Law -- England; Poor -- England; Poor laws -- England; Working class -- England
The servant of the parable was the meanest of curs. He "went out, and
found one of his fellow-servants, which owed him a hundred pence: and he
laid hold on him, and took him by the throat, saying, Pay what thou
owest." Here, again, we may flatter ourselves on our superior procedure.
If this had happened in Lambeth, the servant would not have been allowed
to go for his fellow servant with such jubilant audacity. Nowadays
everything would be done in legal decency and order. The debt being for a
hundred pence, and, therefore, being within the jurisdiction of the County
Court, a summons would have to be issued, fees would have to be paid to
the Treasury and the Court officials, and a lot of money spent and added
to the debt before imprisonment followed. Still the rough-and-ready
methods of the earlier centuries were certainly cheaper, and the result
was much the same. For we read that, though the fellow-servant pleaded in
the same formula, "Have patience with me, and I will pay thee," the
creditor of the hundred pence stood firm for his rights and cast his
fellow servant into prison till he should pay his due.
And if this had been a repertory drama and not a parable, the curtain had
fallen on that scene and one would have come away depressed with the
abjectness of human nature and with a cold feeling that the world was a
drab uncomfortable place. But the ancient dramatic stories always have a
happy ending. There is more of the spirit of the old Adelphi than of the
Gaiety Theatre, Manchester, about the parables. The lord hears of his
servant's scurvy behaviour and, to the delight of all sane men of
child-like and simple faith, the wicked servant is delivered to the
tormentors till he shall pay all that was due.
I confess that my legal mind has been haunted with the thought that, the
lord having forgiven the servant his debt, it was rather a strong order
for him to go back on that forgiveness. Doubtless there was no
consideration for the forgiveness, it was _nudum pactum_, or there may
have been an implied contract that the servant should do unto others as he
had been done by, but I rather expect the lord and his advisers only
considered the justice of their act rather than its technical legal
accuracy. But one thing we can rejoice in. There is the dramatic story,
and no one can construe it into approval of any form of imprisonment for
debt.
I know that many who do not regard the Bible as an authority will not be
troubled about this testimony; probably many more who do read the
Scriptures for guidance will be pained that anyone should make use of
holy words to upset a system that they find so useful in the commercial
weekdays of life. Moreover, some will shake their heads and remind me that
"the devil can cite Scripture for his purpose." That is true enough. But
it will be a very clever devil who can cite any Scripture in support of
section 5 of the Debtors Act, 1869.
Public-domain text, read in full here on John Shaqi.
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