active 1771-1808 Robert Holloway

“ O Mores! how subverted are the lock-up-houses of this day: the instant a debtor enters one of these confines, a temporary hell presents itself. He is hemmed in and surrounded by a set of wretches, whose daily bread depends on the misfortunes of others; on the one side he hears pettyfoggers reading lectures on the Theory of vice, on the other, bailiffs urging the necessity of its Practice; before him are raigned the unhappy pupils, industriously improving on their infernal precepts, and rendering fraud, perjury, rapine, and every degree of robbery, as mechanical as shoe-making ”

“ A weak conscience has disincumbered him of integrity, and a dislike to poverty freed him from every grain of morality. Right and wrong claim no distinction, but as they severally serve his interest. Justice and injustice bear the same convenient equality. It would be matter of wonder should a man, so happily equipped for advancement, miss success. ”

“ If it is inconvenient, out of pure friendship and humanity, a little time is given upon a bond and judgment, which is no sooner signed, &c. but execution is taken out and levied. The honest broker appraises the effects to one third the value, the monied friend purchases them under the sheriff’s bill of sale, the deluded wretch is robbed, beggared, and branded for a villain by his fair creditors, whilst the attorney, bailiff, broker, and purchaser divide the booty, and the unhappy debtor is sent to the King’s Bench or Fleet, as an additional proof of THEIR industry. ”

“ When anarchy supersedes order and subordination, when the laws become trampled on and violated, when right and wrong have lost their distinction, and justice and injustice are melted down into the same mass, Liberty will perish in the confused chaos, and we shall inevitably become slaves unpitied, inasmuch that we have voluntarily sapped the foundation of freedom, and forged the chains of our own bondage. ”

“ The seizure of your person and papers with a general warrant furnished us with one instance of ministerial oppression, or rather ministerial ignorance; to remedy which we have seen the misguided advocates of Liberty committing every species of violence without any warrant at all, spurning the authority of magistrates, and attempting a total subversion of that order and government so absolutely necessary to Genuine Liberty, the certain effects of a bigoted enthusiasm. Liberty in itself is the balm of life to an Englishman ”

“ An attorney of integrity and reputation as studiously shuns a contest with miscreants, so loaded with infamy, as they would an epidemical contagion; on the other hand, an attorney of the same stamp renders the remedy infinitely worse than the disease. The relief obtained from such an advocate serves but to involve and plunge the complainant in a more horrid gulph of distress, by picking his pocket of every shilling he can procure, and afterwards selling his cause to the infamous defendant. ”

“ However, as the evils arise not so much from the Defect of our laws as from a Breach of them, there is a firm bottom to proceed on, and from your insatiable hatred to oppression, we may hope to see some wholesome regulations in the sheriffs department. The judicious choice of Mr. Reynolds, as under-sheriff, will greatly facilitate a remedy to these growing complaints; from whom, as a man and friend to the community, we have every thing to hope—as an able lawyer, nothing to doubt. ”

“ Do not these laws murder the wretch languishing under the intenseness of hunger, and every other motive that the wants of human nature can urge, who steals a shilling, at the same time that they screen a dignified villain, living luxuriously on the spoils of a whole nation, who, by purchasing a little well-chewed eloquence at the bar, gets his robberies graced with the epithets of error and mistake? ”

“ In an undertaking so truly laudable and beneficial to the lives, liberties, and property of your fellow citizens and subjects, you cannot doubt the assistance of every friend to justice. Experience has furnished me with a plentiful stock of such materials most necessary to lay the foundation and ground-work of your intended plan, and I shall most cheerfully transfer them when called on. ”

“ The misery attending debtors would be often avoided, if creditors would DEIGN to see and treat with them, instead of sending an attorney, whose hearts in general are not made of penetrable stuff; to hope for mercy from them, is putting your finger in the fire and begging it not to burn.
Attornies fees amount to ten or fifteen pounds by suing a debtor to execution, and by making terms to avoid it as many shillings only; it is therefore absurd to suppose an attorney would advise an amicable adjustment. ”

“ A Dedication seems as necessary to a publication as legitimacy to a child; but as I have no blown-up fool to flatter, no private end to answer, no itch to become an author, thirst for praise, nor dread of censure, I shall therefore commit the annexed sheets to your protection ”

“ If the debtor has property, take it, and the end of arrest is fully answered. If no such property is to be found, the want of it can be no consolation to the debtor; and it is inhuman to add affliction on the back of misfortunes. ”

“ A spunging-house, in its present state, is as destructive to the principles of a man, as a brothel to the chastity of a woman; both enter with an equal degree of timidity and terror, and are seduced by similar stages of viciousness. ”

“ The bills become due—the acceptor no abilities to pay—writs are taken out—more bail is procured of the same complexion—more notes must be given for the same laudable purposes—more credulous tradesmen are easily found to take them, and the product divided as before—and so on ad infinitum, till his credit is on a level with their principles. ”

“ There is an innate satisfaction in human nature that will ever manifest itself when occasion presents the tribute of praise to our actions, and a generous mind feels an equal degree of pleasure in paying that tribute in the coin of truth ”

“ Pettyfogging attornies, bailiffs, brokers, and thieves of every denomination have devoured his substance, the creditors are in luck if enough is left to pay the expence a commission. The bankrupt is sent to gaol to linger out the remainder of a wretched life, as a reward for that folly and imprudence, which his creditors construe fraud and villany. ”

“ He is a remarkable instance of God’s love for the creation; to warn mankind against the wiles of his tongue, Infinite Goodness has set a token of deception in his countenance. In his face we have a perfect index to his heart, each feature is a hieroglyphic expressive of horrid crimes beyond the reach of language. ”

“ Chuse them as you do other officers of less consequence, by ballot, election, &c. such a mode of choice will soon procure proper persons, and put the officers on a reputable footing. There is nothing dishonourable in the profession itself, more than in constable p. 31or any other minister of justice; the name of bailiff is become contemptible ONLY from a notion, that none are such but those totally destitute of every spark of humanity and honesty. Sheriffs themselves are royal officers of great dignity, taking place even of noblemen in the county during their sheriffalty. ”

“ Attornies must produce receipts from under the hands of council, or other persons receiving fees, if requested by their clients, or they shall not be allowed them; and attornies must give in to their clients a true bill, under their own hand-writing, of all such fees, &c. one month before any action shall be brought against their clients for the same.
“No attorney shall delay his client’s suit from any advantage to himself, or demand more than his due fees and disbursements, under pain of a fine and disability to act. ”

“ The burglary thus completed, the plunder is appraised by the FAMILY broker, and as formally sold to another honest chapman in the FAMILY way. If the injured party should fortunately raise a friend to inquire into the nature of this atrocious robbery, what avails it! the matter comes before the court—affidavits innumerable prove the legality of the whole transaction, and the oppressor triumphs in victorious villany. Yet a man of common understanding will answer, how is it possible these depredations can be committed with impunity, in the face of such excellent laws? ”

“ Lock-up-houses, EMPHATICALLY called spunging-houses, were originally instituted for the mutual benefit and advantage of debtor and creditor, as a kind of interlocutory residence or respite from a prison, which gave to the former a lotted time to procure sureties for his appearance, raise money or friends to pay the debt, or otherwise settle the matter ”

“ The first and principal point is gained when they have prevailed on him not to pay or settle the debt. If he wants money a worthy honest man attends, who will lend it him, doing these things frequently to men in his situation. Five different messages are sent to his acquaintances to bail him; the messenger mistakes the way, and goes to his other creditors for more writs; the prisoner is charged a shilling or half a crown for each of those services. ”

“ Taking ALL the property they find is, in the Bailiff Dictionary, securing the ammunition to prevent A FIRING; the English of which is, robbing a man of ALL will prevent his having any thing left to procure redress. ”

“ However pernicious men may esteem those kind of services when at a distance from the necessity of accepting them, there are few to be found possessed of sufficient resolution to reject liberty on any terms. ”

“ If mankind in general were, Sir, blessed with your fortitude, they would eagerly concur in this maxim, that the worst of all danger is the dread on’t. Misfortunes gather strength by travelling, and come home loaded with affliction in proportion to the time they take to reach us ”

“ If any attorney shall procure a blank warrant from any sheriff, with intent to arrest, before a writ is delivered, he shall be expelled and punished.
“Every attorney must enter and file a warrant of attorney in the suit he is employed to prosecute, under the penalty of 10l. ”

“ He is a Judas in every thing but remorse; his insatiable avarice secures him from repentance, and he esteems not gold the less as being the price of Blood. He seems to have the gift of divinity, so far as to prophesy his own end ”

“ The multitude have long been taught to consider you as an oracle pregnant with miracles eventually as their different imaginations represented them; as yet those sanguine expectations are totally unanswered: it is therefore absolutely necessary to do something either to SERVE or DECEIVE, no matter which. ”

“ No arrest in civil cases is to be made with violence, by breaking open doors, unless when regular possession shall be recovered of any house, and the defendant happens to be in such House. Therefore bailiffs enter at their peril, and the defendant is justifiable in putting him to death in the very instant he ATTEMPTS to raise a latch; for it would be absurd to suppose the laws will protect a man in the commission of an unlawful act. ”

“ The attorney attends in capacity of midwife to his misfortunes, and most carefully delivers him of all his secrets, such as, how much property he is possessed of, how much he owes, and many other particulars very material to him ”

“ From the foregoing observations we may fairly conclude, that the present mode of holding the person of house-keepers in trade to bail, is no more beneficial to creditors than reputable to debtors, even supposing such arrest to be thoroughly consonant with the law of the land.
But to quit the legality, and turn to the equity and policy of confining the body of a debtor. There can be no reason given agreeable to humanity or christianity, why one party only should be punished for a crime, if p. ”

“ If we search the prisons through, it will appear, that a vast majority of prisoners are such from the villanies of attornies, the injustice of creditors, or from a disability to pay such debts as ought not, from the nature of their contract, to be paid. The just, p. 34fair, and honest man seldom imprisons his debtor for a want of abilities so much as for want of inclination. ”

“ I have sowed the seeds of reformation; it is you must manure the land, and give the increase. The task is undertook at infinite peril; an accumulation of enemies p. vienemies is the certain consequence, whilst a creation of friends amounts not to a glimmering hope. ”

“ Notwithstanding our laws abound with these and many more excellent provisions in behalf of the subjects at large, by prescribing p. 27limits to the power, and inforcing the duty, of attornies, we daily feel their inefficiency to protect our liberty and property, a proof that human foresight is unequal to the task of guarding against the invention and chicanery of necessitous villany. ”

“ A removal then of the officers, or at least the greatest part of them, is the first step towards a reformation; and the more effectually to eradicate the evil, as far as your power will extend, let them be replaced with men of moderate honesty and morality. ”

“ Amidst such a body of men, it is to be hoped that exceptions are not wanting; but I will venture to say, that those exceptions will chiefly be found in the serjeants at mace, some of whom have been reputable tradesmen, and still retain a memory of their own misfortunes, which serves to keep the faculties p. 32of feeling and humanity in a proper circulation, and makes them view the precipice from which they fell through the miseries of others. ”

“ Can it then be supposed, that the immediate deputies of an officer, whom the law honours with a judicial and ministerial jurisdiction, almost to unlimited power, should be composed of men too infamous for any other employment, such [31] only as are excluded from all social and friendly societies of men? ”

“ You should appoint proper persons in Middlesex to take bail-bonds, the same as in London; but under better regulations.
You should appoint a proper person to superintend lock-up-houses twice a week, and make returns of such prisoners as remain for want of bail, and the names p. ”