the Merchant's Service 1747
Society for the Relief of poor Widows and Children
of Clergymen, instituted by Charter 1768
Rayne's Hospital for 40 girls, who receive 100_l._ portion
on their marriage 1736
Society called the Feast of the Sons of the Clergy, for
apprenticing their indigent Children, No. 5, Gray's
Inn Square
Freemason's Charity
Society for the relief of Persons confined for Small
Debts, Craven-street, Strand
Society for bettering the condition, and increasing
the comforts of the Poor
Society for improving the condition of Chimney-Sweepers
Five Soup Societies
Workhouses
Private Asylums for Lunatics
91 Public Companies in the City of London, who give
in charity above L.75,000 a year
Stock's Blind Charity, distributed by the Painters-Stainers'
Company 1786
Hetherington's Blind Charity, payable at Christ's
Hospital 1787
Asylum for Deaf and Dumb Poor, Grange Road,
Bermondsey 1792
Charitable Society for Industrious Poor, School
House, Hatton Garden
Society for Charitable Purposes, Wardour-street,
Soho 1773
1600 Friendly Societies in the Metropolis and its vicinity,
of which about 800 have enrolled themselves
under the Act of Parliament, 33 Geo. III. cap.
54. They are composed of mechanics and labouring
people, who distribute to sick members,
and for funerals, sums raised by monthly
payments, amounting on an average to 1_s._ 8_d._
a month, or 20_s._ a year, and consisting of
about 80,000 members, who thus raise annually
80,000_l._
Reflecting on the foregoing list of various laudable Institutions,
which it cannot be expected should be altogether perfect, but which
may be said to be unparalleled in point of extent, as well as
munificence, and conferring the highest honour on the National
Character for Charity and Humanity; the mind is lost in astonishment,
that greater and more extensive benefits have not arisen to the
inhabitants of the Metropolis; not only in improving their morals,
but in preventing the lowest orders of the People from suffering that
extreme misery and wretchedness, which has already been stated to
exist in so great a degree in London.
When it is also recollected, that large sums are annually expended by
Societies instituted for promoting religion, virtue, and good morals,
it must be evident, as human misery does not appear to be alleviated,
and the morals of the People grow worse--that there must be some cause
to produce effects so opposite to what might have been expected from
such unparalleled philanthropy; the cause, indeed, may easily be
traced to that evident deficiency in the general System of Police,
which has so often been mentioned in the course of this Work.[182]
[Footnote 182: But particularly that branch of it, which relates to
the management of the Poor, than which nothing in a greater degree
requires immediate improvement; since it is unquestionably true, and
has, indeed, been already shewn, that from this source incalculable
evils have arisen, which must proportionately increase, until some
effectual remedy is applied.--See Chapter 13th, where a remedy is
proposed.]
In the next place, it may be useful, and certainly cannot be improper,
in a Treatise on the Police, to insert a brief detail of the different
Courts of Law, and public Prisons, established in the Metropolis; for
the distribution of Justice, and the punishment of delinquents, for
civil as well as criminal offences; together with the number of
professional men attached to these various Law establishments.
COURTS OF JUSTICE
IN THE
_METROPOLIS_.
Supreme Courts.
The High Court of Parliament.
The House of Lords; being the Appeal in the last resort in
all causes criminal and civil.
The Court of Exchequer Chamber, before which Writs of
Error are brought on judgments in the Court of King's Bench
and other Courts; it is composed, in certain cases, of all the
Twelve Judges, and the Lord Chancellor; but sometimes of
a smaller number.
The High Court of Chancery--at Westminster Hall--and
Lincoln's Inn Hall.
The Court of King's Bench, held in Westminster Hall.
The Court of Common Pleas, held in Westminster Hall.
The Court of Exchequer--a Court of Law, Equity and
Revenue; held at Westminster Hall and Serjeant's Inn.
The Court of Appeals in Colonial and Prize Causes; before
the Lords of his Majesty's Privy Council at Whitehall.
The High Court of Admiralty, for Prizes, &c. at Doctor's
Commons; and in criminal Cases, twice a year, at the Old
Bailey.
Four Ecclesiastical Courts. Doctors' Commons.
Prerogative Court, for Wills
and Administrations
Court of Arches, for Appeals
from inferior Ecclesiastical
Courts in the Province of
Canterbury; the Court of
Peculiars is a branch of this
Court.
Faculty Court, to grant Dispensations
to marry, &c.
Court of Delegates for Ecclesiastical
Affairs.
The Court of Oyer and
Terminer and Gaol-Delivery
for trying
Criminals at the Justice
Hall, Old Bailey
Held by His Majesty's Commission
to the Lord-Mayor, Judges, Recorder
and Common Serjeant, &c.
Seventeen Courts in the City of London.
Court of Hustings
The Supreme Court of the City for Pleas of
Land and Common Pleas
The Lord-Mayor's Court
For Actions of Debt and Trespass, and for
Appeals from inferior Courts and for foreign
attachments; giving decisions in all
cases whatsoever, in 14 days, at an expence
not exceeding thirty Shillings; held in the
King's Bench, Guildhall, by the Lord-Mayor,
Recorder, and Aldermen.
Court of Requests
Held by two Aldermen and four Members of
the Common Council, appointed by the
Lord-Mayor and Aldermen; three of
whom form a Court for the recovery of
small debts under 40_s._ at the expence of 10_d._
Chamberlain's Court
Held every day to determine differences between
masters and apprentices; and to admit
those qualified to the freedom of the
City.
Sheriff's Court
Held every Wednesday, Thursday, Friday,
and Saturday, at Guildhall; where Actions
of Debt and Trespass, &c. are tried by the
Sheriff, and his Deputy, who are Judges of
the Court.
Court of Orphans
Held before the Lord-Mayor and Aldermen,
as Guardians of the Children of deceased
Freemen under twenty-one years of age, &c.
Pie Poudre Court
Held by the Lord-Mayor and Stewards, for
administering instantaneous Justice between
Buyers and Sellers at Bartholomew Fair, to
redress all such disorders as may arise there.
Court of Conservancy
Held by the Lord Mayor and Aldermen four
times a year, in Middlesex, Essex, Kent,
and Surry; who inquire by a Jury, into
Abuses relative to the Fishing on the River
Thames, and redress the same; from Staines
_West_, to Yenfleet _East_.
Court of Lord-Mayor, and
Aldermen.--Court of Common
Council.--Court of
Common Hall.--Court of
Wardmotes
These relate to setting the Assize
on Bread and Salt--to the municipal
Officers of the City--to
the Elections of Lord-Mayor,
Sheriffs, and Officers of the
City--and to the Management
of the Public Property of the
City, and removing Nuisances.
The Wardmotes are held chiefly
for the Election of Aldermen
& Common Councilmen.
General and Quarter Sessions of the Peace, held by the Lord-Mayor
and Aldermen, eight times a year.
Petty Sessions for small Offences, &c. held at
the Mansion House by the Lord-Mayor
and one Alderman: and at Guildhall by
two Aldermen in rotation
Daily, in the forenoon
Coroners' Court
To inquire into the causes of sudden deaths,
when they arise.
Court of the Tower of London
Held within the verge of the City by a Stewart
appointed by the Constable of the
Tower, before whom are tried Actions of
Debt, Trespasses, and Covenants.
Courts of Justice within the City and
Liberty of Westminster.
Court of the Duchy of Lancaster
A supreme Court of Record, held in Somerset
Place, for deciding by the Chancellor of the
said Duchy, all matters of Law or Equity belonging
to the County Palatine of Lancaster
Quarter Sessions of the Peace
A Court of Record, held by the Justices of the
City and Liberty of Westminster, four
times a year, at the Guildhall, Westminster,
for all Trespasses, Petty Larcenies, and
other small Offences, committed within the
City and Liberty
Westminster Court
Or Court Leet, held by the Dean of Westminster
or his Steward, for choosing parochial
Officers, preventing and removing
Nuisances, &c.
Court of Requests,
Castle-street, Leicester-square
Held by Commissioners (being respectable
Housekeepers) for deciding without appeal,
all Pleas for Debts under forty shillings.
For the parishes of St. Margaret, St. John,
St. Martin, St. Paul Covent Garden, St.
Clement Danes, St. Mary le Strand, and
that part of the Dutchy of Lancaster which
joins Westminster
Court of Requests,
Vinestreet, Piccadilly
Held in the same manner, and for the same
purposes; for the parishes of St. Anne,
St. George Hanover-square, and St. James,
Westminster
Petty Sessions, or Police Court,
held at Bow-street
A Court of Petty Sessions, held by two Magistrates
every day, (Sunday excepted) morning
and evening, for matters of Police, and various
Offences, and Misdemeanors, &c.
Police Court or Petty Sessions,
held at Queen-sq. Westminster
A Court of Petty Sessions established by Act
of Parliament, held every day, morning &
evening, (Sunday excepted) by two Magistrates,
for matters of Police, and various
Offences, Misdemeanors, &c.
Police Court, or petty Sessions,
held at Great Marlborough-str.
The same.
Courts of Justice in that part of the Metropolis,
which lies within the County of Middlesex.
St. Martins-le-Grand Court
_A Court of Record_, subject to the Dean and
Chapter of Westminster, held every Wednesday,
for the trial of all personal Actions.
The process is by a Capias against the body,
or an Attachment against the goods in this
particular Liberty
East Smithfield Court
A Court Leet and Court Baron, held for this
Liberty, to inquire into Nuisances, &c.--In
the Court Baron Pleas are held to the
amount of forty shillings
Finsbury Court
A Court Leet held once a year, by a Steward
of the Lord-Mayor, as Lord of the Manor of
Finsbury, for inquiring into those Nuisances
competent for Leet Juries, by ancient usage,
and swearing in Constables for the Manor
St. Catherine's Court
Two Courts are competent to be held within
this small Precinct, for Actions of Debt and
Trespass, at St. Catherine's near the Tower
Whitechapel Court
A Court held by the Steward of the Manor of
Stepney, by whom, and a Jury, are tried Actions
of Debt for 5_l._ and under, &c. &c.
Sheriff's Court
For the County of Middlesex, for Actions of
Debt, Trespasses, Assaults, &c.
Quarter and General sessions
of the Peace, and Sessions of
Oyer and Terminer
Held by the Justices of the County of Middlesex,
eight times a year, at the New Sessions
House, Clerkenwell Green, for all
Trespasses, Petty Larcenies, Misdemeanors,
and other offences, &c. and for Roads,
Bridges, and other County Affairs
Petty Sessions or Police Court,
established by Act of Parliament
A Court of Petty Sessions, held every morning
and evening, (Sunday excepted) by two
Magistrates, at the Public Office, in Hatton
Garden, for matters of Police and various
Offences, Misdemeanors, &c.
Petty Session, or Police Court
At the Public Office, Worship-street, near
Finsbury-square, by two Justices, for objects
of Police, &c.
_Idem_
At the Public Office, Lambeth-street, Whitechapel
_Idem_
At the Public Office, High-street, Shadwell
Two Coroner's Courts
For inquiring into causes of sudden death
Court of Requests
Small debts under 40_s._ without appeal,
held in Fulwood's Rents, Holborn, for the
Division of Finsbury
Court of Requests
For small debts under 40_s._ without appeal,
held in Osborn-street, Whitechapel, by
Commissioners, under the Act of Parliament,
chosen annually by the several Parishes
in the Tower Hamlets
General and Quarter Sessions of the
Peace for the Liberty of the Tower of London.
Held by the Justices of that Liberty,
8 times a year for Petty Larcenies,
Trespasses, Felonies, and Misdemeanors,
&c. within that particular District
Courts of Justice in the Borough
of Southwark, Surry.
Court of Record
Held at St. Margaret's Hill, Southwark, by
the Lord-Mayor's Steward, for Actions of
small Debts, Damages, Trespass, &c.
Court of Record
For the Clink Liberty, held near Bankside,
in Southwark, by the Bishop of Winchester's
Steward, for Actions of Debt, Trespass, &c.
within that Liberty
Marshalsea Court
A Court of Record (or the Court of the Royal
Palace) having jurisdiction 12 miles round
Whitehall (exclusive of the City of London)
for actions of Debts, Damages, Trespasses,
&c. and subject to be removed to a higher
Court of Law, when above 5_l._
Court of Requests
For the recovery of small Debts under 40_s._
without appeal, held at St. Margaret's Hill,
by Commissioners chosen under the Act of
Parliament, by the different Parishes
Coroners' Court
To inquire into causes of sudden Death--in
Southwark, &c.
Quarter Sessions of the Peace
Held by the Lord-Mayor and Aldermen, at
St. Margaret's Hill, for the Borough of
Southwark
Quarter Sessions of the Peace
for the County of Surry
Held at the New Sessions House in
Southwark, by the Magistrates of the
County of Surry
Petty Sessions, or Police Court,
established by Act of Parliament
A Court held every morning and evening
by two Justices, at the Public Office, Union
Hall, Union-street, Southwark, for Objects
of Police, &c.
PRISONS _in the_ METROPOLIS.
1. King's Bench Prison, for Debtors on Process or Execution in the
King's Bench, &c. St. George's Fields
2. Fleet Prison, for Debtors on Process, &c. in the Common Pleas,
&c. Fleet Market
For the City of London.
3. Ludgate Prison, Bishopsgate-street
4. Poultry Compter, in the Poultry
5. Giltspur-street Compter, Giltspur-street
6. Newgate, or City and County Gaol, Old Bailey
7. New Prison, Clerkenwell--Gaol for the County of Middlesex
8. Prison for the Liberty of the Tower of London, Well-close-square
9. Whitechapel Prison for Debtors in the five pound court
10. Savoy Prison for Deserters and Military Delinquents
Houses of Correction.
11. City Bridewell--Bridewell, Bridge-street, Blackfriars
12. Tothill Fields Bridewell--Tothill Fields
13. Spa Fields Penitentiary House
14. New Bridewell in the Borough of Southwark
15. County Gaol for Surry in the Borough of Southwark
16. Clink Gaol, in ditto
17. Marshalsea Gaol, in the Borough, for Pirates, &c.
18. New Gaol, in the Borough.
Nothing, perhaps, can manifest, in a greater degree, the increased
commerce and population of the Metropolis of the Empire, than the
following summary detail of the different classes of professional men
connected with the various departments of the Law.
It appears from the preceding Statements, that there are in the
Metropolis
9 Supreme Courts; to which are attached 270 officers[183]
4 Ecclesiastical Courts 54 do.
18 Inferior Courts for small Debts 146 do.
1 Court of Oyer and Terminer, and Gaol Delivery 27 do.
4 Courts of General and Quarter Sessions of the
Peace 46 do.
10 Courts and Petty Sessions for purposes of
Police 190 do.
5 Coroners' Courts 20 do.
---
753
King's Serjeants, Attorney and Solicitor General,
and King's Advocate 8
Serjeants at Law 14
Doctors of Law 14
King's Counsel 25
Masters in Chancery 10
Barristers at Law 400
Special Pleaders 50
Proctors in Doctors' Commons 50
Conveyancers 40
Attorneys at Law in the different Courts 1,900
Clerks, Assistants, and others, estimated at 3,700
Notaries Public 36
-----
Total about 7,000
[Footnote 183: See for some further particulars the 27th Report of the
Finance Committee.]
It is impossible to contemplate this view of a very interesting
subject, without being forcibly struck with the vast extent of the
wealth and commercial intercourse of the Country, which furnish
advantageous employment for such a multitude of individuals in one
particular profession. Every good man, and every lover of his country,
must anxiously wish that the advantages may be reciprocal; and that
men of talents, integrity, and ability, in the profession of the Law,
while they extend their aid to the removal of those evils which are a
reproach to the criminal jurisprudence of the Country, would also
assist in procuring the removal of the inconveniences at present felt
in the recovery of small debts. This is peculiarly irksome to every
well-disposed person, who, in the course of business, having
transactions with the mass of mankind, cannot avoid frequently meeting
with bad or litigious characters, by whom disputes are unavoidably
generated.
According to the prevailing System, if the debt exceeds 40_s._ the
action may be brought in a superior Court, where, if contested or
defended, the expence, at the lowest computation, must be upwards of
fifty pounds. Prudent men, under such circumstances, will forego a
just claim upon another, or make up a false one upon themselves, as by
far the least of two evils, in all cases where they come in contact
with designing and bad people; and hence it is, that the worthless
part of mankind, availing themselves in _Civil_ as others do in
_Criminal Cases_, of the imperfections of the Law, forge these
defects into a rod of oppression, either to defraud the honest part of
the Community of a just right, or to create fraudulent demands, where
no right attaches; merely because those miscreants know that an action
at Law, even for 20_l._ cannot either be prosecuted or defended,
without sinking three times the amount in Law expences; besides the
loss of time, which is still more valuable to men in business.
To convince the Reader that this observation is not hazarded on weak
grounds, and that the evil is so great as to cry aloud for a remedy,
it is only necessary to state, that in the County of Middlesex alone,
in the year 1793, the number of bailable writs and executions, for
debts from _Ten_ to _Twenty_ pounds, amounted to no less than 5,719,
and the aggregate amount of the debts sued for was the sum of
L.81,791.
It will scarcely be credited, _although it is most unquestionably
true_, that the mere costs of these actions, although made up, and not
defended at all, would amount to 68,728_l._--And if defended, the
aggregate expence to recover 81,791_l._ must be--(_strange and
incredible as it may appear_), no less than 285,905_l._! being
considerably more than three times the amount of the debts sued for.
The mind is lost in astonishment at the contemplation of a
circumstance, marking, in so strong a degree, the deficiency of this
important branch of the jurisprudence of the Country.
Through this new medium we discover one of the many causes of the
increase of crimes.--And hence that caution which men in business are
compelled to exercise (especially in the Metropolis), to avoid
transactions with those who are supposed to be devoid of principle.
Whenever the Laws cannot be promptly executed, at an expence, that
will not restrain the worthy and useful part of the Community from the
following up their just rights, bad men will multiply. The morals of
the People will become more and more corrupted, and the best interests
of the State will be endangered.
In a political as well as in a moral point of view, it is an evil that
should not be suffered to exist; especially when it can be
demonstrated, that a remedy may be applied, without affecting the
pecuniary interest of the more reputable part of the Profession of the
Law, while it would unquestionably produce a more general diffusion of
Emolument.
If, instead of the various inferior Courts for the recovery of debts,
(exclusive of the Courts of Conscience) which have been mentioned in
this Chapter, and which are of very limited use on account of appeals
lying in all actions above 5_l._--the Justices, in General Sessions of
the Peace, _specially commissioned_, were to be empowered to hear and
determine _finally, by a Jury_, all actions of debt under 50_l._ and
to tax the Costs _in proportion to the amount of the Verdict_, great
benefits would result to the Public. _At present, the rule is to allow
the same cost for forty shillings as for ten thousand pounds!_[184]--It
depends only on the length of the pleadings, and not on the value of
the action.
[Footnote 184: The following authentic table, divided into four
Classes, will shew in forcible colours, the evils which arise from
there being no distinction between the amount of the sum to be
recovered in one action and another, in settling the costs. In the
county of Middlesex, in the year 1793, the actions for recovering
debts stood thus:
Classes.
| |Number of Writs.
| | |of which Bailable.
| | | |Executions.
| | | | |Costs of Actions
| | | | |undefended at 12_l._ each.
| | | | | |Costs of Actions
| | | | | |defended at 50_l._
| | | | | |each.
| | | | | | |Net Amount
| | | | | | |of Debts
| | | | | | |sued for
| | | | |L. |L. |L.
1|from 10 to 20_l._| 5,719| 4,966| 753| 68,728|285,950| 81,791
2| 20 to 30_l._| 2,267| 1,878| 389| 21,090|113,350| 85,675
3| 30 to 100_l._| 4,367| 2,492|1,875| 52,404|238,350| 237,358
4| L.100 & upw. | 2,324| 1,769| 555| 27,160|116,200|1,010,379
| +------+------+-----+-------+-------+---------
| |14,677|11,105|3,572|169,382|753,850|1,385,203
Thus it appears, that upwards of one million of money, in the 4th
class, is recovered at considerably less than half the expence of
81,791_l._ in the 1st class.]
Humanity, Justice, and Policy, plead for an improvement of the System;
more particularly when it is recollected that, between _Six_ and
_Seven Thousand_ unfortunate persons are arrested annually on _mesne
process_ in Middlesex alone, one half of whom are for debts _under
twenty pounds_. In the kingdom at large, the number is not less than
_Forty Thousand_ for trifling debts in the course of a year!--The
unavoidable expence, therefore, at the lowest computation, is a most
grievous burden, which on many occasions, sends both the plaintiff and
defendant to a gaol, for the Attorney's bills, to the total ruin of
themselves, and often to the destruction of their families.
The Evil, in this view, is exceedingly prominent.--It involves in it
consequences which trench upon the best interests of the Country. The
Mischief increases, unperceived by the people at large, and Remedies
are not applied; because few men will subject themselves to
investigations of great labour, without which facts are not to be
obtained; and without facts it is impossible to reason with accuracy,
or to draw just conclusions upon any subject.
It will be found upon inquiry, that the miseries of a gaol, by which
the inferior orders of the people are often punished, do not so
frequently attach to the worthless and profligate part of the
Community, as to those who have been useful members of the State--Like
the adroit thief, encouraged to proceed by many escapes, Knaves are
seldom victims to the severity of the Law.--The Innocent, and often
the Industrious, unskilled in the tricks and artifices which bad men
pursue to rid themselves of incumbrances, (for which there is abundant
resource in the chicane of the Law;) are generally the sufferers.
To incarcerate one member of the body politic, whose misfortunes and
losses may have arisen from giving credit to another, who is relieved
by a Commission of Bankrupt,[185] because his debts amounted to more
than 100_l._ seems not well to accord with Justice, Humanity, or State
Policy. It debases the minds of thousands whose conduct never deserved
such a fate--who were from the nature of their dealings, _although
small_, entitled upon the principle adopted by the Legislature, to the
same relief which is extended to the higher classes by whom they often
suffer--and sometimes too by the most worthless and depraved.--While
no good can arise from their confinement, it is thus rendered
infinitely more severe than that, which is, in many instances,
inflicted on criminal offenders.--Their labour is lost to the
Community.--Their families are neglected--and perhaps reared up in
vice and idleness to become Nuisances in that Society, of which they
might have been virtuous and useful Members.