REASONS Humbly Offered to the Most Honourable House of LORDS, Against Repealing the Act for Relief of Creditors, by Making Compositions with their Debtors, in Case Two Thirds in Number and Value do Agree.  
MAny of the most Eminent Merchants and Traders of London, Petitioned this most Honourable House several Sessions successively for the said Act, (which is now Endeavoured to be Repealed) and others Certified under their Hands as follows, the Original of which Certificates was about April, 1694. delivered to the Right Reverend the present Bishop of Salisbury.  

I William Popple do Certify, upon many Years Knowledge and Experience, that in France the Majority of Creditors obliges the Minority to submit to the same Terms that they have accepted of.  
I William Cranmer do Certify, that I have resided at Antwerp, and that if any Person fail there, two Thirds of the Creditors in Value agreeing with the said Person, doth Oblige the other Third to accept of the same Agreement, and that at Amsterdam it is much after the same rate, I having dwelled in Holland many Years.  
I Charles Peers do Certify, that when I lived in Spain, have Experienced the Major Commands the Minor in the above Cases.  
I Thomas Morice do Certify the same as Mr. Peers.  
I Obadiah Sedgwick have been Concluded by the Majority of Creditors in Agreements made at Amsterdam with my Debtor there, which I submitted unto in Conformity to the Custom of that Country.  
I Ralph Lee do Certify, that when I lived in Italy, have Experienced the Major Commands the Minor in the above Cases.  
I Samuel Watts do Certify, that when I lived in Spain, the Majority of Creditors obligeth the others to Comply with what Compositions are made by the former.  
I underwritten do declare, that in Holland is a Custom, when two Third parts of the Creditors do agree, the others are Obliged to follow the same, John Liestinck, J. V D.  
I P. Raoul do Certify, that I have lived in France and Holland, and that the Custom of both those Countries do Oblige all the Creditors of Persons failing, to abide by the Agreement of the Majority in Value of the Creditors.   
It may reasonably be be believed, did not England more unmeasurably abound than Foreign Trading Nations, with Gentlemen of the Robe and Quill, Commissioners of Bankrupts, Clerks, and Solicitors, whose Fees and Perquisites increase as Suits and Proceed multiply, Endeavours had not been used for having the said Act repealed, which is found by the Experience of many to be good and beneficial, as appears by the Petition of several of the aforesaid Merchants, upon which a Hearing was Ordered to be at the Bar of this most Honourable House against the said Act of Repealing, by which said▪ Petition is plainly showed,  
That by Virtue of Agreements and Compositions, already made and perfected pursuant to the aforesaid Act, many have received considerable Sums of Money, which, without the said Act, they were never like to receive, by reason of the Refusal of some few dissenting Creditors, and the Incapacity of Executors, Administrators, Guardians and trusties to Compound.  
That much more Money may be received by Agreements and Compositions now on foot, which are already subscribed and sealed by several Creditors, their Executors, Administrators, Guardians, and trusties by Virtue of the said Act, and might be perfected in some reasonable time.  
That the best of Laws have been, and may be abused, and if this Act for that reason should be repealed, all the good Laws in the Statute-Book may for the same reason be repealed; and by repealing this Act, not only the Power given to Executors, Administrators, Guardians and trusties to compound, but many Agreements and Compositions now on foot will be made void, and much Composition Money utterly lost.  
'Tis believed, that not any Composition or Agreement is made, but what some Lawyer, Attorney, Clerk or Solicitor, had a hand in the making thereof for his Client, and if any Fraud be committed, it may be attributed rather to the Knavery of the Person employed than the Client, or that the Persons offending are not Exemplarily punished to deter others from committing the like Offence, and if the Law be deficient in any point, it may be, in that there is not some severe penalty to be inflicted on such as give their Clients Evil Council or Advice. For although the Penalties and Punishments are very severe against all Compounding Greditors, as well as their Debtors guilty of any Fraud; yet there is not any hath been Convicted, and until they be upon a fair Trial, it is more charitable to believe, rather the Prosecutor than the Prosecuted to be in the wrong, and if after the Conviction of Criminals, there is an Equity lodged in the Breast of his Majesty and his Judges with Mercy, to moderate the Summum Jus which is Summa Injuria, why should an Act be repealed before any Persons criminated be duly convicted of the Crimes imputed to them or the Innocent suffer for the Nocent.  
The Act only directs the Party or Parties to be Summoned, at whose Suit or Suits, the Debtor is detained in Custody or Prison, which might be done with little Trouble or Charge, but the Judges obliging the Debtor to summons all the dissenting Creditors, tho' at great distance from one another, which is a thing the Prisoner not being able to do himself, being under stra●t▪ Confinement, was therefore put to a great deal of Trouble and Charges, and forced to employ whom he could get cheapest to serve the Summonss, and if such Messengers to save themselves the Trouble of serving many, or upon any other Account were Tardy or Negligent, which way could the poor Man confined in a Prison help it.  
There is little Doubt to be made, but that the Number of Persons which absconded, and such as lifted themselves for Soldiers, to avoid Arrests, were far greater than the Number of Persons arrested or in Prison, and few or no Compositions or Agreements with any Debtors, other than such as were Arrested or in Prison came before the Judges, so that several thousand Agreements or Compositions may be made, and Complied with, of which the Judges can give no account: And if an Exact Account were required, of what Prisoners they have Discharged, 'tis believed not Five in a Hundred will be made appear to be fraudulent; and shall Ninety five fair and honest Compositions or Agreements suffer for Five, seeing the Persons discharged upon Fraudulent Compositions or Agreements, are subject and liable to be Arrested again for the same Debts, besides other Penalties they are to suffer for the same Offence.  
Some Judges now refuse to grant Summonss, and others have granted some, which have been duly served, at the Excessive Costs and Trouble of the Prisoners, yet refuse to do any thing for the Prisoners Discharge, without showing any other Cause than that the Act will be repealed, altho' all Agreements and Compositions made before the Time limited for its Repealing are to stand good, and if they will not discharge Prisoners upon such Agreements or Compositions before the Act is repealed, what may honest Debtors expect in case any should be arrested hereafter upon Agreements or Compositions fairly made, according to the true Intent and Meaning of the Act, and which none of their Creditors have yet questioned.  
The Losses many have sustained by the late War, and Casualties of Fire, etc. which could not be avoided, and the poor Soldiers and Seamen disbanded are real Objects of Charity, to plead for the continuance of the said Acts, and none burr Gaolers, Attorneys, Solicitors and their Litigious Clients, would keep poor insolvent Debtors starving in Prison, who being at Liberty may get Business or Employment, to maintain themselves, and keep their Wives and Numerous Children from being burdensome to the Parishes, and to pay and satisfy their Creditors, all or some considerable part of their Debts, but this Act hath lopped off many Suits, and therefore the Gentlemen of the Robe and Quill make it their Business to have it damned and stigmatised, lest another more Beneficial to the Public should be grafted thereon.  
It is therefore to be Hoped, the Premises Considered, this most Honourable House may think fit to Continue the said Act, and make the Execution thereof more Easy and Beneficial to both Creditors and Debtors, no Agreement or Composition being binding by Virtue of the said Act, but such as are made, and subscribed, and sealed without Fraud.   

REASONS Against Repealing the Act for the Relief of Creditors, etc.