LA
CAUSA PRAEDIANA,
OR,
The CASE of John Praed, Esq;
WRITTEN
In Gratitude to GOD,
In Perpetuam Rei & Veritatis Memoriam:
AND
Humbly Dedicated to his FRIENDS;
In Opposition
To the False Reports of his ENEMIES.
I will thank thee, O Lord and King, and praise thee, O God, my Saviour, I do give Praise unto thy Name.
For thou art my Defender and Helper, and hast preserved my Body from Destruction; and from the Snare of the slanderous Tongue, and from the Lips of them that forge Lies, and hast been mine Helper against mine Adversaries.
And hast delivered me according to the Multitude of thy Mercies and Greatness of the Name, from the Teeth of them that were ready to devour me, and out of the Hands of such as sought after my Life, and from the manifold Afflictions which I had.
They compassed me on every side, and there was no Man to help me: I looked for the Succour of Men, but there was none.
Then thought I upon thy Mercy, O Lord, and upon thy Acts of old: how thou deliveredst such as wait for thee, and savedst them out of the Hands of the Enemies.
Then lifted I up my Supplication from the Earth and prayed for deliverance.
I called upon the Lord, the Father of my Lord, that he would not leave me in the Days of my Trouble, and in the time of the Proud, when there was no help.
I will praise thy Name continually, and will sing praise with Thanksgiving; and so my Prayer was heard.
For thou savedst me from Destruction, and deliveredst me from the Evil Time: therefore will I give thanks, and blessthy Name, O Lord.
John PRAED was bred a Merchant in London: and, in the Year 1680, was a Factor at Zant, (an Island belonging to the Venetians) where he was solicited by the Rest of the Factors, to join in a Confederacy with them and the Proveditore, (or Governour) to ingross all the Currants of the Islands, and raise the Price thereof on the Merchants of London; whereby the Governours and Factors there gain'd great Estates to themselves at the Loss and Expence of the English Merchants. But the said John Praed constantly refusing to be concern'd in so base an Act, to betray his Country; and the said Governours and Factors being apprehensive that he would make a Discovery of their evil Practices; the Proveditore made divers new Edicts against him, and stirr'd up several ill dispos'd Persons to petition the Government of Venice for his Banishment; but he having got clear of that, and also escaped an Attempt made by one Taverner against his Life; Five Ruffians were hir'd to murder him, and two of them after several Disappointments, having repented and confessed the Fact, were afterwards shot to Death, and the said John Praed narrowly made his escape from Zant to England.
Whilst the said John Praed was Factor at Zant, William Warr and Daniel Gates of London, Merchants, employ'd him to buy great Quantities of Currants at the Morea; and (to reimburse himself for the same) he was to draw Bills upon Mr. Williams and Anselme, their Factors at Venice; and Warr and Gates wrote to the said Praed, that their said Factors should accept his Bills; and the Factors wrote to him that they would accept and pay them; and accordingly did accept a Bill for 6000 Dollars: But after he had bought and shipt off the Currants, the Factors refus'd to pay the Bills they had before accepted; pretending Orders to the contrary from Warr and Gates. By means whereof the said Praed was oblig'd to borrow 1300 Dollars (besides what ready Money he had by him) of one Capt. Carverth, to answer the Demands of those Persons from whom he had bought the Currants. And this was the First Debt contracted by him.
Assoon as the said John Praed arrived in England, he made application to Mr. Warr and Gates, to have satisfaction for the said Currants. But they refusing to do the said John Praed Justice, he exhibited his Bill in Chancery, and had a Decree there (afterwards affirm'd in the House of Peers, Nemine Contradicente,) against the said Warr and Gates, for 6404 l. 09 s. 07 d. and on Non-payment thereof obtained a Commission of Sequestration against the said Warr's Estate. And Richard Stephens being one of the Sequestrators entred, and receiv'd the Rents of a considerable Estate, for divers Years, till the Death of the said Warr; But made so ill use of his Commission, That he only was a Gainer by the Sequestration, and the said John Praed never received any thing thereby equivalent to his Charges and Expences.
Divers fraudulent Settlements were also set up to deprive the said Praed of the Benefit of the said Decree: And thereupon (during the further Prosecution of his just Demands) the said John Praed greatly increased his Debts; not by any extravagant Way of Living, but because he was obliged to reside in London, and to be at extraordinary Charges at Law, and by reason of the fraudulent Practices of the said Stephens and others intrusted by him; and being thereby reduced to very low Circumstances, he was obliged for his own Safety to sign Notes and Accounts to some, and give Bonds and Judgements to others, for much more than was honestly due to them; and the Interest of those Sums in Twenty Years (pending the said Suits) raised his Debts so high, that he was not able at that time to pay them:
But upon the Decease of Colonel Praed, his Elder Brother, the said John Praed did not doubt to raise Money out of his Estate, to pay his just Debts, and to put an end to all his Law-suits and Troubles. And in order thereto did entrust divers Persons successively to manage his Estate in Cornwal, and to receive the Rents, Issues and Profits therof; whilst he was still obliged to prosecute his Suits in London; but was not more fortunate in his Stewards in the Country, than he had been in his Agents in London. And thereupon in 1712, he went down to look after his Estate in Company with his friend Sir Humphrey Mackworth; who observing that the Affairs of the said John Praed had not been well manag'd in the Country, advised him to be reconciled to his Nephew Penrose, (though he had before that time highly disoblig'd him) and to entrust him in the Management of his Estate, which he did accordingly. But soon found, to his great Grief, that his said Nephew was under-hand contriving, by the Advice and Assistance of the said Stephens and of William Carr and others, to take Advantage of his the said John Praed's unfortunate Circumstances, and by distressing him more and more to compel him to assign over his whole Estate to his said Nephew and his Heirs, reserving only an Annuity to himself for his Life.
The said John Praed, being thus abus'd by his chief Stewards and Agents, and even by his own Nephew, and not able to get any fair Accounts from them, resolved to seek Relief in a Court of Equity. Which being perceived, they soon contrived to get him arrested with the King's Process on a Clandestine Outlawry, broke open his Chamber-Door, and carried him to a Spunging House, and from thence the said Stephens (his Nephew's great Friend and Confederate) wrote Circular Letters to the Creditors of the said John Praed, both in Town and Country, advising them to enter their Actions against him, whilst he was in Custody, or else that they were all in danger to loose their Debts, and thereupon a Great Number of Actions were entred, though some of the Creditors were so generous as to refuse, and discover the said Design.
It was also contriv'd amongst them, by false Affirmations and Stories, to make several Persons, who had from time to time proposed to lend the said Praed a Sum of Money on a Mortgage of his Estate, for the Payment of his Debts, to alter their Minds, and refuse to accept of the Security; tho' there could be no just Exception, either to the Value or Title of his Estate.
The said John Praed being charged in Custody (as aforesaid) with Sixteen Actions, for divers considerable Sums of Money, and being threatned with many more, and having no Friend in Town, that would either lend him Money, or be Bail for him, he was forc'd to yield to a farther Contrivance against him, which was more deeply laid, and had been fatal to him; but for a Particular Providence that prevented the Blow, just at the time when the Design was to have been put in Execution.
It would be too tedious to enumerate all the Artifices made use of for this purpose, in order to perswade the said John Praed to accept of the Offer of an Attorney at Law, who pretended to have a Respect for him, to be very zealous for his Interest, and ready to manage his Affairs and Law-suits, to be Bail for him, and even to lend him 4000 l. to pay off his Debts. Which was such a surprizing Kindness, that had it been offered with Sincerity, and not with a Design upon his whole Estate, ought never to be forgotten: But no sooner was the Proposal accepted and the Security taken, (which was done in haste, in order (as was pretended) to deliver him with speed from such a dismal place;) but the Design began to appear; for when the said Praed had acknowledged a Statute Staple for 8000 l. and by Articles agreed to pay Interest for 4000 l. as if actually paid, (though the same (except about 300 l.) was still to remain unpaid on pretence of being in readiness to pay his Debts.) Suits were commenced for Delay against his Creditors; whereby the said Praed was in worse Circumstances then before: for he was forc'd to pay 6 per Cent. to his Creditors, and 6 per Cent. for the Money lent, and left in the Lenders Hands: Which almost doubled his Debt, and, together with the Charges of a great Number of Law-suits, would in a few Years have swallow'd up his whole Estate, and left the said John Praed to lie in a Goal without Hopes of Relief, or even of Necessaries to support his Life.
And it is observable, that the said John Praed was also obliged by the said Articles, to have made a Mortgage of his Estate for the same Money, for which he gave the said Statute Staple of 8000 l. and to have put the Lender in Possession of his Estate, with Power to set and let the same at his Discretion; Which, in such an Estate as depends much on good Management, would have put it in Power of the Person in Possession to bring down the Rents so low, as only to pay the Interest of the Debts without rendring any Overplus to the Debtor.
But though this might have been thought sufficient to compleat the Ruin of the said Praed, yet there was still (it seems) an Apprehension, that he might one time or other extricate himself out of all his Troubles, by borrowing Money on his Estate, unless they could get the Writings into their Hands, which concern'd the Title: And this also they obtained by divers ways and means, whereby it became almost impracticable ever to get out of their Power, since no Person could safely lend him any Money on his Estate, without Sight of the Writings; and there was no Way to get the Writings, without Payment of the Debts.
These were the Miserable Circumstances I was brought into (by my Troubles Abroad and at Home) when a Messenger out of Cornwal came up to London to propose, that I should be reconcil'd once more to my Nephew Penrose, and give him a Meeting in the Country, under Pretence that he would do any thing to serve me that lay in his Power, and accept of my Security to save him harmless: All which I had great reason to suspect and disbelieve (for what I had heard from others, and seen my self). But having no good Prospect before me at that time, and hearing that my friend Sir Humphrey Mackworth was come to Town, I went to advise with him what to do. Who, representing these dismal Circumstances to me, and the great Difficulties I labour'd under, did again prevail upon me to give my Nephew another Meeting, and also to send him a Letter of Attorney to receive my Rents, and bring me some Money, of which I was at that time quite destitute.
And thereupon a Meeting was had between me and my Nephew, who appeared so far from being ready to serve me, that altho' he had just before receiv'd Eighty Pounds from my Tenants, he denied he had received any; and though I was perswaded by Sir Humphrey Mackworth, to declare my Intentions to settle my Estate upon him and his Heirs, on condition he would marry, and apply the fortune, or some Part of it, towards the payment of my Debts; yet he refused, and treated me in such a Manner, as if he expected I should comply with any the most disadvantageous Terms he would impose upon me. And the better to carry off his Designs, after he had taken away my Writings from my House in Cornwal, He and the said Stephens (even during this so amicable Treaty) contrived by False Affirmations and Pretences, to get the Keys of my Study in London, and did carry away a large Bag of Deeds and Writings relating to my real and Personal Estate, which were of great Consequence, and Value to me; Which Usage alone was sufficient to make any Person resolve (as I have done) to have nothing more to do with such a Relation; And in regard I had no other Relation, but who either wanted Ability or Will to assist me in my Troubles, or else had formerly join'd with my Adversaries against me; I was at a loss what Method to take in this distressed and despised Condition.
I considered that if I should offer my Estate to any Person, that would pay my Debts and make me easy during my Life, I did not know who would accept it, without the Writings; which I could never obtain a Sight of, without Payment of the Debts.
I was not willing to sell my Estate, if I could help it; though if I would, I did not know whether any Person would adventure to buy it, without the Writings.
I then thought how happy I should be, (after all) if I could find a Way to pay my Debts, and yet preserve the Estate, that had been got with so much Industry by my Ancestors. And in order thereunto, it pleas'd God to put it into my Thoughts to follow the Example of many Great and Wise Men in the World; who, for Want of an Heir of their own Bodies, have adopted a Son and Heir, and disposed of him in Marriage; and have had more Comfort during their Lives with such a Choice, than many others have had from their own Children.
I was indeed under greater Difficulties in this Case than many others; because my Circumstances oblig'd me to be confin'd in my Choice, to a Family that had both Money and Law to assist me.
And God hath so blessed my honest Desires to see my Debts paid and my Estate preserved in my own Name, that I soon found out the Family who were able to assist me in all respects, and also willing to take my Name, and Inter-marry with such as I should recommend to them.
And though my Niece Penrose thought fit to refuse my Son Praed, yet it pleased God to bless him in a happy Match with a Young Gentlewoman, who was not more desirable for her Fortune, than for her Person and good Humour. And by this Match between my Adopted Son and Daughter, I have great Reason to believe I shall be made happy during my Life, and that they will leave behing them an hopeful Issue to inherit for many Generations the Name and Estate of
' NOW, Lord, to me such Comfort give,
' That by thy Mercy I may live.
' Great Pleasure from thy Law I felt;
' But let the Proud be sham'd, who dealt
' With me perversly without Cause,
' While I still meditate thy Laws.
' Let those who fear thee, own thy Cause,
' Those who have known thy righteous Laws.
' When in thy World my Heart is sound,
' Nothing shall e'er my Hope confound.