FIrst, it is most evident, that this Island is so fertil, and so productive of all sorts of corn, flesh, and fish, and all other things necessary for the maintenance of it's inhabitants, that it can maintain thousands more, than it is now peo­pled withall: It is also productive of many Mer­chantable, and staple Commodities, about which many thousands might be employed more than are, or more than there are of the ordinary rank of peo­ple in the Nation. These things are so true, that there needs no argument to Confirm them.

Secondly, it is beyond all question, That the strength of the King, and Kingdome, both in peace, and war, consists in the multitude of it's inhabi­tants; and that the riches, and poverty of a Na­tion have their rise and original from the number or paucity of them; and by the same causes a Na­tion is rendred either considerable or inconsiderable amongst it's Neighbours, as to Alliances, &c.

So that it seems to be an affair of the cheifest concernment, to prevent the decrease of the inha­bitants of our Nation, and to propose a certain and undeniable method how such a publique mischief, may be remedied, which I shall endeavour briefly.

None then that understands the constitution of this Nation can deny, but it's polity, fundamental laws, and government, are as just, and conveni­ent, as any in the world, notwithstanding in eve­ry age, there is a necessity of abrogating Old, and establishing New Laws, the reasons, of some ceasing, and new publique inconveniencies happening, which it is necessary to obviate by New Laws.

Now with all those penal Laws made against the most capital crimes, viz. Such as Felony, Burgla­ry, and Murder it self, the King by his Proroga­tive, has a power to dispense, either wholly by acquitting the Offender from punishment, or by Commutation of the greater punishment into a Less; nay the Law it self doth daily admit such a Commutation, by inflicting the burning in the hand (upon the easy terms of reading a verse in the Bible), on these, who according to the ri­gour of it are to lose their lives.

And these criminalls, being thus acquitted ei­ther by the Kings clemency, or the Law, may re­turn to their former employs, or undertake any other lawful calling without any obstacle or impe­diment.

But let it be supposed, that a Malefactor is found guilty of some Capital crime, viz. Murder, Trea­son, [Page 3] &c. which the King will not pardon, nor the Laws admit any Commutation for, but condemn him to the most ignominous death; yet this per­son is in a better, and more desirable condition, than that to which the severity, and cruelty of some inexorable men oftentimes reduce their fel­low-subjects, whose misery, according to some present Laws, it is not in the Kings power to re­lieve, although at such a time, when the King, and Nation stands in greatest need of their help, and assistance.

To manifest this is not difficult, from the fre­quent instances, and examples, of those whom we every day see deprived of Liberty, cast into prisons, where they are forced to live, under all the circum­stances of misery and want, and that irrecovera­bly, for some small and trifling debt, which their poverty, (to which it may be they are reduced by Divine providence) not dishonesty, is the cause of not paying. Now the terrour of these sufferings, more dreadfull to a Generous Spirit, than the severest death, is one of the principal reasons of drawing great numbers of people out of this Realm.

First, if we consider the Sea-men, (than whom there is no rank of men more beneficial, nor necessary for England, being an Island.) The humours and in­clinations of these men are to be liberal, yea, even prodigal in their expences so long as the stock of their Wages last: that being consumed, they venture fur­ther upon their credit, in hopes of a succeeding em­ploy, [Page 4]of which probably failing, longer then they did suppose, and being incapable of paying their impati­ent creditors, from whom they constantly fear the severity of a prison, they betake themselves to some forreign Nation, as France, Holland, &c. who are always ready to entertain such useful persons; where they fix, and never more to venture into England, nor have any desire for their Native Countrey, probably having more strong engagements of wife and children to oblige them to another Nation.

Secondly, The artificers, or handicrafts-men, do oftentimes either by mispending what they acquire by their labour, or by providence, fall into penury and want, and prove engaged in debts, which they have no prospect of paying, and therefore evidently discern that the miseries of a prison must be their portion, out of which, (being once confined to it) they see no possibility of being rescued. Their next resolution therefore, is to leave their Countrey, there being no other way, by which they can evade those dan­gers, and preserve their liberty. And to give them­selves an encouragement to prosecute those re­solves, they consider their art and labour, will procure them, as plentiful a subsistance abroad, as at home.

Thirdly, The next that fall into calamity, various ways, are Farmers, who notwithstanding their care, and indesty, either by the smallness of their crops, the loss of their stocks, or hard bargains, to which their ignorance betrays them, are frequently disen­abled to satisfy their Land-lords, which though some­times [Page 5]they prove charitable, and generous persons, and cosider the undone condition of their distressed Tenants, yet oftentimes may prove men of much inhumanity, and will accept no satisfaction, besides the ruine of their miserable Debtors, which severi­ty puts many Countrey-men, (the want of whom causes such large tracts of ground to lie un-occu­pyed in England) to try their future Fortunes in remote parts.

Fourthtly, the last sort of men I shall instance, are Merchants, and Tradesmen, many of which do suffer greater losse both by Sea and Land, then any other; and this is so incident to their very employs, that few can pretend an exemption. Sometimes their losses are so very great, that they are altoge­ther incapable with their small remainder, to make any proportionable satisfaction. Therefore, nature her self, whose first Law is self-preservation from misery, instructs these men, rather than submit to the cruelty, that some unrealed laws enables un­merciful Creditors to inflict on them, to secure them­selves by flying their Countrey.

From all this it must be evident to any unpre­judiced person, that so many leaving this Nation for fear of being imprisoned during their lives for debts, (which frequently providence and not un­thriftiness has brought upon them;) And the irre­coverable confinement of such multitudes to prisons, is the chief reason of drawing people out of Eng­land. Those who escape are ordinarily followed by their Families. The confinement of those who [Page 6]are imprisoned, deprive the kingdome of them­selves, and proves the utter destruction of their Fa­milies. So that those who upon this account leave the Land, and those who are (as it were) buried alive in prisons, by the most moderate computati­on doth not amount to so few, these twenty years last past, as ten thousand persons, one year with another, which in that duration of time, amount to two hundred thousand, besides that encrease, which might be reasonably expected from such a multitude.

Now for the preventing of this greatest incon­venience and mischief, for the future, these things are most humbly Proposed.

First, That some days may be set apart, every Term at Westminster, and at the Assizes in every County, of which publique notice may before be given, upon which day the Keepers of all Prisons shall be obliged to bring all the Prisoners confin­ed for debt, either to Westminster-Hall, if they are within the Cities of London, or Westminster, or County of Middlesex, or to the respective Assizes, and whatsoever prisoner, will give a true, and just account of all his Estate, both personal and real, upon Oath, and assigne it to his Creditors or other Trustees for their use, and payment of debts as far as it will amount, shall be immediately dis­charged; or if any prisoner, shall upon Oath, in any of those places mentioned, before the Honou­rable Judges, declare himself not to have any thing left to the value of then to be discharged from [Page 7]prison, and from his debts. The like power may also be conferred upon the Justices at the Quarter-Sessions.

Secondly, There are yet in force, and unrepeal­ed certain ancient Laws, which make Merchants, Shop-keepers, Grasiers, and all such whose employ­ments consists in buying, and sellings, Bankrupts, upon sundry accounts, and for diverse reasons con­tained in those Statute-Laws, which were of very good use at that time when Enacted, and would not want their conveniencies now, were they right­ly, and according to their first intendment used. But many of this age are grown so cruel, and un­reasonable, that no former times can parrallel them, by which inhumane causes, they bring no advan­tage to themselves, but ruine to the person they prosecute, and are the cause of a certain damage to the publique. In those ancient, and more cha­ritable times , when those statutes were made, if the debtor were under such circumstances, that he could not by giving all he had, satisfy his credi­tors, they did willingly accept of what he had, and he was set at liberty and freed from all con­finement, and had some small portion of his Estate returned, as a fund, upon which he might build his future fortunes.

In this our age, if those Statutes were made use of against the most just and honest person, though some, nay most of his creditors were so kinde and mercifull, to be contented with the debtors estate, proportionably to be divided amongst them, yet if [Page 8]he prove so unfortunate, as to be engaged to one who is of a cruel, and uncharitable disposition, who has for any pretended cause taken up a ma­licious pique against him, the kindness of the o­thers can be no advantage to him, neither is there any possible means to secure himself from ruine.

Hence it is, that many men of honest designs, and just principles, have been forced, after conside­rable losses, with their little that was left, to seek for security and refuge, in forreign parts, by which the Creditors were deprived, of what they might have had, the King and Kingdome, of that service, and advantage they might have expected from whole families.

To this may be added, what has frequently hap­pened, that many have voluntarily offered their Creditors ten or fifteen shillings in the pound, to free themselves from trouble and perplexity (if possible) whose estate after the deduction of the charges out of it, for the obtaining the Statute a­gainst them, and the ill disposall, which was made of the rest, has been so diminished, that it could not afford two shillings in the pound.

In order therefore to prevent alt these mentioned inconveniencies, both to the publique, and particu­lar persons, it is humbly proposed, that ther ex­tream rigour of these Statutes be mitigated, which will much tend to publique good, as hath, and may further be demonstrated: and that for fu­ture all Bankrupts may be summoned to appear be­fore some Authority to be appointed for that pur­pose, [Page 9]and there give a full, and just, and true ac­count upon Oath, of all their Estates Personall, Reall and in Reversion, and deliver up all their Books, Bills, Bonds, and assigne their whole estates to their Creditors, to be proportianally divi­ded amongst them; and themselves thereup­on to be freed from all future trouble, and prosecution.

This course being taken, there will be encourage­ment to friends, and Relations, either to give or lend money to the debtor, or trust him with com­modities, by which he may de novo be put into a condition of living, and trading, and providing for his family, which otherwise must be ruined: nay the Creditors themselves (suppose the debtor a man of honest principles) may by this means, get the remainder of their debts, which his estate could not pay. And this has been the practice of for­mer ages, and is made use of in most Nations, so that if we look through Christendom, we shall scarce finde that the Laws of any place, confine men to a perpetuall imprisonment, who relinquish their whole Estates to their creditors, (though this is not sufficient to satisfy all dents.) And here I humbly desire notice, may be taken, that so long as a Statute is in force against any, which must be till all creditors will agree, there can be no encourage­ment to any, to give, or lend the debtor any thing for a new fund; nor to credit him, for the Statute will reach whatsoever he hath in possession.

To all this there seems to lie two Objections.

First, It will hinder the great credit that is now given.

Secondly, It will occasion perjury, for many will forswear themselves to secure their Estates.

As to the First: For those men, who will give no credit except they may have power to ruine the debtor if any contingent cause should hinder the most exact payment, let such keep their monies, and commodities, till they can dispose of them to their own mindes, which if they do, others that are not of such mistrustful tempers, will be very great gainers, who though sometimes they should meet with some l [...]sses, yet the greatness of their trade would make up, and compensate these.

Secondly, It is much to be desired, that no cre­dit at all might be given for things of absolute ne­cessity, such as meat, drink, cloathes, &c. which would put men, who live idle lives, upon labour; these being things which must be had; and if so many multitudes of men and women who now spend their lives in Idleness, were necessitated to undertake some employment, it must needs bring a considerable advantage to the Nation. And this course would make the money of the Kingdom oft­ner circulate.

As to the second Objection: That many will forswear themselves to secure their Estates; Let not only those punishments which the Law has al­ready provided, be inflicted on the perjured person, [Page 11]but it may be made Felony without benefit of Clergy, or Treason, by which the worst of men would be deterred from it, it being great odds, but some way or other, they will be discovered, and con­victed.