"corroborated by any Circumstances, that the formér owes him a Sum above Ten Pounds. If, upon Trial, "it fhall ultimately appear that the Defendant did not "ftand indebted to the Plaintiff, the Defendant has no Compenfation but Taxed Cofts, which will not pay "the Expences of his Defence; he has no Redress for "fo heavy an Imprisonment, proved to have been unjuft; and the Plaintiff cannot be punished for "having inflicted this Incarceration upon his Fellow"Subject, unless the Defendant can fhew that it was "done through Malice, a Point which the Complica"tion of Tranfactions, whence a Debt may have been "honestly, though erroneously, calculated, renders it "almost impracticable ever to fubftantiate. 66 "But the Charge may have been made in direct "Malice. "An Individual on the Eve of quitting the Realm, "(the Cafe is known to have occurred in the Instance "of a Perfon embarking to settle in America), if he can "reconcile the Perjury to himself, may wreak his Ven66 geance against any one towards whom he bears Enmity, by charging him on Oath with a Debt, and taking out a Writ against him. "The Perfon arrested is not heard in his Defence. "If he cannot get Bail, he is hurried to Prison, where, "as has been stated, he may remain Seven Months before "he becomes fuperfedeable. Even then his Release does "not follow of courfe. The Marshal of the King's "Bench has mentioned, that he liberates many poor "Defendants on their becoming entitled to their Discharge "by the Plaintiff's omitting to enter his Declaration. "But this benevolent Procedure is by no Means "generally exercised; for it appears that not lefs than "98 Perfons entitled to their Difcharge, were liberated "in One Year, by "The Society inftituted for the "Relief of Perfons imprisoned for fmall Debts," through "the Payment of the Fees for which alone they were "detained. The Society, in the fame Year, fet free "by Superfedeas 199 Perfons, by advancing the Money "for the Payment of these Expences, of fuing out the "Superfedeas, which the Defendants themfelves must "be inferred not to have had the Means to furnish. "How indeed, is a Defendant, who may be in a State "of Deftitution on his Entrance into Prison, to acquire "Money to pay the Fees for his Discharge, when his "Credit has been ruined, all Exertions of his Industry "have been precluded, and unusual Expences have been "impofed upon him, by his Situation! "Here is the proper Place to remark, that there is no "Allowance from the Plaintiff, or from the Public, for "the Sustenance of the Defendant in Confinement; there " is no Provifion of Fuel or Clothing, be the Extremity "of Weather what it may; no Bedding but what he "he must hire; no Medical Affiftance (except in Three or Four particular Prifons) howsoever severe any Malady that may befal him. "The Villain fuffering a Penal Imprisonment, for the "Crime perhaps, of all others, the most malignant, as involving thegreatest Degree of cool deliberate Rancour, a Libel, has all these Supports or Mitigations provided "for him. The Wretch charged with the most atrocious "Crimes, under the strongest Prefumptions of Guilt, " is perfectly attended to in those Respects; whereby "all thofe Notions of comparative Turpitude, which "it is the Intereft of Society to keep clear and pro"minent in the Minds of Men, are confounded and "overthrown. petrator are fo indicated, the Warrant goes no further "than to bring the accufed before a competent Autho"rity for Examination. 66 If upon that preliminary Investigation the Crime and "the Prifoner be not connected by fome tolerable Pre"fumption arifing from the Evidence then delivered, "the Individual is difcharged. If Circumftances appear "strong against him, he is committed to Gaol; but his Imprisonment is attended with the Certainty, that he "fhall be brought to Trial as expeditiously as established "Arrangements will admit. "In the mean Time, his Suftenance is affured, and "his Innocence, notwithstanding the Proofs which "already weigh against him, is prefumed in the Contemplation of the Law. If the Teftimony against him on his Trial be infufficient, he is acquitted, and at "once difcharged. 6.6 "Towards the Defendant arrested on Mefne Process "no fuch favourable Observance takes place. Without any previous Investigation as to the real Exiftence of "the Debt, he is deemed guilty of fraudulently with"holding Payment of a Demand which he has the "Means to liquidate; for this must be the Reasoning of "the Courts on the Subject. He is thrown into Prison : "If he be poor and friendless, his Fate may be for a "Year at the fole Mercy of his Creditor: He is during "that Period left utterly destitute of Means of Support; "and, at the End, if the Plaintiff fhall have abandoned "the Suit, or it shall be declared upon Trial, that the "Defendant does not owe the Sum for which he has "been fo long confined, the Defendant is not liberated "without he can recur to a Proceeding, the Expence of "which is obviously out of the Reach of one, whose "flender Means have been completely exhausted by his Imprisonment. "Unfortunately the Dishonesty of a great Proportion "of Debtors, renders a fudden Mode of Coercion "neceffary. "Arreft therefore, in Mefne Procefs, cannot be dif"penfed with, unless under certain Limitations. It is " however, in the Stages fubfequent to the Caption that "the principal Evils exift; and we think it impoffible "that this Statement should not excite an earnest Desire "that fome Mode may be devised for better reconciling "thofe Procedures to the Principles of natural Equity, " and the Analogy of British Juftice. No Arrest on "Mefne Procefs can take place where the original Cause "of Action, independent of Cofts, does not amount "to Ten Pounds. 2d. "Debtors in Execution are thofe confined upon a "Capias ad Satisfaciendum, when the Debt by Trial or Acknowledgement has been substantiated. "The Capias ad Satisfaciendum may iffue for any Sum "howfoever small; and the Body of the Debtor arrested by that Writ is fo far confidered a Satisfaction to the "Creditor, that the latter cannot then touch by any legal "Procefs the minutest Part of the former's Property. "From an Extenfion of this Notion, the Court, after having put the Creditor in Poffeffion of the Debtor's "Perfon, difcards all further View of the Parties. "In confequence, the Debtor remains wholly at the "Mercy of the Creditor. "It is true, the Legislature has, in Cafes where the "Debt does not exceed £300, made Provision that the "Creditor fhall allow to the imprisoned Debtor Sixpence 66 per Day for his Suftenance; and has alfo given, in "the fame Class of Cafes to the Debtor and Creditor "It is impoffible to confider this Statement without "reciprocally, a Power to infift upon a Compofition "noticing the extraordinary Fact, that in the Procedure "by the Aflignment of the Debtor's Property to liqui "towards a Defendant on Mefne Procefs, there is a "date as much of the Debt as it can anfwer, which "total Abandonment of the Attention to perfonal" being effected, the Debtor is entitled to Release from "Liberty, which is the most marked Feature in the "Administration of British Juftice; and which would "not have become fo, had it not been correfpondent to "all the best Feelings of Mankind. "In all Cafes of Criminal Charge, there is fome specific "Fact which fubftantiates that Crime has been com"mitted. The Charge which fixes that Crime upon an "Individual must be established by Oath; yet even then, where the actual Breach of the Laws, and the Per "Prifon. "It is difficult to conceive that, if this Enactment be "wife and expedient as to Cafes not exceeding £300, "the Principle muft not equally apply to Cafes where the Debt is of the largest Amount; and it is obvious, "that in the latter the Deftitution of the Debtor may have "a more urgent Claim on the Forefight and Humanity "of the Legislature, than where the Debt has been on a "lower Scale. "At first fight, one is tempted to affume (which has probably been the Motive for the Limitation) that a greater Injury has been done by the Non-payment of a large Debt, than what is fuffered where a fmaller one "is withheld; but a Moment's Reflection will fatisfy one's Judgment that this must have Reference to the com"parative Substance of the Creditor; and although one "is inclined to fufpect a greater Degree of Incaution in con"tracting a large Debt, blameable in Proportion to the Dif "trefs it may entail on others, fuch a Surmife is too uncer"tain a Ground for a Provifion of Juftice to rest upon. "Debtors, therefore, imprisoned for large Sums, and "fuch Debtors imprisoned for fmall Sums, as have not "fufficient Means to take the Benefit of the A&t of "George I. and its dependent Statutes, remain entirely at "the Will of an Individual. cr "To fay that the Individual will not abuse his Power, "or that in Fact the Creditor has rarely done fo, is no "admiflible Argument. "The Conftitution of England knows nothing but "Principles. "The fundamental Notion of all Law is, that the Fate " of no Member of the Community fhall be left to the "Caprice of another. "Is the Suppofition this, that the Creditor has been "wronged? "In all other Matters, the Law allows no Man to "measure the Extent, or to apportion the Punishment "of an Injury received, and it feems defirable, that fo "wholefome a Doctrine fhould never be departed from. "The Committee cannot but be perfuaded that crimi"nal Negligence in a higher, or a more venial Degree, is fairly imputable to Four-fifths of imprifoned Debtors; " and they alfo believe, that few Inftances could be "found of rancorous Creditors in this Country. No "Investigation, however, has taken place to discriminate "him who has become infolvent through inevitable Calamity, from the dishonest Debtor; nor does any Mode "exift of bringing to the Teft the Motives by which a "Creditor is actuated in keeping his Debtor in Prison. "Hence the Conclufion is direct; that under the present Practice grievous Injuftice may be exercifed, and "almolt to a Certainty is exercised by the Detention in "Prison of Perfons not meriting in any Degree that "fevere Infliction. The Charge then will stand good "against this Practice, that it is an Anomaly; and, if "Laws reft upon Principle, that which contradicts the 66 general Analogy cannot be found. 66 "In point of Fact, very many Inftances might be quo❝ted, where the Detention of the Debtor in Prifon has "exceeded a Term much more than fufficient to expiate the groffeft Profligacy which he could have committed in "the Contraction of the Debt; especially where Bounds "to the imputed Guilt are neceflarily placed by the "Existence of Statutes to punish whatsoever could come "fpecifically under the Defcription of Fraud. "A ftriking Example of this is mentioned in the "Evidence delivered by Mr. Neild; a Magiftrate, who "with Humanity the moft laudable, and Industry the "moft indefatigable, has probed this uninviting Subject "to the Bottom, and whofe excellent Publications afford "important Infight into its Mifchiefs. He ftates the "Cafe of Hugh Robert Evans, confined for Nineteen "Years in Dolgelly Gaol for a Debt of £27. 5s. 6. "This Man was Eighty Years of Age when he was "liberated by Mr. Neild for a Compofition of £10., " and had a Wife older than himself refiding with him "in the Prison; fo that the unfortunate Couple must "have been already ftricken in Years, when this dreadful "Lot was first impofed upon them. And it is to be "obferved, that the Society for the Relief of Prifoners "confined for Small Debts (or Thatched Houfe Society, "as it is more popularly called), for which Mr. Neild "acted, never extends its Bounty till, after minute Investigation, the Character of the Individual and his "Conduct relative to his Creditor have been proved to "contain nothing which renders him unworthy to be the "Object of their Charity. "One Cafe is fufficient to fhew the Existence and Nature of the Evil, though Mr. Neild's Registers would VOL. XLVII. "have furnished many of the fame kind. Nor, probably, "have these Instances been owing to the Malignity of "the Creditor; a falfe Eftimate of the Debtor's Means "has feduced the Creditor to throw him into Prifon. "The Creditor failing in his Expectation of immediate "Liquidation, catches at the Hope that the Sufferings of "the Prisoner may induce those connected with him, to step in and liberate him; a Speculation well defcribed "by Lord Chief Juftice Mansfield, as an Attempt to " torture the Humanity of Friends to pay that which on "no Ground of Equity could be expected from them. "The Creditor's Profpects become more defperate; but "in the mean Time, the Refources of the Debtor have "been utterly extinguished. Until a temporary Act was lately applied as an Experiment, Forfeiture of all "Claim upon the Debtor on releasing him from Impri"fonment, diffuaded the Creditor from giving up the "Chances of his acquiring future Property. "If, after all, the Creditor is fatisfied that he must "relinquish Hope, and by with-holding the Sixpences "he abandons his Right of keeping the Debtor in Gaol, "he will not add to his former Loffes the Expences of cr liberating the Prisoner; the latter, pennyless and for"gotten, cannot fue out the Discharge which is become "his Privilege. It is not an imaginary Picture; a mere "Statement of that which accidentally might happen ; "every Year a great Number of Perfons are released by "the Thatched House Society, when they would other"wife have remained in Prifon from Inability to pay the "Fees for that Deliverance to which they are entitled. "To complete the Repugnance of this Syftem to any Views of real Convenience, it is only neceffary to re"prefent, that a Perfon poffeffed of ten Times the Sum "for which he is imprisoned may fet his Creditors at "Defiance, if he will make up his Mind to a Confine "ment, which he can render a Scene of expensive De"bauchery and voluptuous Extravagance. "Your Committee would be confcious that they did "but ill answer the Intention of your Lordships in dele "gating the Task of this Enquiry to them, if they repre"fented the Evils which they have noticed, and did not "alfo lay before the Houfe fuch Outlines of Remedy "as the Tenor of the Evidence has fuggested. They do not prefume to enter into Details, which "the Wisdom of the House is alone competent to fa"fhion; they only venture to indicate the Direction in "which any Amelioration of the System must be sought. "Unquestionably, Objections will occur to any Alte "ration that can be recommended. "It is the Lot of every human Institution that in "fome of its Effects it may bear inconveniently; and "all that the Sagacity of Man can achieve is, that in "any public Regulation, the Benefits of the direct Object may far preponderate over any poffible confe quential Mischief. 66 That an Individual fhould be refused the Means of compelling the Payment of a Debt juftly due to him "would be a Reproach to the judicial Polity of any "Country. "That the Creditor, merely because he was a Credi "tor, fhould have the Power of inflicting upon Misfor "tune the Punishment fitly applicable to Guilt only, or "fuch a Degree of Punishment as would be outrage oufly difproportioned even to fubftantiated Delinquency, is what an equitable Legislature would indignantly refuse to ordain were the Enactment for the first "Time folicited. "between the first Day of the Defendant's Imprifon"ment and the Decifion of the Question whether he "owes the Debt with which he is charged. "If a Plaintiff can have afcertained in his own Mind "the Nature and Amount of a Sum due to him fufficiently, with a safe Conscience, to charge upon Oath "another with that Debt, there can be no intelligible "Reason why he should not be at the fame Moment prepared to make his Declaration, that is, to state to "the Court the precife Quality of his Claim upon the "Defendant. "If this be true with Reference to fome particular "Occafions, it is obvious that fuch extraordinary In"stances can bear no Proportion to the general Mafs of "Cafes. "The Law fhould unquestionably observe here its "ordinary Rule of admitting no avoidable Delay in "the Dispatch of Juftice; and in the fame Difpofition "ought to require, that the further Step of proceeding to Trial fhould be taken by the Plaintiff with all con"venient Speed. 66 6. "Where the Plaintiff fhall affign Causes for Delay, "and fhall have thofe Excufes admitted, it might be "but reasonable that the Court should have the Power, " at its Discretion, of ordering a certain weekly Allowance to be paid by the Plaintiff to the Defendant (pro"portioned to the Number and Wants of the Defend"ant's Family) during that Sufpenfion of the Proceed"ings. It feems further defirable, that the Defendant "fhould, by Confeffion of the Debt, be able to fuper"fede the Expences of the Trial, and be immediately placed by a Capias ad Satisfaciendum, in the Condition "of a Debtor in Execution. "When the Act of the 32d Geo. II. was paffed, the "Meaning of the Profeffion in its Title and Preamble, "that its Object was to prevent vexatious Arrests, is "fecured from any Ambiguity by the Nature of the "Enactments. ; "It is clear that its Purview was not to guard against "Arrefts where there was no Ground for the Action "but that it was to preclude, in a Class where it might operate with ruinous Effect, a more rigorous and "more expenfive Procefs, when a milder one would equally promote the Ends of Juftice. 66 By Arrefts being prohibited, where the Debt does "not amount to £1c., the Creditor is not deprived of his "Remedy; he has it in another Course of Proceeding. "The View of the Legislature was probably this; "that the Law Attornies, to whom Perfons in the hum"bler Walks of Life are likely to have Recourfe, would "naturally, were the Choice open, recommend to their "Clients the Mode of Arreft, as being that which to the "Attorney would be most profitable. "The unenlightened Creditor would implicitly follow "the Advice, and would, whilft he did an Injury to "the Debtor quite out of his Contemplation, probably "diminish the Chances of Payment to himfelf. In "fhort, whatfoever Efficacy the Legislature might be difpofed to attribute to the Practice of Arreft, it seemed "to them a Weapon too formidable to be left to the "Difcretion of the Description of Perfons among whom "Debts of a Rate under 10l. were most likely to take "Place. " Debts not exceeding Twenty Pounds. Should this "be determined upon, it would be a convenient Part of "the Arrangement, that the Court of King's Bench "should be authorized to proceed by Summons in Cafes "of Debt under that Amount: It is a Process not un. "known to the Forms of that Court; being that which "the Court at prefent ufes with regard to privileged "Perfons. That Liability to arreft is operative, and "expedites, in many Inftances, the Payment of a Debt, " is not to be queftioned. To this Confideration, however, is to be opposed the Comparison which the Evi"dence of Under Sheriff Burchell furnishes as to Pro"portion of Debts fettled, in confequence of Caption in " Cafes under 20l., or in confequence of Original Writ; offering a strong Conclufion, that the Interests of the "Creditor would not be really weakened, while many "baleful Effects of Imprisonment would be avoided. "If these Confiderations were judicous when the Li"mitation first took place, they must be fo now: But "the Difference in the Value of Money at that Period, ❝and its present Worth, relatively to all Articles of ordi"nary Confumption, together with the Multiplication "of Burthens on the lower as well as on the higher "Ranks, will affuredly prompt a Reflection, that the "Reason of the Regulation cannot but now attach "a much larger nominal Sum. It may be usefully weighed by the House, whether Exemption from Arrest "on Mefne Procefs ought not to be extended to all upon 66 "2. DEBTORS IN EXECUTION. "In the Cafe of Debtors imprisoned in Execution, "the Policy of the Legislature might feem wifely directed "to afcertain the Fact, whether the Debtor actually "with-held thofe Means by which he could liquidate "the Debt. "It is a feparate Question, whether there has been a " previous Delinquency on the Part of the Debtor. "If the latter be really infolvent, it is equally repug"nant to common Senfe and to Humanity to keep him "in Prison for not doing that which is impoffible. 66 Investigation is, therefore, the Object. A certain "Term may be requifite for enabling the Creditor to "collect Information refpecting the Debtor's Property : "For that Purpose, three Months might poffibly fuffice. "After the Expiration of that Term, this Proceeding "might perhaps be found unobjectionable; that the "Sheriff fhould impannel a Jury under the Order of "the Court, obtained by the Application of either Cre ditor or Debtor to examine the Cafe, the Form would "be cheap as well as familiar to the Public; and it does not appear why such an Inqueft as determines in all "Questions of Fact, fhould not be competent to decide in "Cafes of Debt. "According to the Opinion of the Jury, the Debtor "might either be remanded for further Investigation of "his Affairs, or he might be discharged upon the Ceffion "of his Property. "The correfponding Provifions for vefting in the "Sheriff the Property of Debtors fo circumstanced, need "not here be dilated upon. "If any fraudulent Practice of the Debtor fhould appear to the Jury, upon their Verdict to that Effect, the Debtor (notwithstanding the Ceffion of Property) might be fent back to fuffer a penal Imprisonment; "and at all Events the Court fhould have a Power of "ordering Re-caption, on fufficient Grounds fhewn to "authorize a Sufpicion that Concealment of any Part "of his Subftance had been practifed by the Debtor on "his Examination before the Jury. "This Kind of Compofition has been fanctioned by "the Legislature in the Act of the 32d Geo. IId. or Lords "Act, as it is ufually termed, and in fubfequent Statutes "referring to it; and if that A&t has not been found fo "thoroughly beneficial in Practice as was expected, the "Fault has not lain in its Principle, but in the Inadequacy of fubordinate Provifions. 66 "It was from Experience alone that the Defect of these "Provifions could be understood, and that the Neceffity "could be proved for recurring to the more efficacious "Inftrument, a Jury. "Those Statutes were, indeed, in great Measure, Bills "of Experiment, whence has proceeded their defining "an Amount of Debt, beyond which they shall not be " applicable. "This Limitation, otherwife inexplicable, appears to "have arisen from the Legislature's accepting literally "the Pofition which the Courts with a falutary Meaning "expreffed technically, that the Body of the Debtor "was a Satisfaction to the Creditor, and confequently the "latter's Property. Reasoning "to fay what would foon be the Operation of a Jurif"diction framed in that View. "Reasoning on this Conftruction, the Legislature" to themselves a lucrative Practice; and it is needlefs "feared to trench too much on the Rights of a Cre"ditor, by extending the Principle of the Lords' Act to "Debts greater than 300. "The Ground of this Diftinction is evidently un"tenable. "Were the Affumption admitted, that the Creditor "had fuch a Title in the Perfon of the Debtor as the "Argument fuppofes, the Operation of the Lords' Act "would be a Violation of private Property in every Cafe "to which it applies. "Perhaps it might not be impracticable by a Selection "of the best Provifions of fome of thofe local Acts, with proper Guards against Abufe, to frame a general and "ufeful System for the immediate Determination of such "minor Claims. "In prefenting to your Lordships this Result of their "Deliberations, your Committee have to rejoice that "(on a Subject of acknowledged Difficulty) their Ob"fervations as to the Expediency of certain Amendments "are not urged against any Provifions which appear to "have emanated from a comprehenfive and deliberate "Confideration of Civil Debt as a great Branch of in"ternal Regulation. "The Juftice of aiding a Creditor to recover a Sum "due to him, must have been felt from the earliest "Times. The Shifts and Evafions of the Debtor have gradually produced Acts made on the Spur of the " Occafion, or Constructions and Extenfions well cal"culated to meet his dishonest Dealings. But these "Expedients had collateral Effects, which either were "not perceived immediately, or which have grown out "of the altered Circumftances of Society. "The true Objection to occafional Infolvent Acts is," "that they are defultory Interventions, confounding by "the Number of Cafes which they bring forward at "once for Decifion, the Means of determining accu"rately, according to their Principle. "The general Principle on which they turn cannot "be arraigned; and were it declared that no Legislative "Measure fhould ever be adopted for the Relief of the "imprisoned Debtor, the Declaration would be no lefs revolting to every Notion of Equity than to every Feeling of Humanity. 86 "A more fummary and ftill less expensive Form of "Proceeding is defirable where the Debt does not ex"ceed £5.; those being the Cafes which generally in"clude the labouring Poor. "Were not the Evidence irrefragable, one could "fcarcely perfuade onefelf of the mifchievous Rigour "with which these minor Debts are fometimes pur"fued. "The Creditor, acting blindly under the Direction "of his Attorney, overwhelms the Debtor with Cofts, "the Amount of which the Creditor cannot fubfequently "take upon himfelf; and he is thence, howfoever he may relent and repent his Precipitancy, obliged to "leave the wretched Sufferer in Prison. "Two Inftances, fupported by the Teftimony of Mr. "Neild, will fuffice as a Specimen of a Multitude which "could be adduced. 66 "It is not surprising that the just and natural Dispo"fition to yield every Affiftance to the Creditor, fhould "have been perplexed by the Senfe that Debt was not "under every Circumftance an Object for the Severity "of the Laws; because it was clear that the Contraction "of a Debt, and the Inability to liquidate it, might occur "where there would not be Room to impute the flightest "Taint of moral Laxity on the Creditor. "The Difficulty of laying down Rules of Difcrimi"nation a priori, and on the other Hand, the Conscious "nefs that Infliction would not attach correctly on 66 Simple Debt, have occafioned in different Nations the "Complication of a Criminal Charge with the Debt; "which would not have been an inconvenient Fiction "had Enquiry followed, and had the Debtor been "thereby fubjected to nothing beyond the Burthen of "difproving the Existence of any Thing culpable in his "Conduct. "Hence, in Scotland, to justify the Incarceration of "the Debtor, the Fiction was deemed neceffary, that " he had become a Rebel by disobeying a Command "from the King to make Compofition with his "Creditor. "In Holland, the first Step was to ftrip the Debtor of Mary Marfbland, aged 65, and incapable of earn- "all Property for the Benefit of the Creditor; when ❝ing a Livelihood, incurred a Debt of Seven Shillings" (and not till then) he was totally denudated; he might "for Linen and Cotton Goods. She was lodged in Macclesfield Gaol by her Creditor; and the Cofts and "Fees on that Procedure immediately fwelled the Charge "against her to £11. 175. 11d. "Margaret Afhton, a Widow, aged 56, a Cotton "Weaver, incurred a Debt for Flour, Cheese, and "Butter, of 75. 4d.; the alfo was lodged in Macclesfield Gaol, and found herself loaded with a Charge of “ £12.135. 3d. "The Circumftances of thefe Women, which point "them out as of the industrious Class; the Nature of "the Articles for which they became indebted, obviously "abfolute Neceffaries; and the trifling Amount of their "refpective Failures towards their Creditors; muft in"dicate how unequitably fo dreadful a Severity attached "upon them. And as thofe Inftances took place within "this Year and a Half, the Legislature has not to flatter "itself, that the more enlightened Spirit of the Time "corrects in Fact the Abuses of Practice. "There are many local Jurifdictions for the Decifion "of Small Debts; feveral of them, no Doubt, may "work well. "The Plans have all been good in Theory; fome "have been useful as long as the difinterested Zeal of "the Promoters continued to controul the Proceedings, "but their Powers have been perverted when those Per"fons no longer exifted to regulate the Application. "Others, there is Reason to fear, may have from the "Outfet been the Projects, in interested Men, to fecure "be thrown into Prifon on the affumed Surmife that he "had concealed Property which ought to liquidate the "ftill outstanding Balance; and he was then to prove "the Negative. 66 "In England, Trefpaffes and Contumacies were fup. pofed. "Thefe adfcititious Colours prove, that in all the "Cafes the View was reftricted to the direct Operation "alone of the Procedure, without Advertence to its in"cidental Confequences. 66 "It was not confidered that the Creditor of Today may be the Debtor of To-morrow; and that a Syftem "which affects with exaggerated Harfhnefs in their "several Turns fo many of the Individuals constituting "the Community, cannot be a convenient one for Society. "The Incongruity of the Practice, as it obtains in England, with the juftly boafted Principles of British "Jurifprudence, would be fufficient to incline your "Lordships to difcufs the Practicability of Alteration. "There are, however, many other weighty Confider"ations to urge you to it. "The occafional Infolvent Bills, which abfolute "Neceffity will conftrain the Legislature to pass, if the "System be not altered, are a great Temptation to the Profligate to contract Debts beyond their Power to "discharge, to the Ruin perhaps of the induftrious "Tradesman, in the Hope that in the Glut of Cases "which come to be determined under fuch an A&t, they may 10 may be exonerated by a falfe and undetected Exhi"bition of their Circumstances. "It is in Evidence, that when an Infolvent Act is "fpeculated upon, Numbers get thernfelves thrown into "Prifon by friendly Arreft for this Purpose. "William Jones Efquire, Marfhal of the King's Bench "attending, is called in, and, having been fworn, is "examined, as follows: "It alfo refults from the Evidence, that many Perfons may be, and probably are at this Hour, fuffering Im"prifonment, when no Individual (much less the Law)" "has an Interest in their Detention. "When the Creditor and the Attorney are both dead, "the Prisoner, entitled to his Discharge, but incapable "of fuing it out, remains immured, equally without "Motive on the one Hand, and without Profpect of "Relief on the other. "Even the Chance of partaking in the Benevolence " of the Thatched Houfe Society is closed against him; "for, the Means of afcertaining the Prifoner's Conduct "in the Contraction of the Debt, no longer exifts, and "without Satisfaction on that preliminary Enquiry the Society extends its Bounty to no Petitioner. "The most important Confideration of all is the "cutting off fuch a Source of Vitiation of Morals as "Imprifonment unquestionably appears to be. "All the Witneffes, the most competent to speak to "this Point, lay the greatest Stress upon it. "The Appendix to this Report exhibits a lamentable "Picture of the Diffolutenefs and Profligacy which "reigns in the Prifons; and which it would be almost impracticable to correct. Fears and Blufhes have no "Place in thefe Receptacles of Guilt. "There is little Hope that he who has there for any "Time been the Companion of the Abandoned, fhall come forth untainted by their Inftructions: And the "Number of Children who now actually receive their "Education in the Prisons, furnishes a Swarm of Mif"fionaries of Vice, which must have a dreadful Effect in "contaminating Society. 66 "On the Whole, your Committee can scarcely ima"gine a Field, in which the Wifdom and Forecast of your Lordships are likely, by their Exertion, to pre"vent a greater Degree of Human Depravity or of "Human Mifery. 66 "APPENDIX. "MINUTES of the Evidence given before the "Lords Committees appointed to enquire into "the prefent State of the Practice of Imprifon"ment for Civil Debt, and the Confequences "thereof; and to report to the House. "Die Luna, 13° Februarij 1809. "Order of Reference read. "Order read, empowering the Committee to appoint a Chairman; "And it being propofed that the Lord Haflings be "Chairman of this Committee; "The fame is agreed to, and "The Lord Haftings took the Chair. "Order read, for adding all the Lords who have "been present Seffion to this Committee. "Order read, referring to this Committee the feveral "Petitions of Debtors prefented to the Houfe this Sef"fion, praying Relief. "It being then propofed to adjourn this Committee "till To-morrow: "The fame is agreed to, and ordered accordingly. "Die Martis, 14° Februarij 1809. "Lord Haflings in the Chair. "Order of Adjournment read. the King's Bench Prifson afford? Q. What Extent of Reception for Prisoners does "A. For more than 200, not quite 220. Q. What is nearly the Average Number of Pri"foners? "A. The Average Number of Prisoners fome Years ago feldom exceeded 500, at this Time it exceeds 700, "One-fourth of which Number, or rather more, have "generally the Liberty of the Rules, and live in Saint George's Fields, within the Rules, and do not live "within the Prison. "Q. How are they arranged within the Prifon with regard to Apartments? "A. There are generally Two upon a Room, and "when there are more than 400 Prifoners, according to "the Number we chum them together, fometimes Three "in a Room. "Q. Is it the Custom for a wealthier Prisoner to pur"chafe the Abfence of thofe quartered on the fame "Room? "A. It is often done, though it is against the Rules "of the Place; but it cannot be prevented, for the "wealthier Prifoner will give the poor one fo much a "Week for giving up his Chummage, fo as to enable "him to have the Room to himself, and the poor Pri"foner will find others in the fame Situation with him"felf; and poor Prifoners will confent to live Four or "Five in a Room in confequence of that; but if they "take any large Sums of Money, fo as to impofe upon one another in that Way, and it comes to my Know"ledge, I always deprive the Perfon receiving large "Sums of Money in that Way of his Chummage, be"cause it is against the Rule; there is a deal of Impo"fition amongst themfelves carried on 'in that way. I "am entitled to a Shilling a Week upon a Room, Six |