And whereas wiser heads than mine must be employed to compose this law, if ever it be made, they will have time to consider of more ways to secure the estate for the creditors, and, if possible, to tie the hands of the bankrupt yet faster.
This law, if ever such a happiness should arise to this kingdom, would be a present remedy for a multitude of evils which now we feel, and which are a sensible detriment to the trade of this nation.
1. With submission, I question not but it would prevent a great number of bankrupts, which now fall by divers causes. For,
(1.) It would effectually remove all crafty designed breakings, by which many honest men are ruined. And
(2.) Of course ’twould prevent the fall of those tradesmen who are forced to break by the knavery of such.
2. It would effectually suppress all those sanctuaries and refuges of thieves, the Mint, Friars, Savoy, Rules, and the like; and that these two ways:—
(1.) Honest men would have no need of it, here being a more safe, easy, and more honourable way to get out of trouble.
(2.) Knaves should have no protection from those places, and the Act be fortified against those places by the following clauses, which I have on purpose reserved to this head.
Since the provision this court of inquiries makes for the ease and deliverance of every debtor who is honest is so considerable, ’tis most certain that no man but he who has a design to cheat his creditors will refuse to accept of the favour; and therefore it should be enacted,
That if any man who is a tradesman or merchant shall break or fail, or shut up shop, or leave off trade, and shall not either pay or secure to his creditors their full and whole debts, twenty shillings in the pound, without abatement or deduction; or shall convey away their books or goods, in order to bring their creditors to any composition; or shall not apply to this office as aforesaid, shall be guilty of felony, and upon conviction of the same shall suffer as a felon, without benefit of clergy.
And if any such person shall take sanctuary either in the Mint, Friars, or other pretended privilege place, or shall convey thither any of their goods as aforesaid, to secure them from their creditors, upon complaint thereof made to any of His Majesty’s Justices of the Peace, they shall immediately grant warrants to the constable, &c., to search for the said persons and goods, who shall be aided and assisted by the trained bands, if need be, without any charge to the creditors, to search for, and discover the said persons and goods; and whoever were aiding in the carrying in the said goods, or whoever knowingly received either the goods or the person, should be also guilty of felony.
For as the indigent debtor is a branch of the commonwealth which deserves its care, so the wilful bankrupt is one of the worst sort of thieves. And it seems a little unequal that a poor fellow who for mere want steals from his neighbour some trifle shall be sent out of the kingdom, and sometimes out of the world, while a sort of people who defy justice, and violently resist the law, shall be suffered to carry men’s estates away before their faces, and no officers to be found who dare execute the law upon them.
Any man would be concerned to hear with what scandal and reproach foreigners do speak of the impotence of our constitution in this point; that in a civilised Government, as ours is, the strangest contempt of authority is shown that can be instanced in the world.
I may be a little the warmer on this head, on account that I have been a larger sufferer by such means than ordinary. But I appeal to all the world as to the equity of the case. What the difference is between having my house broken up in the night to be robbed, and a man coming in good credit, and with a proffer of ready money in the middle of the day, and buying 500 pounds of goods, and carrying them directly from my warehouse into the Mint, and the next day laugh at me, and bid me defiance; yet this I have seen done. I think ’tis the justest thing in the world that the last should be esteemed the greater thief, and deserves most to be hanged.
I have seen a creditor come with his wife and children, and beg of the debtor only to let him have part of his own goods again, which he had bought, knowing and designing to break. I have seen him with tears and entreaties petition for his own, or but some of it, and be taunted and sworn at, and denied by a saucy insolent bankrupt. That the poor man has been wholly ruined by the cheat. It is by the villainy of such many an honest man is undone, families starved and sent a begging, and yet no punishment prescribed by our laws for it.
By the aforesaid commission of inquiry all this might be most effectually prevented, an honest, indigent tradesman preserved, knavery detected and punished; Mints, Friars, and privilege-places suppressed, and without doubt a great number of insolencies avoided and prevented; of which many more particulars might be insisted upon, but I think these may be sufficient to lead anybody into the thought; and for the method, I leave it to the wise heads of the nation, who know better than I how to state the law to the circumstances of the crime.
Of Academies.
We have in England fewer of these than in any part of the world, at least where learning is in so much esteem. But to make amends, the two great seminaries we have are, without comparison, the greatest, I won’t say the best, in the world; and though much might be said here concerning universities in general, and foreign academies in particular, I content myself with noting that part in which we seem defective. The French, who justly value themselves upon erecting the most celebrated academy of Europe, owe the lustre of it very much to the great encouragement the kings of France have given to it. And one of the members making a speech at his entrance tells you that it is not the least of the glories of their invincible monarch to have engrossed all the learning of the world in that sublime body.
The peculiar study of the academy of Paris has been to refine and correct their own language, which they have done to that happy degree that we see it now spoken in all the courts of Christendom, as the language allowed to be most universal.
I had the honour once to be a member of a small society, who seemed to offer at this noble design in England. But the greatness of the work, and the modesty of the gentlemen concerned, prevailed with them to desist an enterprise which appeared too great for private hands to undertake. We want, indeed, a Richelieu to commence such a work. For I am persuaded were there such a genius in our kingdom to lead the way, there would not want capacities who could carry on the work to a glory equal to all that has gone before them. The English tongue is a subject not at all less worthy the labour of such a society than the French, and capable of a much greater perfection. The learned among the French will own that the comprehensiveness of expression is a glory in which the English tongue not only equals but excels its neighbours; Rapin, St. Evremont, and the most eminent French authors have acknowledged it. And my lord Roscommon, who is allowed to be a good judge of English, because he wrote it as exactly as any ever did, expresses what I mean in these lines:—
“For who did ever in French authors see The comprehensive English energy? The weighty bullion of one sterling line, Drawn to French wire would through whole pages shine.”
“And if our neighbours will yield us, as their greatest critic has done, the preference for sublimity and nobleness of style, we will willingly quit all pretensions to their insignificant gaiety.”
It is great pity that a subject so noble should not have some as noble to attempt it. And for a method, what greater can be set before us than the academy of Paris? Which, to give the French their due, stands foremost among all the great attempts in the learned part of the world.
The present King of England, of whom we have seen