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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44970 An humble address with some proposals for the future preventing of the decrease of the inhabitants of this realm With allowance. Ro. L'Estrange. 1677 (1677) Wing H3392; ESTC R221332 4,916 16

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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 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-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 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 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 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 Page 4. line 27. for indesty reade industry FINIS