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Oudenarde, Henry
An Expostulatory Letter. . .
N.Y. 1766

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Stf
YALE UNIVERSITY
LIBRARY

Bought with the income
of the
GEORGE WATSON COLE
BIBLIOGRAPHICAL COLLECTION FUND

An ExPOSTULAtORY
L E T T E R
TO THE HONOURABLE
t
Daniel Horfmanden^ Elq,
[Concerning the unnecefTary and cruel Imprifonmtnt of
Henry Oudenarde,
Late Merchant in the City of NEW-TORK.

N EW -TO R K: Printed MCCDLXVL

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^^\^ 63
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TO THE
PUBLIC Particularly the Inhabitants of
New-York.

As I have adlcd in the Charadler of a Mer
chant in this City, for fevcral Years paft ;
and at prefcnt (on Account of an arbitra
tion Award ) am deprived of my Li
berty } in which unfortunate Situation,
every honourable Propofal made by me, towards
a final Settlement, has for thcfe fifteen Months pro
ved in vain j and left thofc with whom I have had the
Pleafurc of being acquainted, in the Courfc of my
Dealings, Ihould (from my Silence hitherto) entertain
janfavourablc 'Sentiments of mc, I judged it confiftent
with my HoncJiir, to lay before the Public, the follow
ing laft^ Letter, wrote to the Executor of my late Part ner

[ 5v ]
ner, Mr. Haynes, containing th« true State vf my Af
fair, in its particular Circunlftances, as it has been
tranfafted ; From which it will fully appear, how un-
realbnably I am dealt with, and therefore beg Leave to
fubmit the Perufal of it to the Public's ferious Confi-
dcration, and am,
•with the utmo/t ReJj)eSt,
their hearty Well-Wifher,
and mojl bumble Servant.

TQ

TO THE HONOURABLE
Daniel Horfmanden^ Efq;
SIR.
NOTWITHSTANDING the feveral letters I have wrote ta
you fince my confinement, you have never vouchfafed to grant
me the leaft reply ; except the Propofalt you lately fent me,
which are rather calculated to retard, than bring matter* to a jull clo-
^ng. For why. Sir, ftould I be inrulietl with prnpodtiens, that arc
altogether foraign, and out of my power to comply with, by making
over pretended eftates in Holland^ or elfewhere? Had I what you fug-
gfcft, I fliould freely fpend it all, towards obtaining that judice my
cafe requires ; for my complaints are not without foMadation. I'he ba
lance that y«u infift upon, is an unjuft balance, ariiing as I have already-
wrote to you, in my former letters, from mifreprefeniations delivere4
t» the achitrators, from which a wrong conclusion has naturally fol
lowed ; That this is fo, I can teflify for truth, wherefore then flioulq
I have no rcdreft ? Does it confift with the office yoa fuftain as chief
juftice, to hear the complaints of the injured, and ytt not-relieve-thcm
by a candid, impartial; adminillration of juftice, but on the contrary,
turn advaf ear to their folicrtations \ Surely not. And to whom can
I addrefs myfelf, in my prefcnt fituation, but to you, who are becoma
the chief a(Siing party in my affair ; at whofe fuit, I have been detain
ed near twelve months, without the leaft profpe^ of advancing your
unreafonable demand ? For permit me to tell you from a principle mi
juftice, that thofe unrelenting meafures will never obtain your dcfire^
end> Although I am here, partly feparated frem (he world, and al-
tagether from my family, yet I zmftitt within ihe limits of that juftice
^ieh the law of GOD requires fhould be done to all men; and there
fore, till you choofe to condefcend to grant me this requeft, I (ball
judge it canfiflent with my honour^ and the character I have hitbertt*
prefcrved, in tho courie of my dealings, to remain where I am, umil
I can obtain fucb redrefs from another quarter, as you have hitherto
thought proper to deny me.

( 6 )
Let me now, Sir, take once more the liberty ta reafon my cafe
with you, fince ,'fro.Ti your filer.ct) you do not choofe to give yourfelf
thtt trouble wiih me.
As I have ilready obfsrved, in my laft letter, that I Tiave never
been engaged in law funs ; and hsve had but three arbitrations in all
my lile, the latter has e*er claimed the prcfeience with mc ; and iho'
my affair with Mr. Hayres required no fuch affiftance, yet, as he wis
p-evailcd upon, I readily acquiefced with his defire ; upon which Mr.
D  fwho was an entire ftranger to me^ was fent for by Mr.
Haynts, as a B.'ok- keeper, to examine my aFairs ; but was after
wards made ufe of as a reprefentive, in behalf of Mr. Haynti, for
which, together with examining my books, he received 300/. per
haps more than ever he has received of any pcrfon, for the fcttlement
of afFairs committed to hit care; efpecially, confidering he declared
before the arbitrators, (hat he returned my books in the lame ftate he
lia<f received them, without making the leaft alteration.
This D  , before he reprefented matters to the arbitratori
(from the mouth of Mr. Haynts) told feveral pcpple (who can be
produced at evidence) thai whilft he was examining my books at Mr.
Haynei's houfe, he found him to deny almoft every queftion he had
occafion to aflc him ; even my partnerlhip with him (although three
years advertifed in our public/papers) from which he perceived, and
abfolutely proclaimed, that Mr. Haynts was become a mere cypher,
a machine, a blank, (as he expreflVd it^ that nothing could be drawiv
fiom him to make any dependence upon ; and therefore, in my opi-
' nion, flood much in need of fuch a perfoi) ai Mt- ^  to fpeak
' for him; who exerted himfelf ftrenuoully upon this occafion, and wha,
I muft leave you to judge, could not pofiibly report the leaft circum-
i ilance but what Mr. Haynts, or your lady, muft firft have didated
to him ; yet notwithftanding, after delivering all the particulars to the
, arbitrators, upon which the award was concluded againft me, this
' D  ., was pleafed to expref* himfelf at my houfe, in the prefence
, of Mr. K.  and my brother-in-law. that if he bad, a^ed as arbi- .
ttator, he would have rcverfed their judgment, refpe^ing one 500 /,
^faid to be paid to nie by Mr. Haynts, agreeable to your lady's -affidavit
I given againft mc : This exprt^ioi^ in my opinion feeois to imply thus
much, that if the arbitrators had, in fa£l, known as much as he, and
jperceived it in the fame clea^ light, they would as certainly have co
incided with his opinion ; for it cannorbe fuppofed, that even double
ithc number of aibitrators, ccufd pofiibly h4vc l(n9Wn as (nuch as h«:
did alone. D 

( 7 )
D  — did alfo draw out a Iketch of an account at my hoiifr
(for his own /peculation) wherein ftotd all the altera'! )rs, which were
given againft mc, before the arbitiators had concluded ihc'm, viz.
£, 5O6 For a fterling bill of exchange, charged wi(hout
giving credit.
500 Said to bit paid by Mr. Haynts, agreeable to your
lady's affidavit, alreaily n:;ntion;d.
100 Said to be paid lefs by mc, and more by Mr.
Haynts, in a payment (o Mr. ff^i/liun Bsyard.
248 : 10 The diflierence between a fct of bilk ol exchange,
(for the Company Account charged st 62 & 12,
inft^ad of 85 ptr cent, remitted C.cy and M:dgliy.
18 For a tent faid to be fold by me.
30 : 12 : Intereft Money, faid to be overcharged, as paid
.  JVilliam Bayard.
jf. 1403 : 2 : In all; of which 11 54/. I2^- I have been obliged
to credit Mr. Haynts'i particular account, to augment its balance ; be-
fidea a dedu£lionL.of one ptr cent, on at leaft 20, ceo/, having been al
lowed 6 ptr cent, for what I had at my firfl acquaintance wiih Mr.
Haynts, fold for him, who indeed infilled upon my charging 7 & 1-2
for whatever I fliould after that time tranfaiSl, but we agreed at tall
for 6 ; at which, my account falet was rendered, account currrnt
clofcd, and receipts pafTcd between us ; neverihelefs, I faw Mr. D-.
 'g account credited with 5 ptr cent, which is in iatl, leaving to
arbitratien, whether or not, though 6 ptr cent had been allowed mc^
I fhauld only be entitled to 5 ; and how Mr. D  --- could ever be
acquainted with fuch hidden fecrets (generally kept private among ar
bitrators) I cannot conjecture ; unlefs his own confcicnce dictated it,
cxadly agreeing with thofc of the Gentlemen.
Befide* all thii, I was obliged to allow for every article wanting at
tbectafingof the account fates, although Mr. Haynes often took (he
liberty, in hit familiar way of friendfhip, to enter my ftore of goods
upftairt, from whence he took away feveral pieces ^perhaps fome of
his I bad for fale) and appropriated them, either for his own family,
or vcflel's ufe; of which, when it fuited his humour, I could get an
account from him, but at other times not; fo that this lofs, toge(her
with (hafe already mentioned, which, were they once more candidly
re-examined, would, I dare fay, almoft reduce that balance of
near 2000/. yau now demarrd, to a very fmall fum, and this it what
I have repeatedly requefted, as well verbally, as by letters ; but never
could obtain fuch a favour from you. Whence it has always appear ed

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fed to inc» at if Mr. Hafnts't fnaiiy, in which ydu an hew ttitr«Jiift
ced, did ever intend to take the advantage of this arbitratiMi, Ih wh
luckily fettled.
^ Let me alio add, at the time when my atfair catae to be f«i«ted !(».
fore the arbitrators, this D-  , had fecrctly referved one doubtfuf
entry to harangue upon, being the 506 /. already Mentioned, (;ind the
only one in all nay bookt) with which he opened hit difcourfe to the
gfendemeii arbitrators, notwithftandiog iys Parolk paft to nie at the
time he became acquainted at my houfe« when I delivered him my
bookt and paperi : it wat then. Sir, I agreed, though Mr. Htyiiis
. had (ent for him, to pay an equal contribation, at a reward for hit
idipartial examination, into Ihe diliMvery of any doubtful tranfadioni
which might appear to him, in either Mr. Hmjnei'% books ermine, in
«Mrdet to prevent troubling the arbitratori witii wbat'Coold eafily be
re&ified betweet) ut ; but in this he hat /candaloufly -forfeited fait ho-
tiour, and left me toconfult an entry before tbofe gentlemen^ of two
jears paft, when had ha examined my cafli account, with which He
neycrconoeroed hlBsfelf, he would tarn, have difcevered the certaintyt
of what then appeared doHbtM to ut all.
Tt>M ungea<lemen-like treatment in Mr. Z>——i.— chagrhted me
much, who, I could perceive, fpoke what -hit author had firft im
printed on his memory c Mr. tii^s wat far from being icooVcNlt
ftom thofe enigmatical difordert^ ho before laboured under 1 on the
contrary, hit denying difpofitioB ftill continued upon him, even
bofordtbe arbitrators} therefore, whatever Mr. .Mtywr'a orator did
proclaim, of courfc became naturally difcouraging to me ( at i ^ould
. not, figuratiytly ipeaking, pretend to ftem the tide of fail difcourfe^
Vut left it to run into what channel he thought proper.
This, Sir, give me leave to tell you, ii matter of faA, and what
I Aali infift: upon with my .lateft breath ; for that I have been impofed
upon, Uitu mifreprefentatient only, I can oeofdentioufly call d(dn
GOD, the author of truth, to witnefr ; and pray, what view MOld,
1 be fuppofed to have had, in delivering my books and papera to in
entire ftranger, who .carried them to my adverfary't houfe to be thete
in(pe£led ; unleft; it was from an uncommon confidence, I placctTIlt
his integrity, accompanied with my hon^ft, fincere intentions to bring
any difputed points, by that^means, to an amicable cencluiion I TMf
iingic infiance of condudl in me, has met, from the judging wottd,
widi /iill cerndemnation, as ttufting toe much, to the pewerof men,
ip tbffe deceitful dayi. ' I

( 9 )
I could enlarge much more upon Mr. D — •  't partiality, but
fball referve that for another opportunity, and only at prefent confine
myfelf, by refleiEling, that although my intentions have been upright
and honourable, and my trar(£i£liont conformable to them, ; yet I mufl
fee myfelf at laft treated equal with a villain. To be fhut up from the
commerce of mankind, deprived of my family, wounded in my reputa
tion, and left to remain at the expence of my own ruin, and every
thing I hold moft dear, as well as putting an entire ftop to whatever
concerns the intereft left in my care, by being debarred of thofe mea
fures neceflTary to be taken for the recovery of them ; and pray, for
what .' Let me again reflefi ! Have I been diihoneft, carelefs, extra
vagant, or made myfelf worthy by any vicieut courfe in life, to de-
ferve this ufage } This, Sir, I (hall leave you to anfwer, as by either
of which, I muft ftand, or fink beneath the public's notice.
Let me now take the liberty to recount my tranfadlions, fince the
arbitration award wiis concluded againft me. ,
From Mr. D  's information to the gentlemen arbitrators, \
was obligated to pay, agreeable to the award, 4550/. within fjjc
months from its date ;. which it was impradlicable from the nature and
fituation of my afTdirs at that time, ever to have completed in lefs
then two years at leaft ; notwithftanding, I received and paid, withia
twelve months, from that time, upwards of 3300 /. as per fundry ac
counts, fairly rendered to you, at Mr. Haynes's houfe, in the prefence
>of Mi. Lewis ^nA Mr. D  , who examined the vouchers; and
upon which you feemed to be altogether well fatisfied. I alfo remem- '
ber, that in a friendly manner, you defired the continuance of it ;
but to my inexpreffible furprife, the next day, or two days after, I
was publicly anefted in the ftreet, in an adlion of 10,000/. for the .
non- performance of the|award : And what did 1 do after all this bafe '
ufage .' Why, Sir, I procured bail in the firft place, for my appear
ance ; and fecondly, I went on, paying away, at faft as ever money
came to my hands ; to the value of feveral hundred pounds, and
which, from fuch ungenerous ti^atment, few men, but would inftant—
ly have put a ftop to any further payments ; yet it had no efle^l upon
me, for had more money been received, more would certainly have
been paid ; but when my debtors, through decay in trade, became
ilovv in their payments, it was impoflible for me to difcharge my en
gagements any fafter than they would give me leave, as all my de
pendence refted upon them ; and this I can produce from my books,
which fliall ever be at any gentlemen's perufal j for next to GOD»
they are the trueft evidences in fupport of my caufe, and I dare with
f^fety afHrm, that, I have as m.iny vouchers belonging to them, if
b not

not more* Chan ilew eai|. produce ; and this, I prefa.mcv will not be
fiH|^utU'a<« vanity id o^e to (ay^ tince it is but rcquiiite it (hooMi
befo. " ThSi Idads me'to eonfider, what view, c)r motive, could ever have
i'ndaceU ybu.^Sif; tb id To inconfiftcnt with Udlice, equity, humini*^
S, iM every dtber' rational endowment? For could you .fuppefe,^
at if the Am ytiii demanded was juftly due, it would ever be paid.
iere ? And from the exectition laid upon me, you feemed almoft to.
have expeiAM it. Or Cduld you pofiibly imagine, that by my being
here, I fliould nive a friend that would have advanced that liim for
me i If either of ' ihefe #as fout opinidn o^ fudgthent, give me leave^)
Sir, to tell yoa, it was wrong founded : No fuch tiittaiices in this,
country have,''t Sllieve, yet ever been produced ; thai friends, either
•ut of regarti tb relittibnmip, friendfhip, honefty, or from the difpu-
Xf.d matter, though able, ftrained to that degree : Thej may pity one's
cafe, but that it deemed enough : It is true, that Mr. it- — ofTcrtd
ipe,(nnlbliotedjas far as tool- incafii', or 16o 2. coiild reach, by way
' of -fecority, hutl thaphcd him, it I did determine !n fiich a cafe, tp,
counter (ecure Kmr, itrhich feCurity, I iMftamly rccotleAed, to be lutly
Afficient for your demand, (hauld wi VaVe come to any fi^ttleipent., .
Whilft Ilrave h^d occuibn to m^hfion hit name,' I cannot btit with^
irtlonifhmerft to myfelf, eonfider, how much my friend has been em-,
|!lbyed by you, fince my imprlfontnent ! How much he feems to be'
ijiterdled in yo^if fivpur, and'hdw little he hat been able to prevail
«pt>nirl»U, ,|iot|krithibndirtg all the fair offers made to you, fince my'
rcfidiinde HeftT For fathir than to have continued any loneer, at my
firft ^^mlng^'t ertjhgcd to' deliver every thing I wat poHelfedoff', (ii^9^i
<n^ if requiicfl} mtb a thiVd perlbn't hand, for, our j:o!i\t fecuriiy,!
This my friend, if he pleafSt, can tdfiify, for t would not have 1i)iii,
tb'fiicbr youir dirple'airure, upon aiiy a'ccount whatfoivek', nor would he
himfelf (tb^hgh fotlrteen years frfe'ndlhip proff^iccl 'for me| run th>
leaft; rifquedflit : A't^ why 'fliotird be f A goal, it the finilhing pf the
liw,'^d ^lendflirp; leemihgly, ajfo ; for fince my confinement, 1 have.
feen this hut too;f too ! maniffcftly confirmed.
' Let me now eonfider my deplorable fituation for thefe 1 1 montht
paft, ref)>eding^ the affairs left in my care, at well for Mr. Hayntftf.
at my own particular account.
There is upwards of 76O0/. outftanding debts in my books, of
whifji I have revived in all, I. and paid away, at per recc|ptf»'
- /. the remainder, ftill to Be cellefied : This in the firft inftanciSK,
I'll proVe to be a detriment to me, fince had I been at Liberty, at.
kift iboo /. ire may well fuppofe, would have been received and .
paid'

¦dm.

( " )
paid. How have my affairs been carried on at home without me i
'Nothiiig has been f>>IJ, of any value, but in the interim, a cargo of
wines have pcrifhed for want of my prefence to look after them , and
what'is worfe, they have been bou^fht, but not altogether paid for; this
in the fecond inftance, proves a double lofs. In the third place, fome of
my debtors are gone off, whilft 1 have been confined ; and for me to
apply to a lawyer, to fend m purfuit of them, or fue my other debtors,
1 believe, I fhall feldom or ever do again ; for that 1 have already
tried fufficiently with my friend K  , who, fince the arbitration a-
ward, has had at lealt five or fix fiiits to manage for me, but never
was fortunate enough to recover me a farthing.
Let me now reeolleil in what manner my engagements with Mr.
Haynes ftand zSeSted, as being fecurity for him. oil hit particular ac-
pount upon bond, ilfe. which amounts to near double the fum his un-
juft balance comes to.
By me. Sir, nothing has fince been paid upon thofe bonds, to leficA
either principal or intereft, confeqgently, a daily increafe of the latie^
has followed; and how, or which way, I can ever expcfl to be dif-
engaged from them, lies as a great and weighty point (o be confidered
by you : Let me for once fuppofb, and equally infill with you, upon
your balance to be paid .agreeable to the award ; that would ftill leave
me upwaids of looo/. in fecurity for Mr, Haynts ; and as from what
you have faid, that his eftate left you no ready cafh in hand, to dif
charge his debts ; which way then, permit me to afk you, could you
exptdi to fettle that matter with me > Perhaps you might have power
as an executor, to make over Mr. Haynes's houfes, though that re
mains a query with me, and fo by that means, leave nie ftill c^tpofed
fo wait until Mr. Haynts'i outftanding debts, I have in hand, can be
coUedled to reimburfe myfelf; this Sir, give me leave to tell you, would
be a poor expedient : I could never confent to it ; nor would it fuit
thofe gentlemen who have thufe bonds in pofTeffion, for they are daily
prefling for the money : Ergo, from what I have obferved, I fhould,
ftfter fuch a fcttlement of your demand, be ftill liable to be arrcfted
for the overplus of loooA and be put again from whence I came ;
this would of courfe be the conlequence of the cafe, if fo fettled.
But attain, on the other hand, as I do not owe fo large a balance to
Mr, Haynes, I could latisfy his juft due from my books, befides which
I can folemnly declare, I have nothing to produce, as they will 'dif-
cover to you all 1 am pofTefled with, eveo my furniture, which you in
filled upon, or at leaft Mr. K..,.. wanted an account of to be preV
fented to you, for, yquf .bare iqfpedion, as no ufc, he thoughi-
^ould be made' of it to my prejudice; ctiit, however, Z would at any

( 12 )
time be honeft enough to render you a faithful and cxacl account oflT,
provided your demand was eouilable, and my effect fhould unfortu
nately fall fliort; but of that i am not the leaft apprehenfive, from the
ilate of my affairs, (unleft, indeed, my debtors fliould one and all fail
me; it therefore fupercedet the neceffity at prefent, of taking that
trouble ; and from all which, it muft plainly appear to you, that
whatever your demand, (from a juft fcttlement) is lefliened ; of courfe
muft leave the bonds fo much the mote open to me, confequently Mr.
Hayiut't eftate, falls from that confideration, confiderably more in my
debt as fecurity,
I cannot here help reQefiing, that, notwithftanding, all the money
borrowed and taken up for Mr. Hajntf% account, during my partner- ,
fhip, wat particularly defired by his family : This, Sir, your lady
muft be fenfible of, although (he partly denied it before the arbitra
tors, when flie dedared, that it wat not long fince flie became ac«
quainted with her brother's having joined in company with me; which
to me became nothing furprizing to hear, as Mr. Haynts^ (already men
tioned) denied it for hit own part : But GOD, the only fearcher of
hearts, knows beft, what plan Mr. Haynts had formed by himfelf, at
my firft entering into company with him ; when he wrote to his cor-
vcfpondents as follows. Tht gnds to btfiipptd to himtnly, my namintt
t* bt mtntimtd in tithtr iitvoict, «r Ml tf lading. This now feems to
put on the appearance of a premeditated plot, long fince defigned, »i
it were, to make ufe of when opportunity offered ; well knowing,
that no written agreements were paflcd between us. In that particu
lar, I have myfelf to blame, though 1 muft confefs, it arofe from too
high an opinion I entertained of Mr. Hajnes, before I had an opportu
nity to be ftilly acquainted with him ; 'This, however, I can fay in
iiipport of it ; that our partnerfliip was neverthelefs carried on with
mutual regard for each other, and refped to his family ; for I do not
remember of the leaft jarr or difference to have arofe in all our etigsge-
ments. It came all at once, iit three months, after having delivered my
account, juft at the time Mr. D  arrived ; it was then, my com*
miffion charged, became the main otje^l in their view ; and it wat
fuppofed, that all ( had tranfa£led for Mr. Haynts, could have been
done by any perfon, for loo or 150 /. ptr annum ; and though the ar
bitrators allowed mie upon the whole for Mr. Haynts'* account 17SQA
21. id. yet I now find that from thofe raifreprefentatloni delivered to
the arbitrators, (for which I have been obliged to make a dedu£lion in
the ftaie of my aff'airs) has at laft reduced my commiffidn, upon an
avarpwe, to am'>unt -to near what they would have. Thit, Sir, it all
1 thiil at prefcnt fay refpe£ling my affairi with Mr. Hajnn,
' Whit

( '3 )
What further concerns my unfortunate fituation ? I find myfelf en
tirely difabled to purfue any meafures for recovering my kfl'cs already
fullainedi and which are ftill daily incieafing upon me, in fuch a
manner, that a total dcflru6tion. feems almoft, unavoidably to follow.
Thi«. Sir, wants no great ftgtcity to forefee, although I have honefl-
ly offered you all I have within my power to give; which offer, hat
more than once been made to jou, although my friend A  , had
forgot to tell you of it. The laft time he took the pains to fend for me,
which was three days before the expiration of the execution writ,
when I came to his houfe, he brought me into his front parlour,
in the dark, and there told me of your defign againft me ; upon
which I informed him, of my final determination, refpeaing your
demand ; with which he feemed to be very well fatisfied, and promi-
fcd that without fail, he would, together with Mr. Livingfitn, your
attorney, report to you my anfwer, in order to wave yaur intentions
againft me; notwithftanding which, he never let me know, that the
writ would be expired within three dayt, nor did he ever acquaint you,
with my determined refolution I
All that I can fay refpeifling the law and its execution is, that ha
ving never meddled with it before, I have, confequently, had no oc
cafion to be concerned about it, any more, than as the law implies
juftice; fo 1 have endeavoured, in the courfe of my dealings, to fatif-
fy every demand made upon me, without that law, which com
pels peoplfe to it, who are otherwife inclined ; of this I am fo well
afTured, that fince- my eleven months confinement, I have had no
creditors to difturb me, in my melancholy habitation ; and why
i fhould not have been difpofed, to have fatiified your juft demand, as
well as theirs, cannot appear from my ofFexs : Hence then my con
finement feems to proceeds, from a fpirit of refentment in your lady ;
and a plot laid, in which one perfon, whom I fhall hereafter, occafi-
onally defcribe, has a(5led no .fmall part, to my no lefs aftonifhment ;
for his behaviour points it out, in every refpe£l, and hit looks are the
index of his deceitful hearr.
As it is a principle fixt in nature, ts make the moft of every thin^,
why Sir, -fhoirld I fit here any longer, wafting away my fubftance ?
MuJ} I be convinced, of whit I would not choofe to believe .' I have
been frequently tc^d, fince my imprifonmcnt, from thofe, who would
fain pity me, that fince I am unluckily (alien into your hands, my cafe
feems upon that fcore the more deplorable : They fpeak figuratively,
and fay, that as I have now my hand in the lion's mouth, 1 mufl
draw it out as eafy as pofKble ; at the fame time, they tell ine, that
jour heart is moft obdurate, that you have no bowels of compsfHon,
^ that

( '4 )
that one may at well endeavour to move a heart of ffone, and fuch
like metaphorical expre(Iio:is, which are far froot explaining juftice all
ihe while ; and yet, without that juftice I fue for, it will be ^mpolTible
to bring matters to a conclufion with me ; for no reafon can be affign-
cd, to fufrer impriftnment, and pay a falfe balance befidet ; either of
which, is too m>jch, for a man of honeft principles to bear ; if an
honeft man cannot pay hit debts abroad, itfurely it not likely, that he
will be better able to fatisfy his creditors here, of all places ; for fuch
a man, a gaol ought to be thought of the laft, fince he becomes, from
the moment he i^ brought there, immediately incapable to help him
felf. The ilate of hit aff'airs, that inftant, put on a difmal melancholy
gtoom, becaufe every thing, he is pofFefTed with, (by fuch a rafli ftep) is
thrown Into confufion. His family, (if any at home) are forefy afHic-
ted, and amidft thit deftruAion, it obliged to call upon his relations,
friends, or acquaintances, for affiftance ; and what are thev together
able to da for bim in fuch a fituation, to what he himfelf, (\f at liber,-
,tvj could do? Their help niuft firft be fuited to their feveral circum-
ftancet, which cannot t»<t be allowed reafonable, as well at natural;
for though a friend, might ne;;le£t hit own bufinefs for opce, to ferve
hit friend, yet it cannot be.expedled, to continue during,h>s ftay ; in
to what a wretched Hate then, is fuch a man brought ? And fliould he
be f} unfortunate, as to be negletSed by hit friends, (which it too often
the cafe) he then muft appl^ to ftrangers, at a Si^eat expcncv and rifk;
and yet notwithfUnding all their vigilance iq the aff'airs committed to
their care, it is too often, but half completed, and three times the
fpace required for the execution of it ; which add.s no fmall vexation,
to his aS:^£d condition, efpecially to a man pofFefTed with any degree
of fpirit, to fee himfelf thus difabled, who did every part himfelf.
Befid-.s, in what a perplext ftate or fra.Tie, muft we alio fuppefe hit
mind to be, who daily hears of the decay of his afFairt abroad,' which
none but himfelf can properly manage f And can it poffibly be imagi
ned, or expciSlcd, that Re can cumpoli; hii thoughts fo as to write and
tr»n(»& bufinefs from a gaol ; where he finds himfelf furrounded with
diftreflcd objcAs, continually prefented to his view, from whofe mer
lancboly fituation, nothing but the voice of poverty is heard ; and
from which, fome are finking into defpair, whilft others are rufhing
into vices of every kind ? How terribly (hocking muft thit prove to an
honeft man, unufed to fuch a way of life ; who perhaps, with care,
attended bis family, and who fought for nothing but a comfonable
fubfiftence, free from idlenefs, that deftru^Jive toot of all evil ? And
tyei fliall a man, who has to do with an unielenting creditor, who can
% 'wort with calamity, and it deaf to all intreaties; Oiall he choofe IQ
'ttoiten hit days from fuch cruelty conuuitted on him? No, GOD
fotbid !

a

C's

C'

fprb'id I Let him flill. Ji U% diSreittd AaMdhR#ever iiftn^lVm^**
to him, look tu that father lif, otcrcics aiu %iUD of all ,Caa/blation«,
who as a divine infptred atiieQIe writes, will yet in^hii 9WB.J|M tira«
deliver him from hi* afllidiotM, and make evesy thing togilQar verk
for his good, piovided iic obferves his ftatutes, and keeps bis^airs. ,
As tomy particular circumftance,; fince n^ confinement, I have
experienced but too much, the fad truth, of what I have.juA menti
oned ; and though fome people would perfuade we, (bat aow I am
here, I lie at your mercy, yet I defue none from you ; all I iotercedo
for is juftice, let me obtain that, and 1 will be fatiified. Why fhould
y&u anj looger take the advantage my fituation, at prefent, gives you
over nge ?, 1 am too well convinced, that ii has been a fcheme, long
premedi^ted by your lady ; i)ie has aimed to deftmy my charaAer,
even abVoatl, which I can fiificicntly make appear from letters recei
ved of my cortefpondeats ; Shall I then,from my unhappy confinement,
be^nd^rhi relating Aefe fa£ls to you, and tamely fubmit under my
^tjwig^f Thit may become mean fpirited wretches^ through fear or
Cagjlirdtyiq ; hut let fuch hugg their chains and fetters, frtya their ab-
jnFmlndl, and remain infenfible of the injuflice don* them : The
crucl||f,ktel]BLfKHBmitted, by your order, to my wife, lies too frefh in
my ^eoiorjipiiot to be noticed here ; when you fent three conftables,.
to feize^upjn my fiirniture, whicli they immediately put in execution,
and lilMfipians, took down, whatever they faw haaging, as well as
opencd>Qi£clofets and.ei^utoret, to ouke an inventory; this fiidden
andfiiivii^imable proceeding^ 'without the leaft expe£lation, fbi fright
ed f||ei^^' tlU|, it almoft threw hefinto fits ; upon which unheard of u-
fage, and Idling three confiabhts enter my houfe, the neighbourhood
was raifed to lie IpeSatoirt of Jtii bafe proje£l, folely^^ntended to make
her itey the rent three dayt bS|£e Mm, or ohNp her to find fecurity,
by v4og a note for the money, n-JS^fM t.PP^^y ; whereupon in
her M^efTed fioisiion, not knovri^ which wlpm manage, fhe fent
immediately to my friend K...... toconfult with him, who came in-
ftaiitly, tod pretended to bf muchcgyerned at this illegal proceeding ;
but could find no law to ftop its glregfefs, fince it was by your f|iecial
authoiby, all was done ; he however, would apply to you, to fee, if
poflible,.he a>uld prevail fo much, as to let my brother-in-law, give
hit own note for the money to be paid at May day ; which juft «n-
fwered the fcheme you had in view ; and he, from the afiliiSled condi
tion my wife w'as in, readily complied with your dcfire ; upon jivhich,
the conflabks were difcharged by Mr. K,...m,^i::d paid for their
Uouble. This

h6 )

Xi Thithmpom Uti^ttiSi^ defecfiiy noi^titr name ; coufd
Britijk l|ws,^m all the volumes hithferto extant, be ever juftii
md iajn^reHaffiitcdi, that if inAcad of my friend .XT...... forfunehad
befrwaiayne, with dfher the former fFJttk Ttwer, Indtptndtnt Ri.
fit^,' ^^rtfffnt Sttttintl, they never would, from the r^g^d each
eiWTciies for liberty and property, have fuflvred fuch arbitrarf<procee-
diNJ^to have been iflued out againft me, without immcdiat^^jiutting
a ftop tb itjbefidcs giving it a place in their weekly perfoimances. Hit
Majeffy«< at whofe pleafure jrou prcfide as 'chief juftice, in thii.pro-
vince, hat never allowed a Commiffion, for fuch unlimited' po#cr, to
be exetcifed over hit fubjeds ; why then. Sir, ihould you triu the
advantage of my fituatiou^^lft confined ; after fending mijwr own
pUb^fals, (wrote with^Sr own hand) in which you beginii^ the
payment of 80 /. for the houfe rent. 'That propofal, 1 agreed "to, and
accordingly acquainted you that 1 ihould be pun^^l to <fae ttQie pre
fixed, and upon which I refted lecure : Had youy Sir, adleiln;'"-^
gorous manner, as well three days after, as bef(pe May, in f|
my pofitivc engagements, 1 fhould think myfelf deferving of no
ufage, and it would at the fame time have juftified vou^^here
muft now ftand condemned, by every honeft heartet^Keli-W^lfting'
man. J
I could fay much more upon thit fubjcc^, bat left I flii
ry to ^eod breeding, fuffer my pen, from top much
this occafion, to forget its charge, fhall therefore orJy fi
that fliould you be inclined to come to a'^juft fcttlement
hearty eiMeavourt fliall not be wanting to forward the
fliould you on the contrary, ftill perfift^m your deterxn!
of my complylh^with your prbpofalt'; nen giVe me lei|<
you, from an honefl^ h^\,''that 1. ihaUnooner faefifiCe^KereMjMRUr
of my life here, thai^Mfubmtt to*^y inore iiijuftice, than l^i>,**wl*;
ready experienced ; arRFas my requ^ confifts with the rules ijifpo-'
nour, equity, juflice and humanity, becoming both the man angpie.;!
Chriftian ; I fhall expedl that yoqfMll the, More readily com^yV'th ;
my earneft defire, as becoming the"^ffgnity of 'your office; and as I'
have wrote nothing but the truth, whitih, however, iris often iiiS,h?i '
not the privilege to be fpoke at all timet, yet, my prefent filiation, I '
dare fay claims that liberty. -.a^jj '
¦£xcufe the length of this letter, and bcHeve metobc, ¦?
• s i.R, _ _ _ \-^ ; :;' ,;
' • . Tour ir.ofl injured . and-mtft obtbient bumhU Sirvaati

eontra- upon
obfgye,
irk.s:'»ut
xitmmn tottei:

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YALE UNIVERSITY LIBRARY

3 9002 01427 lOtfi

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