An Essay Upon Projects

Upon a fair and just surrender of all his estate and effects, bonâ fide, according to the true intent and meaning of the act, the commissioners shall return to him in money, or such of his goods as he shall choose, at a value by a just appraisement, £5 per cent. of all the estate he surrendered, together with a full and free discharge from all his creditors.

The remainder of the estate of the debtor to be fairly and equally divided among the creditors, who are to apply themselves to the commissioners. The commissioners to make a necessary inquiry into the nature and circumstances of the debts demanded, that no pretended debt be claimed for the private account of the debtor; in order to which inquiry they shall administer the following oath to the creditor, for the proof of the debt.

I, A. B., do solemnly swear and attest that the account hereto annexed is true and right, and every article therein rightly and truly stated and charged in the names of the persons to whom they belong; and that there is no person or name named, concealed, or altered in the said account by me, or by my knowledge, order, or consent. And that the said – does really and bonâ fide owe and stand indebted to me for my own proper account the full sum of – mentioned in the said account, and that for a fair and just value made good to him, as by the said account expressed; and also that I have not made or known of any private contract, promise, or agreement between him the said – (or any body for him) and me, or any person whatsoever.

So help me God.

Upon this oath, and no circumstances to render the person suspected, the creditor shall have an unquestioned right to his dividend, which shall be made without the delays and charges that attend the commissions of bankrupts. For,

1. The goods of the debtor shall upon the first meeting of the creditors be either sold in parcels, as they shall agree, or divided among them in due proportion to their debts.

2. What debts are standing out, the debtors shall receive summonses from the commissioners, to pay by a certain time limited; and in the meantime the secretary is to transmit accounts to the persons owing it, appointing them a reasonable time to consent or disprove the account.

And every six months a just dividend shall be made among the creditors of the money received; and so, if the effects lie abroad, authentic procurations shall be signed by the bankrupt to the commissioners, who thereupon correspond with the persons abroad, in whose hands such effects are, who are to remit the same as the commissioners order; the dividend to be made, as before, every six months, or oftener, if the court see cause.

If any man thinks the bankrupt has so much favour by these articles, that those who can dispense with an oath have an opportunity to cheat their creditors, and that hereby too much encouragement is given to men to turn bankrupt; let them consider the easiness of the discovery, the difficulty of a concealment, and the penalty on the offender.

1. I would have a reward of 30 per cent. be provided to be paid to any person who should make discovery of any part of the bankrupt’s estate concealed by him, which would make discoveries easy and frequent.

2. Any person who should claim any debt among the creditors, for the account of the bankrupt, or his wife or children, or with design to relieve them out of it, other or more than is, bonâ fide, due to him for value received, and to be made out; or any person who shall receive in trust, or by deed of gift, any part of the goods or other estate of the bankrupt, with design to preserve them for the use of the said bankrupt, or his wife or children, or with design to conceal them from the creditors, shall forfeit for every such act £500, and have his name published as a cheat, and a person not fit to be credited by any man. This would make it very difficult for the bankrupt to conceal anything.

3. The bankrupt having given his name, and put the officer into possession, shall not remove out of the house any of his books; but during the fourteen days’ time which he shall have to settle the accounts shall every night deliver the books into the hands of the officer; and the commissioners shall have liberty, if they please, to take the books the first day, and cause duplicates to be made, and then to give them back to the bankrupt to settle the accounts.

4. If it shall appear that the bankrupt has given in a false account, has concealed any part of his goods or debts, in breach of his oath, he shall be set in the pillory at his own door, and be imprisoned during life without bail.

5. To prevent the bankrupt concealing any debts abroad, it should be enacted that the name of the bankrupt being entered at the office, where every man might search gratis, should be publication enough; and that after such entry, no discharge from the bankrupt should be allowed in account to any man, but whoever would adventure to pay any money to the said bankrupt or his order should be still debtor to the estate, and pay it again to the commissioners.

And whereas wiser heads than mine must be employed to compose this law, if ever it be made, they will have time to consider of more ways to secure the estate for the creditors, and, if possible, to tie the hands of the bankrupt yet faster.

This law, if ever such a happiness should arise to this kingdom, would be a present remedy for a multitude of evils which now we feel, and which are a sensible detriment to the trade of this nation.

1. With submission, I question not but it would prevent a great number of bankrupts, which now fall by divers causes. For,

(1.) It would effectually remove all crafty designed breakings, by which many honest men are ruined. And

(2.) Of course ’twould prevent the fall of those tradesmen who are forced to break by the knavery of such.

2. It would effectually suppress all those sanctuaries and refuges of thieves, the Mint, Friars, Savoy, Rules, and the like; and that these two ways: —

(1.) Honest men would have no need of it, here being a more safe, easy, and more honourable way to get out of trouble.

(2.) Knaves should have no protection from those places, and the Act be fortified against those places by the following clauses, which I have on purpose reserved to this head.

Since the provision this court of inquiries makes for the ease and deliverance of every debtor who is honest is so considerable, ’tis most certain that no man but he who has a design to cheat his creditors will refuse to accept of the favour; and therefore it should be enacted,

That if any man who is a tradesman or merchant shall break or fail, or shut up shop, or leave off trade, and shall not either pay or secure to his creditors their full and whole debts, twenty shillings in the pound, without abatement or deduction; or shall convey away their books or goods, in order to bring their creditors to any composition; or shall not apply to this office as aforesaid, shall be guilty of felony, and upon conviction of the same shall suffer as a felon, without benefit of clergy.

And if any such person shall take sanctuary either in the Mint, Friars, or other pretended privilege place, or shall convey thither any of their goods as aforesaid, to secure them from their creditors, upon complaint thereof made to any of His Majesty’s Justices of the Peace, they shall immediately grant warrants to the constable, &c., to search for the said persons and goods, who shall be aided and assisted by the trained bands, if need be, without any charge to the creditors, to search for, and discover the said persons and goods; and whoever were aiding in the carrying in the said goods, or whoever knowingly received either the goods or the person, should be also guilty of felony.

For as the indigent debtor is a branch of the commonwealth which deserves its care, so the wilful bankrupt is one of the worst sort of thieves. And it seems a little unequal that a poor fellow who for mere want steals from his neighbour some trifle shall be sent out of the kingdom, and sometimes out of the world, while a sort of people who defy justice, and violently resist the law, shall be suffered to carry men’s estates away before their faces, and no officers to be found who dare execute the law upon them.

Any man would be concerned to hear with what scandal and reproach foreigners do speak of the impotence of our constitution in this point; that in a civilised Government, as ours is, the strangest contempt of authority is shown that can be instanced in the world.

I may be a little the warmer on this head, on account that I have been a larger sufferer by such means than ordinary. But I appeal to all the world as to the equity of the case. What the difference is between having my house broken up in the night to be robbed, and a man coming in good credit, and with a proffer of ready money in the middle of the day, and buying £500 of goods, and carrying them directly from my warehouse into the Mint, and the next day laugh at me, and bid me defiance; yet this I have seen done. I think ’tis the justest thing in the world that the last should be esteemed the greater thief, and deserves most to be hanged.

I have seen a creditor come with his wife and children, and beg of the debtor only to let him have part of his own goods again, which he had bought, knowing and designing to break. I have seen him with tears and entreaties petition for his own, or but some of it, and be taunted and sworn at, and denied by a saucy insolent bankrupt. That the poor man has been wholly ruined by the cheat. It is by the villainy of such many an honest man is undone, families starved and sent a begging, and yet no punishment prescribed by our laws for it.

By the aforesaid commission of inquiry all this might be most effectually prevented, an honest, indigent tradesman preserved, knavery detected and punished; Mints, Friars, and privilege-places suppressed, and without doubt a great number of insolencies avoided and prevented; of which many more particulars might be insisted upon, but I think these may be sufficient to lead anybody into the thought; and for the method, I leave it to the wise heads of the nation, who know better than I how to state the law to the circumstances of the crime.

OF ACADEMIES

We have in England fewer of these than in any part of the world, at least where learning is in so much esteem. But to make amends, the two great seminaries we have are, without comparison, the greatest, I won’t say the best, in the world; and though much might be said here concerning universities in general, and foreign academies in particular, I content myself with noting that part in which we seem defective. The French, who justly value themselves upon erecting the most celebrated academy of Europe, owe the lustre of it very much to the great encouragement the kings of France have given to it. And one of the members making a speech at his entrance tells you that it is not the least of the glories of their invincible monarch to have engrossed all the learning of the world in that sublime body.

The peculiar study of the academy of Paris has been to refine and correct their own language, which they have done to that happy degree that we see it now spoken in all the courts of Christendom, as the language allowed to be most universal.

I had the honour once to be a member of a small society, who seemed to offer at this noble design in England. But the greatness of the work, and the modesty of the gentlemen concerned, prevailed with them to desist an enterprise which appeared too great for private hands to undertake. We want, indeed, a Richelieu to commence such a work. For I am persuaded were there such a genius in our kingdom to lead the way, there would not want capacities who could carry on the work to a glory equal to all that has gone before them. The English tongue is a subject not at all less worthy the labour of such a society than the French, and capable of a much greater perfection. The learned among the French will own that the comprehensiveness of expression is a glory in which the English tongue not only equals but excels its neighbours; Rapin, St. Evremont, and the most eminent French authors have acknowledged it. And my lord Roscommon, who is allowed to be a good judge of English, because he wrote it as exactly as any ever did, expresses what I mean in these lines: —

“For who did ever in French authors see
The comprehensive English energy?
The weighty bullion of one sterling line,
Drawn to French wire would through whole pages shine.”

“And if our neighbours will yield us, as their greatest critic has done, the preference for sublimity and nobleness of style, we will willingly quit all pretensions to their insignificant gaiety.”

It is great pity that a subject so noble should not have some as noble to attempt it. And for a method, what greater can be set before us than the academy of Paris? Which, to give the French their due, stands foremost among all the great attempts in the learned part of the world.

The present King of England, of whom we have seen the whole world writing panegyrics and encomiums, and whom his enemies, when their interest does not silence them, are apt to say more of than ourselves; as in the war he has given surprising instances of a greatness of spirit more than common: so in peace, I daresay, with submission, he shall never have an opportunity to illustrate his memory more than by such a foundation. By which he shall have opportunity to darken the glory of the French king in peace, as he has by his daring attempts in the war.

Nothing but pride loves to be flattered, and that only as it is a vice which blinds us to our own imperfections. I think princes as particularly unhappy in having their good actions magnified as their evil actions covered. But King William, who has already won praise by the steps of dangerous virtue, seems reserved for some actions which are above the touch of flattery, whose praise is in themselves.

And such would this be. And because I am speaking of a work which seems to be proper only for the hand of the king himself, I shall not presume to carry on this chapter to the model, as I have done in other subjects. Only thus far:

That a society be erected by the king himself, if his Majesty thought fit, and composed of none but persons of the first figure in learning; and it were to be wished our gentry were so much lovers of learning that birth might always be joined with capacity.

The work of this society should be to encourage polite learning, to polish and refine the English tongue, and advance the so much neglected faculty of correct language, to establish purity and propriety of style, and to purge it from all the irregular additions that ignorance and affectation have introduced; and all those innovations in speech, if I may call them such, which some dogmatic writers have the confidence to foster upon their native language, as if their authority were sufficient to make their own fancy legitimate.

By such a society I daresay the true glory of our English style would appear; and among all the learned part of the world be esteemed, as it really is, the noblest and most comprehensive of all the vulgar languages in the world.

Into this society should be admitted none but persons eminent for learning, and yet none, or but very few, whose business or trade was learning. For I may be allowed, I suppose, to say we have seen many great scholars mere learned men, and graduates in the last degree of study, whose English has been far from polite, full of stiffness and affectation, hard words, and long unusual coupling of syllables and sentences, which sound harsh and untuneable to the ear, and shock the reader both in expression and understanding.

In short, there should be room in this society for neither clergyman, physician, nor lawyer. Not that I would put an affront upon the learning of any of those honourable employments, much less upon their persons. But if I do think that their several professions do naturally and severally prescribe habits of speech to them peculiar to their practice, and prejudicial to the study I speak of, I believe I do them no wrong. Nor do I deny but there may be, and now are, among some of all those professions men of style and language, great masters of English, whom few men will undertake to correct; and where such do at any time appear, their extraordinary merit should find them a place in this society; but it should be rare, and upon very extraordinary occasions that such be admitted.

I would therefore have this society wholly composed of gentlemen; whereof twelve to be of the nobility, if possible, and twelve private gentlemen, and a class of twelve to be left open for mere merit, let it be found in who or what sort it would, which should lie as the crown of their study, who have done something eminent to deserve it. The voice of this society should be sufficient authority for the usage of words, and sufficient also to expose the innovations of other men’s fancies; they should preside with a sort of judicature over the learning of the age, and have liberty to correct and censure the exorbitance of writers, especially of translators. The reputation of this society would be enough to make them the allowed judges of style and language, and no author would have the impudence to coin without their authority. Custom, which is now our best authority for words, would always have its original here, and not be allowed without it. There should be no more occasion to search for derivations and constructions, and ’twould be as criminal then to coin words as money.

The exercises of this society would be lectures on the English tongue, essays on the nature, original, usage, authorities, and differences of words, or the propriety, parity, and cadence of style, and of the politeness and manner in writing; reflections upon irregular usages, and corrections of erroneous customs in words; and, in short, everything that would appear necessary to the bringing our English tongue to a due perfection, and our gentlemen to a capacity of writing like themselves; to banish pride and pedantry, and silence the impudence and impertinence of young authors, whose ambition is to be known, though it be by their folly.

I ask leave here for a thought or two about that inundation custom has made upon our language and discourse by familiar swearing; and I place it here, because custom has so far prevailed in this foolish vice that a man’s discourse is hardly agreeable without it; and some have taken upon them to say it is pity it should not be lawful, it is such a grace in a man’s speech, and adds so much vigour to his language.

I desire to be understood right, and that by swearing I mean all those cursory oaths, curses, execrations, imprecations, asseverations, and by whatsoever other names they are distinguished, which are used in vehemence of discourse, in the mouths almost of all men more or less, of what sort soever.