HC Deb 09 January 1812 vol 21 cc99-102
Lord Folkestone

said, he rose for the purpose of laying before the House the Petition of a very humble individual; but, he was sure, it would not, on that account, meet with less attention, particularly when it was known that this person had been treated with great oppression. The Petitioner was a young woman of the name of Dix, residing in Bristol, and who, for two years, had been imprisoned in the gaol of that city, having been excommunicated by the sentence of the Ecclesiastical Court. The circumstances were briefly these. Two women, of whom the petitioner was one, fell out, and abused each other in the street. In consequence of some expressions made use of by the Petitioner, her opponent instituted a suit against her in the Ecclesiastical Court, and at the end of a year and a half, she was sentenced to perform penance. Having failed in this, she was ultimately excommunicated. A process afterwards issued out of the King's-bench, under which she was arrested; and, for two years, she had continued a prisoner in the gaol of Bristol. Being a pauper, she had no means of subsisting herself there, but was relieved by her father, who was himself a pauper, and received occasional assistance from charitable persons. As the costs of the suit amounted to 30l. and she was destitute of money, no hope of her liberation from prison could be entertained, unless by the intervention of the House. In different Insolvent acts, clauses had been introduced for the relief of persons in her situation; but in that which had passed last session, no such clause had been inserted. In the Perpetual act of the 33d of his majesty, another mode of relief was pointed out; but of this she could not avail herself, as the expence which must necessarily be incurred, amounted to 5l. and she was not possessed of such a sum. Even if she were prepared to take the benefit of that provision, she could not claim it, except at the assizes, and, as they were held but once a year, she would be obliged to suffer an imprisonment of nearly 12 months longer. These were the circumstances under which the Petitioner requested the interference of the House. He intended, at present, only to move, that the petition do lie on the table; for, on reading it, those who were at all conversant with the regular proceedings of the Ecclesiastical Court, with which he had endeavoured to make himself acquainted, would see that divers irregularities had taken place, in the case of this woman. Therefore, those persons who were connected with the proceedings, might desire to have some opportunity of explanation, before the subject was agitated by the House. He, at the same time, gave notice, that on this day se'nnight, he would submit a motion on this and several other similar cases, which had come to his knowledge.—The Petition was then brought up and read as fallows:

"To the Hon the Commons of the United Kingdom of Great Britain and Ireland, in Parliament assembled.

"The humble Petition of Mary Ann Dix, of the parish of Saint Mary Redeliff, in the city of Bristol, spinster, a prisoner in his Majesty's gaol of Newgate, in the same city—

"Sheweth—That in or about May, 1808, your petitioner was cited by the name of Mary Dicks, to appear personally in the episcopal consistory court of Bris- tol, to answer to Elizabeth Daniel Ruffy, wife of Daniel Benjamin Ruffy, of the same parish, officer of excise, in a cause or suit of defamation or slander.—And your petitioner, in obedience to the citation, appeared personally in court on the day and time therein appointed, but no proctor was employed on her behalf to defend the said suit; your petitioner being then only between 18 and 19 years of age, without any money of her own, and her father being only a poor labourer at the wages of fourteen shillings a week, and having a wife and five other children dependant upon him for a maintenance.

"That your petitioner continued to attend personally at the court, on every court day, for several months successively, and then went in a place of service at Bath, for about three months; and during her absence her mother attended the court for her, but was told by the plaintiff's proctor publicly in the court, that her attendance was of no use, and that she must send her daughter.

"That upon your petitioner's return from Bath, she again attended the said court, and continued to attend it in her own person, until the end of the suit.

"That in the course of the proceedings in the said cause, your petitioner was, by a sentence in writing, enjoined penance, and condemned in costs, which were afterwards taxed at the sum of 12l. 7s. 11d. And in a subsequent stage of the proceedings, your petitioner was publicly denounced, and declared excommunicate, in the parish church of St. Mary Redeliff, for not performing her penance, and not paying the said costs; although your petitioner was never admonished to extract a schedule of the said penance out of the registry of the said court, and perform the same according to the tenor and purport thereof; and was totally ignorant of the time, place, and manner, in which it was to be performed; and although your petitioner was then a minor, and wholly incapable, from her own and her father's poverty, to pay the said costs.

"That your petitioner has further learnt, that there has been an increase of the costs subsequent to the period when they were taxed, and that the plaintiff's proctor now requires payment of the sum of 30l. as the total amount of the costs; which sum your petitioner is wholly incapable-of paying, and which she has not the slightest hope or prospect of ever being able to make good.

"That, on the 22d day of November, 1809, your petitioner was attached, on the writ de excommunicato capiendo, directed to the sheriffs of, the city of Bristol, and taken to the gaol of Newgate, in the same city, where she has been ever since imprisoned under, and by virtue of the said writ.

"That during the whole of her confinement, your petitioner has been without any means of providing for her own support, and that she would have been long since starved, but for the assistance of her father, and the bounty of benevolent persons.

"That your petitioner has been informed, that on divers occasions the legislature has looked upon persons in her situation in the light of debtors, but that her poverty will effectually preclude her from availing herself of the relief provided by the Lords' act; and that when she attempted to avail herself of the benefits of the late insolvent act, she was informed that it did not apply to her case.

"That, therefore, your petitioner begs leave humbly to represent to your honourable House, that she has been for now more than two years confined unjustly, for not performing her aforesaid penance, and not paying costs, which she was le" gaily, as a minor, and practically, as a pauper, incapable of paying. That she has no means of providing herself with sustenance, and no hope of deliverance, unless through the interposition of your honourable House.

"And your petitioner therefore humbly prays, that you would graciously take her case into your serious consideration, and give her such relief as to you in your wisdom shall seem meet:

"And your petitioner shall ever pray.
The Mark of
"Witness, X
"Thomas Sanders. MARY ANN DIX."

The Petition was ordered to lie on the table.