fiftance, retook the prize, and carried her into the first convenient port in the West Indies; where his gallantry foon reaching the commander in chief, he was promoted to a lieutenancy. In this ftation he eminently diftinguished himself, till he received a flight wound, and was permitted to vifit England. As foon as he arrived, he flew on the wings of expectation to his aftonished parents, who were incapable of expreffing their unbounded gratitude to the Supreme Difpofer of Events for the prefervation of a son whom they had long confidered as dead, none of his letters having ever reached them. The

worthieft of parents, thus bleffed in the restoration of their beloved children, re-affumed their wonted chearfulness. The manly, noble, yet refpectful, deportment of their Harry, initiated by precept, and matured by experience, (wholly divefted of the vulgar and unjuft characteristic of a profeffion the most important to this Country) ftrengthened and enriched the harmony of their lives: and the diffident confcioufnefs of betrayed virtue, manifested in the conduct of their Cecilia, affured them that her fincere contrition was at least pardonable, if not meritorious.

Harry, being perfectly recovered, found his propenfity for actual fervice again revive; and intimated his wishes in the moft tender and refpect. ful manner to his friends; adding, that he had invited a young gentleman, every way worthy of his confidence, and their efteem, to partake with him in a month's pleafure at their houfe; at the expiration of which time they meant again to purfue their fortunes together, in a bond of reciprocal friendship. But what was the furprize of Cecilia; what the aftonishment of Mr. Wevil, his wife, and their Harry; what the joy of the long loft Dormer; when, in the friend of his adventures, he beheld the brother of his wife; and fhe, in the vifitor of her brother, the acknowledged poffeffor of her whole heart! The mutual congratulations which fucseeded, buried the recollection of paft

I

I

weep

When you read this-and read it know you will-does not a fudden pull upon your heart-ftrings reveal to you the writer? Do you not feel a confcioufnefs of the wounds you have given my peace? Alas! perhaps at this moment, whil and write, you are receiving the vows of my perjured husband! I, who was lately the fole object of his tenderness, am now racked with the belief that I have for ever loft his heart.-Barbarous woman! pull off the mask, fhew thyself the wanton, that I may have the fatisfaction to know he holds make him thy flave! I fcarcely know thee in contempt, whilft his paffions what I write; but take care, left my defpair fhould prove too great!

Τ

IT may be eafily gueffed that the Bufy Body paid no great attention to any of the correfpondents whofe communications are noticed in his laft paper, and who offered to difpofe of their knowledge, not for the good of fociety, but of themfelves: for though he is ready to give moft of thefe gentlemen great credit for an unlimited acquaintance with every fpecies of chicane, yet as he is not quite certain that he could himself have placed an implicit reliance on their interested difclofures, it would have been only infulting his kind friends to have offered them as facts for their information.

Serjeant Coif, Counsellor B. and Commiffioner Z. received, therefore, only mere verbal anfwers, informing them that their fervices would be difpenfed with: Launcelot Wilson had, in all probability, unintentionally communicated his whole ftock of knowledge; he, therefore, received (if his fair meffenger was as honeft as he reprefented her) what was deemed a full equivalent for his intelligence.

Happily the affertion in the Eighth Bufy Body, that there are honeft gentlemen even of the law,' proved not wholly chimerical, as the following difinterested and intelligent epiftle will fufficiently prove: and though it certainly was the only one received of that defcription, it may not be altogether doing juftice to a profeffion, perhaps too indifcriminately condemned, to eftimate the good and bad by the proportion which has fallen under the Bufy Body's notice on the prefent occafion; yet even this would not be more unfavourable than that of fociety at large is pretty generally esteemed to be, fince, among four legal practitioners, a Serjeant, a Counsellor, a Commiffioner, and a Solicitor, one will appear unquef tionably a worthy and difinterested character; and, of the three others, one at leaft is a difgraceful encroacher

on the profeffion, and the other two may have fome pretenfions to WORTH, in one of it's fenfes at leaft, though little can certainly be offered in fa

vour of their difintereftedness.

MR. BUSY BODY,

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THOUGH I Confider your paper general as an article of levity, perhaps it may not, on that very account, be an improper vehicle for important fubjects: it has with great truth been obferved, that

'Sermons are lefs read than tales :'

and if useful difquifitions can by any means be made palatable, fociety is indebted to the art; nor can any man of principle, however exalted his fitaation in life, poffibly difgrace his rank by contributing to it's promotion.

But as thofe who fo worthily fill the first law-offices in this country, may perhaps be prevented by their numerous avocations from at present giving this fubject what I deem the neceffary attention, if you will accept of my undigefted ideas upon this interefting fubject, they are heartily at your fervice; on this, at least, you may fully rely, that they are not deficient in legal information, either practically or theoretically confidered.

I have been a folicitor upwards of thirty years, and my practice has been very confiderable in this branch, I have feen a great deal of iniquity, but I truft I have in no inftance been a partaker.

You must not expect a regular differtation from me; my abilities, if I have any, are of a quite different nature.

The bankrupt laws, like moft other human inventions, are very imperfect; they were well intended for the relief of the unfortunate from oppreffion, but they are certainly too often made the fecurity of villainy from juftice. While perjury is confidered as a profeffion, and fubornation is regarded as a mere venial offence, the beft laws must lose their effect. This is the grand fource of mifchief

mifchief, as well in these as in other legal proceedings; and, perhaps, à nice inveftigator might trace to the fame origin a variety of evils at prefent attributed to very different causes. But this would lead to a difquifition which I have neither leifure nor ability to purfue; and I fear, from an habitual prolixity, I may at best be too copious for your plan.

Allow me, however, to repeat, that

PERJURY IS THE GRAND EVIL.

This is what cannot, in my opinion, be rendered too ftriking; and I need hardly mention, that fubornation of perjury is included in this general defcription. Could thefe vices be effectually checked, Juftice would have little to fear; till they are, the will be fo far from holding any fubftantial authority, that he will be oftener converted into an inftrument of fraud, than appear the fuccefsful difpenfer of equity-the goad of unfufpecting virtue in the mercilefs hand of oppreffion, and not the dreaded fcourge of iniquity borne by the certain avenger of guilt.

Fraudulent bankruptcies are managed in a variety of ways: but books purposely manufactured, and fictitious creditors, will alone enable any dealer, who has extenfive credit, to fecure by a commiffion what fortune he pleases. He may by these means become in effect his own affignee, having a certain majority both in number and value: and by the very acts from which he derives thefe opportunities of purfuing his iniquitous defigns, he fhelters himfelf from the apprehenfion of confequences, in the unquestionable attainment of his certificate, It is true, the nominal affignees expect to fhare largely in the advantages of the tranfaction; and it is equally true that the parties are conftantly in the power of each other: but the price of their villainy is paid by the bona fide creditors; and the dread of discovery, which perhaps feldom obtrudes itself till too late, is

in a great measure taken off, by the confideration that the parties, who generally owe their fubfiftence to thefe tranfactions, would lose their credit for fidelity, were they to betray their employer, and of courfe deprive themfelves of the future benefit of their bufinefs-which, like moit hazardous engagements in lawful or unlawful commerce, is doubtless very profitable while attended with fuccefs.

Perhaps it would not be the most prudent thing in the world, while our bankrupt laws remain in their prefent unguarded state, minutely to develope the various modes of eluding their intended good effect. Knavery is too prompt to discover every unguarded avenue; and Integrity could receive no advantage or fecurity from the difclofure, of which he might honeftly avail himself: he might lament, with myfelf, the power of unprincipled villainy, but he would be unable to prevent the effect.

This is a fubject of great delicacy; it requires a cautious and a fkilful hand. I think, Mr. Bufy Body, I may rely on my own caution; but I fhall truft to your fuperior judgment for the decifion of what proportion this fort of information it may be advifable to make univerfally known.

of

Permit me to give you a fhort hiftory of the manner of conducting a commiffion of bankruptcy: it's defects will, in general, be fufficiently obvious.

There can be no neceffity for enumerating, in this place, the various perfons who are fubject to the bankrupt laws; the privilege (for in this light it is generally to be viewed, whatever might be the legislature's original intention) is fcarcely withheld from any one; nor will it be of any prefent importance, to describe the feveral circumftances which conftitute an act of bankruptcy; the denial to be seen by a creditor, is the ordinary foundation of that part of the buinefs. When this is done, the creditor (either real or fictitious, the process is exactly the fame) makes

affidavit

affidavit of his debt before a mafter in chancery, and enters into bond to the great feal for 200l. conditioned to fubftantiate his debt, and to prove the party bankrupt: the commiffion being then made out, it is figned by the chancellor, and fealed; after which, three of the commiffioners, to whom it is directed, having been fummoned to attend at a coffee-house, affemble in a private room with the folicitor, the meffenger, the petitioning creditor, and the witneffes to the trading and act of bankruptcy; and the depofitions of the creditors and witneffes being taken, the party is declared bankrupt.

A warrant, directed to the meffenger, is then iffued, authorizing and commanding him to enter and break open the houfe of the bankrupt, and any place where his property is fufpected to be depofited; and to feize and detain all his ready-money, fur, niture, goods, property, and books of account.

This is followed, or rather accompanied, by a fummons directed to the bankrupt, requiring his perfonal attendance (ufually at Guildhall, London) on the three days appointed for his appearance and exa

mination.

At the first and fecond meetings, the creditors their debts; and prove an affignment of the bankrupt's property is at the fecond fitting regularly made, to the choice of the majority in value.

At the third meeting, the bankrupt makes a final difcovery of his eftate and effects: and, on the commiffioners certifying to the Lord Chancellor, that he hath fully made fuch difcovery, and in all things conformed Himself to the directions of the ftatute in that cafe provided; four parts in five of the creditors, in number and value, figning the certificate, and teftifying their confent thereto, as well as to the allowance and discharge of the bankrupt; he receives his certificate, discharge, and allowance, accordingly.

Thefe certificates are often obtains

ed before the payment of a fingle dividend; and inftances have repeatedly occurred, where they have even been procured previous to the last examination.

It is not, therefore, at all furprizing,. that many, who have become bankrupt fhould ftill remain in business; nor is it to be doubted, that thofe who may have adopted a conduct fimilar to that at which I have already hinted, are often on the best of terms with their affignees, and worth (or rather poffeffed of) more money than ever they were before.

This, certainly, Mr. Bufy Body, is the only way in which I can accountfor the circumftances mentioned by your well-meaning correfpondent, Mr. J. W. H. who, I hope, will find a worthier object of his munificence.

We must not, however, too haftily, or too generally, condemn all those who are made bankrupt: for though it cannot be denied that the iniquity on thefe occafions generally originates with the bankrupt himself and his colleagues, I have feen a variety of inftances, where an honest, unfufpecting trader, has been prevailed on to take more goods upon credit than it was poffible for him to difpofe of by the day fixed for payment, and though he has at the fame time had in reality a confiderable of his own, property the defigning mifcreant, who pur-, pofely tempted him into the fnare, taking advantage of the unavoidable want of punctuality, has fued out a commiffion, got the whole of the unfortunate man's effects into his hands in confequence of being principal creditor, and contrived to keep the entire produce fo long, (a meafure, the practicability of which is but too well understood by affignees in general) that he has been amply paid his entire debt long before any other cre. ditor has received a fingle farthing; and the poor victim of his villainy has not only been robbed of his all, but likewife cut off from every future profpe&t by the inveteracy of his creditors, who confidering him as the fole caufe of the injurious delay,

THE Bufy Body confiders himfelf as greatly indebted to his liberal and intelligent correfpondent, Mr. H. M. for the favour of his difinterested epiftle, which gives him a very fatisfactory idea of the imperfection of the laws relative to Bankrupts; and he wishes this gentleman had proceeded to add his opinion of the measures neceffary. to be purfued for procuring the much wanted reform. If, however, as the Bufy Body fufpects, the reformation is not to be effected in any material degree, without reforming the morals of the people, as well as the laws of the. country, he may well confider the task as too difficult to be haftily undertaken. It appears, indeed, from the whole of the information which has been obtained on this fubject, that the Bankrupt laws (and, indeed, almost all others) may be evaded at pleasure by bad men, on incurring the guilt only of perjury; the punishment feldom follows, at leaft in this life, and those who are difpofed to pursue the practice

of fwearing falfely think little of any other. Where, then, is the remedy? Luxury, diffipation, and indolence, with all their train of fubordinate vices, plunge even the afluent into diftrefs, prevent thofe who might otherwife accumulate confiderable riches from ever attaining the means of independence, and of course inevitably precipi-· tate into all the horrors of want and infamy, those who have neither the advantages of a fplendid fortune, nor the perhaps ftill more inexhaustible refource of thriving commercial engagements. Cut off from thofe delufive pleasures to which they have perhaps long been accustomed, (either by the addition of fome real misfortune, or by the excess of their extravagance and vice) they follow with avidity any path which feems to promile the ipeedieft renewal of the means. to pursue their unhallowed courfe: and to fuch perfons, what profpect can be more inviting, than that which, at the hazard of the Divine vengeance alone, which their whole previous conduct has abfolutely fet at defiance, promifes the compleat gratification of every enjoyment in the only state in which they believe?

If any thing can add to the readers information refpecting Bankruptcies, it may posibly be found comprized in the following letters on the fubject, which have been tranfmitted to the Bufy Body by gen tlemen who appear to have very fenfibly fels the inconveniences of which they complain.

MR. BUSY BODY.

I AM a merchant, in the city of London, and was fome time ago appointed joint-affignee, with two other principal creditors,, under a commition of bankruptcy. On the fecond examination, the bankrupt produced a foreign bill of exchange for 3000l. which had been remitted to him from one of his correfpondents

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