The Sun.
London, England, 1818-10-14 00:00:00

WEDNESDAY, OCTOBER 14, 1818

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A SHRMON.—BytheItev.W.WODSWORTII,
XX Rector of St. Peter, Sandwich, and thapl;lin to Lord
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FOR THE SUN.

OF INIPRISONNIENT 17011 DEBT, AND 'rUE ACT OF

INSOLVENCi.

LETTER PIL

It has been seen what a dreadnd price is pail
for a Itmpring credit, impriideAy given on one
hand, and human folly for taking it on the other.
The only instances that seem to kv arrmit the ar-
rest of the person without notice, ate when a
debtor is about to leave the Kingdom,, and to
hove personal property sufficient to pay all just
demands upon him, or when he has done violence
to the pet%on of another. In these cases, on kill
oath thereof, made before a Judge, an arrest may
be as justifiable Its tinder the prerogative writ at
Ne erect Regnum, which only issues on a petition
to the King in Chancery, and not of course.
We are sensible of the benefits derived from an
Act of the present Reign, called " Lord Beau-
champ's Act,— to prevent arrests in a base Court
for less than 101., which was opposed only by its
Attornies and Officers; and there being none
other that can be affected by a more general re-
form, it is devoutly to be wished that such was
adopted, which, having the old law for its basis,
would preserve personal liberty inviolate, and pro-
mote a general good.
In the Exchequer, the Court, es founded by
William the Norman, and established by Edward
I , is divided into one of Equity, another of Law,
and thesnitors are feigned to be debtors to the King,
so as to come within their cognizance, and he
cd-
judged by the Barons thereof. The first lit pro-
cess there is the Quo minus sifiliciens existit, so
called from the meaning of these words in the
writ, which is, that the complainant, as debtor to
the Crown, is injured by the defendant, whereby
he is less able to pay the demand. Linder this
writ, and an affidavit that the debt amounts to 101.
(now 15,) a person may be arrested ; but as this
is exceptionable, as under the Cupias in the Com-
mon Pleas, and Bill in the King's Bench, the
Court of Exchequer, as a Court of Revenue, issue
two other law writs, one called a Snliptcno, the
other a Venire. By the Subprna, a defendant is
commanded to appear on service of it, and if he
do not, an attachment goes against him, under
which he is arrested. By the Venire, he is stn-
moiled to appear by the She'll], and if he do
nut, a distringas issues against his goods. This
entitles both to a preference, though they are
only sued out when a di-fendant conceals himself
from the public, notwithstanding they answer a
better purpose than the Quo Minus, under which
he is arrested in the first instance, without any
notice, service, or summons whatever.
A distinction should be made in the mode of
putting debts in suit. The special, which a
debtor ascertains himself, if they amount to 501.
might, under particular circumstances, counte-
nance an arrest, for the sake of bail, as a present
security ; but the simple, which are made up as
the credi•or pleases, and open to investigation be-
fore a Court and Jury to ascertain them, should
never subject a debtor to be arrested, any more
than a person can be in a penal action, and for
an obvious reason, because be, against whom it
is brought, is not convicted of the offence. It is
enough that after judgment debtors may be ar-
rested in execution thereof. After they have suf-
fered imprisonment under an arrest in action of
debt, for less than 501. before judgment, no won-
der they prefer its continuance to the purchase of
their discharge at so high a price as the long loss
of liberty, for which they have no redress, and
the payment of double what they owed, but
would not satisfy. Many debtors have made this
choice, and died in confinement, after living on
that property the whole of its duration, which
their creditors might have taken in execution of
their judgments.
AN OLD BARRISTER, of the Inner Temple.
(To be Continued.)