WITH what an anxious and close Attention do Men hearken to those, who are relating, tho' re­lating in ever so poor a Mannor, what con­cerns their Interest? And how greedily do Men read, and how tenaciously do they re­member what they have rea [...], when the Matter deeply concerns them!

Now, seeing all Men are liable to Pain, Misery, and Death; to the Loss of Reputa­tion, Credit, Estate, Friends, and every Thing that is dear and valuable in Life; to the ungodly Usurpation, Tyranny, and Op­pression of their Fellow Creatures: What sort of Principles therefore, must those be actuated by, who can afflict willingly, and greviously torment the Children of Men! [Page 4]How just is the Damnation of JUDAS, who for a little MONEY, betray'd Innocent Blood?

Mankind, O shame! have placed such Est [...]m and Dignity (if you will allow the Pi [...]) i [...] [...], that a Man without M [...] ­ [...], is next t [...] Nothing. The arbitrary Va­l [...] which the Tyranny of CUSTOM has un­j [...]ly [...] Mercy, is the Reason why Mark [...] run such Risques, and embrace such Dangers to obtain it. And Men are so united and dependant upon one another in Society, and especially in Trade, that one Individual cannot suffer, but some others must suffer with him. This is the Case more especially with Regard to the Mer­chants and Traders, who are every Moment liable to Misfortunes. The Hope of Gain induces Traders in general, to hazard much, and to enterprize too deeply; but if they su [...]d, they are on Account of their Success, [...] applauded and caressed. The Ap­plause paid to some for their Success, pushes on others to attempt and venture upon such like Enterprizes.—But alass▪ they are dash [...]d to Pieces in a Moment! and the unfortunate Persons immediately deemed and calle [...] Rogues and Villains, and treated as such. Success therefore (so wise we are) seems to [Page 5]be the established Criterion to judge Men's Conduct and Characters by— [...] the Race [...] not to the Swift, nor the Pa [...] to the Strong, [...]r Bread to the W [...]e, nor [...] to Men of [...]nderstanding; and therefore to judge a Man's Principles or Conduct, to be G [...]d or Bad, [...]neerly from his Success and Prosperity, or [...]s Misfortunes and Adversity, is a very weak (if not a malicious) Conclusion and Judgment.

But as my Design, at present, is to expose the Ill-Policy and Inhumanity of Im [...]ris [...]ning Insolvent DEBTORS, I must beg the [...]ader's [...]est Attention to the [...]llowing Things.

And in the first Place. We will consider [...]his Case in a Political View: And then, [...]econdly in a Moral Light.

Now first, in a Political Point of View, the Question is, 'Whether, when a Man's Cir­cumstances are such, that his whole Estate will not pay his just Debts, it is best for So­ciety, that his [...] receive a Propor­tion of their [...], according to their se­veral just Demands, and his Person be sat at Liberty to seek new Employment; or that his Body be imprisoned for the Defici­ency, until he pay the utmost Farthing, which is impossible?'

[Page 6] Now, in fairly discussing this Question, let it be well considered, That the wise End of all Laws, is the Good of the So­ciety for which such Laws are made. Is it not best therefore, that each Member in So­ciety, should be employed in some useful Occupation, which Nature points him out the most fit, and best qualified for? But Na­ture has pointed out no honest Man for a Prison: Then consequently, those must be bad Laws, which authorize the Imprisoning any Man for Debt, who does honestly give up to his Creditors all that he hath in the World. Let any justly pretending to Ra­tionality, say, to what good End, a Debtor is shut up in a Prison, after he is stripped of all his Goods. Can his Creditors, with all their Wisdom, have more than All? Will his Imprisonment increase his Estate? Will his Confinement pay or diminish his Debts [...] or the Punishment of his Body be any Kin [...] of Advantage to them, or to Society▪ I [...] not, then we beg Leave to quere, Whethe [...] Legislators are acting in the Character [...] wise and good Rulers, when by Law, they impower Creditors to take their unfortunate [...] Neighbours and Debtors by the Throat, an [...] cast them into Prison, and permit them to [Page 7]keep their Debtors there forever? By this inhuman Treatment, an unfortunate Debtor, whilst in Prison, is rendered utterly Useless [...]o Society, a Burthen to himself, a Charge to his Creditors, a Lamentation to his dear Wife and Children, who are rendered com­pleatly miserable—and all this, because he will not pay them, what GOD in his Provi­dence, h [...]s deprived him of—After a Man has laboured ten, twenty, or thirty Years, for a Livelihood, would it not, think ye, be Misery, great Misery indeed, to have All he had in Possession, snatched away from him at once? But must the Infamy of a [...]ail be added to his other Misfortunes, and by those too, who are, in the Nature of Things, liable to the like Vicissitudes and Changes in Life!

On the most candid and cool Reflections, a Conduct like this, we are of Opinion, will [...]ot be found Reasonable in itself, or Benefi­ [...]ial to Society. For if it is best for Society, [...]hat Trade and Commerce, Agriculture, Navigation, &c. should be encouraged and [...]ncreased by all reasonable and probable Means, and which are carried on by the Work and Labour of the PEOPLE; then the Labour of the People, without which all Bu­siness [Page 8]stagnates, is the true Riches of the Community; the more People, the more Riches: And such Laws therefore, which protect and encourage Trade, Industry, and Equity, are the best Laws for Trading Societies. And can any say, That Manu­factures are more encouraged, Lands better improved, Trade and Business negotiated. Navigation and Commerce carried on with more Dispatch and Safety, in those Societies or Communities where the Creditor has such Power over the Body of the Debtor, as to cast him into Prison forever? Or, in such Communities or Governments, where the Laws free and protect the Person of the Debtor, after he has honestly given up All he has in the World to his Creditor? We appeal to LONDON, Holland, &c. where the Debtor is at Liberty, upon his paying All that he hath, and then goes to Work again with Spirit, upon the Foundation of HOPE. And therefore we conclude, and we think the Conclusion just, as grounded upon long Experience, That it is best for Society, that a Law of Liberty for Insolvent DEBTORS, should be Established in all Trading Communities.

Again: If we soundly reflect, that Man­kind [Page 9]are often unstable as Water, and Way­ward as the Wind; that they are too, too often hurried on by their Lusts and Passions, to wicked and unjust Actions; we shall then the more clearly see the Reasonableness and Wisdom of those LAWS of Equity and Ju­stice, which require an equal Distribution of a Debtor's Goods and Effects amongst all his Creditors, in Proportion to their just De­mands: For if by Fire, Storm, Cheats, or the Tongue s [...]t on Fire of Hell, a Man in Trade and Business, who is both a Debtor and a Creditor, and is therefore liable every Mo­ment to Accidents, unforeseen Casualties, and Contingencies; the Moment any re­markable unfortunate Stroke befals him, away comes his greedy voracious Creditors, who like Men of Prey, glut themselves im­mediately, not in the least caring who sinks or swims, starves or perishes: Whereas the compassionate benevolent Creditor, who is very sorry at his Neighbour's Losses and Misfortunes, and therefore cannot of himself, [...]dd more Affliction to him, by immediately falling upon him to devour him quite: The moderate, merciful Creditor, is therefore, as it were, fore-stalled, trick'd, and almost robbed of his Right by such hasty snap Dragons, wh [...] you will find always oppose Laws of Mercy Equity, and just Distribution of a Debt [...] Effects; wherefore it is, that in such Cases the unmerciful Creditor gets All, and th [...] compassionate Creditor often loses All.

Now, if this is the real State of the Case as we dare affirm it is, Is it not therefor [...] expedient, as well as just, wise, and reason­able, that, on Account of the unfortunate Debtor, who has no Place of Shelter, or Pro­tection from such hungry Mortals); and all on Account of all his Creditors, to have suc [...] Laws of Equity and Distribution made as established, that equal Justice might alway be done to every Individual justly concerne [...] which is not in the Power of the unfortunate Debtor to effect; and because, instead [...] Laws of Protection and Equity in this Cas [...] there are among us, only Laws which pe [...] ­mit Destruction and Haveck.

We are of Opinion therefore, that greatly behoves the Wisdom of the Legisla­tors, to enact and establish a Law of Liberty and Equity, for Insolvent Debtors.

Moreover, if we realize and consider, Th [...] the Fear of Man bringeth a Snare—we shall be still farther convinced of the Reasonable­ness, [Page 11] and [...] Necessity of making such a [...]utary, such a whol [...]om LAW, as we have [...]een so earnestly contending for.

Trade, we know, is supported by Credit; [...]nd Credit is to Trade, what the Blood is to [...]he Body; If Credit [...]ails, Trade stagnates; [...] the Blood don't circulate, the Body die. The Circulation in Trade is kept up, by Men's duly performing their Contracts, Agreements, and Promises; But when a Man in Trade breaks his Agreements, Con­tracts, and Promises, so that there can be no well grounded Dependance upon him, he is [...]oon discovered, bunted down, undone, and [...]erhaps cast into Prison: Punctuality is [...]herefore the Li [...]e of Trade.

Now in order to avoid sudden Calamity, [...] wounded Tra [...]siaan, on whom the Power [...]f Fear hath fallen, is led into Temptation [...]o hire Money of Usarers and Sharpers, who [...]re to Men in Necessity for Money, what the [...]ultures are to their Prey. These [...]surers must have foursold Security, and exhorbitant interest, even as much as a Thief must pay, when he is catched, which is Foursold. This [...]hocking Refuge he flies to, in order to be punctual: And when his Refuge falls, he [...]hen [...]alls to selling his Goods to Money [Page 12]Customers for 10 or 20 per Cent. Loss upon the First Cost. How in such a Case, doe [...] his Stock diminish, and his Burthen of De [...] increase! which in the Language of th [...] Dunciad, is, ‘Downward to climb, and backward to advance.’

But this is not all; for in so doing, he n [...] only wounds his Conscience, but actually cheats his Creditors. And in Case he dies i [...] the midst of his bad Circumstances, his Estate is justly represented Insolvent, and perhap [...] will not pay Two Shillings and Six Pence for Twenty Shillings: Thus the Fear of M [...] bringeth a Snare.

Again: But in Case an honest Debtor could be protected by a LAW of Equity and Liberty, so soon as he found his Business fail, and by Losses and Disappointments, his Estate would not pay above Eighteen, o [...] Fifteen Shillings in Twenty, he would, if an honest Man, make known his Circumstances, compound and settle with his Creditors, free himself from Perplexity, Doubt, Shuffling. Evasion, and the like; and thus begin the World again with fresh Courage, home [...]elt Experience, which is the soundest Wisdom, and soon find fresh Credit; and by Industry and Frugality, grow up in the World, a [Page 13]second Edition as it were, corrected of a va­luable Book. And whereas the best, and greatest Men in the World, from Age to Age, have been bred up in, and come from the School of AFFLICTION,; all his former Pangs, Agonies, and Fears, would be turned into Gratitude, Thankfulness, Circumspec­tion, and Watchfulness, and upon the whole, prove a much wiser and better Man, and a more useful Member in Society; for his Example would be of great Advantage to all around him.

Now as such good Consequences would naturally result from the above mentioned salutary Law, we leave it to the wise and thinking Part of Mankind, to say, what Sort of Men those are, who directly oppose such a Benevolent Method of accomodating Difficulties amongst Mankind, so dependant upon one another in Society.

As the Sun is to the Day after a Tempest; or Health to the Body after Sickness; or what a Bridgroom feels coming out of his Chamber, that, LIBERTY is to a broken Trader.

But before we conclude this Head, we beg Leave to answer a few OBJECTIONS. For some Men are so sond of Objections, that [Page 14]they dislike every Thing but themselves; who indeed are an Objection to all Mercy, Peace, and Benevolence.

The first Objection we shall mention is, ‘That no Man ought to agree to any Thing that is not in his Power to perform, and therefore ought to pay according to his Agreement.’

In Answer to this Objection, we must ob­serve, That in Strictness of Speech, this is impossible, because no Man has Power over Accidents, Casualties, and Contingencies, but is liable to them all, and even this Night his Soul may be required of him, and there­fore whatever is future, he has not absolute Power over, not even of himself, but is a dependent relative Being, whose Breath is in his Nostrils, and whose Life is a Span; and therefore all Promises and Agreements are in their Nature uncertain, casual, and con­ditional; and when the Power of perform­ing is wanting, the Intention is accepted: So that in some special Cases, a Man may break his Promise and Contract, and yet be an honest Man.

But he that makes a Promise with a De­sign to break it, or with no Resolution of performing it, cannot be so: And he that [Page 15]makes a Promise, and does not positively do his Endeavour to the utmost of his Power to perform it (if it is just) cannot be an honest Man; for a Promise once made, supposes the Promiser willing to be as good as his Word, and it has a binding Influence upon him who made the Promise, so far as his Power of performing extends; but if it is not in his Power to perform it, as in the Affair of Payment of Money, is often the Case, the Man cannot be condemned as a dishonest Man: For the Performance of his Promise might depend on the Promises of Others to him, on the customary Run of the Trade and Business he is engaged in, and on many other contingent Circumstances, and all might possibly fail him, tho' ever so ho­nest a Man himself.

The Objection therefore, especially with Regard to Traders, is unreasonable, and of no Force against the above mentioned Law.

Secondly: Another Objection is, 'That such a LAW (as the above mentioned) would encourage Debtors to be careless, extravagant, and dishonest.'

To this Objection we reply, That no Hu­man Laws can make all Men Good and Wife. Amongst the Clergy, some are not sit [Page 16]for their Holy Function. Amongst the Phy­sicians, some are Quacks, and of no Value. Amongst Counsello [...]s, some are of a Repro­bate Mind. Shall we therefore be so politi­cally Wise, as to have no Counsellors, no Physicians, nor Clergymen? And because some Traders prove Knaves and Rogues, must all Traders be liable to be treated as such?

Men accustom'd to do Evil, habituated to Wickedness and Villainy, ought to be duly punished. But a Man's Misfortunes does not prove him a Rogue. Nor is Weakness, In­advertency, or Imprudence, which all Men have more or less of, a Proof of Fraud, Dis­honesty, or Extravagancy; for Men are too often valued, not according to the Integrity of their Hearts, the Cleanness of their Hands, the Wisdom of their Heads; but only ac­cording to the supposed [...] of their Purses. And we too [...] Men good or bad Names, [...]greeable to wh [...] we get or what we lose by them, not consi­dering the Principles they may have acted from, or the general Tenor of their former Conduct. Such Treatment of Mankin [...], loudly speaks for itself.

How many prodigious sturdy Oaks, have [Page 17]been by violent Winds blown down, and in their Fall crus [...]ed all the lesser Trees in their Reach? And has not the Tempest of Adver­sity (in like Manner) beat so tremen [...]sly, that some mighty Merchants have [...] and almost shook the R [...]val Exchange in L [...]on! So the Tower of Siloam sell, and many were buried in the Ruin—But who da [...]e affirm, they were greater Villai [...] and [...]es, than those who secretly rej [...]ed at their Destruc­tion? And how o [...]en do we see the [...]owl of Fortune, like the [...]owl at Nine [...]ins, strike one Pin, which Pin [...] the next, who knocks down a t [...]d: [...] are shook, but some by Chance, stand [...] the Game. But are those that stand, bet [...] Pins than [...] that Fall—? And might not the Bowl of Fortune have happen'd on the standing Side first? So that h [...] that proudly standest, need take Care lest he [...].

If therefore, the above Objection hath any Worth or Weight in it, it will hold good also, against every Thing that is Good and Valuable amongst Mankind. For the best Men are liable to, and often meet with the worst Calamities; and the vilest Men, on the contrary are exalted, have Riches, Power, and bear Rule (or Mis-rule) and no Wonder [Page 18]then, their tender Mercies are the h [...]ttest Torments—Are there no real Objects [...] Charity, because there are some Imp [...]ters? Is a Man a Rogue, because he cannot do Justice to his Neighbour, when it is a [...] ­lutely out of his Power? And as [...] [...]e­lessness and Extravagancy, these are Terms of such an ambiguous and unfixed [...] that the greatest Casuists or [...] fully fix and ascertain them. For, if a [...]n of Money, and great Business, does not [...]ive away, and spend in Pr [...]tion to his Repu­tation, and magnified Circumstances, he is then deemed, and called, a hard, stingy, co­vetous, grinding, ill-natured, and perhaps too, a dishonest churlish F [...]llow; and M [...]e [...] is his God: And if such an One meets with Misfortunes, it is a Judgment upon him (say they) for his Covete [...].

But now, his Neighbour, a Gentleman of Character, Business, and Fortune, to avoid being stigmatized with diminutive Epithets and Appellations, fares sumptuously every Day, is kind to the Poo [...], and being greatly caressed, keeps up the Pomp and Dignity of high Life, in full Proportion to his Fortune and Income—But lo [...] sudden Destruction cometh upon him like a Whi [...]lwind, and [Page 19] [...] him [...] in a tempestuous Manne [...], like a House built upon the Sand! And now the open mouthed, ungodly Sons of Slan [...]er, [...], [...], and [...]. The [...] of Yesterday, are to Day turned into yelling Crucify! Crucify!

So that, in our Opinion, the above second O [...]ion, is rather a strong Argument in Fa­v [...] of such a La [...] as we are contending for, than a rea [...] [...] Ob [...]tion against it.

But thirdly: Another Objection is, ‘That Debtors would take Advantages under such a Law, by dish [...]estly concealing Part of their Goods and [...] from their Credi­t [...]s, and the Pro [...]fs in such Cases, would be very difficult [...]; and therefore the Terror of a [...] is the best Security against Dish [...]y.’

This Objection we [...], is of great Force, with Regard to [...], Cheats, and Rogues, who [...] accord­ing to their Crimes. The [...] of Society requires it, for the better Security of private Property, and a [...] for the [...] [...]eace and Tranquility; and therefore [...] Man will plead for a Law to [...] from condign Punishment: [...] [Page 20]judiciously to distinguish between the Sons of Belial, and the Sons of Misfortune. The Hurt and Damage that acc [...]es by the ad­verse Fortune of an honest Man, is perhaps no more his Fault, than the Damage which insues from Fire, Tempests, Lightning, Earthquakes, Enundations, Pestilence, and the like.—Whereas the Mis [...]hief that [...] from the Villainy and Malice of Rogues and Cheats, is premeditated and designed, and therefore ought in all Wisdom and Justice, to be duly punished. But no Punishment whatsoever, has been sufficient absolutely to deter all the Sons of Violence and Madness, from Bribery, Perjury, Murder, Suicide, Blasphemy, and the like enormous Crimes— But some remark and say, How many more such atrocious Actions would there be com­mitted by such abandoned Wretches, if the Punishment that awaits them, did not seize them with horrible Fear? Which is in effect, calling Mankind in general, cowardly—Devils; and is such a Complement upon the Human Species, that those that approve and embrace it, as Birds of a Feather flock together, are duly tempered for such Fellowship and So­ciety. And if it proves any Thing, in the Case before us, it proves too much— viz. [Page 21]That all Mankind would be ROGUES if they [...]!

For [...] governs the World? And why [...] with more WISDOM? [...] and the Rod, [...], be the GOD of GOD.

— [...]! [...], Impiety—

But we return from this Digression. It [...] a LAW of Equity, Mercy, and Justice, re [...]ing INSOLVENT DEBTORS, when they have Henes [...]y given up All they have in the World, to their just Crediters, that we are [...] for: And to put such Men into Prison, under Confinement, and as it were, upon the Footing and Level of Cut-throats, Pa [...]icides, and the like, is [...] and un­g [...]dly, and perhaps those that do so, would soon [...] [...] give all su [...]h, than a Sin of Debt.

A V [...]ain will not pay his just Debts, when it is in his Power; and therefore is justly cast into Prison, until he pays the ut­termost Farthing: And because an unfor­tunate honest Trader cannot pay, must he be treated in the same Manner!— A Righteous Man (saith the wisest King) falling down be­fore the Wicked, is as a troubled Fountain, and a corrupt Spring. Where therefore is the Wisdom, the Policy, or the Logic, of such [Page 22] indiscriminate Proceedings? And if there is no Law to prevent such inhuman, such unequal Measures, in Places of Commerce and Trade, where Accidents and Casualties are daily happening to Men in Trade, Is it not (say impartial Reader, is it not) full Time, there was such a LAW? And is not the Neglect in such a Case (we speak it with great Submission, and all becoming Deference) a very criminal Neglect? And then who are most to be blamed (if all are guilty) those that permit such inhuman Actions, or those that commit them under Cover of the Laws, which authorize such Usage to all Debtors without Distinction? With Patience hear us—Is this DOING Ju­stice? Is this LOVING Mercy? Is this HA­TING Iniquity?—But is it not rather esta­blishing INIQUITY by a LAW! Is it not a Sort of petty Tyranny? And where, and to whom, are we to fly for Shelter and Re­fuge, when under the Power of an angry, wrathful Creditor, that would lose his Soul to gain the World, or give up his Humanity in Search of his Money—? Where, I say, should a Debtor fly in such a desperate Situa­tion, but to our Rulers, our Law-makers, our wise and chosen Men, who are appointed [Page 23]and set a-part to do Justice. Righteousness, and Judgment, to relieve the Distressed, and comfort the broken hearted, and consequently to stay the Hands of the violent Man: For no­thing is bad enough for the Tongue, nor hard enough for the Heart, nor cruel enough for the Hands of a mad-headed CREDITOR, when his unhappy Debtor is under his Power. And [...] us duly consider, that POWER in the [...] of a Man, is a dangerous Weapon, and ought to be watched with a jealous Eye, and [...]ecured, as it were, in the Castle of Wisdom, within the great and mighty Gates of TRUTH, barricado'd with Benevolence—Hence it is, that the Almighty JEHOVAH challengeth Vengeance to himself, because his Wisdom is Infinite, and his Goodness inexhaustible.

But how dangerous is Power in the Hands of an inexorable Creditor! If such an One loses Money by his Debtor, tho' the Debtor's Misfortunes be ever so shocking and pitiful, and he ever so modest and honest a Man, yet his inexorable Creditor, where the Law will countenance him in his unrelenting Disposi­tion, in the Fury of his Lust for the Mammon of Unrighteousness, hurls headlong the unfor­tunate Debtor into a dark and loathsom Prison, I had almost said, much fitter for [Page 24]himself—The many shocking Scenes there­fore, of Havock, Mis [...]ule, and Cruelty, practised upon unfortunate Merchants, Tra­ders, and Debtors in England, our Mother Country, induced the Wisdom of our Na­tion, to enact the wise and healthful STA­TUTE of BANKRUPTCY— or, if you please, a Law against Inhumanity; or in other Words, a Law of Liberty and Protection, for the Persons or Bodies of broken Insolvent Debtors, when they have [...], or given up All into the Hands of their just Creditors.

And notwithstanding all the Contrivances, all the Evasions, all the Wiles, Tricks and Schemes, of the Men of Cunning and Stra­tagem, to conceal, secret, cozen, make away with, and keep back, any, even the least Part, of the Debtor's Estate or Effects, which some Men are bad enough to connive at, yet notwithstanding these probable Disad­vantages, or Objections, seeing honest and good Men are liable to Ruin, by a Variety of unforeseen Accidents, as well as the bad; yea, many, very many indeed, are the Mis­fortunes and Afflictions of the best Men. The Wisdom of the Nation therefore, with con­summate Goodness, continue the discrimina­ting Statute of Bankruptcy, because vast Be­nefit [Page 25]and Utility hath flowed from this Fountain, the Streams whereof, have made Glad many worthy Citizens of London, whose Hearts panted for these Waters of Liberty— And they have so refreshed their thirsty Souls, that afterwards they have grown like a Tree planted by the Rivers of Water, and in due Season flourished like a Cedar in Lebanon.

Experience, like Demonstration, teacheth irresistibly—And from above an Hundred Years Experience, the above mentioned Sta­tute is found Healthful, Expedient, Salutary, and of unspeakable Importance;

Because, it vindicates and protects the Un­fortunate.

Because, it encourages Industry and Ho­nesty.

Because, it distributes and maintains Equity and Justice.

Because, it favours Trade and Commerce.

And,

Because, it punishes remarkably all Fraud and Villainy.

Will it be said, and has it not been said, ‘That altho' such Law may do in England, yet it will not do in this Colony?’ This is [Page 26]too Black a Mark, and too much like the Bird that betrays its own Nest, and we be­lieve it is very unjust.

Again: ‘Many Persons will run into Debt on Purpo [...] to break, and so cheat their Creditors, and after a while appear in Trade, and [...] rich, upon their stolen Capital?’—This is just as reasonable and as likely too, as for a Man to break his Arms and Legs, to feel how [...] a Chirurg [...]n could mend them up again; and then to see how much faster he could [...]un with broken Legs than whole On [...]—That there are both Fools and Rogues in the World, in all Cli­mates and Countries, we have abundant Proof of—But are there therefore no wise, honest and good Men? And must there be no difference made betwixt them? If this is the Case, then we grant there is no Need of any Laws, for where there is no Law— there is no Transgression—For shame, offer no more such Arguments, Reasons, and Ob­jections.

And now upon the Whole, we are of Opinion, the above-mentioned huge Objection, That a Jail makes Men honest, is of no Force against the Law of Equity we so zealously contend about.

[Page 27] But Fourthly and La [...]. It is said, and it has often been [...] [...]jection to the aforemention [...]d Law, ‘ [...] Creditors are so unreasonable [...] their Debtors, as to [...], after they have h [...]es [...]ly given up all [...], and have Nothing lest to pay; because a Jail pays no Debts.’

How specious and plausible soever this Objection appea [...] at [...] Sig [...], yet the ma­ny Thousand Instances in History, of the Deceitfulness and Trea [...]hery of Mankind to­wards each other, is an [...] Argu­ment against the Force of it, in the present Case at least. Out of [...] Instances, give us Leave to mention but one or two.

First; as to Ha [...]el: When the Prophet told him what [...] Things he should be guilty of he was ast [...]nished even at the mentioning them, and cried out, Is thy Ser­vant a Dog, that he should be guilty of so great Evil—But so soon as he had the Opportu­nity (pardon the Expression) the Dog perpe­trated the Crimes so [...], with unbounded Lust and Cru [...]lty▪ [...] like an An­gel, but reigned like a Devil.

How do you like the [...] Silver-t [...]ng [...] [Page 28]much harder to stop—than to proceed; for the Subject is as Fruitful as the [...]ile. And the Experience of all Mankind [...]hes up to invalidate [...] Objection.

Moreover, the very Terms of the Objec­tion answer themselves: For, if it be un­reasonable in Creditors to act such an inhu­man Part towards their Debtors, when in the above-mentioned Situation, then conse­quently it must be unreasonable in Lea [...]sla­tors, to establish that by a Law, which the very Objectors themselves, in this Case, al­low to be just and right.

But now for Governments to presame, that every Creditor will be just and merciful, without any Laws obliging him, is pre­suming too much, and daily Experience is a flat Contradiction to the Objection. And won't it be a very weak and pitiful [...], for those, whose Duty obliges, and whose Wisdom and Power authorize them, to pro­vide all necessary Laws for the Good of So­ciety, to say, They thought Mankind [...] have acted right, without any Laws▪ [...] that this Mountain has [...] a [...]ouse.

And thus having travelled thro' our first Stage, notwithstanding the [...] we [Page 29]have met with in our Journey, by Men of [...] and inhuman Principles; we sub­mit the Case to those who are ordained to humanize and civilize Mankind: And so we proceed to our second general Head, which was, to consider the Case before us in a moral Light.

And here in Allusion to a great Author, we would say, ‘What shame to Men, who of all Rational Creatures only disagree, tho' they are under H [...]pe of Heavenly Grace, and God proclaims Peace and good Will; yet they live in Hatred, Strife, and Envy among themselves, levying civil Wars, and wasting the Earth, to destroy each other, as if (which Consideration of itself might induce us to Amity, Unity, and Brotherly Love) Man had not hellish Foes enough besides, that Day and Night wait for his Distruction—As if we were born into the World meerly to hate, and not to love another!’

But to the P [...]int in Hand.

In the first Place. The Un [...]easonableness and Inhumanity of imprisoning Insolvent Debtors, is demonstrable from the great Law of Equity: Do unto others, as you would [Page 30]they should do unto [...] there was but one Way for a Man to obtain P [...]son for a certain Crime be had committed, and that was by running a Race, which he was ca­pable of performing; but immediately his Legs are fast bound, his Hands t [...]ed behind his Back, and then he is whistled to, stroak'd, and bid to run; again clapped upon the Back, and bid to run: But it is impossible for him now to run, and therefore impossible for him to perform the Condition of Pardon. Can any Man say, he should like to be treated with such Derision and Mockery, such Insult and Inhumanity? Is this doing as you would be done unto? And might not an impr [...]oned Insolvent reply to his inhuman Creditor, as Nathan did to David; Thou art the Man!

Again: What Son of Violence has Front enough to say, he should very well like to be cast into Prison forever? made compleatly miserable; his Family poor, despis [...]d, naked, wretched, and [...], his Wise!—worse, far worse than a Widow—and his Children in a most deplorable Situation: All this, because he had been guilty of no Capital Crime, un­less the Sin of being unfortunate, is a Capi­tal [Page 31]Sin. This speaks for itself—And as no Man can approve such Treatment with Re­gard to himself, so he ought not to be guilty of it towards others, which fully demon­strates the Inhumanity of Imprisoning In­solvent Debtors. And seeing we have no Law to prevent such barbarous Usage, Is it not highly reasonable, wise, and fit, we should have such a Law.

Secondly. To deprive an honest Man of Li­berty, and the Power of a [...]ling, is Inhuman and Unreasonable.

Liberty is dear to Man. Life without Liberty, is a Kind of dying daily. Man is born free, and born for Action, and to La­bour, and has a natural Right to Himself, his Labour, and to the Air, the Earth, and the Seas; and his Fellow Creatures have not, in a State of Nature, any Right to in­terrupt him in the free Enjoyment of what his Great Creator has bountifully bestowed upon, or granted to him.

But Man in Society, voluntarily gives up Part of his natural Liberty, in order to be governed by such Laws as are best adapted to promote the Peace and Prosperity of So­ciety—But then he has an equal Right to [Page 32]as much Liberty as the Laws grant to the other Members in the same Community. But under the English Constitution, and un­der the Light of the glorious Gospel, is it right and fit to take away a Man's Liberty, his Labour, yea, his Liberty of Air, and shut him up in a Prison, because he has lost his Money, and cannot pay what he oweth; and this by Means out of his Power to pre­vent?

Again: Is it right and sit, that Christian Communities should make Laws in direct Opposition to the Laws of GOD?

By the meer Providence of GOD, an he­nest Man is suddenly deprived of all his Worldly Substance, which immediately de­mands our sincere Pity and Commiseration and Assistance; because we are under the same Law of Nature, and therefore certainly liable to the same Effects and Consequences from the same Causes.

But by a Law in the Community where the unhappy Man suffered under Misfortunes, it is there lawful to cast him into Prison for­ever—for Debt only—This loose, indiscri­minating Law, is left open, because wicked Men, by wicked Deeds, sometimes cheat [Page 33]their Creditors, who justly, for so doing, cast them into Prison: Therefore all Men, the best Men (is this right!) who owe Money, tho' the meer Providence of God, by some remarkable Accident, has put it out of their Power to pay; yet, if their Creditors please, he shall likewise be cast into Prison—Is not this therefore, doing Evil, that Good may come of it? And is not this acting in direct Opposition to the Command of God? Is it not highly reasonable, therefore, to have some Medium, to adjust the Difference be­twixt the Debtor and the Creditor?

With what sacred Rage! with what Vehemence, Indignation, and Pathos, did the Man after GOD's own Heart, call for dire Vengeance on such— For they persecute him, whom thou hast smitten; and they talk to the Grief of those, whom thou hast wound­ed, Psa. 69.

To afflict the Afflicted, to take away a Man's natural and his civil Liberty, and de­prive him of the Power of acting, and im­proving his Time, and his Talents, for the Good of himself and his Family, for the Benefit of the Community; in doing which, he so far glorifies GOD his Maker, to [Page 34]deprive an honest Unfortunate, of the necessary Advantages, is, as it were, to mur­der a Man after he is dead, and therefore i [...] unreasonable and inhuman.

Wherefore, it is absolutely necessary, for the Good of the Community, to have a Law of Equity established, which should judge between the Creditor and the Debtor, in Cases extream. Because the Tempers and Passions of Cre­ditors may hurry them on to do such bar­barous Actions to their Debtors, when unde [...] their Power, and under Colour of the Law too, that may ruin a valuable Man, his Family, and deprive Society of a useful Member; and all out of meer Humour, Will, Resentment, Spite, or Malice. It is Godlike, to prevent such inhuman, such unreasonable Power.

But Thirdly and Lastly. The Imprisoning honest Insolvents, is Inhuman in itself, and con­sequently in despite of the Christian Religion, which is the only Religion we profess to be­lieve.

Every Thing that is comprehended and implied in the Words, Goodness, Love, Peace, Mercy, Truth, and Charity, is in the most earnest Manner recommended and [Page 35]inculcated in the Christian Religion, and en­forced by the Godlike Example of its glo­rious Author, His own Example was more Forcable than all the Arguments in a whole World full of Books—And those that love him will keep his Commandments; but those who will neither believe Moses, nor the Prophets, nor JESUS CHRIST himself (in whose Words we finish what we have at present to say on this Subject) all such we [...]eave in the Hands of HIM who will ren­der to every One according to their Deeds.