THE CASE OF JOHN HIND Goldsmith WITH HIS CREDITORS JUSTLY STATED.  
Giving an Account to the World of the occasion of his Failing, his fair Proposals, and the Justness and Honesty of his Designs to all his Creditors.  
LONDON, Printed in the Year 1685.   

The Case of John Hind with his Creditors Stated.  
HIND was a Banker in Cornhill and dealt for great Sums of Money, and formerly was concerned in his Majesty's Duty of Hearth-Money, in Company with Mr. George Dashwood, Mr. Abraham Anselme, Captain John Perry and Mr. Edward Buckley, for which there is a great Sum of Money now due to Hind: That since Hind received and paid many great Sums of Money to and for the now Managers of that Duty, upon which account he is now Indebted.  
That about two or three Years since he became (unhappily) concerned in the New Buildings at Albemarle-House, Grayes-Inn-Fields, and other places thereabouts: That being engaged, the Concern increasing and requiring continual Supplies of Money to prevent the whole from perishing, he was compelled to advance above 60000 l. there.  
That he being in full Credit had great Sums of Money forced upon him, and being in Trade must proceed till he could draw his Effects together in prospect of paying off all before he discontinue it; For as the case with all Bankers is, if he had, or they should put a stop to their general Receiving or Paying before they are ready to pay off all, it may procure a sudden Call, and then they are undone though they have a good Fund at bottom to pay all.  
That it was formerly his Case when in Co-Partnership with one Mr. Kirwood who died some few years since; But then their Creditors being moderate Men, and considering that Bankers Estates could not be called in when they pleased, allowed Hind and Kirwood time, and they paid off all Men to a Penny and had a good Estate left; and Hind than withdrew his Share and gave over, and left Kirwood in the Trade singly, who dying, and a great Estate being abroad and doubtful how the Creditors should far, they not being able to manage it, Hind at the persuasion of some of Kirwood's Creditors, who were his old Friends, undertook the Trade again; and to preserve them, generously involved himself, upon which he had more Money forced upon him than he knew what to do with: And the Buildings of Albemarle-House, Grayes-Inn-Fields and those other places being presented as a very profitable Design, he engaged in it, not suspecting so sudden a Call as now hath happened.  
That at the latter end of July last, some of his Creditors grew jealous, and made inquiries with whom he was concerned, and joined together to call in their Money out of his hands, that he paid away all his present Cash, well hoping it was their occasions that called for it not a design to ruin him. But the paying some made others more violent; for they could not be content to receive their own, but put others upon calling in of theirs. Having before given securities out of his Estate, such as could be separately disposed of, to satisfy others which rather increased than assuaged the desires of satisfaction in those that remained unpaid, nay, some that had got securities for half, their Debts were fiercer for the remainder than those that had received nothing. And in the beginning of September last, because he would not privately secure them without the privity of forty more that were then demanding their Debts also, procured an Extent for 10000 l. to be sued out, and seized Hind and his Goods for it when there was but 420 l. due, and that secured otherwise too.  
Upon this Toplady, Hind's Partner flies: But Hind designing to pay them to the utmost stood his ground, and sent for the Officer to know by whose direction this was done, and so the Officer seized Hind, and so Hind became a Prisoner.  
The Case being thus, and it being in vain to hope to support his Credit, and pay his Creditors presently he sent for them and acquainted them with his condition, advising with the chiefest of them in what manner they could manage the Estate for their own satisfaction, most of them commiserated his Condition, and desired him to deliver his Estate, and they would allow him 5000 l. nay, some said 10000 l. thereupon he drew up a Proposal to give them all upon oath, reserving 5000 l. to himself and Partner, and referred himself to them to put it into writing, desiring nothing but his Liberty and a mean livelihood.  
Others of the Creditors being desirous to be at a certainty, and to know if the Estate would make them any considerable satisfaction, ordered him to propose what the Estate would amount to. To comply with whom, Hind to justify his Integrity makes another Proposal to pay the Creditors their whole Debts in Lands, Houses and Goods as they cost, and if that fall short, to make it up in Debts justly due to him, and summons all his Creditors together, and makes these two Proposals. The Creditors then met, adhere to the first Proposal, and some of them come to Hind and tell him they were agreed and demand the Books, Hind proffers his Books if they would sign the Agreement. But instead of that they present him with a Draught of an Agreement quite contrary, and which in effect obliged Hind to deliver and assign all his Estate: But he never to be free.  
Hind desires to advise with Council, and proffers to submit to a reasonable Deed. But they fall in Passion and swear to hang him, and in order thereunto, sixteen of the Creditors Petition the Honourable the House of Commons to make such a Law against him, if he deliver not up his Books to them upon many untrue allegations therein, and Print a Paper entitled the Case of the Creditors of John Hind and John Toplady.  
Whilst this is in Transaction, the Managers of the King's Revenue of Hearth-money, extended all or most part of Hind's Estate.  

The Heads of the Instrument proposed by Hind to his Creditors are as followeth. (viz.)  
That he will discover all his Estate both Real and Personal to his Creditors save 5000 l. which he prays they will allow him for the support and maintenance of himself, Wife and Family.  
That within a Week after his Creditors have Subscribed his Instrument to the purpose aforesaid, He will deliver up all his Books of Account, Bills, Bonds, Specialties and other Writings touching his Estate to six such persons, as his Creditors should appoint as trusties, such six persons to be of the chief Creditors.  
That within one month after delivery of his Books and Writings as aforesaid, or at any time then after; he will at the request, costs and charges of the trusties on behalf of the Creditors, make, execute and perform all and every such Deeds, Conveyances, Assurances and Assignments of his Estate both real and personal, for the enabling them to get in, receive, recover, sell and dispose of the same to and for the benefit of all his Creditors in Proportion to their several and respective Debts, As they the said trusties shall from time to time require, order, and appoint, and deliver up all his Estate he hath in possession, or in the hand of any Person in Trust for him, except the value of 5000 l. as aforesaid, and his household-goods and wearing Apparel, for himself, Wife and Children.  
That upon his discovery, and assigning and delivery of his Estate as aforesaid, to the said trusties as aforesaid; He shall make Oath before a Master in Chancery, that such Estate so discovered and delivered is his whole Estate, within the value of 1000 l. over and above the said Sum of 5000 l. for himself to be reserved as aforesaid, and his household-goods, and his own Wife and children's Wearing Apparel as aforesaid, which said Sum of 1000 l. when he discovers the same, or such part thereof as he shall at any time hereafter find, or hear of, he shall forthwith discover and assign, convey and deliver unto the trusties, as the Case shall require.  
And therefore the Oath of the said John Hind, shall be binding to all the Creditors, and be definitive, and concluding to them as for and touching what Estate the said John Hind hath. But that such Oath may be the more binding and penal to the said John Hind, if he falsify the same, he shall at any time upon demand at the request, costs and charges of the Creditors, answer gratis to any such Bill or Bills in Chancery, or any other Court of Equity, as the said trusties or the Survivors, or Survor of them shall at any time hereafter prefer against him for the Discovery of what Estate he now hath, saving that by such Bill or Bills he shall not be obliged to answer in what the said Sum of 5000 l. by him so to be reserved for himself doth consist in, or in whose hands the same is in.  
That Hind shall employ himself, and use his best endeavours to assist the Creditors, to get in the Estate from time to time, as the trusties shall order and command him.  
That upon his discovery and delivering up his Estate to the said trusties as aforesaid, the Creditors shall deliver up all Bills, Bonds and Specialties, and vacate all Judgements, and other Securities they have for any Debts from him to them now due, and these presents shall be a good release and discharge to him from the same.  
That if at any time within seven years to come, any Person shall lawfully prove he hath or doth conceal or shall not discover his whole Estate within the value of 1000 l. over and above the said Sum of 5000 l. for himself reserved, and his Household Goods and wearing Apparel as aforesaid, Then he will be liable to pay the remainder of his whole principal Debt to each Creditor.  
That this shall be no stop of any proceed against the said John Hind, or any of his Estate to any Creditor subscribing, this Agreement, until the discovery and delivery of the Estate as aforesaid.   

The Heads of the second Proposal made by Hind to pay his Creditors their whole Principal Debts were these, viz.  
THat he will pay each of his Creditors his full Principal Debt, in Goods, Wares, Houses, Lands Tenements and Debts owing to him, In case the other fall short in manner following.  
The Creditors to choose as many, and such of themselves as they shall think fit for trusties, as well to settle this Agreement as also to have the Estate delivered, and assigned to; for getting in and disposing of the same, and dividing the same amongst themselves, and the rest of the Creditors for their satisfaction.  
And, that within a week after all have subscribed, he will deliver in the Goods and Wares, and an Account of the Houses, Lands and Tenements which the Creditors shall accept of at the price they cost him. Which price shall be ascertained by good proof of the Persons the same were bought of, or for default thereof by his own Oath, which shall be definitive.  
That what the Lands, Tenements and Goods shall fall short of paying his whole Principal Debts, he shall make up by Just Debts owing him, a Catalogue whereof he will deliver to the trusties, within a week after all the Creditors have subscribed, and shall make proof of each such Debt being due to him, sufficient to prove the same at Law if need require.  
That each Creditor forthwith after his subscription, if he have no specialty to ascertain his Debt, make up his Account, and settle the same with Hind, That he may be able to deliver in sufficient for their satisfaction.  
That Hind his Heirs, Executors and Administrators, from time to time hereafter, make such Deeds, Assignments, Conveyances and Letters of Attorney to the trusties to settle the Estate upon them, and enable them to get in the same as they at their charge shall require.  
But no further warranty to be contained in them, than only against himself, and all claiming under him.  
That Hind be put to no charge in settling or getting in the Estate, but be saved harmless from all Charges of Suits and Non-suits in Law or Equity.  
That upon Hinde's delivering up the Goods and Deeds of his Estate, all the Creditors to seal Releases to him and his Partner of all Actions to the day before the date of the Instrument. And the Instrument to be a good Release to him and his Partner of all matters to that day.  
That this Instrument be no hindrance or bar to any of the Creditors, from proceeding at Law against him till he have delivered up his Goods and Deeds, and a Catalogue of his Debts as aforesaid.  
That if some few of the Creditors stand out, yet if the Subscribers will defend him from the rest he will perform this Agreement, and deliver enough for all as above, aswell the Dissenters as the Subscribers.  
The Major part of the Creditors adhering to the first Proposition, Hind applied himself to that and therein condescended further, That the 5000 l. should be reduced to 2000 l. and another's 3000 l. to be allowed him by 12 pence. in the Pound out of the Estate, as it should come in for his pains and service in getting in the Estate, And delivered several Copies of this Instrument to several of the Creditors, and the only thing remaining that they object to it is, that the 2000 l. should be discovered to them in what that consists, which they propose to avoid fraud. That under Colour of securing 2000 l. there be not more concealed, which as it seems fair on their parts, so it lies hard on Hinde's part, for when discovered, a Commission of Bankrupts which they are now violently prosecuting against him, may lay hold of it. Yet to remove all objections on his part, he hereby declares be will submit to that also.  
But he must crave leave of his Creditors to undeceive them, and the World, and show them that the Agents or Advisers of those few Creditors who oppose this Agreement, and insist on the Instrument of their own drawing, have put them upon unreasonable Demands. And because he believes the greatest part of his most worthy Creditors know it not, and even those worthy Gentlemen who ordered the Agreement to be drawn up, did not intent it for a Snare to him. But ordered an Instrument to be drawn up, that might have answered all their ends; to wit, the securing the Estate to the Creditor's use, and Hinde's Liberty upon performance of it. He therefore here subjoins the Heads of the Instrument, by Order of some of the Creditors presented to him upon his making the Proposals aforesaid.   

Which are these, viz.  
THat a Letter of Licence be prepared, and forthwith signed by the Creditors, and delivered to Hind and his Partner Toplady, and thereupon they to discover and deliver up all their Estate.  
That they shall convey their Estates to the trusties of the Creditors, as they shall be desired, and shall do all such Acts, and be assisting in getting in the Estate as the trusties shall desire.  
That for the plainer and suller discovery of their Estates, they shall answer one or more such Bill or Bills in Chancery, as the Creditors or some one of them shall for that purpose exhibit, and that within three weeks after the Bill exhibited.  
That out of such Estate so to be discovered, each of the Creditors shall or may have 16 s. in the Pound or more, and not less for their Debt.  
That for the speedier getting in the Estate, a Commission of Bankrupts be taken out, and when 2 s. in the Pound above all charges be gotten in, It be divided amongst the Creditors.  
That Hind in consideration of discovery of the Estate, and being assisting as before shall keep his household-goods, and his own and Wife's wearing Apparel, not exceeding 200 l. and shall and may receive 5000 l. as followeth, (viz.) when any Dividend shall be made amongst the Creditors, for every _____ in the Pound divided to the Creditors _____ to Hind till the 5000 l. be paid.  
And the Creditor's Covenant, that in Case Hind make a true Discovery, or do not leave undiscovered the value of 1000 l. and convey all his Estate as before, and so much of this 1000 l. as he shall from time to time discover; then the Creditors will not sue Hind and Toplady for their Debts for 99 years.  
Provided, that if Hind and Toplady do not make a true Discovery, and assign the Estate as before all the Covenants for the benefit of Hind and Toplady, therein contained shall be void.  
Provided also, That this Deed shall not bind any of the Creditors, unless all the Creditors shall sign this Deed by a Day, to be named then next ensuing.  
Upon this Instrument Hind adviseth with Council, who inform him the Import and Consequences thereof to be thus considered.  
That when this Instrument was drawn, Hind was a Prisoner in the Fleet, upon the Extent of 10000 l. above mentioned, and all his household-goods seized on, to the value of 3 or 4 Hundred Pounds, when there was but 420 l. due upon that Extent.  
In the Instrument the Proposition is, Hind may keep his household-goods, and yet they seized on, and no Provision made to restore them to him.  
That a Letter of Licence should be forthwith signed by his Creditors, but for no time limited, he a Prisoner in Execution upon the Extent and no provision to Discharge him, and the time the Letter of Licence from the Creditors was by them proposed to be but for so long as he could take an account of his Estate, and discover, deliver and assign it to the Creditors.  
Whence it follows if he were at present discharged of his Imprisonment, assoon as that time were elapsed the Creditors were at liberty to sue him, and he must deliver all upon Oath and not have two pence allowed him to maintain himself and Family, which is a Wife and five Children, till the Creditors have settled the Estate and made a Dividend.  
And if this be reasonable for every honest Man to do, then let the Reward be considered which follows in the Instrument: Viz. That the Estate shall make 16 s. in the pound to each Creditor, or more and not less, over and above all charges and expenses in recovering, getting in, settling and dividing the Estate amongst them, and this to be done by a Commission of Bankrupt. Now what this will amount unto is easily judged. An Estate to be managed by a Multitude, a Commission of Bankrupt to have the harassing of it, each particular Creditors Attorney or Solicitor to be gratified, or the Estate to be torn in pieces by private Quarrels and Dissensions: As many Bills in Chancery to be answered as any of them for their own private gain shall advise to be brought: An hundred and fifty Creditors to be brought to be of one mind in each particular, or till they all agree who shall be Managers, and how far such Managers shall bind each Man's particular Interest; or if no Agreement, as in such cases that is not suddenly done: Till than Hind to have no Allowance. But the Estate by delays decays and is lost, and by Lawsuits is wasted; and yet if Hind, when all help and power is out of his hands cannot make them agree, who already are divided into several Parties, and are quarrelling who shall have the dividing of the Bear's Skin, and the Estate wasted very probably above half the value by delay and unnecessary Charges of the Commission and other Expenses, and pay them 16 s. in the pound he must perish. And if all this were possible for Hind to perform, which cannot be done if the Estate really and truly would now make out 30 s. in the pound for each Creditors Debt. Then they covenant not to sue him for 99 years, which is so great a kindness, that when almost double his Debts are paid to them, and spent by them, they will forbear to trouble him but not discharge him.  
Nor is this the Case by the ill consequence that may happen only, but expressly by the last Proviso all the supposed benefit to Hind proposed in the former part of the Deed in this latter Clause is totally destroyed. For all the Creditors may sign him a Letter of Licence as is proposed in the beginning of the Instrument, to encourage him to discover and assign his Estate; but when that is done if every individual Creditor do not sign this Instrument, this shall not bind any of the Creditors subscribing, so he is left to lie in a Gaol and his Family to starve.  
Now for the Information of all the Creditors who may mistake his honest Intentions, and be misled by the Passion of some angry Men, and to convince all Men of their true Interest in this Affair, that the Estate may not be spent in Law-Suits, and be destroyed by the charge of prosecuting Commissions He gives the World the trouble of this Paper, and hereby assures them, That to this good end he is ready to comply with his Creditors in either of these ways, or such other way as the major part of his Creditors shall reasonably desire, so they will but grant him his Liberty and the meanest support for his Livelihood that hath been proposed to him; and hereby most solemnly protest, That he is still ready to perform his part of the Agreements by him proposed to his Creditors, and so he will ever be ready to comply with them to the utmost of his ability.   
FINIS.