Law -- England; Poor -- England; Poor laws -- England; Working class -- England
It is because I believe that the abolition of imprisonment for debt will
improve the character of our citizens, as it improved the character of the
Athenian citizens more than two thousand years ago, that I have put in so
many hours overtime in the advocacy of its abolition. But whilst I would
abolish imprisonment and should like to see the English workman paying his
way like his German brother, whilst I am eager to see the poorer classes
freed from the misery that debt and extravagance brings upon them to-day,
yet no one, I hope, recognises more clearly than I do the sacred duty of a
debtor to pay an honest debt. Every penny that he can save after his first
duties of maintenance of wife and family should be devoted towards the
repayment of debts. But this is a personal obligation on a man, like
speaking the truth, or treating mankind with courtesy, and, in a word, is
only a branch of the golden rule of doing to others as you would be done
by. The breach of this obligation ought not, as it seems to me, to be
treated nowadays as more than a case of a flagrant breach of good manners,
and I would rather imprison a man who forgets to shut a railway carriage
door when he gets out on a winter night than a man who omits to pay me the
five shillings he borrowed yesterday. Both are ill-mannered fellows and
must be dealt with socially, but not, I think, by imprisonment. Debt,
except from misfortune, is really "worse form" than drunkenness. When that
is generally understood no Debtors Act will be necessary.
And the right feeling of a respectable debtor towards his creditor seems
to me stated in very apt and beautiful words by old Jeremy Taylor in one
of his "Prayers relating to Justice," in which he sets out the correct
petition to be made thus: "And next enable me to pay my duty to all my
friends, and my debts to all my creditors, that none be made miserable or
lessened in his estate by his kindness to me, or traffic with me. Forgive
me all those sins and irregular actions by which I entered into debt
further than my necessity required, or by which such necessity was brought
upon me; but let them not suffer by occasion of my sin."
And if all debtors were moved by the aspirations included in this noble
prayer, and if all creditors refused credit to poor folk unless they
believed them to be men of such a character that the ideas of the petition
were really living in their hearts, then, I think, there would be no need
of imprisonment for debt or for County Court judges either. Indeed, the
millennium would be at hand. But short of that great day, we are surely
entitled to act as though the majority of mankind preferred right action
to wrong action and not to encourage a class of debtors and creditors
whose _nexus_ is force and imprisonment rather than friendship and
goodwill. The working man should be able to say with Piers Plowman:
"Though I should die to-day, my debts are paid," and the law should help
him to that end.
CHAPTER V
Public-domain text, read in full here on John Shaqi.
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