An Essay Upon Projects by Daniel Defoe
page 112 of 185 (60%)
page 112 of 185 (60%)
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is a statute against you; which run the poor man to such extremities
that he destroyed himself. Nothing is more frequent than for men who are reduced by miscarriage in trade to compound and set up again and get good estates; but a statute, as we call it, for ever shuts up all doors to the debtor's recovery, as if breaking were a crime so capital that he ought to be cast out of human society and exposed to extremities worse than death. And, which will further expose the fruitless severity of this law, it is easy to make it appear that all this cruelty to the debtor is so far, generally speaking, from advantaging the creditors, that it destroys the estate, consumes it in extravagant charges, and unless the debtor be consenting, seldom makes any considerable dividends. And I am bold to say there is no advantage made by the prosecuting of a statute with severity, but what might be doubly made by methods more merciful. And though I am not to prescribe to the legislators of the nation, yet by way of essay I take leave to give my opinion and my experience in the methods, consequences, and remedies of this law. All people know, who remember anything of the times when that law was made, that the evil it was pointed at was grown very rank, and breaking to defraud creditors so much a trade, that the parliament had good reason to set up a fury to deal with it; and I am far from reflecting on the makers of that law, who, no question, saw it was necessary at that time. But as laws, though in themselves good, are more or less so, as they are more or less seasonable, squared, and adapted to the circumstances and time of the evil they are made against; so it were worth while (with submission) for the same authority to examine: 1. Whether the length of time since that act was made has not given |
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