Lords Sitting of 6 April 1814

CIVIL LIBERTY-IMPRISONMENT ON MESNE PROCESS.
Earl Stanhopesaid, he rose to present four Petitions which he considered of great consequence, because they related to the very important subject of civil liberty. He had, with some degree of astonishment, met with persons who were bold enough to state their objections to political liberty, from whom he completely differed; and he had seen those who were bigots enough to declare their sentiments

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against religious liberty, from whom also he as widely dissented; but he never yet met with a man who had the audacity to state that he was an enemy to civil liberty. All their lordships must know so much of the laws of their country as justly to appreciate the 29th chapter of Magna Charta, the most precious part of this statute, provided as a bulwark to our English liberties. If their lordships would turn to the chapter he cited, they would find it enacted, that no man should be condemned without trial, that justice should not be sold, denied, or delayed. "My lords," said earl Stanhope, "it is notorious, that justice is sold in this country. I do not mean to say, that it is sold by the judges; but such are the fees and expences to be paid for its administration, that it is impossible for a certain description of the community to become possessed of it; and if the sellers are permitted to put such a price as to exceed the means of purchase among certain classes of his Majesty's subjects, the result will amount to a denial of justice to those who are placed in that situation. With respect to delay, it is not necessary to remind your lordships of what daily comes under our observation. Perhaps that delay may be the effect of necessity; but while it exists, it becomes our serious consideration to provide such means as to rid our laws of injustice so great, and oppression so monstrous." The noble earl stated, that the petitions he referred to complained of the wrongs which arose through the present system of mesne process; which, in consequence of allowing a man to arrest upon the oath he chose to make for the purpose, might render another liable to suffer a long imprisonment, without being in the least in debt; and under the proceedings of mesne process, it might occur that delay would be equal to injustice. Therefore, without considering at present whether the law of imprisonment could or could not be defended, he was prepared to declare, that imprisonment under mesne process could not be justified.
The first petition which he had to present to their lordships, was that of Matthew Baillie Dennett; to which he would request their particular attention, inasmuch as it described the case of a person imprisoned without any just cause of debt, and detained in custody a considerable length of time; that against the hardships of those proceedings he had pleaded by petition, and in other forms; that the petitioner, on every point, had taken the advice of
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counsel; and all the statements made were according to their opinions of the law upon the subject. The delays complained of in this particular case were certainly unnecessary.
The next was the petition, of Walter J. Baldwin, esq.; in which, the noble lord observed, without wishing to throw the blame upon any manner of men, what was complained of, in being detained after he declaration of the Court, appeared to him to be unjust and contrary to law.
The third petition he was about to present was that of T. Maney, a prisoner for debt in the King's-bench; by the statements in which it appeared, that he discovered, on the part of a person named, certain frauds; in consequence of which he applied to the Thames police magistrates, who, in consequence, sent officers to search the premises of that person; and upon their search, property was said to have been found. That he (the petitioner) was twice arrested, in order to prevent his being examined as a witness; and, that, on the occasion of the second arrest, the person, who had put him in, had informed those who were interested in the trial, that he had gone abroad.
The next petition (his lordship observed) was that of Stephen Eagleton, a person who had been set free under the Act brought in by a noble and learned lord (Ellenborough); after which, however, it was stated, that he was seized by the turnkeys of the King's-bench and dragged into prison; but he was subsequently liberated by them, which was an acknowledgment that they had acted unjustly.
All these four petitions had the same prayer; namely, the abolition of imprisonment for debt on mesne process. It had been said, in the way of objection to such a measure, that it would decrease credit. To this he would observe that the too great increase of credit was one of the greatest curses. He admitted at the same time, that in certain cases, credit was beneficial; nay, advantageous; as in the instances of professional and some other descriptions of men, who may be in need of assistance of the kind. But as the law stood, a man may be imprisoned, where no assistance had been afforded. His main objection was, to the existence of imprisonment without a crime. The power of imprisonment was in some cases in a manner without control; it may be exercised even by one who may take himself away to America afterwards. The system

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so ill accorded with his feelings upon the subject of civil liberty, that he must say it ought not to continue. As to the petitions referred to, whatever might be the individual opinions of their lordships as to the cases, none could say but that they ought to lie on the table.
The noble earl then regularly presented the petitions, which he begged might be fully read by the clerk. This was accordingly done. The first wais, as above stated, from Matthew Baillie Dennett. The statements of the petition appeared to be of the general tendency described by the noble earl in the coarse of his observations to the House.
The second was from Walter J. Baldwin, esq. as follows:
"To the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Ireland in Parliament assembled.
"The respectful Petition of Walter J. Baldwin, esq.
"Sheweth; That under the existing system of imprisonment for debt, your lordships' petitioner was arrested on mesne process, in his bed, on the morning of the 23d March, 1813, and was held in prison till the 11th of March, 1814, a period of upwards of eleven months; for a demand which he was not in any manner bound by law to pay, as has since been proved by a decision of the court of King's-bench in the month of February last.
"That petitioner, as soon as possible after his arrest, applied at judge's chambers, by his attorney, to the chief justice of the court from which process issued, for an order to be discharged from a groundless, unjust, and illegal arrest, but was referred to the court, which did not sit for five weeks after: that in consequence he regained at a look-up-house for those five weeks, when he moved the court by counsel for an order as above, but could not obtain it; and that afterwards, on being served with a false and groundless declaration, he applied again by his attorney to another judge of said court at his chambers, for an order to be discharged, but did not obtain it; so that your lordships will perceive that every thing in petitioner's power was done to endeavour to procure his liberation, but without effect.
"That when the action, on which your petitioner had been so arrested, afterwards
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came into court to be tried on the 23d of February, 1814, eleven months from petitioner's arrest, the plaintiff was non-suited; and the chief justice of the court, as petitioner has been credibly informed, most expressly declared, that your petitioner ought not to have been held to bail; that is to say, ought not to have been arrested, or held in prison at all, in this cause, as there was no ground of action.
"That, after the non-suit of the plaintiff, your petitioner applied, by his attorney, to a judge of the court in which the action was instituted, for an order for his discharge; but although he had already had, as aforesaid, the decision of the court in his favour, he could not obtain it, but was referred to the chief justice of the said court, who did not come to his chambers for many days after: that, on the said chief justice's coming to his chambers, your petitioner again applied for an order, as aforesaid, for his discharge, but was again referred to a future day; and, that on the future day appointed, your petitioner, a third time, applied for said order, and obtained it. Your petitioner, therefore, as your lordships are requested to observe, was thus by means of a most groundless, vexatious, and harassing course of proceedings, held in prison, contrary to law, for eleven months previous to the decision of the court in his favour as aforesaid, and was even subsequently to the said decision in his favour, further kept in prison for upwards of a fortnight, from the said 23d of February to the 11th of March following, although the court had expressly decided that there was no ground whatsoever for arresting him or holding him in custody on the said cause of action.
"Wherefore your petitioner most respectfully implores your lordships, from your regard for the rights and liberties of your fellow-subjects, and by the real prosperity and best interests of your country, to take such measures as to your wisdom shall seem meet, totally to abolish the practice of imprisonment for debt, at least on mesne process, under which such groundless and harassing oppression may be visited on the most innocent most virtuous, and most worthy member of the community; and the abolition of which would be in no way injurious to the fair creditor, but would on the contrary be equally beneficial to him, the debtor, and the country at large.—And petitioner will ever pray;
"WALTER J. BALDWIN"
The third petition was from Timothy Maney, to the effect and tendency described by the noble earl; and the fourth, from Stephen Eagleton, in the like manner.
The petitions being read, they were severally, on the motions of earl Stanhope, ordered to lie on the table.
The House then, on the motion of the earl of Liverpool, adjourned (for the Easter recess) until Tuesday the 19th.