and embarked as aforeſaid. After I came to Leghorne, I wrote her a Letter, and ſent her a ſmall Preſent of a Roman Fann, which ſhe did receive, and kindly anſwer; ſo that I do believe there was no want of true Love and very cordial Affection towards each other, and nothing but purely the covetouſneſs and the evil deſigns of her Parents to pretend by ſigning Articles to draw us together in our Affections and Inclinations to each other, and then to declare them fooliſh Articles, and they would not value them, but fully intend to break them after Marriage, that ſo by baffling me they might bereave me of what poſſibly they could get from me, and remain in their luxurious way of life; without being beholding any longer to the Factory; And alſo be enabled to pay ſome debts, that were very preſſing upon them. Now they having accompliſh'd their deſign, Mr. Freeman being deſirous to be accounted wiſe and wary, ſo as to prevent all accidents in any buſineſs he undertook, thought fit (knowing me to be a man that would not talk much of my matters in all Companies) to report and give the World to underſtand, that whatſoever I had given him, was but according to mine Obligation or Bond given him for performance, before he would ſend for his Daughter; and though in his conſcience he knew the contrary, yet he making ſuch report for many years together without my contradiction or ſaying otherwiſe, or any thing to the contrary, hath (as I ſuppoſe) made himſelf believe it to be true, or elſe why ſhould he adventure to ſwear ſo diametrically contrary here in England, to what in Smyrna was really acted; And he gave freely under his own Hand and Seal, atteſted by two Witneſſes, Dr. John Luke, D. D. and Mr. John Aſhby; the words of which are before mentioned in his Diſcharge; and the Words of his Oath are as follows, viz. in his Anſwer to my Croſs bill preferred againſt Richard Blackam and John Freeman, filed in the Lord Mayor of London's Court of Equity, 4th of March 1695/6, as follows: viz.

Now I do know that he did never ſee, nor did I ever ſhew him the Invoice of the Cloth; for my deſign in giving him the Cloth, was, that he ſhould never be able to ſay to what value I had given him; and though he ſwears that the thirty Cloths he received of me were not worth Dollars three thouſand, yet I am ſure I made more of Cloths inferiour to them; and ſince that Cloth's which coſt here in England two and three Pounds per Cloth leſs than they coſt, have been ſold in Turky for Dollars 110 and 120 per Cloth.

By his Diſcharge, ſigned and ſealed with his own hand at Smyrna, dated the 17th of May, Anno Chriſti 1680, in the Preſence of two Witneſſes, viz. Dr. John Luke and Mr. John Aſhby, it is,

Firſt, Apparent that he and his Wife did warrant their Daughter marriagable, when ſhe was not, which is a Fraud.

Secondly, It is apparent ſhe did not come out by the firſt Ship, according to the Agreement; and conſequently I was free from any Obligation to ask her the Queſtion.

Thirdly, It is apparent that there was no manner of Script for the performance of any Agreement, and conſequently 'twas highly ſcandalous and injurious in him to report that I had given him my Bond to pay him ſo much in caſe I did not marry his Daughter.

Fourthly, It is apparent that I did, according to promiſe, ask his Daughter's conſent, and thereupon did endeavour honeſtly to marry her, both of us thinking our ſelves obliged to be Husband and Wife to each other (her Father having tied us with the Ceremony of a Glaſs of Wine.

Fifthly, It is apparent that there was a Proviſo made for my mother to give her Conſent, and therefore 'twas highly ſcandalous and falſe for Mr. Freeman to ſwear that I had groſly and perfidiouſly broke my Word and Faith with him to his great damage.

Sixthly, It is apparent that for the obtaining my Mother's conſent, I had wrote two Letters effectually to my Mother under the 3d of April and 13th of May 1680; and conſequently as I ought to have ſtayed for an Anſwer, ſo he ought not to have urged and preſſed me to have married his Daughter before 'twas poſſible an Anſwer could come.

Seventhly, It is apparent, that the buſineſs was begun purely and ſolely upon parole, ſo I think in honour and honeſty I ought to have gone on upon parole to marry her with my Mothers conſent, my parole being as good at laſt as at firſt.

Eighthly, It is apparent that it was by no means ſatisfactory to the Parents for me to go on upon parole with my Mother's conſent (though 'twas the Agreement,) becauſe I did not immediately marry her in a clandeſtine manner, contrary to the Agreement; and conſequently Mr. Freeman did baſely, treacherouſly, groſly and perfidiouſly break his Word and Faith with me, and not as he hath moſt falſely ſworn I did ſo by him.

Ninthly, It is apparent that their pretended Diſcontents with me for going on honeſtly according to agreement, was injurious and highly fallacious to demand and take any thing of me for their Charges and Disburſements, and is plainly a Cheat upon me for being honeſt, and keeping to my Word and Agreement.

Tenthly, It is apparent, upon the whole matter, that after Mr. Freeman had given me his Daughter, ſo far as before God to be my Wife, he himſelf having with the Ceremony of a Glaſs of Wine participated amongſt us all four; viz. himſelf, his Wife, my ſelf and his Daughter, ſolemnized a ſtrong Tye upon us all, not to be broken: Yet notwithſtanding all that, he broke the contracted Covenant and took his Daughter from me; and by a pretended Grief and unſupportable Diſcontents and Diſorders in his Family bereaved me of very conſiderable Subſtance to ſupport them in their deplorable Condition, as 'twas repreſented to me to obtain my compaſſion.

Eleventhly, It is apparent that he doth declare and confeſs that his Daughter was ſo young, that the Cuſtom of Women had not paſſed upon her, and conſequently muſt not then be marriagable; and therefore according to the Agreement ought and might have ſtayed for an Anſwer from my Mother.

Twelfthly, It is apparent that I did object that immediate Marriage was untimely, and ſuch preſent Copulation with her might cauſe her to be perpetually Barren; and therefore he ought not ſo unjuſtly and unlawfully to have preſs'd me to do that which upon all accounts whatſoever ought not to be done, but according to agreement ought to have let me go on fairly and honeſtly to do and perform, in its due time, what ought to have been done; and, in all probability, by that time, his Daughter might have proved marriageable; and then, as I had intended, nothing ſhould have hindred for having paſſed the Obligation of her Father's ceremonious Glaſs of Wine. I intended no farther delay than the time of getting mine Houſe ready and in order, as may appear by the truth of the relation of the matter before ſet forth in this Narrative. In his Anſwer to my Bill he ſeems extreamly indifferent and careleſs, as though he were not upon his Oath.

Alſo it is apparent (by the words his Daughter pronounced to me when ſhe diſcharged me, ſaying, Whereas by my Father's and Mother's advice I ſaid you Yea, ſo now I ſay you Nay) that they falſified their Word and broke their Promiſe made unto me, not to perſuade her to ſay or do any thing, but purely to leave her to her own Inclinations.

Alſo he ſwears he gave me a Diſcharge for the ſix Bales of Cloth, and there is not one word of Cloth mentioned in his Diſcharge; and I never had any other Diſcharge from him.

Alſo, how is it poſſible for him to ſwear truly, and ſay, True it is, that in the Year of Our Lord 1680, being at Smyrna, and the Complainant having groſly and perfidiouſly broken his Word and Faith with this Defendant, to his great damage; the Defendant did referr the ſaid Difference to Arbitrators, who did adjuſt the ſaid Difference with this Defendant and Complainant to pay this Defendant One thouſand weighty Dollars, when by his Diſcharge, under his own Hand and Seal, he doth acknowledge the truth of the Matter of fact; and therein declare, That, according to promiſe, Benjamin Albyn did, on the 8th of May, ask her Conſent which ſhe having given with the word Yes, both Parties looked upon themſelves as Husband and Wife to each other, provided the Mother of Benjamin Albyn gave her Conſent, for the obtaining of which, the ſaid Benjamin Albyn had wrote two Letters affectually to his Mother, under the Dates of 3d April and 13th inſtant May: Which being matter of fact, how is it poſſible to agree with what he hath ſworn? is it not quite contrary? In his Diſcharge he doth not make mention of any Reference, neither indeed was there any Reference, or a word of a Reference, mentioned by any manner of perſon whatſoever, or offered or ſpoken by him to me, or by me to him; neither was there any opportunity for it; nor did I ever entertain any ſuch thoughts, being under no Obligation; for in his Diſcharge he ſaith himſelf, That as the buſineſs was begun purely and ſolely upon parole, and Benjamin Albyn was reſolved to accompliſh the thing only upon parole, without any manner of ſcript or writing. And after I had told him of his unfair dealing and intentions, not to value the Articles he had ſigned to me after I had married his Daughter, and how for that reaſon I would not marry his Daughter in that Country, but would endeavour to do it in England, and he had refuſed that Offer: He went his way, and I ſaw him no more, nor heard a word from him, untill from Mr. Aſhby, who came with him to me in the Viſier's Haune, 17th May in the Afternoon, according to mine own appointment for him, to receive and take that ſatisfaction he himſelf had deſired Mr. Aſhby to propoſe to me in the Morning (as before is ſet forth;) although, for mine own part, before Mr. Aſhby ſpoke to me, I was ſo far from any thoughts of a Reference, that I intended to go home with her and marry her in my Mother's preſence, as may appear by my Letter wrote to my Mother the 13th of May, which was about two days after Mr. Freeman had bin gone from me, and had ſeen no more till then with Mr. Aſhby; for I did look upon her ſo much mine, that in caſe her Parents had refuſed, I ſhould have deſired the Conſul, by his Authority, to Aid and Aſſiſt me to have taken her off the place, and brought her home with me for England. So the pretended Reference is altogether notorious, falſe, and plainly ſcandalous; and what I gave him, was by no manner of compulſion or perſwaſion, but purely in generoſity to his Daughter, and out of pity and compaſſion to her diſtreſſed Parents, Father and Mother being in ſuch a lamentable condition, as for many days not to eat, drink or ſleep, but in great Agony, to tear the hair of her head, as I was told the Mother did; Therefore Mr. Freeman is monſtrous ungratefull and impudent in his Aſſertion upon Oath.

Now although Mr. Freeman may think that the Eſtate that his Brother did get in the Eaſt-Indies; and dying there, did give, and carefully leave to be made home to him here▪ and thereby he being poſſeſs'd of a conſiderable Eſtate, which may be ſufficient to ſupport him not only in his impudent inſoleney, to tell me I had eaten ſhame and drank after it, and would ſit upon my Skirts, only for ſitting civilly, and friendly converſing with my old friends and acquaintance, becauſe he came by chance into the Room and found us ſo doing; (I think none but a baſe born Beggar, raiſed to his Eſtate, would do the like;) but alſo in his monſtrous ingratitude for my Bounty to him in his extream low condition; and upon his Oath falſely to tax me with groſly and perfidiouſly breaking my Word and Faith with him to his great damage, when by no manner of Obligation I was by Word or Deed in any-wiſe indebted to him the value of one farthing, or had broken any promiſe, but had performed my promiſe; and did voluntarily, at his deſire (by a friend made known to me) ſupply him ſo far, as not only to enable him to pay his Debts, but alſo to live freely in the World, without being beholden to others for his ſupport, before he was poſſeſs'd of his Brother's Eſtate: I ſay, if all things (beſides the Laws and good Manners amongſt Men) be duly conſidered, the Eſtate cannot reaſonably ſupport or excuſe ſo vile a humour and baſe inclination: For I do very well remember, that before the Eaſt-India Company did admit and ſend his Brother into the Eaſt-Indies, (where he did get the Eſtate,) his Father did obſequiouſly come with abundance of cringing, and much more humility and humble entreaties than was expected or deſired for many days Morning and Evening unto my Father, being then a Member of the Eaſt-India Companies Committee, to intreat and importune him to uſe his intereſt with the reſt of the Committee, ſo as to prevàil with them to ſend his Son to Eaſt-India in the Company's Service; which was not eaſie to obtain, by reaſon of his deformity and infirmity of Lameneſs; for they do not uſe to ſend ſuch infirm perſons in their Imployment, having always their choice of compleat perſons offered to them for their imployment: And accordingly my Father did prevail with them, ſo that he was ſent as deſired; and in caſe my Father had not befriended him with diligent Endeavours, I queſtion whether he would have bin admitted by the Eaſt-India Company. And therefore I do think that this his diſhonourable, unjuſt and ſcandalous dealing by me, as mentioned and expreſſed herein, ought to be ſo far from being countenanced or endured, that he ought not only to refund with intereſt what in honour I gave him for the honourable maintenance of true love and friendſhip, and for the prevention of ſuch abominable Complaints, with which he hath ever ſince, for ſo many years, laden and ſcandalized me: I ſay, I think he ought to repair and give me ſatisfaction for ſo baſe and vile an injury, beſides for many other Grievances he hath multiplied upon me. Now in caſe he had not intended to had owned himſelf to be really ſatisfied with what in his Diſcharge he owns to have received, and therein calls it a full and valuable Conſideration; why ſhould he take from me ſo much more than was due to him, and revile me for it ever ſince, and at the laſt repreſent me to be guilty of his own manifeſt Abominations and Villainies? And though I may or do think that his Eſtate is not ſufficient to make me recompence for the many Wrongs and Injuries he hath done unto me, yet upon a due and true Acknowledgment thereof, I may be content with ſuch moderate things, as to the juſt and reaſonable may ſeem moſt meet and fitting. I do moſt heartily deſire to follow Peace with all Men; but I do experimentally find, ſilently and quietly to be bereft of both Eſtate and Reputation, is not the way thereunto: And for that reaſon 'tis that I do now come forth to ſeek Reſtitution and Satisfaction by way of Juſtice, or elſe my Diſſolution, by the means of his and others unparallell'd Malice. When I was a Schoolboy, ▪twas then ſaid, Quanto altior es tanto te geras ſubmiſſius: And I have not ſince heard of any Statute or Command that ſaith, If thou art rich, thou ſhalt be proud and inſolent.

Now this Affair of Matrimony troubling my Mind very much, I, to divert my Melancholy, did make it, 27th of Febr. 1681/2, before I got to London, (though I rid Poſt almoſt all the way from Leghorne) which was near 19 months from Smyrna; though if I ſhould recount how long I ſtay'd in every place, there would appear but a very little, if any time to move.

Now being come home, I expected to have received of Mr. Samuel Moyer, being Mr. Jollife's Executor, the Ballance of Mr. Jollife's Account due to me, being Lyon Dollars 8181 and 37 Aſpers, but in the ſtead thereof, as I was told, that by Mr. Moyer's means 'twas reported on the Exchange, that I owed to Mr. Jollife's Eſtate 10000 pounds. So it ſeems Mr. Moyer's diligence againſt me was not only to ruine my Credit abroad when abroad, but at home when at home: And to make it more manifeſt, in November following preferr'd a Bill in Chancery againſt me, wherein I was ſet forth as one of the vileſt of Men; where after about five years Diſpute and great Charges, Mr. Moyer was decreed to pay unto me the Summ of Six hundred forty eight pounds Sterling, and five pounds for Coſts only, being an Executor. Afterwards, as I was adviſed, I did get my Decree ſigned and enrolled, that ſo he might not trouble me any more: But however, upon the Revolution of the Government, three of his Council being made Lords Commiſſioners for the Cuſtody of the Great or Broad-Seal, Mr. Moyer brought his Bill of Review before them; then they (without giving any reaſon that ever I heard of) reverſed the Decree, ſet aſide the Enrollment, and ordered the Cauſe to be reheard ab origine, whiles I was about my Buſineſs at Portſmouth; and though before I went, having had notice of their Deſign, I fee'd my Counſel with ſundry Guineas to each, yet becauſe the Cauſe came not on the firſt day 'twas appointed, it ſeems they expected (as they call it) refreſhing Fees, as my Sollicitor told me; and becauſe I omitted ſo to do, little or no defence was made for me; my Opinion being, that 'twas an unreaſonable thing to give extravagant Fees for nothing, becauſe the putting off was not my fault, and I had not any Money but what with great care, hazard and trouble I had obtained by the Sweat of my Brows in my way of Merchandiſe: So the Cauſe coming to be heard accordingly, one of the Lords Commiſſioners of the Great Seal, without hearing much of the matter, before the Cauſe was fully opened, ſaid, He would make ſhort work, he knew the Cauſe very well, 'twas nine Years and an half old, and 'twas time to make an end of it; and ordered and decreed me to pay back the Money's with Intereſt which I had received of Mr. Moyer, and 6977 Dollars beſides; whereupon in my mind I did reſolve to bring mine Appeal to Parliament▪ and accordingly I did avoid being ſerved with the Decretal Order, becauſe I would avoid running into the Contempts of the Court of Chancery: So not finding to ſerve me with the Decretal Order, Mr. Moyer took out a Statute of Bankrupt againſt me, thereby to execute the Decree, and laboured extreamly to find out ſome body to joyn with him to make me a Bankrupt, but could find none; the like was never known or done by any man to any man, as I have been told by the moſt learned and knowing able Lawyers: So this is apparently a Grievance without any Preſident, and the ill Conſequences have been many and great upon me, and thoſe that were my Friends are become Strangers unto me, if not utter Enemies: And though he could not prove me a Bankrupt, yet the Commiſſioners ſat five times (as I have been told) to make me ſo, and aſſigned my Goods of ſome thouſands of pounds value upon the Turky Ships unto Mr. Moyer, and ſent the Commiſſion on Board the ſaid Ships; ſoon after they arrived in the River of Thames from Turky, and there pretended me a Bankrupt; whereupon I went upon the Exchange and arreſted Mr. Moyer, and told the Commanders of the Ships, That if they delivered any part of my Goods to Mr. Moyer, I would arreſt them. So with extravagant Charges and much adoe I ſaved them out of his Hands. Afterwards I made my Appeal to Parliament, who did upon hearing the Cauſe moſt honourably and juſtly reverſe the Decree (of Reverſal) and ſo confirm my firſt Decree, for which their Juſtice I pray God reward them Eternally; but leaving me to the Law for the Recovery of my Damages ſuſtained by the Statute of Bankrupt. I brought mine Action againſt Mr. Moyer for Twenty thouſand pounds, that being the Summ that ſome of them ſaid they had heard people ſay I was worth (in the Court when the Commiſſioners were ſitting upon the Statute;) and ſaid moreover, Now we ſhall ſee whether he be worth it or no. Now the Action being brought to a Tryal before the Lord Chief Juſtice at Guld hall, London, Anno 1691, having ſubpoena'd in about Twenty-ſix Witneſſes; and though all came, yet hardly four of them were call'd or examined. I did not doubt, but being to anſwer upon their Oaths, they would ſpeak the truth of what they knew; but, contrary to expectation, one of them that had told my Mother, that Mr. Moyer was reſolved to uſe all the rigour that poſſibly he could againſt me, did upon his Oath tell the Court, That he never heard Mr. Moyer to ſpeak againſt me, but did always ſpeak with very great reſpect and kindly of me, or to that effect. And another of my Witneſſes (on purpoſe as 'tis ſuppoſed) (which I thought had been my particular Friend (and had been very kind unto me in the time the Commiſſioners ſat upon the Statute to tear me into pieces) I according to the utmoſt of my mean Ability did endeavour to requite him, by taking all manner of occaſions to do good for him and his; as for inſtance, One Mr. Thomas Barnadiſton being in Partnerſhip with one John Barton mine Apprentice, in the Office of Factor Marine at Scandaroon, being both dead, he came to me and told me, That John Barton died indebted to Mr. Barnadiſton the Summ of one thouſand Dollars, or thereabout; and upon his deſire I did promiſe him to uſe mine Endeavours to get it for him when John Barton's Effects ſhould be gotten home▪ Now I having made him this promiſe, and mine Intentions being to go for Dublin in Ireland, and there to ſtay untill near the time that the Parliament were to ſit in November following, when I did deſign to return and bring mine Appeal, I thought it both juſt and kind to go and acquaint him with it, which I did in the ſame words, and at the ſame time I did endorſe and deliver to him Bills of Lading for ſome of mine own proper Goods, both Silk and Gauls, laden on the Turky Ships then expected home from Turky, that ſo out of them he might be fully ſatisfied what was due for John Barton's Debt, which I had promiſed to endeavour to get for him, which he ſeemed to be well pleaſed and ſatisfied withall. Now John Barton, though he was mine Apprentice, and had ſundry Years to ſerve me, yet he needed not to have gone to that fatal place of Scandaroon, had not ſome buſie People perſwaded him to it, by telling ſtrange Tales of great Preferment, which made him come and beg of me to let him imbrace the offer, and that I would not withſtand his Preferment. So after I had given him mine Opinion and Advice againſt it (having been there twice my ſelf) and had told him, I intended other things for him, I left him at his liberty; ſo he went, although in the time he had lived with me at Smyrna, he had gained better than 1200 pounds from little or nothing. For I was ſo far from leſſening him (by receiving and delivering Bags with Money under his Seal, to make good what ſhould be wanting, as I have been told hath been the practice of one that thinks himſelf a great Man here in England, whoſe Caſh being always very conſiderable, would make his Apprentice receive all his Moneys; and when he had made up an even hundred pounds in a Bag, then he was to ſeal it up, and ſo deliver it to his Maſter; and when 'twas to be paid out, the Apprentice was to tell it, and whatſoever was wanting he made good, being under his own Seal, although, it ſeems, his Maſter would rip up the Seams of the Baggs and take out what Money he pleaſed, and then ſew the Baggs up again. I ſay, I was ſo far from ſuch vile practices, that I did encourage and countenance him in all honeſt ways of getting and improving, and was always well-pleaſed to ſee him do well.

Alſo having ſhewed him the very Individual Accounts relating to the Factor Marine Duties due to Mr. T. Barnadiſton and J. Barton, which I received from Mr. Thomas Hatton dwelling then at Alleppo, that ſo a due allowance might be made, he called them ſham Accounts, and would by no means referr the Conſideration thereof to any Man, though I offered it with all the Mildneſs that could be; true Copies whereof are here inſerted.

Mr. Thomas Wilſon Debtor L Dol. Aſp. To Dol. 2500 per the Bloſſome 2 40 5 Buſts Rhubarb per the Ponte de Oro 3 55 5 Bal. Filadoes Dol. 3 55 05 4 Tela L. D. 2 64 per Aylsbury 6 39 20 Sa. Gauls per Mary Pink with Primage 13 74 9 Buſts Drug. L. D. 6 51 one Ba. Pint. L. D. 56 7 27 30 Sa. Cotton aſp. 69 is l. d. 25 70 and 4 Ba. Tela l. d. 2. 64. 28 54 Capt▪ Ranſon by your ord. for freſh Proviſions 15   Mr. N. Hill per your ord. 2 Sheep at d. 2½ per S. 5   Capt. Phil. Edwards by your ord. for freſh Prov. 10   36 Ba. Clo per the Chandois 20 56 Cotton Ro. 24 on 10 Ba. ld. 12 be at Ro. 30 aſp. 3 d. imb. l. d. 1 20 14 30 Fr. 2 Canvaſſes from Marſcillia 1 40 Cambio 114 Ba. at d. ½ per P. and 4 per Cent. 2 22   131 37 Deducted for Ro. 24 Conſ. l▪ d. 12 be at do. aſ▪ 72 overchar. having then 8 Lab. & Ro. 6 Cot. 12 72 Memorandum, that Mr. Barton's half of this Bill was receiv'd by Mr. Barnadiſton. 118 45

Mr▪ Edmond Sayer Debtor L Dol. Aſp. To 5 Ba. Tela per the Aylesbury at aſ. 46. per Ba. 3 40 40 Sa. Aſhes per the Mary Pink at aſp. 10 per Sa▪ out the James 5   90 S. Aſh per Bloſſ lad. on the Mary at 20 per S. 22 40 weighing 30 Sa▪ at aſp. 3 per Sa. 1 10 48 Sa. Gaules on the Mary Pink at 49 aſ. per Sa. 51 36 7 Ba. Filado's on do. Pink aſ▪ 49 per Ba. 4 23 Primage aſ. 130 Sa. Aſhes and 48 Sa. Gauls at 12 Sa to a l. d. 17 67 Primage 2 Ba. Tella 2 Sa▪ Cot. and 300 Ba▪ Fil. 4 20 Hoops, Nails, Cooper. &c. on your Sug. Cask 2 60 3 Ba. Goats-wool per Palleſtine. 2 17 open▪ drying, ſteev. & imb. aſ. 1 Ba. do. Go▪ w.   60 Dol 3600 per the Chandoiſe and a Cheſt 4 48 12 pieces of Canvas 4 Ro. packthread deliver'd your Serv. Uſuph. 15 27 2 Ba. Piſtaches per Mercarius for Liv. 1 38 2 Ba. Piſtaches▪ per Capt. Odor for Marſ. 1 38 Camb. on 136 pieces at dol. ½ per p. & 4 per cent. 2 58 Memorandum, that Mr. Sayer did make good to Mr. Barnadiſton this Account, as per Accompt currant delivered Mr. Preſcot, ſo you muſt demand the half of ſaid Summ as being due to Mr. Barton, of Mr. Arthur Barnadiſton in London, as being Executor to the deceaſed Thomas Barnadiſton. 141 22 Written by T. H.

Mr. Edw. Dunch Debtor L. Dol. Aſp. To 3 Ba. Cloth on the Bloſſome 1 58 Dol. 3600 on do. Ship and a Cheſt. 4 48 Imbals 3 Ba. Cloth into 7 Ba. at aſ. 10 per Ba.   70 Ro. 14 of Cot. be at Canv. Packthr. d▪ 1 aſ. 45 10 75 61 Sa. Gauls per do. Ship Bloſſome aſ. 49 Primage 12 Sa. to a Dol. 42 35 46 Ba. Filad per do. Ship aſ. 49 per Ba. with Pr. 33 74 92 Ba. Clo. per Chandois aſ. 46 and 20 Bar. tyn. aſ. 49 and Dol. 1500. 66 52 imb. tyn into 8 Ba. at ⅛th per Ba. 1   Canvas and Packthread ¼ per Bale 2   Cambio on 222 ps. l. d. ½ per p. and 4 per cent. 4 35   168 47

Mr. Thomas Pagett Debtor L. Dol. Aſp. To 2 Bales Silk per the Aylesbury 1 38 4 Bales Silk per the James 2 76 2 Buſts Rhuburb per the Pallaſtine 1 38 58 Bales Cloth per the Chandois 33 28 In cottoning 28 Ba. do. at aſ. 10 Packthread aſ. 2 per Ba. 4 16 Beating Ro. 84 of Cotton at aſ. 3 per Ro. 3 12 Cambio on ps. 66 at Dol. ½ per ps. & 4 per cent. 1 25   47 73

Mr. Edward Fiſher Debtor L. Dol. Aſp. To Dol. 2000 per the Pallaſtine and 2 Cheſts 4 00 2 Bales Silk per the James 1 38 60 Bales Filado's per the Bloſſome and 6 Bales Silk at aſp. 59 48 54 39 Bales Tela per do. Ship at aſp. 56 per Bale 27 24 52 Sacks Gauls laden on the Arch-Angel 36 15 8 Cheſts Galbanum per do. Ship aſp. 59 5 72 6 Bales Silk per the Aylesbury aſp. 59. 4 34 opening, drying, and re-imbaling 60 Bales of Filado's at dol. ¾ per Bale 45 00 50 Bales Cloth per the Chandois 28 60 imbaling 3 Bales do. at ⅛th per Bale with Labetts, Packthread aſp. 2 00 36 Cambio on 225 pieces at dol. ½ per piece and 4 per cent. 4 38   206 58

Alſo having ſeen an Account of ſome Moneys received and pay'd, which I gave to one to be ſhewed to any one to ſee if there were any Error in it, I would rectify it; he, without demonſtration of any Error, called it a Knaviſh Account; a true Copy of the particular Summs is here inſerted, that ſtill, if any one can aſſign, or ſhew me any Error therein, I am ſtill deſirous it ſhould be rectified, but I know of none.

Caſh is Debtor       To Money Receiv'd foll. lb. s. d. Anno 1682, on the 20 May receiv'd 200     1685/6, on the 9 Jan. 305 08   1686, on the 21 July 162 15 10 25 October 50     29 Novemb. 50     1686/7, on the 25 Febr. 100     1688, on the 22 Auguſt 421 11 7 1689, on the 14 Decemb. 14 11 6 1690, on the 4 Novemb. 52 02 8   1356 09 7

Whereas by the particular Payments on the other ſide it may appear how irregular and unduely Moneys at Intereſt of 5 per Cent. per Ann. were pay'd, I being without due warning deſired to pay whatſoever Summs, whenſoever demanded; and being all along perplexed with the exceſſive trouble of Law-ſuits, yet my deſire being, that right may be done without wronging any, I have made up this Account according to the beſt of my Skill, and if any Error be found I deſire it may be rectify'd.

Caſh is Creditor       By Money pay'd particularly as foll.       Anno lb. s. d. 1682 Aug. 20. 2 10   Decem. 4. 2 10   1683 May 25. 2 10   Aug. 17. 2 10   Sept. 19. 3     Octob. 12. 5     Jan. 4. 2 10   Jan. 28. 1     Febr. 4. 1     1684 April 19▪ 1     May 8. 1     June 3. 1     June 19. 2     June 28. 5     July 12. 7     Sept. 26.   10   Octob. 3. 1     Octob. 21. 2 10   Nov. 3. 2     Dec. 19. 1     Jan. 26. 10     Febr. 19. 2     Mar. 24. 10     1685 May 21. 6 1 6 May 29. 3 5   June 11. 1     July 3. 41 10   Aug. 5 1     Aug. 6. 7     Oct. 29. 13 3   Nov. 17. 50     1685/6 Jan. 9. 162 15 10 Jan. 19 37     Jan. 28. 10     Febr. 8. 5     Febr. 15. 70     Febr. 26. 6     more 10     1686 Mar. 25. 5     Mar. 30. 5     Car. to next 502 5 4 Anno lb. s. d. 1686 July 23. 62 15 10 Nov. 17. 50     Dec. 23. 2     1686/7 Jan. 18. 5     Jan. 19. 2     Febr. 25. 2     Mar. 23. 12     1687 Aug. 30. 5     1687/8 Mar. 22. 7 10   1688 Oct. 12. 7 10   Oct. 13. 70 10 6 Oct. 19. 2     Oct. 26. 115     more 26 4   Aug. 22. 216 13 4 Nov. 6. 12 2   Nov. 13. 3 5   Dec. 14. 1 5   1688/9 Febr. 28. 4 5   1690 June 14. 18 15   Aug. 6. 3     Sept. 1. 3 15   Dec. 16. 3 15   1690/1 Mar. 10. 3 15   1691 May 14. 3 15   May 18. 20     1692 Jan. 20 20     1693 May 12. 3     June 1.   10   June 23. 1     more 24 7   Sept. 15 1 10   Sept. 29. 1 13   1693/4 Jan. 11. 2 15   Febr. 1.   18   Mar. 12. 134 5 7   854 04 03 Brought hith. 502 05 04   1356 09 07 Allowed and paid for Intereſt 111 16 09 Make in all 1468 06 04

But having brought him acquainted with Mr. (ſince Sir Richard) Blackam, who hath, it ſeems, both diligently and ſecretly ſpread and whiſpered about, amongſt People, as bad an Opinion of me as 'tis poſſible for one Man to have of another, as I have been told (but what 'tis I cannot be informed.) This my Friend became mine utter Enemy, inſomuch that when I went to him for a Receipt and Diſcharge for John Barton's Debt which he had received; as I was going out of his Houſe he laid his Hand on my Shoulder and puſh'd me out, claping the Door of his Houſe very hard upon me, having but juſt before in his Houſe told me, That if he had known ſo much of me before as he had ſince been informed, he would never have had to do with me. Alſo) when he came to give his Evidence upon Oath, he declared, That I came voluntarily to him with Bills of Lading, as aforeſaid, becauſe I intended to go beyond Sea; whereupon I went to him in the Court, and whiſpering in his Ear, I ſaid, I do not remember that ever I ſnake ſuch a word to you: Then ſaid he, did you not tell me, that you intended to go to Dublin in Ireland: Then, ſaid I, you ſhould inform the Court ſo; but he would not (though I never pronounced the words beyond Sea unto him, and for me to ſpeak my ſelf, was to ruine my Cauſe, as I had been formerly told by the Lawyers in another Caſe, when I ſpake to the Judge, the Judge bid me ſpeak to my Counſel, for the Lawyers Maxim is, by no means to ſuffer a Clyent to ſpeak in his own Cauſe, for that they'll tell him, will ruine his Cauſe.) So the Judge and Jury finding by his Evidence, that I intended to go away beyond Sea, ſo as that no body ſhould know whither or where to find me, or hear of me, they without ſtirring from their place, gave their Verdict againſt me, as it is ſuppoſed; and though I would not, yet one of my Counſel that knew how to favour Mr. Moyer, would and did appear to the Verdict whether I would or not, though I would gladly have had a Tryal at Bar, for they went not out of the Court: So in the ſtead of recovering Damages, I was forc'd to pay Mr. Moyer's Attorney thirteen Pounds and thirteen Shillings Coſts; although the Lord Chief Juſtice had declared, That all my Declaration was proved except the Malice, and that the taking out the Statute was an undue way of proceeding, and 'twas the Act of the Lords Commiſſioners of the Great Seal, and not Mr. Moyer's, for, or becauſe, ſaid he, what he did was by the Advice of his Counſel; yet my remedy at Law did lie againſt the Lords Commiſſioners of the Great Seal, and them only (or to ſuch like Purpoſes;) but would not the World think and ſay, I were Mad if I ſhould go to law with the Judges; and though I have received ſuch a Direction from a Judge, may, or ought not I without offence to conſider the Improbability of Succeſs and the exceſſive Charge in the Attempt; or perhaps the Judge knowing the unpracticableneſs thereof, ſpake it on purpoſe to take me off from all manner of thoughts for ſeeking any manner of Remedy; for I do underſtand 'tis a moſt hainous Crime to make any Diſcovery or Complaint of any of the undue Practices in the Law, if it be true as Mr. P. Brunskell hath often told me, That in King Charles the Second's time all the twelve Judges ſat together three times, to conſult, how by Law they might take away his Life, only for endeavouring to diſcover and get the Irregular Practices, Abuſes and Oppreſſions in the Practicers of the Law rectify'd and redreſs'd; but he being a Lawyer was ſo wiſe as not to be taken by any ſtratagem in Law: So afterwards, it ſeems, one was imployed to aſſaſſinate him, who ſhooting at him miſs'd him, but cut the Hair of his Perriwig with the Shot. Now though I am no Lawyer, or do dare to take any of their Counſel in this matter, yet I hope I may without offence, make my Complaint out of the Grave Sir R. B. hath caſt me into, and make manifeſt mine own ſad Experience, and therefore cannot hope for any ſucceſs in ſuing Judges: For as far as I can perceive, a Man once in Law can never get out, though he be never ſo innocent, for his Innocency is commonly the cauſe of his Intanglement, and whiles he is worth a Groat the Practicers in the Law will very hardly part with him, and then the worſt of Characters ſhall not be wanting to be put upon him, by even thoſe that had bin his Counſel, and helped to undo him. I do remember ſome years ſince, one Mr. Fowles recovered from me at Common▪Law the Summ of Two hundred and fifty pounds on a Bill of Exchange, payable forty days after ſight to one William Butler or Order; which I had accepted, and delivered to Butler, who gave it to one Job Hadderſich, (a vile perſon, that had bin convicted for Forgery, and ſtood in the Pillory,) who diſcounting the time with his old acquaintance Mr. Fowles, by virtue of Butler's Name being endorſed on the back-ſide of the Bill; which Butler denied, and ſwore he never wrote with his own hand. Now the Common▪Law, as I have bin told, requires full and ample Proof by good Teſtimony; and in regard they had no way to prove the Name wás written by Butler's own hand, the Judge did cauſe him to write his Name in the Court; ſo then comparing his Name then written with that on the back-ſide of the Bill, and obſerving that the Names were not written ſtraight▪ but both inclining alike upwards, the Judge directed the Jury to find it; ſo the Jury, without ſtirring from their place, gave their Verdict againſt me: 'Tis an old Obſervation of ſome, That 'tis natural for a Man that ſees but two perſons together, to have an inclination towards the one more than the other; and the Affections of a Man are not always ruled by Reaſon; and ſome Men, that have bin but once concerned againſt a Man as Counſel in a Cauſe by way of Pleading againſt him, will never be reconciled to him, though his own Client were never ſo vile, and made appear ſo. As for Example; The Judge that Tryed this Cauſe had bin many years before a Counſel for Farmer (that had counterfeited my Stamp or Mark, and changed my Cloth, as hereafter is ſhew'd) againſt me that proſecuted him and convicted him in a moſt manifeſt manner; for which Fact, as I ſuppoſe, he hath looked upon me very ſeverely ever ſince, and upon all occaſions, hath ſhewed himſelf inclined againſt me, as in this Caſe and the Caſe of the Statute, when, though he did own that all my Declaration was proved; but the Malice, (which though one would think was ſufficiently made manifeſt by the very Fact;) yet becauſe I did not particularly prove it, mine Adverſary was cleared, and I left to pay him Coſts; and for my Remedy at Law, by his direction, muſt Sue the Lord Keepers of the Great Seal, whom he knew very well were Men above my reach; although indeed the Statute was grounded upon only a Debt made by their own Decree; and though almoſt every Week or Month I was at the charge of making ſeveral Motions for the Superſeding the Statute, yet they would not grant a Superſedeas for near 12 Months, becauſe they did hope ſome one or other might come in and joyn to make me a Bankrupt; which, I think, was ſo cruel and maliciouſly inhumane in them, that if the King ſhould think fit, undoubtedly they ought to be Fined what they are able to pay, and made Exemplary to all Poſterity by ſome ſhamefull Puniſhment, beſides for their partiality, cruelty, and malice in Juſtice, when Judges ſitting in the Seat of Juſtice. Oh! to what an highth of Impiety is the World come to, that under the pretence of being juſtified, a Man muſt be utterly ruined by the Law, meerly by wit and ingenuous contrivance! Or, perhaps all theſe things may be cauſed by the Infamy caſt upon me by Sir Richard Blackam: For indeed, if I am ſo ill a Man as he repreſented me to the World by his private Whiſperings, I do think then that the Judges may very well ſuppoſe me to be a Man not worthy to live, and conſequently fit to be chaſtiſed on all occaſions, when ever any Cauſe of mine ſhould come before them.

Now as I was informed at the time the Commiſſioners of the Statute of Bankrupts ſitting to tear me in pieces, a relation of Mr. Moyer's having ran about the Exchange to make a moſt diligent Enquiry amongſt all people with whom I had had any manner of dealings, to find out a Man to joyn with them in the Statute; and finding none, he did exceedingly importune Mr. (now Sir Richard) Blackam to joyn with them, not knowing what Contracts were betwixt him and me, did often, when he met him, ſhake his head, hold up his fiſt, and grin at him for not joyning with them; for he knew very well he was muſled by my Contract and Security given unto him, and could by no means joyn with them, though he might have ever ſo much mind to it. But however, finding the miſchief of a Statute of Bankrupt lying upon me, he became very fearfull and uneaſie, and ſtudied all the ways he could to make himſelf ſafe, although I had made him ſo before; and without any regard to his Contract, gave me much trouble with Arreſts, &c. as may appear by the Sequel: For he knowing very well, that ſince my coming into England, I had received an abundance of rubbs by Arbitrations and Cheats put upon me, was very fearfull of me, as I ſuppoſe, leſt the Statute of Bankrupt ſhould tear me into pieces, and rend the Security I had given him out of his hands, and ſo he ſhould become a loſer by me, as I do ſuppoſe: For when I came firſt into England, before I had bin many months in it, one Mr. Cary came to me and demanded the Value of 1864½ Dollars to be paid him by the Order of his Father in the Country; which being a Summ of Money remitted from Conſtantinople by the Honourable Dudley North, for the joynt Account of Mr. Jollife and my Father, unto his Son John Cary and myſelf (Mr. Foxley being gone for England) at my firſt Arrival in Smyrna, in a Bill of Exchange for 3000 Dollars on a Jew Merchant in Smyrna, of which 1235½ Dollars being for another's account, he received the whole Summ of 3000 Dollars; and I being Caſheir, or Keeper of the Caſh, he deſired me to Enter the Money in my Caſhbook for the ſaid Account, and he would pay it unto me; which I did, but he never paid me, although I asked him ſo often for it, that he was angry, and asked me, If I thought he would run away with it? So, not liking to be ſnarl'd at, and for peace and quietneſs ſake, I asked no more for it; but thinking he would pay it me at one time or other, I quite forgot it for about ſeven years; and then being by Orders from England to part and adjuſt all Accounts: For being quite wearied out with his moſt unreaſonable humour of receiving and concealing from me many Summs of Money from thoſe people of the Country that were our Debtors for our Principal Goods ſold them at time; and in his way of living to turn the nights into days, and the days into nights. I thought when Mr. (now Sir Philip) Gell came over, and had ſeen his ways, which he alſo could not bear with, 'twas high time to acquaint my Father with the intollerableneſs thereof; and accordingly we wrote joynt Letters to ſeparate us from him, which ſucceeded; and accordingly having received his Procures upon him, we did with great difficulty adjuſt Accounts before the Conſul, and then I found he had received and concealed from me above Twenty thouſand Dollars, which probably I muſt have loſt, in caſe I had not all along kept mine Accounts exactly with the Debitors: Yet 'twas not poſſible for me to know of all the Moneys he did receive for Goods he ſold unknown to me for Readymoneys, and gave me no account of, as I have bin informed he did many times; and how much I am damnified, I know not; for if at any time I ſpake to him of any Matters he did not like ſhould be taken notice of, 'twas as much as my Peace was worth, and was exceeding deſirous to be accounted what he was not; neither did he ever diſcover to me any Summ of Moneys I did not charge him with; and I think I have very good reaſon to believe, that without all doubt I loſt much by him in his ſeven years unfair and vexatious dealings by me, and ſcandalizing of me.

Now to make manifeſt his Inclinations of concealing Moneys from me, I do here ſhew a true Copy of John Cary's Note given to ſave me harmleſs from joyning with him in diſcharging Mr. Foxley of the Ballance of Mr. Jollife and my Father's joynt Account; and alſo a Copy of ſo much of their joynt Letter to Mr. Cary and me as relates thereunto.

By which Letter I came to know the Ballance of their Account left by Mr. Foxley, elſe I believe 'twould have bin concealed from me to this day; though, I think, 'tis plain that he well knew the Ballance at the time he gave me the Note above written, and and did utterly deny that he knew when I joyn'd with him in the Diſcharge given to Mr. Foxley; for before I did it, I was not a little importunate with them both to know what 'twas; but Cary cowed Foxley ſo, that he did not dare to diſpleaſe him by telling me what 'twas.

And though I did faithfully, ſo far as I knew, help him to adjuſt his Accounts (for he kept no Books, only ſome Memorandum's in ſmall bits of looſe Papers,) yet he concealed from me the ſaid 1864½ Dollars; and after we had ſigned and ſealed Releaſes to each other before the Conſul, he did confeſs to ſome of his Friends and Confidents, that he did owe me Dollars 1200, or a larger Summ of Money in Dollars which I had forgotten to charge him with, (which doubtleſs muſt be another Summ I could not find, beſides the 1864½ Dollars;) but he obliging them to Secrecy, I knew nothing of it till ſome time after his death; and then, with much ado, the Honourable Mr. Dudley North did lay a Sequeſtration upon his Eſtate then lying in Conſtantinople for the recovery thereof, which continued untill ſuch time as his Father here in England did by his Letter enorder his Correſpondent to pay the 1864½ Dollars: For indeed 'twas no body but the Honourable Mr. (ſince Sir) D. North, that diſcovered to me where that miſtake did lie. So when I came home, Mr. Cary pretending great Damages ſuſtained by the Sequeſtration laid on his Son's Eſtate, did, by his Son dwelling in London, propoſe to me a Reference, rather than a Law▪ſuit: So he propoſing and nominating Mr. William Jollife, who I thought had been my very good Friend; I did alſo referr it to him, without chuſing or nominating any other to ſtand againſt him, I being but a Stranger, newly come home, and knew not whom to chuſe: But it ſeems I was miſtaken; for in the ſtead of ordering him to pay me the 1200 Dollars, that his Son John Cary had confeſſed was due from him to me, he awarded me to pay him One hundred pounds; though he did not think fit to make known to me any manner of reaſon for his Award, more than that he did it to avoid a Law-ſuit. So having promiſed to ſtand to his Award, I paid the hundred pounds without any manner of a delay, immediately; though I thought it was ſo very hard and unjuſt, I could not but adviſe his Son that took it of me, not to let it go amongſt his Father's Eſtate, leaſt it ſhould prove a Moth in it; for I did well know I was much wronged to pay One hundred pounds to him, of whom I ought to have received many hundred pounds at leaſt. After this I happened to deal with Mr. Moyer's Couſin Henry Farmer, a Packer, for ſome hundreds of Cloths, which I bought of him, and ſtamped with mine own Stamp or Mark; amongſt them were ſome very fine Whites, or undyed Cloths, made of the beſt Spaniſh Wooll, and were reckoned to be of the fineſt ſort of Cloth made in England, ſo that they were reckoned really worth Twenty-three pounds per Cloth as they were White; which being meaſured and ſtamped with mine own Stamp, I ordered them to be ſent away to the Dyers to be dyed into the proper Colours for Turky, ſuch as I had appointed, ſo went my way; and as ſoon as I was gone, he ordered his Men to carry them up into an upper Room, and there took off my Seals; and putting other Cloths of about 15 pounds per Cloth in the room thereof, ſtamped them with a counterfeit Seal or Stamp made in imitation of mine: For which Fact, though he was convicted both at Common▪Law and Equity, yet I had no manner of Recompence; but in the ſtead thereof, though Sir Robert Sawyer was my Counſel in the Cauſe; yet being Attorney▪General, free to take Fees, 'tis ſuppoſed that for Money being well Fee'd, he repreſented him to King James as an Object of his Majeſty's favour, whereby he obtained a Noli proſequi. So that I had not ſo much as one penny either for my Damages, not only of Eight pounds per Cloth, but likewiſe the defamation and diſcredit of ſending ſuch an inferiour ſort of Cloth at the price of the beſt; nor had I any thing allowed for my Charges in proſecuting ſo notorious a Cheat. After this, one Mr. W. H. by ſome called Dr. W. H. that went out with and in the Service of a Noble Peer of this Realm, ſome years before ſent Embaſſador to Conſtantinople, whoſe favour and friendſhip I did ever highly eſteem, ſince the firſt time I had the honour of being acquainted with him; and by his diſcourſe, with great applauſe of his Lordſhip, that he was very much in his Lordſhip's favour, I thought him a very honeſt Man, and after a little time of acquaintance with me, did pretend a great kindneſs and reſpect for me; and to manifeſt the ſame, would needs pretend to help me to a rich Wife, though I told him 'twas a matter I ſought not after, neither ſhould I make any Smithfield Bargain, neither would I give any account of mine Eſtate; and whoſoever ſhould marry me, muſt take me for what I am, and not for what I have: I would only deliver my ſelf an honeſt Man, free from Women, and free from Debts, and, in point of Marriage, I would not pretend to be worth a groat, neither would I refuſe a good offer; and whilſt I was at Law, I did reſolve not to ſeek, and 'twould be very difficult for him ever to bring ſuch a buſineſs to paſs: But however, he ordered (as I ſuppoſe) his Wife to write to me, and in her Letter did deſire to let her ſpeak with me; ſo going to her, ſhe did recommend to me one William Butler for a very honeſt Man, and a particular acquaintance of her Husbands, the Doctor; who having two great Matches at his diſpoſal, did appoint me to meet her next day at the Fountain-Walk in the Temple, where I did meet her accordingly, and ſhe did immediately bring me where he was to talk with him; who did upon the firſt ſight propoſe to me the choice of two; the one a Widow of about 22 years of age, worth about 4000l. per Annum; and the other a Maid about 18, worth 30000l. and if I would, I might have which I pleaſed; but he would have 1000l. for himſelf: I told him I thought he would deſerve it: So, in a little time, I aroſe and went my way, not much believing him; but the good Woman following me, told me how able and honeſt a Man he was, and not to be ſlighted, for he could effect and accompliſh any thing he undertook: So telling her I ſhould be glad to be better acquainted with him, he ſoon came to me at my Lodging in Mark Lane; I think indeed the very next night; and ſo continued importuning me for near a month together. I told him, that while I were troubled at Law, I ſhould not think of Marriage, and how that there was a Statute of Bankrupt againſt me; and therefore 'twas impoſſible any ſuch thing could be; for I would not deceive or bring any Woman into trouble: then ſaid he to me, 'Tis no matter, the Maid is my Kinſwoman, and ſo he could eaſily make the Match, for ſhe deſired to marry a Merchant: then ſaid I, A Woman of that Fortune could not want much better proffers, and doubtleſs needs not your aſſiſtance to help her to an Huſband; ſo deſired him not to trouble me with ſuch unpracticable things; for iſ it were true as he ſaid, I ſhould undo all that he ſhould do in the matter if ever I came to ſee her, for I ſhould certainly tell her of the Statute of Bankrupt, and no Woman would be ſo mad as to marry a Man in ſuch circumſtances: Then he ſwore, that in caſe I would but give him ſecurity for 1000 pounds to be paid him after my Marriage to her, he would effect the Match, notwithanding all that I ſhould ſay to her. And thus having importuned me for about a month, and conſidering the great infamy and baſe oppreſſion I did lie under with the Statute of Bankrupt, I thought I ought not to reject the proffer of ſo ſeaſonable a Relief; and thereupon I offered to give him my Bond; but that he refuſed, ſaying, That the condition of the Bond would deſtroy it; but deſired me to accept of four Bills of Exchange, payable forty days after ſight for two hundred and fifty pounds each; to which I replyed, That a Bill of Exchange accepted, would be ſtronger upon me than a Bond; but I would conſider of it: So I went to Counſel, and asked him if he could draw out ſuch a Defeazance as would ſave me harmleſs from a Bill of Exchange accepted? he told me yes; ſo I gave him his Fee to do it forthwith very well and ſecure; ſo after three day's time he gave me a rough draft, leaving blanks for the Names. So the ſaid Butler writing out a fair Copy thereof, and putting in the Names, did ſign it and ſeal it in the preſence of two Witneſſes, and delivered it to me as his Act and Deed; and then ſhewing me the four Bills he had provided, he deſired me to accept of one only, which I did; for as he in a moſt inſinuating manner pretended and ſaid 'twas only to ſatisfy the Lady's Steward, who was to have the one half of the Money, that ſo he might not be in doubt; as for his own part, he deſired no Security, he was well ſatisfied, and doubted not of any thing but the Steward muſt be ſatisfied before he could ſhew me the Lady; and in a day or two after, according to his deſire, I did accept of another; and the other two Job Hadderſich forged mine acceptance unto; for the one whereof he was indicted and convicted at the Old-Bailey, and accordingly ſtood in the Pillory at Charing-Croſs; and though he hath not paid his Fine of forty Mark to the King, according to the Sentence, yet he hath the liberty of going abroad in the beſt of Apparel, and cheated many others ſince of very conſiderable Summs of Moneys and Goods; and I by no means can obtain an Hearing at the Exchequer-Barr for the recovery of 250 l. which he confeſſed he had received with rebate of one Mr. Fowles (his old acquaintance) upon one of the Bills of Exchange that I had accepted, and ſtill cheats me of. And ſince the Cauſe hath bin heard betwixt Mr. Fowles and me (without Hadderſich that could not be found to be ſerved with a Subpoena ad audiendum judicium, though a Priſoner in Execution for Debt;) upon opening the Cauſe, one of the Barons was pleaſed to ſay, That here are two to be cheated; and he had rather Albyn ſhould be cheated than Fowles; and another Baron that perus'd, corrected and ſign'd my Bill againſt them both in the Exchequer, whereby to be relieved againſt the Fraud, then ſaid at the Hearing, I had no Equity; though when I gave him his Counſel-Fee at ſigning, being above the rate the Law allows, I had a great deal of Equity. Now by no means can I obtain an Hearing of the Cauſe againſt Hadderſich, who did fraudulently get and ſtill keeps my Right to the ſaid 250 l. from me; ſo it ſeems a Counſel, whiles a Counſel, to get a Fee, will tell his Client he hath Equity in his Cauſe; but when made a Baron, the Equity ceaſeth, though his Client be injured never ſo apparently by a moſt notorious Cheat, who confeſſeth to have the Money, and yet goes free without being called to Judgment; and though my Bill be ſtill depending, he is protected, and I can by no means obtain Juſtice in ſo plain a caſe; which is ſtupendious to think how in England a Court of Equity ſhould protect ſuch a notorious Cheat; I do believe the like is not in any other part of the World; which, doubtleſs, muſt be a great encouragement to Cheats, and looks as if the Laws were made only for the Practiſers therein to enrich and raiſe themſelves in the World, and not for Righting the People; and that ſuch Cheats were to be encouraged as perſons that brought Griſt to the Lawyer's Mill. Now in Turky, where any Difference doth happen betwixt Man and Man, the Man aggrieved may immediately call, and have him that offends before the Caddee or Judge, and without any delay both Plaintiff and Defendant plead their Cauſe themſelves; and, according to their Laws, the Caddee paſſeth Sentence, which is immediately executed, and the Matter ended, both parties become friends; and no provocations make the Turks live in Malice, as generally people do here in England, who I do believe uſe it more than all the World beſides; partly, becauſe here are ſo many whoſe buſineſs is to ſet people at variance, by telling them what advantage one may have of the other by the force of Law; partly, becauſe generally the people do highly commend the envious and malicious Spirit, and call it a great Spirit; though if duely conſidered, I think nothing is more baſe, and leſs worthy of reſpect, and is indeed the effect of Purſe pride: For what is more common than for people that have more Money than their Adveſary to ſay as Mr. Moyer's Brother-in-Law did ſay after we had ſpent ſome years and much Moneys in his Suit againſt me in Chancery, he being to receive his ſhare of what they hoped to get from me, ſaid thus (finding it a very chargeable Court) If One thouſand pounds would not do, another thouſand ſhould; and if that did not do another ſhould; and ſo on, to I know not how many thouſand pounds, and he was reſolved his Brother Moyer ſhould carry the Cauſe whatſoever it coſt; ſo it ſeems he did not pretend to any Right there was in the Cauſe on their ſide, but only to ruine me by the force of Money, as I was told Mr. Moyer did threaten to do when I was in Turky, if ever I ſhould come into England; which, to effect, I do think he hath omitted no means or endeavours; but what reaſon he had for it, I could never learn or find out; for I never had to do with, or did ever ſee the Man in mine whole life, that I know of, untill I did arrive from Turky back to England. Sometimes I have thought, that becauſe my Father ſometimes would laugh and jeſt with his Father, and ſalute him by the Title of Mr. Chairman; becauſe that in the time of Sequeſtring (as I ſuppoſe) the Eſtates of the Nobility and Gentry of England, much about King Charles the Firſt's time he was Chairman of that Committee, as I have heard and have bin told; but I do remember the Old Man did not much like it, for he would look very grum and ſowre upon it. Now though ſuch jeſting might paſs betwixt them, what was that to me? could I help it? Now Mr. Moyer having (as it may be ſuppoſed) this innate principle of encroaching upon and taking away the Rights and Eſtates of other Men, obtained an Order out of Chancery to have my Books laid open unto him; and having before a Maſter peruſed and examined my Books in all things he could deſire, and not being able to find out any thing therein for his purpoſe, or find any fault, became ſo enraged at me, that he ſaid, Mr. Albyn, you are a cheating Knave, and Ile prove it: Then ſaid I, Bear witneſs, Gentlemen: So the next day he came to me upon the Exchange, and told me he was in a Paſſion, and began to beg my Pardon; but all that I ſaid unto him, was, Pray do not, let you and I talk; for I indeed did then intend to bring mine Action againſt him for ſo notorious an Abuſe: But the Lawyers that were the Only Men then preſent, being unwilling to bear Teſtimony, made me to forbear; ſo was forced to ſwallow that Injury likewiſe.

One inſtance more of Moneys, being the Rich man's Juſtice and Confidence in his Cauſe, be it never ſo bad, black and foul, is what Mr. (now Sir Richard) Blackam ſaid to me in Serjeants-Inn, after we came out of Judge Dolbin's Chamber, when we had bin both before him upon his Summons, to ſhew Cauſe of Action wherefore he had Arreſted me? and upon hearing the whole Matter, the Judge had told him there was no Cauſe of Action; and if he went on, he would be Non-ſuited: Sir Richard Blackam did then laugh at me, and told me that he had yet Five hundred pounds to ſpend for all that; for ſo much or near that Summ he would needs pretend to recover of me; for I believe he knows pretty well, that whatever a Man recovers at Law, it muſt coſt him as much at leaſt. Now whereas by the ingenuity of the Lawyers, Sir Richard Blackam is hindred from confeſſing and plainly ſetting forth the truth and matter of fact ſet forth in my Bill; if he were of himſelf only to make a full and true Anſwer, the Truth would ſoon appear, and Juſtice would take its due place without any delay, trouble or expence: But now there is no Remedy, becauſe by the force of Money he ſets the Lawyers Wits on work to make it an endleſs Suit, by evading ſome part, and not in any meaſure anſwering the other near 19/20th parts; only in general terms ſaith, My Bill is full of falſities: Which I do deny; and he knows, that if he ſhould be put to anſwer particular by particular, he muſt confeſs, and not deny the particulars; and by ſuch means the truth being concealed, I have no more remedy than as if I ſhould knock mine head againſt the Wall. Now though theſe and the like, and many more inſtances, are too too frequent, yet it ſeems rather impudence, and a bidding defiance to the Law and Juſtice of the Nation; which indeed ought rather to be puniſhed than countenanced, as being no leſs than ſcandalizing the Government to the higheſt degree: For what is or can be more abominable than Injuſtice obtained by Bribery and extravagant Fees in the eyes both of God and Man; and whereas the Throne is eſtabliſhed by Righteouſneſs and Juſtice, ſo the contrary muſt needs undermine and ſubvert it; for the Law is impartial, and Juſtice can do no wrong, and, without doubt, was deſigned for the Poor as well as the Rich, without any reſpect of perſons.

I do remember one time, talking with Mr. (before he was Sir Richard) Blackam, telling him freely and friendly what hard meaſure I met with in the World; (for to my face I never had any unkind words, but very fair;) I did then tell him how that ſome perſons had told me they had heard I was too honeſt to live in the World; he did then laugh at me, and reply, ſaying, That is not well, and 'tis no Commendations: And ſince that I was informed by Mr. Freeman, that Mr. Richard Nicholl had told him, that Mr. Blackam (now Sir Richard) had declared to him as bad an Opinion of me as 'tis poſſible for one man to have of another; but I could never be informed what that was, or why he ſhould ſo comprehenſively blaſt my Reputation: I do not remember, that in all my dealings with him, for near Ten years together, I had any manner of diſpute with him, or any unkindneſs from him, before the Statute of Bankrupt was taken out againſt me: But how long he hath bin whiſpering away and blaſting my Reputation, I know not; if he had killed me in the ſtead of ſo doing, I do think 'twould have bin much leſs prejudice to me, and my troubles would have bin at an end; but now I am as one buried alive, which is far worſe than death: And indeed I cannot but take it much worſe from him than from another, thus to bury me alive; becauſe at my firſt coming over into England, he did with great obſequiouſneſs and pretenſions of honeſty and much diligence, kindneſs and fair promiſes, deal juſtly and truely by me, as I thought, (though now muſt think I was miſtaken exceeding much,) and thereupon I did for about Ten years together duely and truely pay him for his Goods and his Work, without making him any undue Abatements by Arguments or Diſputes. But now ſo it is, that Mr. Moyer, upon the Revolution of Government, having brought his Bill of Review as aforeſaid, and thereupon mine intentions being to appear no more in Trade, and Sir Richard Blackam coming to me to deſire me to take off his hands One or two hundred of his Clothes, telling me, 'Twould be a great kindneſs to him, and no prejudice, but a benefit to me; becauſe he having great quantities of Cloth lying upon his hands, was forced to ſend ſeven or eight Hundred of them to Holland, and had ſtill remaining upon his hands 1300 Cloths; and the Ships for Turky being near full, he had but little hopes of putting them off by thoſe Ships; then I told him that I had no intention to be concerned that year in the Turky Shipping; but he not being content, or willing to be ſo anſwered, told me, That it would be no prejudice to me, but a great benefit; for if I would but take them, I ſhould have them 20 s. per Cloth cheaper than thoſe of the ſame Sorts he had ſold to other Men for Ready-money above a year before, and that I ſhould pay him for them at my conveniency, by degrees, and he would never trouble me for Moneys; but I deſired to be excuſed, I was not willing to meddle: but however, he would not reſt ſo ſatisfy'd, and for many days did ſo importune me, that at laſt, conſidering I had ſome Pipes of Canary-wine which lay on mine hands, and ſome Jarrs of Oyl which I had bought of him ſome years before with Ready-moneys, and could by no means put off without great diſadvantage;) I told him I would take 100 or 150 of his Cloths on the terms he had propoſed, if he would take them: To which, though at firſt he ſeemed unwilling, yet ſoon after he accepted thereof; and accordingly we came to a concluſion; and I deſired to have our agreement put into writing; but he objected, ſaying, The World would wonder, becauſe to ſell Goods without a limitation of time for payment was not uſual: So afterwards, as he pretended only for Mortality's ſake, did deſire in writing it might be expreſſed for the firſt hundred Clothes I ſhould pay him One hundred pounds per Month after the Ships departure from England, and the reſt at the return of the Ships; and that was only for Executors to know how to demand their Moneys if he ſhould dye; but if he lived, the bargain ſhould be as was agreed, and that he would never trouble me for Money; and for the confirmation of that agreement, and to oblige him to be ſo punctual as never to trouble me for Money, I did voluntarily, of mine own accord, offer to allow him Ten per Cent. on the prime Coſt of the laſt 100 Cloths; which he accordingly accepted of, and afterwards charged to mine Account: So thinking him to be a Man of his Word, I conſented: And I meaſured his Cloths, and ſent them to be Dyed in great haſte; for the Ships began to be falling down the River in order to their Voyage, being near full; and as ſoon as the firſt part of them was gotten ready, I was forc'd to hire an Hoy to carry them to the Downes where the Ships were; and what was not then ready, I thought to had quitted, and not medled with; for ſo was mine agreement, that if I could not Ship them, I was not to have them; but however, Sir Richard Blackam was ſo diligent as to get the reſt ready to be Shipped ſoon after my Return from the Downes; and then the Ships being at Portſmouth, we fraighted an Hoy thither; and having laden the reſt on Board her, we took Poſt to Portſmouth, where we met the Hoy, and laded them on Board the ſeveral Ships. So I having ſtayed there till the Ships ſailed thence, I then went to Southampton, where I took Poſt for London, where, when I was come, Sir Richard Blackam came to me next morning, and told me my Decree in Chancery againſt Mr. Moyer was Reverſed. At which news, being very much ſurprized, I went to make enquiry, and found it to be true, and the Effects thereof very troubleſome from Sir Richard Blackam; for he was not only extreamly diligent to get his 100 l. per Month with the Wine and the Oyl, but alſo did frequently pretend to have very urgent Occaſions for Moneys; ſometimes for 250 l. or 300 l. and ſometimes for 500 l. So many times at the Exchange, when he met me, would in a fair plauſible way come to me with fair words and entreaties, telling me how extreamly prejudicial the want of ſuch Summs would be unto him, in caſe he were not ſupplied, and how it could be no manner of prejudice to me to give him a Note under mine hand for ſo much payable to him or Order three months after date, he ſaving me harmleſs by giving me a Note under his hand to take up the Note, and ſatisfie it himſelf, without troubling me therewith; and with my Note he could go into Lombard-ſtreet, and diſcounting the time, he could be immediately ſupplied with the Money. So conſidering with myſelf, that I was more conſiderably indebted to him than any one of thoſe Summs, (as he was not wanting to put me in mind,) and I thinking it might be great ſervice to him, and no prejudice to me, I did readily and frequently gratifie his Deſires, and give him ſuch Notes, and taking his Receipts and Acknowledgments as Securities to ſave me harmleſs, I did ſupply him to the Value of I know not how many Thouſand pounds.

Thus I ſerved his Occaſions, perhaps much better than if he had taken up ſo much Money at Intereſt, which would had required good Security beſides his own; which to do, would had called his Credit in queſtion. Now theſe Services being done only out of kindneſs and pure friendſhip, and not on account of debt, I kept no account of them, thinking his Receipts a ſufficient barr and acknowledgment upon what account thoſe Notes were given; and the Clothes I did owe him for, being in all 220, were a ſufficient ſecurity againſt any one of my Notes given, in caſe he ſhould offer to put it into practice the making me to pay any one of them, as indeed he did begin to do, by ſending Mr. Williams the Goldſmith with one of my Notes for 300 l. to demand payment thereof; Whereupon I told his Man that came with it to me, That I would come to his Maſter's houſe and ſatisfie him about it: So I went to his houſe, and ſhewed him Sir Richard Blackam's Receipt and Acknowledgment upon what account it was given; when he had read it, he ſaid, That was nothing to him, he would have his Money, having paid it to him the ſaid Sir Richard Blackam, and did afterwards Arreſt me twice upon it by the Order of Sir Richard Blackam, as Sir Richard Blackam hath confeſſed, and told me ſince; particularly one time upon the Exchange, when he thought Mr. Freeman had adjuſted and ſetled all Matters betwixt us as he would have them; and nothing more remained to be done, but Signing and Sealing a Writing to him; which he did not doubt to make me do by his wheedling Art of perſwaſion, before he delivered up unto me that and the reſt of the ſaid Notes upon Oath, according to the Award of Mr. John Freeman, to whom all our Differences were referred on that condition; for unleſs he ſhould deliver them all up upon Oath, 'tis not poſſible for me to be ſafe or ſecure from the wheedling humour of the ſaid Sir Richard Blackam; for untill Mr. Freeman had promiſed me he ſhould do that, I could by no means think of ſubmitting to Mr. Freeman's unreaſonable Award, for me to pay to Sir Richard Blackam Three hundred and eighty pounds, inſtead of receiving of him 1018 l. for ſo I call it; becauſe when I asked him the reaſon of it, he told me he could not tell; but ſo 'tis, and he could do no otherwiſe. And afterwards, to juſtifie Sir Richard Blackam's Arreſts and ill Dealings by me, and his own Award, told me, That if I were in Mr. Blackam's Clothes, I would do the ſame things that he did. So it ſeems Sir Richard Blackam doth wear Clothes to juſtifie them both; and not only to juſtifie the Award, but alſo all his black Works and Deeds whatſoever; inſomuch, that although I had made choice of Mr. Freeman for my Refferree againſt Mr. (ſince Sir Alexander) Rigbey, a Refferree for Sir Richard Blackam, who went off without effecting any thing in the Matters, being by Sir Richard held up ſo very thytly to his own Will; and then Sir Richard pretending to leave all to Mr. Freeman ſingly and alone, he did ſo far inſinuate himſelf into Mr. Freeman, that Mr. Freeman regarded me not; inſomuch that when I▪ ſpake to him any thing that made for me, and was highly material in my Caſe, he would tell me, I do not mind that; and at other times, I do not regard that; and if at any time I ſhewed him in Writing any thing that made for me, as I thought, he would tell me it made againſt me: As particularly one time meeting him upon the Exchange, I deſired him to look upon a Writing I had in my Pocket, which I thought was materially for me: So he went with me, and ſat down on the North-weſt Corner of the Bench on the Exchange, and plucking my Jeſdan or Letter-caſe out of my Pocket, I took thence a Paper, where incloſed were ſundry Writings, particularly Sir Richard Blackam's Receipts for the ſeveral Notes for the ſeveral Summs of Money as aforeſaid, and ſome other Writings; and amongſt them, the Writing to be ſhewed Mr. Freeman, which I took out and gave into the hand of Mr. Freeman for his peruſal, and laid the reſt down upon the Bench in the corner where we ſat. When he had read it, he told me it made againſt me; at which I was ſo ſtunn'd and grieved to ſee him ſo wholly bent againſt me, that talking with him about it, we aroſe to walk there, and I quite forgot to take up my Papers, but left them behind me, and could hear no more of them for about two years time; and then being as it were upon a concluſion of all matters, according to Sir Richard Blackam's mind, as he thought; for Mr. Freeman would fain had be-fooled and perſwaded me to take Sir Richard Blackam's Bond inſtead of my Notes; but I told him his Bond could ſignifie nothing without a Law-Suit; and unleſs I could in all Points be cleared from Sir Richard Blackam, I would not part with my Right which he had Awarded away from me to him; and I inſiſting upon Sir Richard Blackam's delivering up all mine aforeſaid Notes upon Oath for the want of thoſe his Receipts; then Sir Richard B. produced the Man that found them, and took them up off the place where I left them, who by his Order did bring them along with him, and ſo I did get them again; but whether I have received all that I left behind me, I cannot poſſibly tell; there may be many wanting, for all that I know; but I find Sir Richard Blackam's Name torn out of ſeveral of them; ſo what he and the Broker that took them up have done together, I know not; for the Broker never gave me any manner of notice of them untill the very moment he produced them by the Order of Sir Richard Blackam, neither would Sir Richard ſuffer him to deliver them to me before he had with Pen, Ink and Paper taken a particular account of all the ſeveral Writings; which I thought was very odd and unreaſonable (Mr. Freeman the Referee being by) for him to take an account of my Papers. And though he had and ſtill hath all the Notes aforeſaid, to the import of I know not how many Thouſand pounds upon kindneſs only; yet to ſecure unto him what was due from me, I did voluntarily deliver and endorſe unto him Bills of Lading for as much Silk and Grogoram▪ Yarn as would had produced full payment to him of what I owed him, beſides an overplus of 1018 pounds to be returned to me, in caſe he had, according to our agreement, kept, and not ſold them without my privity, knowledge and conſent; for by mine agreement with him, he was not to ſell any part of them without my privity, knowledge and conſent, and on that condition only 'twas that I did indorſe and deliver to him the ſaid Bills of Lading; and in caſe he had kept my Goods but a few months, as I would have had them kept, (he being by the ſaid agreement to be allowed Intereſt for his Money from the time that they were landed in his poſſeſſion, till the time they were ſold;) but however, whether I would or no, he ſold my Silk at 17 s. 6 d. per Pound, which might have bin afterwards ſold for 40 s. per Pound; and my Grogoram-Yarn, which he ſold for 3 s. 6 d. per Pound, might havebin ſold at 8 s. per Pound, for ſo was the Price currant of both Silk and Yarn of the like quality in few months after: And then when I came to enquire for my Goods to be diſpoſed of and ſold at the highth of the Market, behold my Goods were gone, and ſold many months before unknown to me. And then having demanded an Account thereof, he drew out a moſt extravagant and exorbitant Account, wherein he brought me in ſtill his Debtor above 500, near 600 pounds; for which Moneys, after he had Arreſted and given me ſo much trouble, as to force me to a Reference, and though I did ſubmit to a moſt ſevere Award (which I could never yet be informed any reaſon for,) and endeavoured all I could to make an end with him; yea, I ordered ſome Goods into Mr. Freeman the Referee's hands, that out of them he might be ſecure and take his full ſatisfaction; yet he would not make an end, but keeps all my Notes for the ſeveral Summs of Moneys, amounting to I know not how many Thouſand pounds, though one penny of that Money is not in any way due from me: (Oh, let all Men beware of the Man that ſaith his Name is black am.) About twelve or fifteenth Months ſince, Mr. Freeman did moſt ſhamefully dunn and importune me to make an ènd with Sir Richard Blackam, as he had Awarded, though he very well knew that Sir Richard Blackam had refuſed to do his part of the Award: At laſt I did freely tell Mr. Freeman, that he could not hurt me beyond what the Providence of God will permit; he did thereupon laugh at me, and reddening in his countenance, went his way, and, I ſuppoſe, adviſed Sir Richard Blackam to preferr his Bill againſt me and himſelf in the Lord Mayor's Court, to get my Goods now lying in his hands; for in three or four days after I had notice ſent me to anſwer Sir Richard Blackam's Bill; ſo as ſoon as I could get a Copy thereof, I delayed not to draw out mine Anſwer; which being ready to be carried in within the eight days time allowed by the Court, and being adviſed to preferr a Croſs-bill againſt him and Mr. Freeman, 'twas thought moſt convenient for me to deferr putting in mine Anſwer till they had anſwered my Bill; ſo though my Bill was filed 4th February 1695, yet could by no means get one word of anſwer from either of them untill the 13th of July following; and then Mr. Freeman, after many Endeavours of the Officer for carrying him to Priſon, did put in an inſufficient Anſwer; and then importuning Sir Richard for his Anſwer, Sir Richard moved the Court that mine Anſwer might be firſt put in, before his, becauſe his Bill was firſt preferred: So, as ſoon as I was informed the Court had order'd it ſhould be ſo, I delayed not, but on the 23d of July laſt did put it in accordingly; though Sir Richard delayed putting in his till the 10th of September following; and then he put in ſuch an inſufficient and evaſive Anſwer, that ſo much as the 20th part of my Bill I believe is not anſwered; and though Exceptionswere made to both their Anſwers, yet mine Attorney would not File them: And becauſe I have given a full Anſwer to Sir R. B. his Bill, the Court, without hearing one word of my Caſe, upon the Attorney's Report that mine Anſwer was too long, hath Fined me 4 l. 10 s. 2 d. And as ſoon as I was ſerved with the Order of Court, I went and asked mine Attorney why, and by what Law I was Fined, for I would obey the Laws? Then he told me, If I would give him a Fee, he would give me his Advice; but he knew no Statute for it: Then telling him, I would ſtand by every ſyllable of mine Anſwer, I went my way. So next day an Attachment being taken out againſt me, I was forc'd to pay the Officer above Five pounds. What Righteouſneſs there is in theſe practices, I know not! But doubtleſs the Gally-Slaves in Turky are much happier; and I think, if I were there, I would not come for England to be ſo harraſſed and abuſed as I have bin ſince my return into it.

Now for me to enumerate the manifold Grievances I have bin oppreſſed with, and do ſtill ſuſtain by the means and exceſſive malice of theſe three Men, would be too tedious and voluminous to ſet forth: Therefore mine humble Petition and great Requeſt is, That Right may be done as to what is herein ſet forth. And that I may not be devoured by the taking the due Courſe of Law, which now is ſo very expenſive, that in my ſixteen years little experience, I find, and muſt needs ſay, That the moſt prudent and frugal part is to loſe and be ſtript of all, rather than ſeek my Right by Law; for 'tis apparent that the tricks by Delays, Motions, Hearings and Rehearings, Orders, Exceptions, examining Witneſſes, great Fees and refreſhing Fees, and the payment o Solicitors and Attorneys Bills have amounted to far more than what could thereby be recovered; although I think I never retained more Counſel, or fee'd them with more or greater Fees than what my Sollicitor told me was neceſſary, and have ſometimes had the Attorneys Bills taxed according to Law, as was pretended; yet ſome after the taxing have told me, that by the ſtrict Rules of the Law, one tenth part of what charged therein could not be due unto them; and for what really laid out, I generally depoſited in their hands; for the Practicers in the Law are generally ſo wiſe, as not to truſt their Clients, nor to go to Law one with the other. I do not remember that in near ſixteen years time that I have bin harraſſed and tormented at Law, that I did ever ſee or hear of two Lawyers diſpute their own Right at the Law, neither is there any reaſon to expect to hear of ſuch a thing; for doubtleſs the Laws are plain, and a Cauſe truely ſtated muſt needs appear by the Law at the very firſt time, as well as at the thouſandth time to be either in the right or in the wrong: but the great-Virtue of a good and able Lawyer is to make a bad Cauſe good, and a good Cauſe bad. But is it not a marvellous thing to ſee how in other Countries, without Lawyers, people can live and enjoy their own peaceably and quietly without imbroils? And here in England, if a Man have any thing, that then he muſt either undoe others, or be undone himſelf by the Law; And that the Laws deſigned for the good and welfare of the People, ſhould be ſo managed, as to become their utter ruine and deſtruction. "Now whereas in the time of the Heathen Roman Empire, St. Paul had ſo much Juſtice, Favour and Reaſon uſed towards him, as to be allowed the liberty of Speaking without hindrance, ſo as to be heard in whatſoever he could ſay in making his own Defence for himſelf: And now here in England, the Lawyers have a method of underſtanding one another, for favouring a Cauſe on the one ſide, and baffling it on the other ſide, by ſaying, This is not to the Point, and That is not to the Point; and alſo, by calling it the Practice of the Court to Fine a Man for ſetting forth the whole truth, although it be never ſo much to the purpoſe of clearing the Caſe on both ſides, which cannot rightly be underſtood without. And whereas a Bill in Chancery, preferred by one Man againſt another, is no leſs than one man's Accuſation of another; who being to anſwer upon Oath, is therein to make his Defence. I do moſt humbly pray, that all ſuch unreaſonable and lawleſs Practices, being without Statutes, may be forborn; And that in this my Caſe, mine Anſwer, filed in the Lord Mayor's Court, the 23d of July 1696, may ſtand without a Fine; and upon hearing of the Cauſe, all parts thereof may be heard, juſtly and duely weighed and conſidered." And that Sir Richard Blackam and Mr. John Freeman may fully and truely anſwer upon their corporal Oaths every Word, or at leaſt each Paragraph in my Croſs-bill preferred againſt them, without Evaſion or Equivocation, by the help of Lawyers, that ſo the truth of all matters depending betwixt me and them may be made manifeſt; and the Right and Truth being fully underſtood, Juſtice may be done accordingly. For though by the Law I had undeniably a good Action for great Damages, yet by the force of Mr. Moyer's Money the Law could not prevail: So it ſeems, the Law is ſo much to be managed and byaſſed by Money, that it can by no means Right any Man that hath it not, or at moſt but in proportion to the quantity he hath to beſtow. For I do remember, the firſt time my Counſel moved the Lords Commiſſioners of the Great Seal for a Superſedeas to ſet aſide Mr. Moyer's Statute of Bankrupt, moſt unjuſtly and unduely taken out againſt me, Mr. Moyer's Counſel did alledge that Mr. Moyer was worth the beſt part of One hundred thouſand pounds; ſo they ordered the Statute to go on, notwithſtanding all the Allegations and the undeniable Arguments my Counſel could uſe; whereupon my Counſel ſaid at their peril let them go on; upon which Caution, I think, they went on no farther, although they would not grant a Superſedeas, but continued the Statute many months after; and by their means Mr. Moyer did moſt wrongfully continue the Statute upon me near twelve months. Doubtleſs God Almighty in his Law hath directed other things contrary, and in no caſe allows partiality; and hath given every Man his own tongue to ſpeak for himſelf, though now the Lawyers here in England have brought the People to that paſs, that they by no means muſt be allowed to ſpeak for themſelves, or can hardly ſay their Souls are their own; nay, I know ſome of them will not allow that any Man but a Lawyer can ſpeak Reaſon or Senſe, unleſs he be very rich, and then he is wiſe and every thing elſe. So now, ſince nothing can reſiſt the forceable Power of Money, but the Perſonal Authority and Word of the King's moſt Excellent Majeſty, God's Vicegerent; I have therefore thought it highly neceſſary, and the only expedient left me, to throw my ſelf, Life, and mine All, at His Majeſty's Feet, whoſe Juſt Power and Prerogative alone can, and I doubt not but will, do me Juſtice. And therefore, as I have preſumed ſo far to aſſume the Right of a Loyal Subject herein, to repreſent the Truth of mine Unparallell'd Grievances, by no means to be Redreſſed by Law or by Parliaments, though endeavoured for ſundry years laſt paſt. I do adventure to mention one Grievance more, becauſe I do look upon it encouraged and cauſed merely by the want of Redreſs in my former Grievances; for as yet not being gotten out of the Grave of Infamy, dug ſo deep by Sir Richard Blackam, that cannot yet find its bottom. One William Mann Eſq; the City of London's Swordbearer, doth think fit to keep that form me, which God in his Providence, by the Rules of the Law, hath made to be mine; for he knowing and finding, that by the Law I can have no Right done for me, without an ▪expence of as much, or perhaps double the value of the thing I ſhould any time offer to Sue for, refuſeth to do only the common part of an honeſt Man, which is only to deliver up unto me the Writings of a ſmall Eſtate that he himſelf told me I was Heir unto by Law, upon the Death of my Siſter, his fifth Wife; who did alſo leave me a Legacy of 200 l. to be paid me within two years after her deceaſe; but he will part with neither; becauſe for peace and quietneſs ſake, and to avoid a Law-ſuit, and to lay a foundation for Friendſhip with him if poſſibly I could: I ſay, for the ſaid Conſiderations, I did, upon his importunity, rather than have words of difference with him, come to an agreement with him for the whole; and upon a ſmall conſideration did make him an abatement of 352 l. and accordingly I endeavoured to make an end with him; but he finding no Right to be had for me at Law in any caſe, hath put a ſtop to all; and ſaith he will ſpend Fifteen hundred pounds, but he will have what by Law is my Right from me, though the whole matter is worth but 862 pounds. So he having wheedled with, and given great Entertainments to the Truſtee and other Friends that I had deſired to endeavour to perſwade him to do the reaſonable and juſt Things according to agreement, did, on the contrary, prevail with them to aſſiſt him to over▪reach and circumvent me; and to tell me, that I was without any remedy both in Law and Equity; and that he being the Swordbearer, would, upon all occaſions, find more favour in a Court of Juſtice than I ſhould. Can there be a greater aſperſion upon the Government, than to ſay their Courts of Juſtice do diſtribute Juſtice according to the reſpect they have for perſons in Office, or otherwiſe, more than others? (I am ſorry to ſee any one ſhould have cauſe to think or ſpeak ſuch a word:) They alſo would needs perſwade me to leave it to them: Whereupon, being profeſſed Friends in an extraordinary manner, the one being my Brother-in▪Law, and the other having all along before that time pretended to tell me how unreaſonable and unjuſt my Brother Mann's dealings in the World both with me and others had bin; I did tell them thus: Let the Caſe be truely ſtated and carried to two of the moſt Eminent, learned and able Counſel for their Opinions both in Law and Equity, and to have the Opinions clear, without interruption, by talking with them: I did deſire we might all meet together, and I would give to each of them a true Copy of the Caſe verbatim, with the ſame Words, in two diſtinct Papers, and at one and the ſame time to go from me ſeparately, the one to the one Counſel, and the other to the other; and without mentioning one word of the Caſe, deliver to each Counſel the Caſe in the Paper, and not to meet one another untill they did come again to me, I would then (if Counſel ſhould adviſe that I had no remedy, as they had ſaid) referr it to them; but in the ſtead of ſo doing, they did not meet me together, or could I ever after ſee them together, ſince the time I made my propoſition of terms for the Reference they had deſired of me to be left unto them: but on the contrary, not finding them in ſome days, I did, to loſe no more time, ſend one with the Caſe that knew nothing of the matter to Mr. Serjeant Levine, who gave his Opinion ſubſcribed to the Caſe; and then Mr. Brome (not knowing Advice had bin taken upon it) ſent to me for a State of the Caſe; ſo I ſent him the Original Draft thereof, which he before had ſeen, and ſaid was ſo truely ſtated, that there was not a word to be added to, or be taken from it: But Brother Noyes not being to be found, I ſent him another Copy, with Copy of the Serjeant Levine his Opinion; ſo the next day Mr. Brome and he meeting together, conſulted which way to make void Serjeant Levine his Opinion; ſo went to Mr. Serjeant Pemberton, and repreſenting to him different things upon the Caſe; in their talk with him, did get him to ſubſcribe an Opinion ſeemingly different, but not contrary, as they fancied: And then they went to Serieant Levine, and told him he was miſtaken in his Opinion; and thence went to Brother Mann's Houſe, and to the Tavern, and drew up their Award according to his mind, which they ſigned and left with him. Next day Mr. Brome came and told me, how they had made an end, and had bin with two Counſel, and a long Story how Serjeant Levine had owned himſelf miſtaken, but ſhewed me nothing that had bin written by any of the Counſel; and Brother Noyes went away that morning out of Town without ſeeing me, from the time they firſt propoſed to have the Reference, and thinks by that means to bind me with the Award, notwithſtanding he acted contrary towhat was propoſed, and, as ſome that are learned in the Law did ſay, was very knaviſh, and is of no force.

A True Copy of the State of the Caſe, with both the Serjeant's Opinions, and the Award ſigned, is as follows.

Now when A. had written the Receipt, and therein expreſſed the Dyet for his life, B. objected and ſaid, He would not have the Dyet expreſſed in Writing for the value of the whole Eſtate, for it would be a diſparagement unto him: Then ſaid A. Why do you go back from your Agreement? I do not care, ſaid B. I will not doe it: Then A. looking upon that as a childiſh and fooliſh Humour, and thinking that Law and Equity would compell him to do ſo reaſonable a thing as to give him Security for his Dyet, apparently bought of him with 352 l. he did, to pleaſe him, put in the Words as he deſired, Provided that he continues in London, Memorandum, that the buſineſs of Dyet is not to be mentioned in the Agreement unleſs Brother B. ſhall ſo pleaſe. Then B. went and prepared Writings and Deeds for A. to ſign and ſeal, and all of a ſudden would fain had prevailed with him at the Tavern, when he had but read them once over without any Advice of Counſel, to accompliſh his ends; but A. told B. that without Advice of Counſel he did not dare to do it; ſo with much of do A. did get leave to take and adviſe about them; and then A. was told they were unreaſonable and unfit for him to ſign; but however A. did get and prepare others, with due Amendments, to ſign and ſeal, but B. rejected them; neither would he ſign any Writing for the ſecuring the Dyet of A. during his life: So though both Parties met to make an end, yet they parted without effecting any thing. So then A. went on in Chancery; and after B. had trifled from the beginning of Novemb. to the middle of May, in the ſtead of an Anſwer, put in a Plea, and therein recited the one part of the Agreement, and left out the other; (which being upon Oath, ſeems marvellous:) Then A. got leave to amend his Bill, and therein ſet forth the whole Agreement; but B. denying it upon his Oath in his Anſwer, A. wrote him ſundry Letters to make an end, according to his Swearing; and particularly the 24th of Decemb. laſt ſent him an open Letter by a friend; who, after he had taken a Copy of it, delivered it to him, requiring his Anſwer; but he would give none in Writing, but ſaid, His Money was in the Bank, and he was buſie for all that Week; and when Mr. Brome came to Town, he would talk and do no body knows what.

Now the great Queſtion is, Whether ever the Receipt was in itſelf a good Bargain in Law? and if it were, Whether it be not now void both in Law and Equity? and how far in Law and Equity A. ſtands obliged to B. and B. ſtands obliged to A. or whether A. muſt loſe his Money and his Dyet without any Conſideration, as B. would have it?

The Eſtate in the Lands and Houſes remains in A. notwithſtanding the Acquittance, which yet imports an Agreement in Writing for the whole Matter to be made good in Chancery; but A. may, notwithſtanding that, bring an Ejectment and recover the Houſes and Land, as Heir to his Siſter, and thereby put B. to be Plaintiff in Equity, and have the Agreement performed, or A. may go on in Equity if he thinks fit, and have the Agreement performed; and which ſoever of them is Plaintiff, in Equity the Court will, before B. ſhall have the Land, compell him to pay the 200 l. and alſo the 510 l. and ſecure the Dyet, or elſe will let A. keep the Houſes and Land, and leave him to Sue B. and the Truſtees of the 250 l. per Ann. for the 200 l. Legacy.

Mr. Brome tells me that you have offered for the Payment of 450 l. for the Houſes, Stable and Land I am Heir unto, within 12 Month's time after we have concluded the former Bargain, as you have ſworn it to be; That you will make them all good to me, with the Arrears of Rent that are and ſhall be then due: Your Propoſition I do accept of, and do expect your Performance, that ſo I may ſee whether there be any ſtability in you. Idem B. A.

Another miſchief, cauſed by the ſcandal and infamy caſt upon my Reputation, I do think is not amiſs here to mention, becauſe it is fallen upon others as well as myſelf: which is as followeth. His Majeſty having in the Year 1690, thought fit to ſend mine Uncle Sclater to reſide as Governour of New-York, it pleaſed God in leſs than four Months after his Arrival there, to take him off by ſudden Death; and though the Government there received him with great ſatisfaction, and had made him the uſual Preſents, yet he did not get near the Expence of his Equipment out; and after his Death the Government endeavoured to take the moſt part of it again from his Widow, as ſhe mine Aunt wrote me; and deſired me to apply my ſelf in her behalf to the King and Council: which being to be done by Counſel, who are not to be imployed without Money, and I being greatly in disburſe for mine Uncle before he went; on the account of which he gave me a Statute-Staple for Two thouſand pounds (without defeazance) upon his Lands, only deſiring me not to execute it unleſs he died; for he deſigned to pay me that and more Moneys by Effects from New-York, if it had pleaſed God he ſhould have lived but one year longer; and though it be ſo many years ſince, yet I have not offered to put it in execution; partly by reaſon of mine Aunt's Joynture upon the Land, and partly by reaſon of the exceſſive Charges of the Law, which hitherto I have always found amount unto more than the Summ ſued for. So not having yet gotten one penny of the ſaid Moneys, ſo long ſince due, I did not think it in any wiſe a reaſonable thing to disburſe more: And knowing that her Brother had ſome Hundreds of pounds due to her, lying in his hands, I went to him, and ſhewing her Letter and Papers ſent unto me, I did fully acquaint him with the Caſe; and after I had for many days importuned him in her behalf, he told me he would not concern himſelf; and therefore deſired me never to ſpeak to him one word more about it: Thereupon I wrote to her, and acquainted her with what had paſs'd, and gave her the neceſſary and beſt Advice I could find: But ſhe not ſending a Letter of Attorney, did only write a Letter to her Brother to ſupply me with whatſoever Moneys her Occaſions ſhould require; which coming in her Pacquet to me ſealed up, I delay'd not to deliver it to him as ſoon as I could find him; which I do believe was within leſs than two hours after I received it. As ſoon as I had given it into his hand, he opened and read it; and then I ſhowed him my Letter ſhe had wrote me, (though he did not think fit to ſhew me hers wrote to him▪) then I asked him for Moneys, and urged what he had plainly ſeen ſhe had wrote to me; but he anſwered me, That he was juſt going into the Country, (as I believe he was, becauſe his Chariot was waiting at his door for him,) and he would be in Town again within a fortnight; and if I would pleaſe to lay out a Guiney or two, he would repay me: At which I was ſo netled, that I could not but tell him what he ſaid was all ſtuff, for there were then ſome Ships that were juſt upon departure, and in few days would be gone for New-York, and the loſs of a day was more than a month at another time; and deſired him to make the Caſe his own, and 'twould be well if 100 Guineys would doe: But however, if he would pay me but 100 Pounds, I would doe the beſt I could for her; and in caſe 50 would doe the buſineſs, I would inveſt or lay out the other 50, ſo as to put 100 l. into her Pocket there; but all ſignified nothing; for he immediately went his way into the Country, and came no more to Town till January following; the Auguſt he went away into the Country with her Letter I then deliver'd to him. So hearing nothing of him, I did write him ſundry Letters, but had not one word of Anſwer from him; ſo at Chriſtmas I went down, and ſtayed at his Houſe about fifteen days, hoping he would conſider and doe ſomething for Shame, if not for Juſtice or Good-nature: So when ten of the fifteen days were paſt, I gave him a Memorial, deſiring him to conſider of it, finding him altogether unwilling to talk in any meaſure about her; and though I thought 'twould had forc'd him to ſpeak or doe ſomething, yet could not have ſo much as one word from him in the other five days, though in that time I did offer many occaſions, untill I was in his Coach coming for London; and putting the matter home unto him, he did then tell me that the Letter was neither with her Name nor her own Hand-writing: So asking him why he did not ſhew it me, or ſay ſo ſooner, I went my way; and ſince that being very angry with me, hath reported very falſe things of me: but however, the Searcher of hearts knows all things. And I do believe his Hope is, That the Government of New York will break her heart; and then ſhe being his Siſter, and Childleſs, he knows he is her Heir at Law. So it ſeems not only natural Affection, but all honour and honeſty is gone and baniſh'd from among ſome ſorts of people, that forget to be either charitable or juſt, but indulge themſelves in Covetouſneſs, becauſe they know that all Complaints at Law, and their Iſſues, are not only doubtfull, but alſo chargeable and troubleſome above meaſure. For according to mine own little experience and obſervation among the Lawyers, I find that now the Attorneys are grown ſo very exceeding expert in turning, twiſting, and managing the Law, that 'tis an approved Opinion among the Lawyers, that the beſt way to make a good and able Lawyer, is to breed a young Man, by binding him Apprentice to an Attorney firſt, for 'tis not ſtudying the Law and the Statutes ſo much as the Tricks and Practice of Courts, according to the Rules of the Courts of Juſtice, that makes a good Lawyer. Now what thoſe Rules and Practices of Courts are, is the great Myſtery, and would be worth the while for a Parliament to conſider: For if they doe any thing, and you ask by what Law 'tis done, they'l tell you they know not by what Law 'tis done, but 'tis the Practice of the Court. So I perceive 'tis no matter for Law, becauſe Book-Caſes and Reports are among them much more ſtudied than the Statutes. Now why ſhould not a Judge declare in all Caſes, upon what Statute he delivers his Opinion, and paſſes his Judgment, as well as a Divine muſt prove by a Text in the Holy Scripture the Ground of his Doctrine when he Preaches? But what I chiefly obſerve, is,

Firſt, In their Pleadings they'l not be wanting, not only to ridicule and banter, but alſo to aſſert falſities, calumnies and reproaches; which doubtleſs ought not to be allowed before a Judge, where the Truth only ought to appear.

2dly, When they have a deſign to favour a Cauſe on the one ſide, and to baffle it on the other, they'l tell you, This is not to the point, nor That is not to the point; although the Caſe, in all its circumſtances, cannot be rightly underſtood without, and the omiſſion of thoſe Points, which they'l call needleſs, quite alters the Cauſe; and Truth being hid, Juſtice cannot be done.

3dly, I find that matters of Accounts are meer Paradoxes to them; yet they'l pretend to underſtand them beyond any body, and perſwade a Man he is miſtaken; and if he doth not come over to what by their miſtaken apprehenſion they doe think, they'l tell him he'l loſe his Cauſe, and by that means confound his Cauſe. As for example: If you talk with a Lawyer of ſo much per Cent. be it 2, 10, 20, or 50 per Cent. which are but certain Quantities upon an Hundred of Goods or Moneys of a Forreign Coin; as Dollars, &c. yet if you doe not allow him to put the word Pounds to the 2, 10, 20, or 50 per Cent. he can by no means underſtand what you mean; though at the ſame time he puts the word Pounds, 'tis meer nonſence, and abominably impertinent: But however, you muſt let him alone. And with this ſort of Underſtanding he takes upon him to Plead a Cauſe betwixt Merchant and Merchant; whereas if Merchants were left to themſelves, and had a Power to be Judges in their own Matters among themſelves, there would be more Juſtice, and leſs Wrong done by the impertinency of the devouring, inſatiable Lawyers.

4thly, Let a man's Cauſe be right or wrong, they'l not be wanting, for the benefit of a Fee, to tell him he is in the right, and he muſt carry it without all doubt, and the Cauſe cannot go againſt him. And if a cunning Knave, in private Contract, by fair Promiſes, have over-reach'd, and by his non-performance cheats you, and there being no Witneſs, you preferr a Bill in Equity againſt him, to diſcover and make him confeſs the Truth, Why then you ſhall have no Remedy: For his Counſel ſhall direct him to Plead and Demurr to what he cannot anſwer, without Confeſſion. And I have heard a Lord-Keeper on the Bench (in a Cauſe I had before him in K. Charles the Second's time) declare, Mine Adverſary that cheated me, ought not to be compell'd to anſwer my Bill, becauſe 'twas cuſtomary for Shopkeepers in Cheapſide to tell Lyes; and (if you go from one End to the other to buy a pair of Stockins) they would tell you they loſt, though they got never ſo much by them: So, it ſeems, Wickedneſs is defended by Wickedneſs, and there is no Remedy.

5thly, Their great Maſter piece, and what the moſt ingenious, as they account themſelves, doe profeſs, is to cut a man's Throat with a Feather.

6thly, The great care of a Counſel and an Attorney is to manage a Cauſe with that method, as may draw the moſt Money from their Client, and that they call doing for the good of the Law.

7thly, They are very forward to multiply Motions, and for every Motion the Attorney or Sollicitor muſt be paid for new Briefs, though the old ones doe ſerve; and every Counſel you have had to doe with muſt be Fee'd for the Motion, and muſt have his Brief of the whole Cauſe, though perhaps two or three Lines for one Counſel be enough, and there is no occaſion for the reſt to ſpeak one word.

8thly, They muſt all be Fee'd alſo, and have new Briefs for the Defence againſt every Motion made by the Adverſary, upon due notice given to the Client.

9thly, The Attorney commonly directs the Client what he muſt give to Counſel, and commonly once in three Months he gives his Client a Bill, amounting to as much Money as has bin given in that time to Counſel; and if the Client offer to abate him Three-half-pence of his Bill, he'l take it amiſs and in great dudgen, although the Client perhaps hath ſpent upon him and the Counſel many a Pound at the Tavern.

10thly, If your Counſel have undertaken (by the force of Money from your Adverſary) to betray you, and favour his Cauſe, he ſhall, under pretence of zeal for your Cauſe, bawl moſt filthily, and calling your own Witneſſes to give their Teſtimony, he'l either bawl and make ſuch a noiſe as to affright them, or elſe confound them with cramp Queſtions: And when all is done, you muſt believe he hath laboured moſt vehemently, and taken an abundance of pains for you.

11thly, The Sollicitor or Counſel can neither of them tell you how long 'twill be before the Cauſe be ended, or how many Years 'tis like to continue, eſpecially in Chancery, for I did never yet hear of a Cauſe begun and ended there in ſo little as one Year's time; and moſt Cauſes are held out according to the length of the Clients Purſes.

12thly, For the benefit of a Fee, there is hardly any Caſe but they'l pretend, if you deſire to be ſecured legally by a Writing under a Counſel's hand as Law, they'l not diſappoint or diſpleaſe you by telling you according to Law it cannot be, though to be ſafe according to Law only, it is you do come to deſire Advice and a legal Inſtrument to be drawn, whether it be a Defeazance or Conveyance, &c. yet right or wrong he'l pretend to draw it out legal, and firm, and ſafe; and afterwards, if it prove inſignificant or ſcandalous in the Law, he, to excuſe himſelf, ſhall call the Client Rogue and Knave, &c. for asking of him his ſaid Advice, and taking the Writing of him; which he parted not with, unleſs he had received the Payment of perhaps more than his▪full Fees twice told at leaſt.

Suppoſe a Man be wronged and cheated of ever ſo much; as ſuppoſe it be to the value of a Million, which to me ſeems a very conſiderable Summ, and he himſelf could make it appear undeniably by good and ſufficient proof, if had the liberty to ſpeak himſelf, (for 'tis impoſſible any Man can know the truth of his Caſe better than himſelf;) yet if he have not Ten ſhillings to give a Lawyer to ſpeak for him, he muſt loſe all, and be without remedy; and if he cannot borrow, beg or ſteal ſo much, he muſt go to Priſon, and there rot and be quite undone; for the Lawyers never truſt a Client. So 'tis plain, that without Money no Juſtice muſt be had; and whether it be according to the Law of the Land, I know not; but I dare be ſo confident as to ſay, 'tis not according to the Law of God, who hath given every Man a Tongue to ſpeak for himſelf.

Alſo I have found a ſort of a Lawyer of 20 or 30 Years ſtudy and reading the Law, that is neither Counſel nor Attorney, but pretending to great Knowledge in the Law, and great Commiſeration and Pitty towards me, to ſee me ſo much harraſſed and abuſed, would alſo pretend friendly and faithfully to adviſe and help me, and accordingly did adviſe me by no means to be ſerved with a Decretal Order; and meeting with one of mine Adverſary's Counſel, threatning to take out a Statute of Bankrupt againſt me if I would not be ſerved with the Decretal Order, he bids him kiſs—at which he pretending to be enraged, effectually does the thing. And afterwards finding that by Law I was Heir to what Brother Mann hath and doth keep from me, bids me not trouble my ſelf, he would undertake to get for me my Right, without my disburſing one penny of Money till 'twas fully recover'd: For which kind proffer, as I did accept of, ſo I gave him my many and moſt hearty Thanks; and accordingly he undertakes it, and in the ſtead of taking the right and ſhort way, by ſerving the Tenants with Ejectments, as I deſired, and he promiſed me to doe, he, it ſeems, thought fit to imploy the great Mr. E. of Briſtow, as he called him; who being the richeſt Attorney in Briſtow, muſt needs be both the moſt extreamly honeſt and able; ſo upon his diſcourſing with him, they did reſolve and contrive betwixt them how to make a beneficial Suit of it. So concluding together to File a Bill in Chancery to get the Writings, they accordingly preferr a Bill; and after a few days were paſt, my learned Lawyer comes and tells me what was done, and how that without the Writings 'twas▪ impoſſible to ſerve Ejectments; ſo I acquieſc'd with whatſoever his great Friendſhip and Learning did ſuggeſt; ▪and about three Months after tells me, that the great Mr. E. had done the buſineſs, and I need not trouble my ſelf, he would take care, though they had neither gotten an Anſwer to the Bill, nor the Writings for the Eſtate: So waiting ſome months longer, and no Anſwer appearing, I went to the Clerk in Chancery that they had imployed to know the reaſon of the delay, and told him I would be baffled no longer; ſo with much adoe Brother Mann did put in a Plea, ſetting forth that part of my Bargain as was for his turn, but left the other part out; which being upon Oath, ſeems to me a very ſtrange liberty for him to take. But Lawyers, for Money, can enable Clients to doe their pleaſure: Thereupon I did get leave to amend the Bill, and with much adoe did get his Anſwer, denying the matter of fact. So thinking that an Oath ought to deſide all Controverſie betwixt Man and Man, I, to avoid farther trouble and charge, offered to make an end with him according as he had ſworn, but he refuſed. Now my learned and friendly Lawyer being ſomewhat diſgruntled at theſe my Proceedings, appoints the great Attorney E. to ſend his Bill of Charges to be paid by me, which amounted in Money to 4l. 10s. 6d. So after I had received it, I went to him, and asked him what he had done? Why truly he had not ſerved Ejectments, and untill his Bill was paid he would doe nothing; ſo I told him, If he would ſerve Ejectments, and get me into Poſſeſſion, I would pay his Bill, but I was very unwilling to pay Money for nothing; and as I had never ſeen him before, and had never imployed him, ſo I had nothing to doe with him; and doubtleſs he that had imployed him, muſt pay him; and there was no reaſon for me to pay Money twice for one thing; for I was accountable to my friend, who knew beſt how to reckon with him. So he told me, if I would not pay him, he would make me pay him: (Behold an Attorney▪) that contrary to all Right, Reaſon, and Senſe, can by his management of Law make a Man pay his demands that never imployed him, although he had not effected any thing for him. In March laſt I went down to Briſtow my ſelf to get Ejectments ſerved, ſo went to the great E. his Houſe to deſire him to doe it, and then I would pay his Bill; but being very ſtately and full of buſineſs, as he pretended, delayed me for about a week, and did nothing, and told me he would doe nothing, unleſs I would give under mine Hand and Seal to pay him what Moneys he pleaſed; and afterwards ſent me his Billby one of his Men, ▪amounting to 4l. 10s. 6d. as follows: Viz.

  Mich. 1695. l. s. d Albyn adv. Mann. 2 Subpoena's ſerving & partage.— 0 11 0   Affidavit Jur' & partage of ſerving Mr Doleman— 0 04 6   Ingr Bill & Duty— 0 11 0   File & Rule— 0 04 0   Soll.— 0 06 8   Hill. 1695.         Six Clerks Fee— 0 03 4   Affidav. of ſerving Mann—2 s. 6 d. 0 09 6   Fil. & Cop' both Affidavits 7 s.—         Atc' adv. Mann▪ — 0 03 10   Cop' Reſp' Dollman 11— 0 08 4   Rule adv. Mann to Anſwer & Duty— 0 01 2   Soll.— 0 06 8   Eaſter-Term—99.         Six Clerks Fee— 0 03 4   Cop' Plaint & Reſp' fo. 14.— 0 10 6   Soll.— 0 06 8     4 10 6

J. F. for Mr. T. E.

And then I enquired for another Attorney; ſo being directed to one Mr. Richard Knight a Quaker, much commended for his Honeſty; I went to him, and asked if he would ſerve Ejectments? he told me yes: Then taking the Names of the Perſons and Places, he ordered his Clerk immediately to draw out Copies to be ſerved in and about the City of Briſtow; but what was in the Country ſome Miles off, he deſired time for, as he found moſt convenient. So leaving him, I went my way; but bethinking my ſelf, and not knowing what the Charge might be, I went back immediately to ask how much 'twould amount unto? but when I came back, Mr. Knight was gone out; but meeting with his Clerk, who told me he had ſerved his Maſter about four years, and in that time had ſerved many hundred Ejectments: I asked him how much the Charge would be? becauſe I told him if 'twere much, it muſt be paid in London, for I had brought but little Money more than to bear my Charges out and home; ſo he told me the Charges would not be much, Ten ſhillings would be the uttermoſt penny: Then ſaid I, If that be all, I ſhall pay you that. So at night he brought me Copy of the Ejectments, with his Affidavit of Service annexed and affixed to it: ſo, without making words, I paid him Ten ſhillings for his Maſter, and gave him a ſhilling more for himſelf. As ſoon as he had received his Money, he ſhews me a Note, which he ſaid his Maſter had drawn out, amounting to 19s. 2d. Then ſaid I, How comes this! did not you tell me Ten ſhillings would be the utmoſt penny for all Charges? Yes, ſaid he, but I was miſtaken, my Maſter hath made another Account, and I muſt have the reſt of the Money. Then ſaid I, Let me ſpeak with your Maſter; where is he, and Ile go to him, and know the reaſon why your Agreement with me ſhould not ſtand good? and if there be any miſtake, I do not deſire to take any advantage of it: But he told me his Maſter was gone out of Town, and he knew not when he would come again, and he was accountable to his Maſter for ſo much Money: Then I ſaid, I ſhall part with no more Money till I ſpeak with your Maſter; I have paid you to the full of mine Agreement, and have given you a Shilling over; I have nothing more to doe with you, my buſineſs is with your Maſter; and untill I ſpeak with him, I doe not know but the Note may be a trick of yours: but however I will ſtay, although it be theſe five days, to ſpeak with your Maſter. So he went his way, and next morning came to me again, and told me, If I would not pay the reſt of the Bill, he would enter an Action againſt me: I told him, I ſhould pay no more Money till I had ſeen his Maſter. So as he ſaid, he went and entred an Action againſt me for 39s. though his demand was but for 8s. and bringing an Officer with him, takes me out of my Lodging at Gilders-Inn, where I lay; and I being but a meer Stranger in Briſtow, made my Caſe known to an ancient Citizen and Shop-keeper in Broadſtreet; who never having heard of the like trick, immediately offer'd himſelf to be my Bail, and went with me to the Toleſey, and meeting one of his acquaintance, deſired him to joyn with him, becauſe the Law requires two for Bail; but when came to the Toleſey, the Officers there refuſed to take Bail: So then the Officer carried me to another place, where I was told, If I would not pay down all the Money, and the Charges of the Action, and the Officers Fees, I muſt be put in Priſon without any farther delay; and though I did deſire to be carried before the Mayor, they denied me, ſaying, He had nothing to doe with it. So I paid down the uttermoſt penny they thought fit to demand, and took the Clerk's Receipt: A True Copy of which, is as followeth:

For Drawing the Ejectments and Advice 3 s. 4 d. For Writing four Copies 10 s. For Service 3 s. 4 d. For Drawing the Affidavit, King's Stamp and Swearing 2 s▪ 6 d. For Action 1s. For Arreſt 2s. 6d. make 22 s. 8d. 24th of March 1696. Received the Contents of the above for the Ʋſe of my Maſter Richard Knight, per me Joſ. Tapley.

Then being let go, I walked to the Toleſey, where I was informed the Young man's Maſter, Richard Knight, had bin ſeen juſt before; ſo went to his Houſe, where finding him in his Office, I told him what Uſage I had received from his Young-man; but all that I could have from him was, That truely he was very ſorry for the Action, and it was done without his Knowledge; and if I would, he would beat his Clerk for it if that would doe me any good, and he could doe no more, for he ſaid his Clerk had no Money, and was not worth one farthing. Afterwards I went to Mr. Mayor of Briſtow, and acquainted him with what had paſs'd; but he told me 'twas not in his Power to help me; and if he ſhould go about to endeavour it, he feared he ſhould but only expoſe both himſelf and me, and did therefore think it beſt to let it alone; and withall did tell me, with great lamentation, of the great abuſes and ill practices of the Attorneys in and about that City: But in Matters that came before him he would not ſuffer any of them to ſpeak ſo much as one word, though they were generally ſo very forward, that he had much to doe, and 'twas with a great deal of trouble he made them to forbear: For, ſaid he, I have always found that they make a good Cauſe bad, and it is my buſineſs to doe Right and Juſtice to every Man that comes before me. Now if an High-way-Man had taken ſo much from me, I think 'twould had bin much more tollerable and fair, becauſe I might then have had the liberty of fighting and defending my ſelf: But it ſeems the Attorneys (that have an eſpecial Protection in the Law from being called Knaves) can make the Law to ſerve them to all intents and purpoſes, whether it be down right Robbery or Cheating by extravagant Bills, charging 10 or 20 times more than what is lawfully and juſtly due; or by Arreſting Men for Debt before ever it be demanded of them; and taking out Execution firſt on the Principal; and when ſatisfied there, then on his Bail, and in two or three Years time can run up a Debt from 45l. 4s. 6d. and make it amount to 200l. Doubtleſſ theſe Men are choice, and ought to be nouriſhed and cheriſhed as Procurers of the Nation's happineſs, for they are in themſelves moſt abſolute, having the Law at their command, each Man is Judge, Jury, and Executioner, and all within his own Will and Pleaſure. I thank God I have travell'd ſome part of the World, and in it a good part of Turky and Chriſtendom, but I never met with or heard of the like uſage and practices uſed here in England. I do not remember to have ſeen or heard that the Locuſt or Catterpillers, or any ſort of Vermin, have ſo very much increaſed in the time, as that ſort of Men called Attorneys have increaſed, within theſe few years about Briſtow. I remember an ancient Inhabitant of that place told me in March laſt, that of his certain knowledge, about 30 years ſince, there were belonging to Briſtow no more than ſix Attorneys, and the one half of them died in Goal for want of Buſineſs, and the others could hardly live by their Imployment; and now there are not leſs than Six▪ſcore; nay, he believed they were more numerous than the Porters about that City, and every one of them lives like a Gentleman of a great or plentifull Eſtate: And now one of them, that was but a poor Clerk about 26 years ſince, keeps in his Stable 10 or 12 Horſes conſtantly; and when he comes up to London, he commonly hath 6 or 8 Horſemen to attend him. Now how comes this great Myſtery to paſs, if it be true as have bin told, that an Attorney cannot honeſtly get by his Practice above 40 pounds per Ann. I think it may well be ſuppoſed, and there is no great doubt but they have the Art of ſinking, devouring, and ſwallowing Eſtates, as is too too apparent by multitudes of ruined Families. Now if a Man of any other profeſſion charges in his Account more than what is due, he is accounted and called Knave; and if a Coach-man, Carr-man or Water-man, demand more than his Fare, for which there are ſett Rates, the Magiſtrate can and will puniſh him or them for ſuch Extortion, and make them be content with their juſt Dues. Or if an High-way-Man or Pick-pocket ſhall take from a Man the value of Five ſhillings, or leſs, he muſt by the Laws of the Land be hanged for Theft. But Lawyers and Attorneys do not only bereave Men of their Eſtates and Reputations, whilſt they live, but even their Poſterities muſt grieve and groan under their moſt monſtrous evil Practices: And although our Laws are undoubtedly the very beſt and wholſomeſt of any, yet theſe Men by their evil practices doe render them the moſt grievous and the moſt burthenſome in the whole World; and I doe believe the whole World doth not afford the like Hell upon Earth for Men to be devoured by Fraud and Deceit, under the colour and pretence of Law and Juſtice. I have bin told, that at Doctors-Commons there is now depending a Suit for the Value of Eighteen pence, no more, which cannot be yet ended, although the Parties concern'd have ſpent at leaſt Three hundred pounds on either ſide. I cannot conceive how 'tis poſſible for a Poor Man, or a Man of a mean Eſtate, to get his Right by Law of a Man that is vaſtly Rich, who with his Money ſtrikes a Cauſe through and through, i. e. on both ſides: For though the Man of mean Eſtate may make ſhift to provide and give the due Fees according to Law; yet if the Rich Man ſhall not only Fee his own Counſel much higher, and by cunning ways doe the like to the mean Man's Counſel, (which is no new practice,) muſt not the mean Man needs loſe his Cauſe and his Right in it without remedy? For I have heard of a Story of one that very lately was the ancienteſt and ableſt Lawyer and Counſel in England, that in his time receiv'd a Preſent of Pippins with ſome Broad Pieces of Gold ſtuck in, into every Pippin one; but how many Hundred of them there was, I have forgotten: But however, the adverſe Party receiving intelligence thereof, reſolved to out doe him; and accordingly ſent him a Preſent of a Pig, ſtufft in the Belly with Guineys of a greater Value; ſo he took care to manage the Cauſe accordingly; and afterwards, without making any manner of reſtitution, or ſatisfaction, or ſhame, made a jeſt of it; and laughing at his own Client, ſaid, The Pig had eaten up the Pippins. Now if every Man had the liberty to ſpeak for himſelf, in his own Cauſe, the Truth would more naturally be found out by an underſtanding Judge, and ſuch corrupt Doings would be unpracticable; I doe believe 'twould be very good husbandry, and a good way for adminiſtring Juſtice impartially. If the Nation would give the King a Million, or two Millions every year for Juſtice to be adminiſtred without Fees, and none but the Sons of the Nobility and Gentry of good Eſtates ſhould be permitted to practice the Law, (though I doe not ſay but all Men ought to ſtudy to know the Law;) and when made Judges, to have ſuch liberal Salleries, as to be above Bribery; and if found to be tardy, to have ſuch ſevere and ignominious Puniſhment, as may make them ſo abominable to Mankind, as to account it a favour to die, rather than to live. At preſent, any poor Man, that can but ſcrape together as much as will bind his Son Apprentice to an Attorney, is very ambitious to effect it: So his Son, being placed with an Attorney, knowing his low Extraction, becomes very diligent and expert, and moſt ſharp in the ways of his Maſter; and getting a Reputation, becomes (when his Time is out) ambitious above meaſure, and cares not what he doth, ſo he can be but Great. As for Example: Many paſſages were very obſervable in one lately in joynt Commiſtion for the Cuſtody of the Great Seal, who came up to London a poor Boy in a Leathern Doublet and Breeches, who thought himſelf highly preferred when he could earn Eight-pence in a Day by writing Hackney at a Penny per Sheet; though there were other two in Commiſſion, yet he would talk ten times more than both the other two that had bin better born and bread. As for mine own part, I have ſo much and ſo long ſuffered by their evil practices, and thereby am made ſo very ſenſible of the intollerable pain and trouble thereof, that if it ſhall ſo pleaſe the King and Parliament, I doe hereby offer my ſelf ſolemnly to covenant with them, That in caſe the Nation may be redreſſed and fully freed from their uſurped Power, moſt impudent and diabolical Practices, I ſay I will freely lay down my Neck for mine Head to be ſever'd from my Shoulders, if nothing elſe will enduce them to retrieve this Land. However, I think it not amiſs to put them in mind, that though the Lawyers may by their Arrogance and Innuendo's call themſelves the Government, and conſequently I ought to die for making ſuch complaints of them, for they are not to be ſilenced, as I doe remember Mr. Brunskell told me, that one of them being a Judge, ſitting in Council, told King Charles the Second, when by undeniable argument he had put them to a nonplus before him. May it pleaſe your Majeſty, ſaid he, We are your Majeſty's Judges of the Law, and therefore deſire not to be put to give an Anſwer to him, being but a private Man: Which is a fine way of arguing; and I doe believe, there is but as little Mercy in a Lawyer as in an Executioner, if not leſs; becauſe for the ſake of a Fee he thinks himſelf obliged to doe all the wrong he can to his Client's Adverſary, and I doubt not but the Lawyers by their Innuendo's will be as violent againſt me, as the Epheſians were againſt thoſe that ſpake againſt their Diana: But let them remember and know, that their Rage can run no farther than God in his wiſe Providence will permit, whoſe Juſtice will undoubtedly over-take them, and their Atheiſm cannot ſave them. As yet they keep the People in ſuch Awe from complaining againſt them, that they tell them 'twill be Dooms-day in the Afternoon to complain of a Lawyer. Now though I am not a Great Man, and hope never ſhall be (my Prayers being for neither Poverty nor Riches, but only for Food convenient for me,) yet mine heart wiſhes GREATLY for my Country's welfare both in this World and that which is to come, when this muſt have an end. I doe believe 'twould be no miſ-ſpent time for the Nobility and Gentry of the Land, to whom the Goverment is by the King intruſted, to conſider how that every one of them in particular is but a Man, and but a Man that is mortal; and how that after every Man's particular Death comes his particular Judgment; and that how great ſoever his Place, Profeſſion or Poſſeſſion be in this World, when the breath is out of his body, all theſe things cannot ſignifie this—to him, and nothing but his juſt Actions can avail him any thing, and that even the pomps and vanities ſo much deſir'd and ſought after in this World, are but troubleſome, and doe periſh and paſs away with the little time they ſeem only to enjoy them; and the time of the longeſt liver will not amount to one minute of Eternity, whither all muſt go and are going, without any ſtopping, not ſo much as 1 th / 1000 part of one minute. As for mine own part, I covet nothing more than with an accompitency of food and raiment, honeſtly to paſs in peace and quietneſs off this ſtage, though ſuch is my miſery, the more I ſeek, the leſs I find them; and therefore I muſt ſeek one thing more, and that is PATIENCE, which I pray God to grant me, and then nothing can hurt me; for indeed 'tis the want of that, together with the unruly paſſions of my frail, corrupt human Nature that make my Grievances (though unparallell'd) to be Grievances intollerable to me: And therefore as God hath commanded us to preſerve every man his own life, and the life of his Neighbour; I have made this mine Appeal, that ſo by longer continuance in ſilence, I may not be a Murtherer. And now God's Will be done; I pray God direct both King and Parliament to redreſs this Land from Bribery, Injuſtice and Extortion, ſo exceſſively practiced and adminiſtred by the means of the Lawyers and Attorneys, who are grown ſo very ſupernumerous in the Houſe of Commons, that the doors are kept ſhut againſt all Appeals that complain of their evil practices, the grand Cauſe almoſt of all weighty Grievances whatſoever: For if by Law a Man may not be righted, what muſt he doe? And if by Law he were righted, or could be righted, what occaſion could there be of complaint? I do think, and humbly ſuppoſe it may be very well worth the while for the King and Parliament to take into their Conſideration that Attorney's Oath (though I never have ſeen it I muſt confeſs) which Mr. P. Brunskell told me of, and every Attorney is obliged to take before he can practice; and is, it ſeems, of that force, if obſerved, that it ties them up from all thoſe outragious practices now in uſe among them; and if every one of them were Fined for Breach thereof, at a certain rate for every year's practice, every one according to his time, I doe believe 'twould raiſe the King a brave Revenue, perhaps ſome millions of Money for the time paſt; and for the future to inflict ſuch puniſhment as the Law directs in the Caſe of Perjury, would be a matter of no bad conſequence: For I doe remember Mr. P. Brunſkell told me, that he ſerved an Apprentiſhip with one Mr. Coates an Attorney, and in that time taking notice of the Attorney's Oath, did reſolve, if poſſible, to avoid taking it; and when out of his time, went into the Country and practiced there in his Maſter's Name, for ſome years, without taking the Oath; where, falling into much practice, was envied by other Attorneys that complained of him for ſo doing; and being ſent for up to London by the Lord Chief Juſtice Hales, he did urge and require him to take it ſundry times, but he begged to be excuſed, ſaying, If he took it, he would keep it. But at length the Judge being unwilling to excuſe him any longer, made him take it, and then at night he went to the Judge and ſhewed him the contents of the Oath and wherein it was generally broken; which when the Judge did ſee, and was made ſenſible of, he became ſo much troubled in his conſcience, that he appointed him to come to him early next morning; ſo he went, and the Judges Coach being ready when he came, he took him along with him in his Coach to White-hall, where King Charles the Second was; and being there before his Levy, waited for his riſing; when, while he was waiting, the King being told that Judge Hales was waiting without, the King came out to him; and as ſoon as he did ſee the King, he fell down upon his Knees, and begg'd his Majeſty's Pardon for the many great Offences he had bin guilty of; but the King wondring at him, told him, he knew no offence, and asked him what he meant; then telling him, there was his Accuſer, pointed unto Mr. Brunskell, then hardly 22 years old, gave his Majeſty fully to underſtand the matter; and thereupon the King wondering at the forwardneſs of the Young man, asked him many Queſtions, and appointed him to make ſuch diſcovery and proſecutions of the corrupt practices uſed in the Law, as might tend to the regulation and reformation thereof in Weſtminſter-hall, and all other his Majeſty's Courts of Juſtice whatſoever; and his Majeſty having then promiſed to ſtand by him, he did induſtriouſly uſe his Endeavours accordingly, and, as he hath told me, ſpent near 10000 l. if not 20000 l. in the attempt and proceedings therein, and is now indebted many thouſands pounds more than he is able to pay, even to the utter ruine of himſelf and Family. And though whilſt the King, according to his promiſe, ſtood by him, he made a great progreſs therein; yet when the King did leave him, and a contribution of 100000 Guineys was raiſed amongſt the Lawyers, and applied skilfully by them that underſtood Bribery, and the right way of managing thereof, did put a full ſtop to his proceedings; and being thereby utterly ruined, dares ſcarcely ſtir abroad for fear of being Arreſted now; and how in King Charles the Second's time all the twelve Judges did ſit together three times to conſider how to take away his Life by Law; and finding they could not doe it by Law, ſome body was imployed to aſſaſſinate him, is formerly related, ſo need not here to be repeated again. Many other things he told me, which would be too long and tedious to be here incerted; but believing them to be true, I could not but look upon him as a right honeſt Man, of great integrity, and I could not but have a great kindneſs and reſpect for him; inſomuch that being Arreſted, and put into the Gatehouſe at Weſtminſter for a Debt of 45 l. 4 s. 6 d. and there being like to rot, and never to get thence, as he told me when I came to him; for he ſent earneſtly for me to come unto him; and then telling me what great Promiſes he had from the Court, and how for the want of his Liberty he ſhould loſe his Preferment to a Place of 4 or 500 l. per Annum; and if he were out, he ſhould be able ſoon to pay a much greater Summ than he was impriſoned for. I did, in compaſſion to him, become his joynt Bonds-man to his Creditor for his principal Debt and Charges amounting unto, as the Summ was then made up in the Priſon, I think 80 l. on condition he would give him a year's time to pay it in; for believing what he ſaid, I did not doubt but he would pay it without ſuffering me to be troubled therewith, as he promiſed; but when the time expired, he was as unable to pay as at the firſt; but ſtill in expectation of the performance of ſome great Promiſe at Court. So he having deſired and required of me to pay the Bond, I did deſire him the ſaid Mr. Brunskell to give me a Bond and Judgment, entred up for the ſame, promiſing unto him that I would never trouble or ask him for it, unleſs he ſhould be able to pay: and ſo to give it under mine hand; and I deſired the thing only, becauſe, as I told him, I would not be troubled with a Law-Suit for its recovery, but he refuſed. So, whereas I had provided the Money to ſatisfie the debt, I thought it not reaſonable to part with it for a Man that refuſed to give me that reaſonable ſatisfaction that lay in his power; and to me ſeemed a plain demonſtration, that his intent was never to pay me: And he being an Attorney, well acquainted with the many tricks and wiles of the Law-practice, I knew 'twas a vain thing for me to think of recovering it from him by Law, if ever he ſhould be able; and therefore I did reſolve not to lay down the Money: Whereupon Mr. Dawes his Adverſary's Attorney ſent an Officer, and Arreſted me upon the Bond, before ever he, or any for him, demanded the Money of me, and forcing me to put in Bail, ſued the Bond to an Execution: Thereupon I went to him, and told him I did ſurrender and offer my Perſon as his Priſoner, to be committed when he pleaſed to the Fleet, or any other Priſon; or if he would accept of them, I had brought with me, and would deliver to him. four Bonds for ſeveral Summs of Moneys due to me many years before, whoſe Principal and Intereſt amounted unto much more than the Debt and Charges, which he took and examined by reading them over, and I promiſing him 20 per Cent. for the recovery thereof, when he ſhould have fully paid his Client, and brought me the overplus. He accepted the ſame, and gave me a Receipt for them. A true Copy of which Receipt, is as follows:

So I went my way, thinking to had bin quiet; but, contrary to all Reaſon and Juſtice, being an Attorney that can manage the Law to all his intents and purpoſes, finds out a way, in few days after, to trouble my Bail, and, as I was told by them, takes Execution out againſt them for the ſame Debt that I thought I had in ſome meaſure ſatisfied; and ſince the 10th of June 1696, hath run up the debt, which was then but 85 pounds with charges, now on the 23d of March 1696, unto 160 l. and 40 l. more for Charges, beſides 20 in 30 l. more my Bail have ſpent of my money for their defence; and now the ſaid Dawes pretends to lay a Sequeſtration on ſome Lands and Houſes I have a Right unto, and keeps my Bonds before mentioned from me. Now being, in mine apprehenſion, thus unjuſtly dealt with, and uſed by the Attorneys, I would gladly be informed whether it be reaſonable and according to our Law, for Attorneys to munkeyfie, metamorphize and abuſe Men after ſuch a rate? and if they ſhall be encouraged and ſuffered to go on in theſe their practices, who ſhall live free from the plague of their devices? Another experiment I have had of Lawyers and Gentlemen of the Long Robe and Quill, is, That having fee'd two of them with five Guineys to each for to plead my Cauſe the next day in the morning; which being then called according to appointment and expectation, and the one of them being then in waiting and expectation of a Cauſe to be called at the Exchequer Barr when my Cauſe was called; and although I went and called him my ſelf, yet not being able to come back in time, my Cauſe was put off to another day; ſo, according to their unconſcionable practice and expectation, I was forc'd to give them both their refreſhing Fees; and then upon hearing my Cauſe, it appearing very fair for me, 'twas again put off for the Accommodation of mine Adverſaries, (not being in all points ready) for ſome days longer, ſo was forc'd to Fee them again; and by that time my Cauſe came on again to be heard, mine Adverſary did gain ſuch an intereſt in my Counſel, that the Elder of them laboured induſtriouſly to betray and deliver me up to mine Adverſary, had not the Minutes of his firſt Pleadings bin taken, and then conſidered; and to the Younger of them I gave at the Evening before two Guineys to make up his Fee fifteen Guineys; he told me I was very ſlender in my Fees, and, I think, did not ſpeak one word more for me. I confeſs if I had found, or could at any time find my Moneys in the ſtreets, I might then had afforded to fill his Pocket with Guineys: But in regard it is not ſo, and what Fees I gave them, were none other, but out of ſuch Moneys that as a Merchant by the ſweat of my brows I did difficultly gain with much labour, toil and hazard both of my Perſon and mine Eſtate; and the Law hath appointed a Counſels Fee to be but Ten ſhillings. Is it not great Impudence in a Lawyer to pretend himſelf not duely paid, when, according to the ſett Rate in the Law, he is Fee'd not only with Ten ſhillings, but more than Ten times over ſo much: Nay, I have heard of one, that being offered ſixty Guineys for a Fee, did refuſe and ſay he would not take 90, and under 100 Guineys he would not appear. Is it not a ſtupendious thing, and a burning ſhame? And if duely conſidered, what muſt the end of theſe things be, when a Lawyer, that knows the Law, ſhall, contrary to Law, exact extravigant Fees to falſifie all Cauſes they are not for, but retained againſt? How is it poſſible that Truth and Juſtice ſhould abound, whilſt ſuch vaſt Numbers are permitted and imployed to confound the Rights of the People. I have bin told, that according to the ſtrict Rules of the Law, leſs than Five pounds will pay all Expences for a Law Suit; as for Counſel and Attorneys Fees, for Writings and Briefs, with all other Charges whatſoever of a Law Suit, cannot coſt above Five pounds; and now 'tis not Five hundred or Five thouſand pounds can end ſome Law-Suits; and doubtleſs 'tis not Money that before God can make a Cauſe better or worſe, or that which is right to be wrong, or that which is falſe to be true, or that true which is falſe; and whilſt the People are thus oppreſſed by the Lawyers covetous and undue practices, how is it poſſible for Peace and Happineſs, Truth and Juſtice, Religion and Piety to be eſtabliſhed amongſt us, according to the Prayers of our Church; which muſt not, and, when it conſiders, dares not ſeem to mock God in its Prayers. But that I, with moſt humble ſubmiſſion, leave to the Conſideration of the great Wiſdom of the King and his great Council the Parliament, whoſe buſineſs 'tis; for doubtleſs a Reformation is not only a great Duty, but would be a great Bleſſing to this Nation.

In Turky, in any Caſe, if a Man go to the Muftee, who though is the Head or Chief of their Church, yet he is commonly ſo learned and well read in the Turkiſh Laws, that when he gives his Fetfa; that is, a ſhort Declaration in Writing under his Hand, what is Law in the Caſe you go to him about; 'tis ſo true, firm, and ſure, that the Caddee, or Judge, cannot go againſt it when he gives his Judgment on the Caſe.

And if we had Lawyers that would ſtudy the Laws of this Land, ſo as to be able to doe the like, I doe think they would be highly worthy of great Honour and Eſteem, and great Rewards both from the King and People; for then every Man might, upon good ground, plead his own Cauſe, if he be in the right; or if in the wrong, then might deſiſt, and of himſelf fairly and honeſtly adjuſt and agree with his Adverſary. And this I do humbly conceive would be a very good means to prevent and ſave people from thoſe long, tedious, expenſive and vexatious Law-Suits, that waſte Eſtates, and make Envy and Malice ſo much to abound in this Nation; and, on the contrary, will cauſe Unity, Peace and Concord to be much more eſteemed and practiced amongſt us.