An Humble ADDRESS WITH Some PROPOSALS for the Future Preventing of the Decrease of the Inhabitants of this Realm. With Allowance. Ro. L'Estange. LONDON, Printed in the Year, 1677. Proposals for the Future preventing of the Decrease of the Inhabitants of this Realm. FIrst, it is most evident, that this Island is so fertile, and so productive of all sorts of corn, flesh, and fish, and all other things necessary for the maintenance of its inhabitants, that it can maintain thousands more, than it is now peopled withal: 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 Kingdom, both in peace, and war, consists in the multitude of its 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 rendered either considerable or inconsiderable amongst its Neighbours, as to Alliances, etc. So that it seems to be an affair of the chiefest concernment, to prevent the decrease of the inhabitants of our Nation, and to propose a certain and undeniable method how such a public 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 public 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 itself, 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 itself 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 criminals, being thus acquitted either by the King's 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, etc. 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 King's 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 terror of these sufferings, more dreadful 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 Seamen, (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 expenses so long as the stock of their Wages last: that being consumed, they venture further upon their credit, in hopes of a succeeding employ, of which probably failing, longer than 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 foreign Nation, as France, Holland, etc. 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 Country, probably having more strong engagements of wife and children to oblige them to another Nation. Secondly, The artificers, or handicraftsmen, 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 Country, 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 subsistence 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 Landlords, which though sometimes 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 ruin of their miserable Debtors, which severity puts many Countrymen, (the want of whom causes such large tracts of ground to lie unoccupyed 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 loss both by Sea and Land, than 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 herself, 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 Country. 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 are imprisoned, deprive the kingdom 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 passed, as ten thousand persons, one year with another, which in that duration of time, amount to two hundred thousand, besides that increase, 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 public 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 assign it to his Creditors or other trusties 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, Shopkeepers, Graziers, and all such whose employments consists in buying, and sellings, Bankrupts, upon sundry accounts, and for divers 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 parallel them, by which inhuman causes, they bring no advantage to themselves, but ruin to the person they prosecute, and are the cause of a certain damage to the public. 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 kind and merciful, to be contented with the debtor's 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 ruin. 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 foreign parts, by which the Creditors were deprived, of what they might have had, the King and Kingdom, 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 disposal, 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 all these mentioned inconveniencies, both to the public, and particular persons, it is humbly proposed, that there extreme rigour of these Statutes be mitigated, which will much tend to public 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 Personal, Real and in Reversion, and deliver up all their Books, Bills, Bonds, and assign 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 find that the Laws of any place, confine men to a perpetual 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 ruin the debtor if any contingent cause should hinder the most exact payment, let such keep their moneys, and commodities, till they can dispose of them to their own minds, 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, , etc. 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 oftener 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 read industry. FINIS.