Economics -- Early works to 1800; Finance -- Great Britain; Great Britain -- Economic conditions -- 18th century
(1) To evade the force of the act by ways and shifts to avoid the
power of it, and secure their estates out of the reach of it.
(2) To turn the point of it against those whom it was made to relieve.
Since we see frequently now that bankrupts desire statutes, and procure
them to be taken out against themselves.
2. Whether the extremities of this law are not often carried on beyond
the true intent and meaning of the act itself by persons who, besides
being creditors, are also malicious, and gratify their private revenge by
prosecuting the offender, to the ruin of his family.
If these two points are to be proved, then I am sure it will follow that
this act is now a public grievance to the nation, and I doubt not but
will be one time or other repealed by the same wise authority which made
it.
1. Time and experience has furnished the debtors with ways and means to
evade the force of this statute, and to secure their estate against the
reach of it, which renders it often insignificant, and consequently, the
knave against whom the law was particularly bent gets off, while he only
who fails of mere necessity, and whose honest principle will not permit
him to practise those methods, is exposed to the fury of this act. And
as things are now ordered, nothing is more easy than for a man to order
his estate so that a statute shall have no power over it, or at least but
a little.
If the bankrupt be a merchant, no statute can reach his effects beyond
the seas; so that he has nothing to secure but his books, and away he
goes into the Friars. If a Shopkeeper, he has more difficulty: but that
is made easy, for there are men and carts to be had whose trade it is,
and who in one night shall remove the greatest warehouse of goods or
cellar of wines in the town and carry them off into those nurseries of
rogues, the Mint and Friars; and our constables and watch, who are the
allowed magistrates of the night, and who shall stop a poor little
lurking thief, that it may be has stole a bundle of old clothes, worth
five shilling, shall let them all pass without any disturbance, and
hundred honest men robbed of their estates before their faces, to the
eternal infamy of the justice of the nation.
Public-domain text, read in full here on John Shaqi.
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