AN APPEAL TO GOD and the KING Together with A True NARRATIVE OF Unparallell'd Grievances c. Wherein may be seen as in a Mirrour or Looking-Glass the surpassing Miseries of the English Nation above other Nations for having the best and most wholsome Laws in the whole World yet being so excessively corrupted by Covetousness of Money in the Law-Practicers as now they are In the stead of being an Help and Safeguard are now become a meer Nusance and Oppression to the People and unless some Expedient be found out for a just and due Administration of Justice without Fee or Bribe 't is impossible for This Nation to be Happy but must remain the most Miserable Nation in the whole World Most humbly Presented by BENJAMIN ALBYN of London Merchant Felix quem faciunt aliena pericula cautum LONDON Printed for the Author 1697. JEHOUAH O Lord God of my Father most Blessed and Glorious Trinity FATHER SON and HOLY GHOST Three Persons and One Almighty God in Unity whose Unity is in Trinity and whose Trinity is in Unity incomprehensible whose Essence is a Substance without Composition Immaterial and Spiritual whose Life is altogether entire perfect all at once One infinite Moment without Beginning or End Eternal Who is Reason and a perfect Understanding perfectly knowing and understanding Himself is immutable and necessarily in Himself whose Infiniteness makes all Wonderfull His Mercy Love Goodness and all his Excellencies infinite Whence ariseth his All-sufficiency that possesseth all Goodness desirable or possible Who is before all Time and above all Circumscription of Time from Everlasting to Everlasting who made Time and will dissolve it again He is called the Rock of Ages the Ancient of Days and Eternity itself Alpha and Omega the first and the last hath called Himself I AM Whose infinite Essence gives Being to the whole Creation and is All in All whose Attributes are more Excellent than to be discerned by so mean a thing as Sense His Wisdom Power Mercy and Justice Goodness and Truth also his Immensity Purity and Holiness is Incomprehensible and Eternal And having created the Heavens and the Earth and all that in them is within Six days and rested on the Seventh is therefore called the God of Sabbaths which we are commanded to keep Holy according to his own Example and Reason for Blessing and Hallowing that Day His Name is a strong Tower and being the Father of Lights King of Kings his Dominion is Supreme and being King of Righteousness from whom nothing is hid delighting in his Mercy and Justice beholdeth all the Dwellers upon Earth whose Vision is in his Attributes Providence and in the Face of Christ his Eternal Son who for us Men and our Salvation came down from Heaven and took upon Him the Nature of Man without Sin to suffer for the Sins of them that believe and to fulfill the Law became a Mediator betwixt God and Man in whose Name and Merits alone it is that I who am but a poor worthless Worm sinfull Dust and Ashes doe now most humbly present and prostrate my self before the Throne of his Majesty begging Mercy and Pardon for all my Sins and Iniquities and to blot out all my Transgressions O Lord God look down and have Mercy upon me lay no more upon me than thou wilt enable me to bear Counsel me in all my Difficulties sanctifie mine Affections create in me a clean Heart and renew a right Spirit within me Let not the World the Flesh or the Devil have any dominion over me Teach me how to fear Thee and Thee only and enable me to put mine whole Trust and Confidence in Thee and in Thee only and to hope in thy Mercy alone Sanctifie unto me all thy Dispensations towards me and in thine own good time send me Deliverance out of all my Troubles and Afflictions thou hast visited me with and in the mean time give me Patience to bear them Behold the Rage of mine Enemies abate their Pride asswage their Malice turn their Hearts and confound their Devices and plead my Cause with mine Adversaries and clear up mine Innocency from all their Aspersions and give them true Repentance for all their Sins and let them amend and reform their Misdoings Encline the King's Heart couragiously and continually to execute Judgment and Justice that so by Righteousness His Throne may be Established to Him and His Posterity throughout all Generations Enable Him to correct and purge out all the corrupt Practices now used in the Laws of this Land and grant that by the good Advice of His Parliament by Thee the only Wise God directed He may in His days live to see Judgment and Justice run down like a mighty Stream and Righteousness flow like a broad River that so He may be found worthy that at the last when His Life shall end here He may Reign with Christ to all Eternity in Life everlasting O Lord send a good Issue out of all mine Afflictions endue me with true Wisdom Knowledge and Understanding give me Sincerity and Integrity and shew me the Way wherein I should walk and grant in whatsoever I doe I may seek thine Honour and thy Glory Give me neither Poverty nor Riches but feed me with Food convenient for me and make me joyfully and truely thankfull unto Thee with mine whole Heart for all thy Providences towards me for the many Mercies and Necessaries of this life and of the life to come particularly for my Creation and Preservation but especially and above all for my Redemption in the Lord Jesus Christ for the means of Grace and the hope of Glory To whom with Thee and the Holy Ghost be all Honour Glory and possible Praise Might Majesty Thanks and Dominion henceforth and for ever-more Amen O Lord in Thee have I trusted let me never be confounded Benjamin Albyn To the August Imperial and most Excellent MAJESTY of WILLIAM the Third by the most Wonderfull Providence of the Almighty God made King of England Scotland France and Ireland Defender of the True Christian Faith and in His Dominions over all Persons and in all Causes next under God Supreme Moderator and Governor The most humble Petition of Appeal together with a True Narrative of his Vnparallell'd Grievances c. is most humbly Offered and Presented by his most humble Petitioner BENJAMIN ALBIN of London Merchant GREAT SIR AS You are God's Vicegerent here upon Earth so You are most justly and duely to be accounted my Dread Soveraign and without just Cause I should not presume thus to make mine Approach to Your most Sacred MAJESTY Now as Life and an honest Reputation are to me of an equal Value and one Sir Richard Blackam hath blackened and whispered away my Reputation on the Grounds of a Causeless Statute of Bankrupt maliciously taken out against me by one Samuel Moyer after a long and wrongfull Prosecution of me in Your MAJESTY's High Court of Chancery where with most excessive Charge and Trouble I was for
Cousin Farmer a Packer that sold me great Quantities of Cloth counterfeited my Mark upon an Iron Stamp and therewith Stamping inferior Cloths changed them for my Cloths that cost me and were better worth by 81 per Cloth Of which Fact though he was convicted both at Common-Law and in Equity yet I could never have one Farthing Allowance either for Damages or Charges So the Sharpers and Cheats of the Town finding that by Law I could recover no thing or have any Right laid their Heads together to cheat me of 1000 Pounds and though I detected and convicted One of them of Forgery for which he stood in the Pillory and though he consessed to have received 250 l. which being in my Wrong ought to be re-paid me yet I can by no means obtain an Hearing of that Cause in the Exchequer with him neither have I had one farthing Allowance for all Also having received some accounts from Mr. Tho. Hatton of Alleppo relating to the joynt Account of Mr. T. Barnadiston and John Barton for Factor Marine Duties owing which through his inadvertency were sent neither signed nor in any-wise authenticated Yet I having paid a Thousand Dollars to the deceased Barnardiston's Kinsman that took care of his Concerns upon his telling me John Barton had died indebted so much to the said Barnadiston I thought it but just to shew to him the said Accounts to get a reallowance accordingly but instead of duely considering them called them Sham-accounts and hath scandalized me much about them Also another Account of Money received and paid by my self being by my Directions shewed unto him on purpose to be examined by him that so if there were any Error it might be rectified by me he called it a Knavish Account without demonstration of any one particular Error and not knowing but these may be part of the things with which Sir Richard Blackam hath blackened my Reputation I have for that Reason set them forth Also to make manifest the cruel Consequences of Mr. Moyer's causeless Statute of Bankrupt I have set forth some of the unkind Usages I have found from near Relations as well as Friends Though I must needs say I do believe Brother Mann the Sword-bearer's unkindness and unjust Dealings towards me proceeds also from his excessive Gluttony and Ignorance that puffs him up with Pride and Covetousness that makes him think by a nonsensical dull and obstinate humour to shew himself a Man of an high spirit forsooth which the poor Man is very ambitious of to be accounted though I have bin told he is accounted a Man of a venomous Spirit which I think I ought not to conceal because to satisfie his Malice and Revenge rather than lose Time he 'l put other people upon doing very ill unkind and ruinous Things that else they would not doe or think of His g eat Glory is in Oppression and when he is most intent in effecting any ill thing then he saith God forbid that he should doe or think of that very thing and then he doth it even as he hath told me He hath an Art to eat most when he seems to eat least and by that means he passeth for an harmless innocent Man among some but he is better known than he thinks he is Also he having covetoufly contrary to his Promise before Marriage prepared Writings for an Estate to be passed by a Fine and Recovery before a Judge by his Wife mine own Sister against her Will unto him and his and having shewed them to her at Ten of the Clock at Night to certifie her they were ready prepared when she having seen them not being very well became much troubled at it and went to bed and next morning was found dead and her Corps almost cold when 't was thought she only slept soundly and 't was but a little before about one or two days at most before she died that she complained and told a very near Relation how she was forc'd to study all the ways possibly she could to please him for if she did not she verily believed he would turn her out of dores into the streets although before Marriage my Sister had setled upon him and his Heirs the Fee-simple of another Estate in good Lands worth 250 l. per Ann. and now keeps my Right from me though the whole matter is not worth One thousand Pound yet he saith he will spend Fifteen hundred Pound but he 'l keep That my Right from me which by Law I am her Heir unto And I doe believe there is not any one thing in the World can doe a Man in any kind so much mischief as a causeless Statute of Bankrupt and though I brought mine Action against the said Moyer for so doing and as the Judge said I had proved all my Declaration but the Malice which though was sufficiently proved by the Fact in the most of all other men's Opinions yet by the ingenuity of a Favourite Counsel and the inclination of the Judge I was cast and forc'd to pay Thirteen pound and Thirteen shillings Costs to Mr. Moyer's Attorney he being acquitted and my Remedy at Law it seems lies only again7s t the Three Lords Commissioners of the Great Seal because it was their Fact only and not Mr. Moyer's in regard what Mr. Moyer did was by the Advice of his Counsel as the Judge was pleased to tell the Court. Now I doe know that the Lawyers are the only proper Men to advise with in bringing an Appeal yet well knowing the great Good-will they have to one another and their firm Combination for the support of their ill practices and consequently if should had advised with any one of them in this matter I must had either bin deterred by some strange Stories or else be betrayed before had effected it I have therefore chosen to put my life in mine hand without any Advice at all innocently to act mine own part in mine own concerns And if by mine Ignorance I have committed any Error for the want of due form I humbly hope it may be excused because in my conscience I doe think I ought not to omit any thing I am by mine Oath obliged to doe And in this I could not expect any faithfull Advice from any Lawyer because of my Complaint of them And I doe not doubt but the Law-practicers will therefore seek many ways to bereave me of life and doe me what mischief they can but I know God governs the World and their Malice cannot doe this much mischief to me more than his Providence will permit And I say God's Will be done So I doe my Duty I hope I shall be satisfied For as I am but a Batchellor and single Man without Wife or Child to want me so I think it much better to die by a publick Stroke of I was about to say Justice but I know true Justice cannot hurt me but must help me rather than to linger and pine away for the want of Justice by
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 A True Copy of One of his Receipts and Acknowledgment is as follows WHereas I the under-written Richard Blackam have for my conveniency taken of Benjamin Albyn sundry Notes as one for Three hundred pounds and other two for Five hundred pounds under his hand made payable at sundry times I do promise hereby to take no advantage thereof but to take them up and cancell them my self without troubling him therewith Witness mine Hand this 20th Day of Novemb. 1690. The like I do promise for another Bill of Five hundred pounds payable Three Months hence Richard Blackam 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 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 't is 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 't is and he could do no otherwise And afterwards to justifie Sir 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 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 Blackam's mind as he thought for Mr. Freeman would fain had be-fooled and perswaded me to take Sir 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 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