Law -- England; Poor -- England; Poor laws -- England; Working class -- England
Until the end of the eighteenth century the harshness and cruelty of
imprisonment for debt received little attention. The history of the
debtors' prisons, the Fleet, the King's Bench, the Marshalsea and the City
Compters, are pages of the story of our law that no one can read to-day
without shame. Yet the Howards and Frys who called attention to the facts
met with just as little encouragement and attention from the rulers of the
country as anyone does to-day who desires to put the coping stones on the
completed work, the foundations of which were laid by these great
reformers.
The extraordinary results that took place through imprisonment for debt
as it existed in the eighteenth century are surely beyond parallel in any
legal system. The plays and fictions of the time are full of instances.
You remember when Roderick Random finds himself in the Marshalsea he meets
with his old friend Jackson and asks him about his _amour_ with the lady
of fortune: "You must know," replies Jackson, "that a few days after our
adventure I found means to be married to that same fine lady you speak of
and passed the night with her at her lodgings, so much to her
satisfaction, that early in the morning, after a good deal of snivelling
and sobbing, she owned that far from being an heiress of great fortune she
was no other than a common woman of the town who had decoyed me into
matrimony in order to enjoy the privilege of a _femme couverte_, and that
unless I made my escape immediately I should be arrested for a debt of her
contracting by bailiffs employed and instructed for that purpose." Upon
hearing this poor Jackson escapes and serves for a few months as surgeon
of a sloop, but, on his return, is arrested for a debt of his wife's and
comes to live at the Marshalsea on half pay.
Nor is there anything wildly improbable in the story. Smollett had been in
a debtor's prison himself, and very likely had heard the story at first
hand, for many equally extraordinary stories in real life are well
authenticated.
There was the strange case of the lady who married a man under sentence of
death to get rid of her debts, and was greatly upset when her husband was
respited and sent to the colonies. But perhaps one of the most curious
stories is that of the dear old blind spinster of Clerkenwell, with a
fortune of a thousand pounds, who took a deep interest in the career of an
industrious shoemaker's apprentice and made him presents of clothes and a
watch and lent him ten pounds. When he was out of his articles and was
about to go home to Leicestershire and settle down there, he was arrested
for the loan and the attorney's bill of costs and the "garnish" at the
lock-up to which he was taken. After a few days the kind-hearted lady
visited him and offered him three alternatives. He might pay the money; go
to the debtor's prison for the rest of his life; or marry her. He chose
the last alternative and was kept in the sponging house until his wedding
day.
Public-domain text, read in full here on John Shaqi.
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