THE CASE OF Richard Thompson AND COMPANY: With Relation to their Creditors.

Published for better Information.

LONDON, Printed in the Year, 1677.

The CASE of Richard Thompson and Company.

THAT we being severally possessed of considerable Estates, did upon the se­cond day of January 1670. (as is fre­quent with other Merchants) enter in­to a Society among our selves, giving [...]ur joynt Bonds for security to all such Persons as [...]ffered Money to be deposited with us. Many had [...]dvised, more approved of this our Undertaking, and [...]aily confirmed us in it; by intrusting us with several [...]umms to a great value, at the usual Interest: which [...]hey found so little cause to repent of or suspect; that notwithstanding the Calamity which about a year after fell upon Bankers, and consequently upon so many hundreds of Persons concerned with them in the Ex­chequer, yet our Creditors continued the more their former Confidence in us, till in succeeding years so many others chose to imploy their Money in our hands, that the Debt must necessarily exceed our Estate, of which our Creditors could not at the same time be ignorant, yet were not distrustful. And there­fore we extended our utmost Industry, and Fidelity, in measure to the growth of our Reputation: having [Page 4] imbarqued our selves in several advantagious or pro­bable Trades: That of Wine, that of Silk, that to Russia, parts of East-India Shipping, the private Trade to East-India, Lead-Mines, the Irish Manufactures, Ex­change, &c. omitting nothing within the compass of our ingenuity; whereby as we were at first, so we might still be enabled to comply with our Obligations to so many worthy Persons.

Nor were our endeavours herein unsuccessful; but that notwithstanding the difficulties which all Mer­chants have for these late years experienced, and which we particularly in so various Business and Adventures must necessarily have met with, we were by God's Blessing alwayes in a condition to perform with our Creditors, and in a rational prospect of far other For­tune to our selves, than hath since befaln us. So that for above five years time we chearfully and punctual­ly comply'd with all Men, our dealing being direct, and open; nor any visible or hidden flaw in our Cre­dits, but we paid every one duly, whether Princi­pal, or Interest, as demanded: nor could it in or­dinary Reason have happened otherwise for the fu­ture.

For it is not easie to imagine, that Men should con­spire to tear out the Planks of that Vessel whereof them­selves are the Owners; or plunder their own Fortunes out of a Ship which themselves had fraighted; nor [Page 5] that the same Persons, should at the same time build up General Credit, and destroy it.

There is indeed in all Undertakings of this kind, as [...] other humane Affairs, some mutual hazard: But the [...]dventure of the Debtor however is much greater, and is Case much harder than that of the Creditor.

For most Creditors do only let out to them the Spa­ [...]able, and more Superfluous part of their Estates for a [...]ertain Income: Whereas the Debtor imploys his whole Time, and Industry; binds his whole Fortune; [...]nd which is more, exposes all his Reputation for Se­ [...]urity to the Creditor's Humour, or Conveniency.

But therefore the Creditor, at the same time that he [...]eceives Bond, does in the very nature of the thing en­ [...]er into a tacit Contract, both that his Debtor may [...]mploy the Money, without which it is not to be sup­ [...]osed that he should pay Interest; and that himself [...]ill not joyn with the rest in so sudden and universal Draught, as should make it impossible to discharge [...]e Principal.

We may well call this a Contract, seeing although [...]nwritten indeed, and unattested, yet is it as firm as [...]umanity to the Debtor, Equity to fellow Creditors: [...] setting those aside, Truth to a Man's proper Con­ [...]rn, and Security can make it.

Yet the contrary to this befel us, at a time when we [...]uld least foresee or expect it. Our Creditors about [Page 6] Michaelmas 1675, begining to run at once upon us; and by how much we had given less Reason for their do­ing so, the less hopes was there to allay it by Reason. We were not so unconcerned, as to be long ignorant whence it all proceeded, but we think it more mee [...] and proper in our Condition, to humble our selves fo [...] having aimed at a superfluous Fortune, than to re­proach the Malice, or Imprudence of such as have oc­casioned our Ruine.

We attempted (but in vain) to mitigate by Discourse this harsh manner of proceeding, and that not taking place, we made ready Payment, the sole satisfaction that would be admitted. To do this, we did not only exhaust all those Summs of Money which we still re­served (at detriment) by us, to have supplied the or­dinary Draughts of our Creditors upon occasion, but were constrained to hale back whatsoever lay within our reach, and which had the most appearance of pro­fit, at the greatest disadvantage and loss.

For that general Stock, which was, and had hither­to been esteemed as a grand Countersecurity to every particular Creditor, was now turned into an Argu­ment of Jealousie, and Discredit: And we were daily ransacked and run upon with such haste and violence, as must have disordered the most responsible Person, or Society, in their private Estate and Reputation. Where all Men push at once, who can stand single? [Page 7] It were almost impossible even to tell ready Money in that time, within which we were forced to provide it, and for those, who, (if we may have leave to speak it) although of the most importunate, found it useless, and rather troublesome to them, as soon as received, so far from necessary.

And yet in this condition we bore up from Michael­mas to March following, (time enough for second Con­siderations, and milder Counsels) till we had paid about the summ of Sixty thousand pounds, (sufficient one would have thought to have qualified and asswa­ged so causless a Jealousie, and so extream a Rigour:) But the Humour not abating, and Men being the more hardened by our Compliance, we were then constrained to take another Method, the most contrary to our Nature, to our Intentions, and to which nothing but the utmost necessity could have compelled us: For we were indeed as Men stifled with the crowd of Demanders, so that there was no longer living in it, but about the 9th of March aforesaid we found it neces­sary to summon our Creditors.

We propounded to them that we should in eight Six months time, pay off the Principal without Interest, which we did upon our best computation, of what was yet possible in an Estate (not by our fault) so mangled already, and under so shatter'd a Reputation.

But this our Creditors rejected, and required the [Page 8] view of our Books, which we submitted to, wherein there appeared about Thirty five thousand pounds more Credits, than Debts. Upon the sight of which, they not looking further into our Losses or bad Debts, bu [...] taking all for good, and the Contingent for Certain [...] thought it reasonable to impose upon us the paying of Interest, and to allow us no more than Six Six Month [...] to extinguish the Principal.

They could not have exacted any thing more plau­sible from us, or more suitable to our own inclinations than not to pay one farthing less than we owed▪ only we were fearful, having once suffered, to enter a­gain into Conditions that should hinder the Effect.

But to overbear us in this, they discoursed with some probability, and in much seriousness assured us that up­on making so fair and speedy an Agreement, (especi­ally since by their search in our Books, they had found nothing in the manage of our Affairs, but what was both honest, well laid, and Merchant-like) we should find the return of our former Credits, and be fortified with fresh Reputations.

This, from those, who had both the power to im­pose their own Terms upon us, and ability to make good their own Promises, was too specious for us to distrust, and too forceable upon us to have refused.

We had before offered them freely to deliver up the whole Estate into the hands of some Trustees of thei [...] [Page 9] own Number, to have collected it in for the rest of the Creditors: But the Major Part thought fit, that having agreed to their Terms, and times of Payment, We who were best vers'd, and most concern'd in the Issue of the Affair, should have the care of conducting it to a Period.

And now we had reason to hope, after we had been induced to submit to the payment of Principal and In­terest, that none would have refused to sign such fair Proposals, but that we might without disturbance have collected the Estate, which lay at Six and Sevens in a perishing Condition, for want of present management. But as we must upon all accounts acknowledge our own Weakness; so we think we have right to say, (upon experience) with respect to others, that there are some times when Men have less of Reason than all other Creatures.

For it was evident, and our Books which we had subjected to a daily inspection did demonstrate, that every moment of time gained or lost was a sum of Money; that all delay made us the less responsible; that the Estate if none took care of it, would dispose of it self, out of the reach both of the Creditors, and our selves; and that our Debtors would possess it: That there was no coming to an end, but by an Agree­ment, which therefore the more considerable part of our Creditors entred into: and yet nevertheless there [Page 10] remained still a number sufficient to obstruct any good business of this kind: who though they knew we had drawn out all the Blood in our Veins to give satisfacti­on, yet would not allow us any time to restore Na­ture, but obstinately refused to subscribe the said Agree­ment: as if they accounted it a more desirable thing to have their Will, than to exercise their Understand­ing; and to execute a causless and unprofitable Re­venge, than to arrive at a just Payment.

It was three or four Months time that had lapsed from the Ninth of March, before the greatest part of our Creditors had Signed; but the other continued Re­fractory so long, until many of our Correspondents both at home, and abroad in Forreign parts, took ad­vantage thereby to delay, and some to imbezel what they had in their hands; besides the badness of Trade, and the general Poverty, which made all Men less solvent.

We therefore, that the Estate might no longer lie as a Waif and Stray, and in right not only of our selves, and the subscribing Creditors, but even to those who neglected and opposed their own and the common In­terest, took up a Resolution, whatsoever were the ha­zard, to encounter it, and commit our selves to the Discretion of Mankind under God's Providence.

Accordingly we undertook the management; but no sooner were we engaged, than we found our selves [Page 11] beset & surrounded by those that had stood out against the Agreement; and who thought it doubtless an ho­nest, but however a wise Design for them to be their own Carvers out of the whole Estate, now that the rest had bound themselves up to expect the times and pro­portions of Payment.

Our first Welcom, (and our constant Entertainment since) was by Threats, endeavouring Statutes of Ban­querupt, Arrests, three or four Arrests sometimes, and as many several Declarations, for the same sum of Mo­neys, Attatchments, Volumns of Menacing Letters, with a multitude of other Affronts and Unkindnesses, too long here to enumerate: It is not indeed to be de­scribed the Misery and Importunity we again lived under.

If (as it was in this Case our Duty) we defended the Estate against them, it was so at a great and constant Expence, being liable to pay their Charges, besides the Principal and Interest; which we were forced to tear out of the whole Cloth, and to spoil the whole just Distribution, in order to satisfie their particular Con­cern.

Now to supply this continual Flame with Fewel, we cut off the most fruitful Branches, and grabbled up the very Roots of our most profitable Trades, (for there was no doing the one without the other:) yet here also they way-laid and strove to prevent us. One [Page 12] of our Company (having several weeks before pub­lished a Journey for Ireland, and left all things here in good Order,) while he went over to gather in Debts, and dispose of that Manufacture, because it was most ready at hand; of the greatest improvement, and rais­ed the more undeserved Envy and clamour, was Ar­rested at the Sea side and Imprisoned, with all the spightful circumstances that could be contrived.

For in all these things, it seem'd their business was not more to enforce Satisfaction to themselves, than to render it impossible for others, not being contented to reap, unless they trampled all down, and made havock.

The Sums which by this hardship they extorted from us, were very great in themselves, but in the Consequence much greater, and more intolerable.

For hereby we were disabled from taking any cer­tain Measures of our Time, or the Estate, nor could by the Improvement of one Trade ballance the Dimi­nution in another; but were forc'd to snatch at every thing wheresoever we could wrap or rend, to be de­voured by them. And others in their capacity, (but who were more disposed to Expectation and Forbear­ance) were induced by their Example, and with more ground of Reason and Necessity, (lest nothing should be left) to strike in with them for their Parts, and joyn in the Oppression.

What was thus occasioned by Consequence, was how­ [...]er [Page 13] more innocent in them; and though much, yet [...] prejudicial to us, than what they did by Design, [...] upon set-purpose.

For every Success they had against us, seeming to [...]m as a Conquest; they were not satisfied to enjoy [...] fruits of their Victory, unless they proclaimed them [...] abroad, and in all places published the Particulars. [...]ey advised others by Letters, and in their daily dis­ [...]urses egged them on to prosecute us; instructing [...]m moreover how to do it in the most effectual [...]nner. Nay it was come to that at last, (such hap­ [...]ess did some of them take in rendring us miserable) [...]t where they met with a more peaceable Creditor, [...]y have endeavoured to buy his Claim, that they [...]ght have a Title to vex us.

They devised untrue Reports, fomented undue Su­ [...]cions, and would never cease till they had infected [...]a manner the whole Town with a Belief of our sufficiency: which was a good, and indeed the only [...]y to make a future Truth of a present Falshood: [...] those who deprive Men at once both of Estate [...] Reputation, may easily foretel what must follow.

And to put the last hand to the Accomplishment of [...] Work: As they had suggested our Insufficiency, [...]y defamed our Intentions, (of which God is a bet­ [...] Witness) as if we had a design to defraud them, [...]d all others.

Whereas by our Payment before the stop to abo [...] Sixty thousand pounds, as is before mentioned.

By our then offering up the remaining Estate to t [...] Creditors own disposal and Collection.

By the difficulty we made afterwards to undertake this Agreement.

By the performance of it since under all these Pr [...] ­sures and Violence from others, (when once under [...] ken) till we had issued near Fifty thousand poun [...] more, we have sufficiently manifested to any co [...] mon Ingenuity, how sincerely we meant, and how u [...] ­deservedly we suffered under those Aspersions.

But if Cruel Men will judge us by an Effect, [...] which themselves are the Cause, what defence is the [...] against Calumny?

And yet this our Complaint which we make unw [...] lingly, and not by way of reflexion, but of necessa [...] and plain Narrative, might have been spared and pr [...] vented, had those Worthy Gentlemen, complied wi [...] our first Proposition, or with their own good Intent [...] ons, and the Promises they made us, who thereby pr [...] vailed with us to submit, and on their own Terms [...] pay the Interest as well as the Principal.

For had they but accordingly refreshed, and fed [...] again with moderate and seasonable Credits, (where [...] most of them after the Agreement made, rather studie [...] how to substract and drain their Proportions befor [...] [Page 15] [...]e time) we had in all probability been able, either [...] manage, or draw in our Estate regularly to advan­ [...]ge, and might instead of eating our Corn in the [...]oss, have expected the Harvest.

But where our Friends at once failed us, and our [...]nemies all along pursued us, vve must be, vve vvere [...]duced to extremity.

We (if not rather they) have broken dovvn all [...]ese most probable Trades of, &c. before mentioned, [...]hile others that build upon our Ruines take them up [...] the same instant, and manage them by those that [...]ere our Agents: so rational do our Designs yet ap­ [...]ear, and so proper our Instruments.

We have drawn what we had therein back by Ex­ [...]hange at great dammage.

Many of our Debtors broke, while we brought [...]em under the same circumstances which obliged us [...] call upon them.

Others of them took this advantage upon us on pur­ [...]ose to defraud us.

And some delaid Payment out of their own Cove­ [...]ousness.

Nor were we able to sell our Effects at the Mar­ [...]et price, or upon any tollerable conditions.

Being disabled to Buy, Sell, or Receive Debts in, [...]ke other Men, but at Twenty, Thirty, and sometimes [...]orty per Cent. loss, besides all desperate Debts, and or­ [...]inary accidental Losses.

Our Creditors several of them, and even such have in 1676 received half of their Money, did still the beginning of the year 1677 summon us before t [...] Lord Chancellor, to shew Cause why a Statute Banquerupt should not issue against us, giving up o [...] Names to the Clarks of the Office beforehand to p [...] pare it, divulging all upon the Exchange, and throug [...] the Countries; Declarations, Arrests, Actions, &c. we our daily-Bread, as it hath been from the beginning and no better prospect for the future.

We could not at last have so much Credit upon th [...] Exchange as to draw one hundred pounds upon o [...] Correspondents beyond Sea, on whom we cou [...] have drawn thousands without the least shew of s [...] spition.

This has been, and is our Condition, tedious to [...] late, but much more to suffer, yet not the hundred [...] part of the usage we have met with, the which we co [...] ceal out of modesty to the Actors.

And we who were all our lives hitherto of unbl [...] mish'd Reputations, of Responsible Fortunes, and (f [...] which we appeal to God) of Honest, Constant, U [...] right Intentions, were become by this means in th [...] compass of one Year the sad Objects of common O [...] loquy, or Pity.

But that which most afflicts our Spirits, (if thereb [...] any distinguishable degree in so extream an Afflictio [...] [Page 17] in so utter a Confusion) is to reflect upon the Favour and Patience of those worthy Persons towards us, who by the contrary proceedings of others, are for the pre­sent betrayed into the worst Condition: And would [...]o God it were in our power yet to redress them.

But the Losses we have sustained, and must foresee, are such, that we our selves can scarce believe it, and [...]herefore as yet forbear to mention them; but so great [...]hey are, that we in faithfulness, and as the best remain­ [...]ng husbandry to the Body of the Creditors, are obli­ged to make our Retreat, and give this Account of it.

For though the usage we have generally met with hath been so unmerciful, and as we think unreasona­ble, as might corrupt Mens Nature and Principles, and [...]empt us to commit a Baseness not without a coulour [...]o justifie it;

Yet it will be found, that what we are thus inforced [...]o do, hath not been in Fraud to our Creditors, but [...]he better to pay every one an equal proportion as far as the Estate will reach, (if equitably and timely con­ [...]idered:) And to prevent those who would make pri­vate Seisures to their own use, and leave nothing for the rest, as hath been too much practised already.

Thus far we had faithfully stated our Case befor [...] we withdrew, causing several Copies of it to be pr [...] pared to represent the whole Matter to our Creditor [...] Consideration. But it found so little entertainmen [...] in minds freshly exasperated, that we were discouraged from making further use of it till Time and Experience should bear witness to the Truth of what w [...] declared, and and dispose Men to another temper.

In the mean time therefore our Creditors withou [...] giving themselves or us any respit to deliberate of Proposal for other satisfaction, Petitioned the Lor [...] Chancellor upon the very same day that their Mone [...] first grew due, for a Statute of Banquerupt against u [...] which was soon granted; And hereby we were prevented by some days, from tendering that Offer which we immediatly after made to some of the most emine [...] Creditors, and within a while after to the whole Bod [...] of those about London, at a general Meeting upon ou [...] request at Mr. Thompson's.

Where we besought them to except of 6 s. 8 d. p [...] pound, that being the uttermost which upon our be [...] Calculation the Estate would amount to. But of tha [...] We promised the one half vvithin Six days after thei [...] general signing their Assent to that Proposal: And the remaining half within Two Three Months, the soones [...] that We could draw it together out of the hands of ou [...] several Correspondents.

This divers of our Creditors subscribed to upon the [...]lace; And many others vvere ready to have follow­ [...]d, but suspended again till they might behold a while what the effects vvould be of a new Statute taken out [...]y some select Creditors; And which was prosecuted vvith extraordinary vigour and violence.

For it is vvorth notice, that vvhereas the first Statute had been granted upon the general Petition of the Cre­ditors; And the Commissioners therein appointed by [...]heir common Nomination and Consent: These others procured that first to be superseded; and having ob­tained a second Commission at their own private Ap­plication, and vvithout communicating with the Bo­dy interessed; Yet they quash'd that also, and had an­other granted. So that in one Months time there were no less than three several Commissions of Banquerupt issued out against us.

And this might naturally lead us to search into the Causes, and to demonstrate those Causes by the Effects and Proceedings of this third Commission. But nei­ther is it our Interest nor our purpose to reproach the present Commissioners, or by reckoning up other Mens Faults to discount for our own Failings, much less is it for us to censure any single Creditor, who being all in­damaged, and therefore subject to think themselves in­jured by us, are free to prosecute each his own Remedy according to his best judgment.

But whatsoever can be said with Truth toward th [...] rectifying our own Reputation, or for better information of the Body of the Creditors, and to vindicate th [...] remainder of the Estate to their use, from the dange [...] of this Statute, that we take our selves not only allowed but obliged to publish, yet always as Men under the restraint of our own modesty.

And therefore we shall also pass over all the personal Rigours of this third Commission against our selv [...] and Families (with all the Menaces, Contumelies, an [...] Reflexions upon us) although the like of it hath no [...] been usually practised; and though even of late yea [...] there have several Cases happened of as odious circumstances, and where the respective sums due to particular Creditors have been greater, and yet all accommodated upon easier terms, without any such harshness But if any of the Disgraces cast upon us beyond truth or number; or if any such personal severities used o [...] threatned, have or could possibly tend to the service o [...] the Creditors, or to enable us to pay any one of them a greater proportion than our Proposal, We are sufficiently humbled to sit or lie down under them, and to admit any; though this be the worst Expedient fo [...] their advantage.

But as that first Run vvas so fatal to Us and ou [...] Creditors, shrivling the whole Estate by those forceabl [...] Evacuations; And vvithdrawing on the sudden a [...] [Page 21] Nourishment of Credit; so these second Proceedings, vvhether more or less Statutable, if continued, can on­ [...]y contribute to make the Remainder dwindle into nothing.

For in all Commissions of Banquerupt, unless We should imagine the Commissioners to be more than Men, and so self-denying that they will act against their own Interest, it is to be supposed that they will not be their own Executioners, to do any thing that may destroy their Office. But whereas it is the Credi­tors aim to come by their means to a speedier Conclu­sion, they on the contrary must intend all things where­by they may perpetuate their Power, and their Sala­ries.

Hence are the Examples so frequent of Estates torn in pieces, made desperate, eaten and drunk up by Com­missions, but few or no Presidents where Creditors have thereby recovered more than the Debtors volun­tary Proposal.

But however, were such Statutes usually carried on in the direct and most disinteressed way and manner, yet the necessary Expences that accompany them, and the Charges of Law that follow after, are sufficient to consume what the honest Debtors have sav'd to make Restitution; and hath so far vitiated some, or necessi­tated others, that they have cast away all design, or lost all possibility of giving any satisfaction.

As to what respects our own Case more particular­ly, We must do the Commissioners that right as to confess that there hath not been within the memory of Man so frequent and diligent sitting, as hath been day by day upon this Statute; and that We do suppose them all to be Persons of that worth as to act above the consideration of their Salaries, as howsoever that al­lowance is but due for their pains, and no more than necessary for the honour of their employment.

But withal it must be also acknowledged that their so constant sitting hath occasioned so much greater Ex­pence out of the Creditors Estate; and that although to hold the Creditors on, to pursue the Statute, and off from Agreement to our Proposal, there hath been a pretence of mighty Discoveries, Yet in truth they have not in this five Months time found out in all, besides our Wives Jointures, so much as will probably defray the Law-Charges, in trying to possess the Creditors of what the Estate hath no Title to.

But because it may be retorted upon us, That all this trouble and expence of the Statute might have been spared, had We from the first dealt clearly, and not conceal'd our Estates, our Books, and our Losses. We shall therefore ingenuously give account of the Reason, and we hope Reasonableness of all our Doings in those three Par­ticulars, in the same order. But if we have either in whole or in part therein erred, We shall confess it, [Page 23] ask Pardon, and do our best to redress it.

As to that first of Concealing the Estate, We have in the former part of this Narrative represented the Causes that led to our Departure, which when we saw to be unavoidable, like Men rather to die than live, We set our House in order, We looked upon the sad residue of our broken Fortunes as a Legacy to Westminster-Hall, and would be all spent at the Barr, unless We our selves secured it for the Creditors. For if while We were yet living, till the Ninth of March 1675, and when We lay gasping till the 15th of June 1677, Men nevertheless rent the whole Estate piecemeal be­fore our faces, and every one was making up his own Pack, there could nothing be expected among them, after We should be civilly dead (for so it is with Us) but the greatest Disorder and Confusion. We there­fore considered further, that although we should be at great loss in fixing or recalling the distracted and dispersed Estate, yet it would be more valuable, and turn even so to the Creditors better account, than if they were left to rifle for it in our Scritours, or Ware­houses.

Hence it was that whilst We were yet of a disposing mind, and before We should be buried in a perpetual Prison, We chose, as the discreetest way, and the ho­nestest in our deplorable Circumstances, to recollect as We could the scattered Estate, and having truly com­puted [Page 24] it, to distribute it equally as far as it was capa­ble, which We have accordingly offered in our hum­ble Proposal.

And for what concerns the second Objection against us, the concealing of our Books, being much of the same nature with the former, We shall for further satisfa­ction in them both, appeal to any Considering Person disinteressed, or to the Conscience of any of our Wor­thy Creditors, Whether We could indeed, or ought in this to have done otherwise? For, supposing our Books to con­tain the substance and sum of the Estate: The deli­very of them could only be required in order to dis­covery wherein it consisted, and how or where it was disposed; and that discovery, to the end that the Cre­ditors might themselves collect it in, and recover it; and it was and is indifferent to Us whether they pleased to do so, or to accept of our humble Proposal, so that We might either one way or the other come to an end with them. But therefore We humbly propose these Queries.

First, (in that general suspicion which the Credi­tors have conceived, and do all along continue and still propagate (though contrary to their own Interest, and in prejudice both to the extrinsick and intrinsick value of the remaining Estate) concerning Us and our Actings) Whether they would have admitted those Books (when, or if produced) as true, authentick, and which [Page 25] they would rest by; before that they had made ex­periment on each particular Article relating to our Negotiations both at Home and in Foreign parts. If (as is probable) they should not, but either all, or most, or some of them, resolve to suspect the Books, though never so exactly or faithfully kept, what nearer should We have been to a Conclusion with the Creditors notwithstanding the Delivery? For (which puts all upon a short Issue) We will humbly demand once more, Whether upon surren­dring up our Books to them, would they at the same time have delivered us our Bonds, and discharged us? We presume, until better informed, that whatsoever any good Man might undertake in his own particular, yet that none will affirm it for so numerous a Bo­dy, with so many Minds as that of the Creditors. And therefore We leave it to any rational Man to judge, Whether (unless all of them joyn'd in so do­ing) it were proper, just, or feasible for us at once to di­vest our selves of the whole Estate by delivering up our Books, and to make our selves at the same time liable for the whole Estate, our Bonds remaining uncancell'd?

There is a third Clamour against us, and not without Reason until it be answered, about the Con­cealment of our Losses.

To this We say, That they were communicated early (as well as the Case) to some of our Creditors, and of the most active in the Statute.

Secondly, That as in the former part of our Case We had declared, that the Losses we had sustained, and must still foresee, were such as We could yet scarce our selves believe, and therefore forbore as then to mention.

So after We came on Review to discern them more evidently, We were indeed ashamed, as in an undecent Nakedness to make them very pub­lick.

But lastly, finding that this was in common dis­course so much insisted on against us, We have cau­sed Copies of them some while ago to be delivered to the Commissioners, and among the Body of the Creditors; by which, and the further Testimony (if required) of our Book-keepers, it may and hath appeared that We have had no less than 90000 l. Loss: a Terrible Sum indeed! but the greatest part of which Dammage we owe to that infortunate Im­portunity of some Creditors. But We hope that now such of them as have been pleased to inveigh against us themselves, and to provoke others up­on that single suggestion, of not having made out our Losses, will hence-forward abate that onely pretence for their Severity, and for their suspicion of our Dishonesty.

And indeed although We are as capable (if not more) of committing Indiscretions as any man, and shall for ever be sensible of that Remarkable One in our first entring into such a Society; Yet shall no Man disprove, though it is in every one's power to blemish the Uprightness of our Intenti­ons.

Have We not paid out above 100000 l. since Michaelmas 1675? Had We not Understanding and Opportunity sufficient (had our Malice been equal to theirs who suggest so ill things of us) to have gone off in the height of our Cash and Reputation? Did We use any indirect means to sollicite Mens Money into our management? If they were unadvised in offering, or we in receiving it, Yet did not our Miscarrying eminently proceed from their greater Rashness in calling it out again in so violent a manner? Have we not nevertheless in this lowest Ebb of Humane Condition proposed to them Six shillings and eight-pence per pound, which We are still ready to perform if it may be accepted, viz. One Moyety immediately after Subscription, and Security for the Remainder at the times afore­said?

And there is yet one more pregnant Inducement to perswade them both of our Integrity, and to enter­tain [Page 28] this Motion, which is, That comparing the Sum of the Estate when the Books were first visited by the Creditors, being about 175000 l. and the account of our Payments since being about 50000 l. with the Catalogue of our Losses, being about 90000 l. it appears plainly that this Third Part humbly offered by Us, is the Total of what doth or can remain for Satisfaction.

And therefore howsoever it shall please God to dispose and encline the Minds of our worthy Cre­ditors, yet we shall have this Comfort within our own Consciences, that we have for their sake been willing to have sacrificed Our selves up to an ho­nest Poverty.

Yet neither do we despair but that those honou­rable and worthy Persons will take the whole mat­ter into their serious Consideration, and that they will first in their great Prudence reflect upon the devouring nature of such Statutes, whereof, besides many other Instances, Sir Anthony Bateman and his Brothers Case is a pregnant evidence, Who having at first offered Eight shillings per pound Composi­tion for his own Debt, and Seven and six-pence per pound for those Debts which He together with his Brothers were involved in; Yet the Statute hath been carried on about these Ten Years at the ex­pence [Page 29] and loss of about 10000 l. out of the Estate, and yet but one Twelve-pence per pound divided amongst the Creditors, the Contribution money de­ducted.

That next of all, our Creditors will also exercise their Christian Pitty, if not to Us and four numerous Families, yet to so many Poor Persons, whose Bread we are enforced to feed on; and the most, if not the whole of whose Livelihood, depends upon the Ac­ceptance of this Proposal.

And therefore in Conclusion we beseech them, that in right to themselves, they will make Us so far Honest Men as to receive all that we can give, before any further unavoidable Expences and un­foreseen Accidents (common to Humane Affairs) may concur to deprive Them and Us of the fruits of our Just Intentions. And by this Paper We desire to stand or fall, but not to be judged by any loose words, or casual discourses.

FINIS.

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