Economics -- Early works to 1800; Finance -- Great Britain; Great Britain -- Economic conditions -- 18th century
(2.) Knaves should have no protection from those places, and the Act
be fortified against those places by the following clauses, which I
have on purpose reserved to this head.
Since the provision this court of inquiries makes for the ease and
deliverance of every debtor who is honest is so considerable, ’tis most
certain that no man but he who has a design to cheat his creditors will
refuse to accept of the favour; and therefore it should be enacted,
That if any man who is a tradesman or merchant shall break or fail, or
shut up shop, or leave off trade, and shall not either pay or secure to
his creditors their full and whole debts, twenty shillings in the pound,
without abatement or deduction; or shall convey away their books or
goods, in order to bring their creditors to any composition; or shall not
apply to this office as aforesaid, shall be guilty of felony, and upon
conviction of the same shall suffer as a felon, without benefit of
clergy.
And if any such person shall take sanctuary either in the Mint, Friars,
or other pretended privilege place, or shall convey thither any of their
goods as aforesaid, to secure them from their creditors, upon complaint
thereof made to any of His Majesty’s Justices of the Peace, they shall
immediately grant warrants to the constable, &c., to search for the said
persons and goods, who shall be aided and assisted by the trained bands,
if need be, without any charge to the creditors, to search for, and
discover the said persons and goods; and whoever were aiding in the
carrying in the said goods, or whoever knowingly received either the
goods or the person, should be also guilty of felony.
For as the indigent debtor is a branch of the commonwealth which deserves
its care, so the wilful bankrupt is one of the worst sort of thieves.
And it seems a little unequal that a poor fellow who for mere want steals
from his neighbour some trifle shall be sent out of the kingdom, and
sometimes out of the world, while a sort of people who defy justice, and
violently resist the law, shall be suffered to carry men’s estates away
before their faces, and no officers to be found who dare execute the law
upon them.
Any man would be concerned to hear with what scandal and reproach
foreigners do speak of the impotence of our constitution in this point;
that in a civilised Government, as ours is, the strangest contempt of
authority is shown that can be instanced in the world.
Public-domain text, read in full here on John Shaqi.
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