EXPOSURE OF THE MARSHALSEA COIURT.
THE Palace or Marshalsea Court was originally instituted for the settlement of disputed claims upon persons in the Royal House- hold : its powers are now extended for the recovery of small debts within a circle of twelve miles, taking the Palace for a centre, but excepting the area covered by the city of London. A court for the recovery of small debts should at least be inexpen- sive: bow far this condition is complied with, may be ascertained from the report of the author of this pamphlet, who seems to be very familiar with all its processes.
Most of the actions tried in this court, are under 101., and generally confined
• to small tradesmen, the journeyman mechanic and the poor man. Now, a poor man is actually unable to defend an action (however good his defence may be), from the truly Royal enormonslaw costs; the select practitioneis refusing even to put in an appearance under 21s. to 25s., and the money must be paid down. The total sum required to defend an action, however small, being not less than from 81. to 10/. No credit for poor defendants in this court; although plain- tiffs of known, or even supposed property, can be accommodated as in the supe- rior courts' the result is that (perhaps) three fourths of the causes in this court are suffered by the defendants to go by default. A single visit to the court (on a Friday) will convince the most sceptical of this fact. It is monstrous to hear the monotony—" Verdict for the Plaintiff! "—" Verdict for the Plain- tiff! ! "—" Verdict for the Plaintiff! !! "—and can only be compared to the drawing of a lottery, where there are so many blanks to one prize. Plaintiffs are well aware of this fact, and having the additional chance (if not certainty) of the defendant suffering Judgment to go by default, very naturally prefer this court; too often for the gratification of malice more than with the hope of getting their money, finding it an easy, cheap, expeditious mode of ruining their opponent.
The term "select practitioners" implies the fact, that but six attornies are permitted to practice in this court, who buy their places. But another and more complete view is given of the ex- penses of this court, in the following history of a poor green- grocer.
A young man had opened a green-grocer's shop in a neighbourhood where one of the same trade had been some time established. These rivals, lived, how- ever, on apparently friendly terms, and occasionally accommodated each other with goods which the other happened to be short of. This was a trap laid by the crafty established man, which the other unfortunately fell into. He became indebted to his established rival 35s. A demand was made of 45s.; this, of course' was demurred to, and 35s. offered, but refused. Next day, the debtor wvis served with a Marshalsea Writ (without having received the usual compli- ment of a six-and-eiglatpenny letter). The defendant now related his case to an -attorney of the court, who advised him to defend it. The first step towards which, was to put in an appearance, for which purpose 25s. was demanded and _paid. In a few clay§ after, the defendant was served with a notice of declara- tion. Again he visits his man of law, and two guineas is demanded to plead ; the astonished defendant began to hesitate, yet relying on the justice of his ,cause, he parted with his two guineas. In another week, he was served with notice of trial. Of course he paid his lawyer another visit, who then demanded 45/., for briefs, fees to counsel, subpcenas, &c. The defendant was thunder- struck ; 5/. in addition to what he had already paid, to avoid an imposition of 10s. ; and, after all, he now found there was the "glorious uncertainty of the idtV " to come ! The poor man could not find so much money : and after having parted with 3/. 7s. to prevent his being robbed of 10s., was at last obliged to suffer judgment to go by default! Feeling a just indignation at being unable to obtain Justice, he resolved to let the worst come. It did come, and he was consigned to. prison ! And, as troubles never come alone, his landlord, find- ing he was in prison, seized for a quarter's rent, and sold even the bed from under his wife! The plaintiff's end was answered : he got rid of his rival, and not content with that, he does not fail, at every opportunity, to apply a tolera- ble quantity of abuse on the character of the unfortunate defendant.
This poor fellow took the benefit of the Insolvent Debtors' Act, and was only released from a prison to join his Wife (an amiable young woman) in a workhouse.
It is a fold blot on any community, that such. barbarous extor- tion should be permitted even for a day ; but here is. a vile and contemptible court, that has had the disposal of men!S liberties for centuries. And into what a hole is the wretch crammed, whom the law, as it is called in bitter mockery, assigns to a moral. death in revenge for a few pounds! Read the description of this moral black-hole.
The Palace, or Marshalsea Prison, is situate near the St. George's Church,
Borough (Southwark). The south side being join), by the churchyard, (which the wells of the pumps immediately Join), the water from which smells horribly : there is, however, a good supply of soft water. At the end of the prison is a far more ancient building, which was once the Admiralty Prison (in which is shown the cell where the notorious Jerry Abbershaw spent his last night previous to his execution); this is now only used as a strong room, for pH. soners who offend against the regulations of the prison. In this part there is a neat chapel, in which divine service is performed once every Sunday ; the hour depending on the will of the clergyman, being sometimes at nine or eleven in the morning, or afternoon at three o'clock, no previous notice of which is given to the prisoners, which, with other circumstances, occasions a very thin attendance. The Deputy Marshal and some of the turnkeys geperallv attend divine service. The prison consists of two rows of houses, abating against each other, and thus presenting two fronts standing nearly north and south. There are eight stair- cases, in which are fifty-six rooms; of these, three are used as a shop and two parlours, rented by a person, not a prisoner, and for which, it is said, he pays 21s,, per week. All the rooms in No. 1 staircase are reserved by the turnkeys and by them let out to the more wealthy prisoners, who may desire a room to them- selves. I mention this to show that the number of rooms designed for the use of the prisoners is curtailed by these means, and must be productive of serious inconveniences and great risk of health when the prison is crowded, which is frequently the case : one hundred and seventy persons have been confined at one time within these walls, making an average of more than four persons in each room, which are not ten feet square! I will leave the reader to imagine what the situation of men, thus confined, particularly in the summer months, must be ! There is a tap and sitting-room (much too small), rented by a person, not apri- soner, and for which it s said two guineas per week is paid. Over this is the infirmary, part of which the publican has the privilege of letting, when not re
i -:. quired by invalids. A medical gentleman attends, and dispenses medicine gra- tuitously : by the way, the only thing that is given away. The quantity of broken glass (which is only replaced once a year) is a reproach to the conduct of some of the prisoners, a great portion being broke designedly. There is also a public kitchen, the expense of which, with other conveniences, are supported by the contributions of the prisoners, with the knowledge and consent of the Deputy Marshal. The sum thus contributed by the prisoners is equal to the payment of the wages of cooks, scavengers, constable or crier, and the secretary ; and also furnishes coals, mops, brooms, oil, and lamps for staircases, privies, &c. The aggregate amount of expense is about five pounds per week ; thus there are, i and it s necessaly there should be, to meet the expenditure, on the average more than twelve persons in each week, or two per day, consigned to this prison!
In the pamphlet itself, numerous instances will be found of the fatal effects of imprisonment within these detestable walls, not merely on the prisoners, but on all connected with them. Many of the instances are appalling,—more especially when we see that the authority under which all this iniquity is done is that of the law ! And amidst all this evil, who is benefited? It is clear these debtors never pay : they might have paid out of prison, but in prison it is impossible: more money than the debt is always wasted by one or other of the parties; and often as many as five and even ten times the amount is squandered away among the attornies, the bailiffs, the sponging-house-keepers, and gaolers and turnkeys of this paltry court ; which, though but on as bad a principle as the su- perior courts, is worse in practice; for it pursues its odious way noiselessly among the dwellings of the poor, and steals here a vic- tim and there a victim, far removed from the public eye.
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