The Chronicles of Newgate, vol. 2/2Griffiths, Arthur
History
The Chronicles of Newgate, vol. 2/2
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
curious calculation that the costs of these actions if undefended would
have amounted to £68,728, and if defended, £285,950; in other words,
that to recover eighty odd thousand pounds, three times the amount would
be expended.
An elaborate machinery planned for the protection of the trader, and
altogether on his side, had long existed for the recovery of debts.
Alfred the Great established the Court Baron, the Hundred Court, and the
County Court, which among other matters entertained pleas for debt. The
County Court was the sheriff's, who sat there surrounded by the bishop
and the magnates of the county; but as time passed, difficulties and
delays in obtaining judgment led to the removal of causes to the great
Court of King's Bench, and the disuse of the inferior courts. So much
inconvenience ensued, that in 1518 the Corporation obtained from
Parliament an act empowering two aldermen and four common councilmen to
hold Courts of Requests, or Courts of Conscience, to hear and determine
all causes of debt under 40_s._ arising within the city. These courts
were extended two centuries later to several large provincial towns, and
all were in full activity when Neild wrote, and indeed supplied the bulk
of the poor debtors committed to prison. These courts were open to many
and grave objections. The commissioners who presided were "little
otherwise than self-elected,[29] and when once appointed continued to
serve _sine die_;"[30] they were generally near in rank to the parties
whose causes they decided. Often a commissioner had to leave the bench
because he was himself a party to the suit that was _sub judice_. The
activity as well as the futility of these courts may be estimated from
the statement given by Neild, that 1312 debtors were committed by them
to Newgate between 1797 and 1808, and that no more than 197 creditors
recovered debts and costs. The latter indeed hung like millstones round
the neck of the unhappy insolvent wretches who found themselves in
limbo. Costs were the gallons of sack to the pennyworth of debt. Neild
found at his visit to Newgate in 1810, fourteen men and women who had
lain there ten, eleven, and thirteen years for debts of a few shillings,
weighted by treble the amount of costs. Thus, amongst others, Thomas
Blackburn had been committed on October 15th for a debt of 1_s._ 5_d._,
for which the costs were 6_s._ 10_d._ Thomas Dobson, on 22nd August,
1799, for 1_s._, with costs of 8_s._ 10_d._; and Susannah Evans, in
October the same year, for 2_s._, with costs of 6_s._ 8_d._ Other cases
are recorded elsewhere, as at the Giltspur Street Compter, where in 1805
Mr. Neild found a man named William Grant detained for 1_s._ 9_d._, with
costs of 5_s._, and John Lancaster for 1_s._ 8_d._, with costs of 7_s._
6_d._ "These surely, I thought," says Mr. Neild, "were bad enough! But
it was not so." He recites another most outrageous and extraordinary
case, in which one John Bird, a market porter, was arrested and
Public-domain text, read in full here on John Shaqi.
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