Law -- England; Poor -- England; Poor laws -- England; Working class -- England
You will, indeed, find that the whole history of the law and the poor
seems to be a long struggling of the poor out of slavery and serfdom where
they had a certain guaranteed amount of food and protection from their
masters, similar in nature to that given to the ox or the ass or anything
that was his, into a state of freedom, so-called, in which they had given
up their rights to food and protection without getting any certain rights
of wages or the equivalent of wages in return. We are in the middle of
adjusting these things to-day, and the story of imprisonment for debt, and
why it is retained at the present only for poor people, is a page in the
curious English history of social progress.
As long as the debtor was a vassal having certain duties to perform for
the lord of the manor his lordship thought him as much worth preserving as
the game or venison within the curtilage of his park. It was for this
reason you could not take his body in execution. As you may know, when you
obtain a judgment in a court of law the next thing to do is to proceed to
execution; that is to say, the judge having given you judgment a writ is
granted to you whereby you get the sheriff to take your part and seize for
you either the goods or body of your opponent. The history of these
ancient writs is full of amusing folklore for those who love such things,
and we still call them by their old dog-Latin names, not for any
scientific purpose, but for much the same reason that the doctors write
their prescriptions in hieroglyphics and priests mumble Latin or
English--but always mumble--in a cathedral. It is the essence of a
profession that it should be mysterious and incomprehensible, otherwise
the common herd would not respect it and pay its fees.
And, prior to Henry III., if you got a judgment against your neighbour for
money owing by him to you, your remedies of execution were these. By a
writ of _fieri facias_ the sheriff could be commanded to seize the goods
and chattels of the debtor in satisfaction of the debt. This dear old
writ, the _fieri facias_, affectionately alluded to as the _fi. fa._ by
attorneys, bailiffs and others who have the handling of the fellow, is
still with us. I agree that without him the delivery of judgments in
courts of law would be mainly of academic and rhetorical interest. For as
Gilbert--not William Schwenck, but Sir Geoffrey the Chief Baron--puts it,
if a party trusts a man with personal things, then his remedy should be
against the personal things of the debtor, and this seems a principle of
common law and common sense as just as it is homeopathic. As our
latter-day Gilbert would have put it, "the punishment fits the crime."
Public-domain text, read in full here on John Shaqi.
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