m^^^ ' aa K»»Wfc, !^:^ &T/ f^ UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY A BRIEF HISTORY OF P A W N B R K I N G ' A BRIEF HISTORY OF PAWNBROKING WITH FULL NARRATIVE OF How THE Act of 1872 was Fought for and Obtained and the Stolen Goods Bill Opposed and Defeated BY ALFRED HARDAKER Liverpool SECRETARY TO THE NATIONAL ASSOCIATION IN EACH STRUGGLE LONDON JACKSON RUSTON AND KEESON EAGLE COURT DEAN STREET HIGH HOLBORN W.C. 1892 if /}' CONTENTS CHAPTER I PAGE Ancient Money Lending 'd CHAPTEE II The Insignia 6 CHAPTER III Early English Money Lenders .... 10 CHAPTER IV EoYAL AND Distinguished Pledgers ... 13 CHAPTER V Commencement of Statute Law .... 16 CHAPTER VI Further Regulations 20 CHAPTER VII Threatened Extinction 21' CHAPTER VIII Statutory Progress ;}0 CHAPTER IX Imposition of a Licence Duty — Usury ... 30 Ti CONTENTS PAGE CHAPTER X The "Old Act" 41 CHAPTEK XI The Evolution and Extinction of the Informer 49 CHAPTER XII Pawnbrokers' Associations .- Protective and Defensive 57 CHAPTER XIII Pawnbkoking Schemes : Charitable, Uncharitable, and otherwise ... 65 CHAPTER XIV Harbxngees of Reform 75 CHAPTER XV A Forlorn Hope — Vicissitudes — Disorganization 83 CHAPTER XVI " Something Attempted — Something Done " . .94 CHAPTER XVII A Modicum of Reform — at last .... 103 CHAPTER XVIII "Discontents there are and Many Murmurs" . Ill CHAPTER XIX On the Threshold 118 CHAPTER XX The Opening of the Great Campaign . . . 126 CHAPTER XXI Disapproval — An Impediment — Compromise and a Full Programme 136 CONTENTS vii CHAPTER XXII Parliamentary Bill Making 143 CHAPTEE XXIII Completion of the Draft Bill . . . .150 CHAPTER XXIV Denounced as Habitual Criminals CHAPTER XXV The Quest for a Sponsor— a Compact 158 108 CHAPTER XXVI The Quest Resumed— Success— Dissolution . . 175 CHAPTER XXVII Preparations for the Great Inquisition . .182 CHAPTER XXVIII Pawnbroking on its Trial— The First Day . ]S9 CHAPTER XXIX The Trial Continued — Second Day . . .199 CHAPTER XXX Friends and Supporters 208 CHAPTER XXXI Enemies and Detractors 217 CHAPTER XXXII The Verdict — Triumph of the Reform Programme 228 CHAPTER XXXIII The New Bill — Second Reading — Another Com- mittee 238 CHAPTER XXXIV In Committee Again — How the Six Months' Forfeiture was Lost 219 viii CONTENTS PAGK CHAPTEE XXXV In Committee or the Whole House . . . 259 CHAPTEE XXXVI Defeat of the Enemy by Stratagem , . . 267 CHAPTEE XXXVII The Stktjggle Through the Lords . . , 276 CHAPTEE XXXVIII Victory — Dissolution — Eewards .... 287 CHAPTEE XXXIX Nine Years of Peace — Trade Charities — A Eude Awakening 296 CHAPTEE XL Preparing for the Battle — The Enemy — The Stolen Goods Bill 305 CHAPTEE XLI Preliminary Skirmishing — A Truce . . . 314 CHAPTEE XLII In Committee in the Lords — Mr. Howard Vincent's Seven " Fairy Tales " . . . 323 CHAPTEE XLIII A Petition for Justice — Tardy Concession . . 335 CHAPTEE XLIV Conciliation by Pawnbrokers — Concession by Police 346 CHAPTEE XLV The Pawnbrokers' Amendment Bill — Conclusion 3o7 INTEODUCTOEY. I know of no attempt having previously beeii made to compile a complete Histoiy of Pawnl)roking, with the one exception of that written by Mr. W. A. H. Hows, as long ago as 1847. A valuable contribution, so far as ancient money-lending may have been in- teresting, was made by tlie late Francis Turner, Esq., Barrister-at-Law, in his introduction to the "Contract of Pawn," published anterior to the present Act becoming law. Neither of these authors — although both lived to see its accomplishment — dreamt that the idea had taken possession of men's minds, that the time had come for thorough Pawnbroking Eeform being attem])ted, nor that it would be successful. The great struggle made, lasting from 1868 to 1872, and culminating with the passing of the present Act, has therefore never pre- viously been recorded. Neither, again, has the fierce, protracted, bold and successful Defence made against the " Stolen Groods Bill," extending as it did from 1881 to 1884, been chronicled by any Historian. As both the events now mentioned were, without doubt, the most momentous since the Pawnljroking Trade became regulated by statute — if not, indeed, throughout its whole existence — it has Ijeen considered desirable by many, that, while the documents are available, and a few of those gentlemen who took leading parts in both attack and defence, still live, some authentic, reliable, and detailed chronicle should, in a brief space, be compiled. A 2 INTRODUCTORY In undertaking tliis duty, I feel that I accept a work of no small labour ; for being in possession of abundant material, difficulties of arrangement and selection present themselves, so that the narrative, as far as it may be called original, entails much consideration, in order that it may be connected, lucid, and interesting. For the rest, I lay no claim to originality, as I am entirely dependent upon the works before mentioned, with the addition of a few contributions to jjeriodical literature ; but the purjiose of the present History is not mainly to speculate on the Origin or Antiquity of the Trade, and its difficult and irregular progi'ess through the middle ages : therefore those sections of the subject will he ]:)riefly treated. The main object, as has been previously intimated, is to give a detailed compilation of the History of the two memorable cam- paigns through Parliament ; showing the i)rei)arations necessary ; the labour involved, and the obstacles to be surmounted ; the friends made and the enemies dis- comfited ; methods em])loyed, and oppositions baffled. It is believed that this information, concisely collated, ■will prove of great value to future leaders of the Trade who may undertake the arduous duties of champion- ship, in the places of those veterans who have " borne the heat and burthen of the day," in past exciting times. ALFRED HAEDAKBR. Liverpool, 1891. i CHAPTER I ANCIENT MONEY-LENDING Commercial necessities appear to have invented a system of money lending in the most remote ages, and in all countries. In China, the reputed oldest of civil- ized nations, some form of Pawnbroking existed, and trade was done in advances on commodities, even before money was coined. The late Mr. Francis Turner* in- forms us that pledging was well known to the roving Arabs, one of whom finely remarked : " The life of a man is no more than a ])ledge in the hands of destiny." Amongst ancient decisions, Sir William Jones on Bailments, quoted by Mr. Turner, gives one b}- tlie Mufti of Constantinople, which is recorded in an ancient M.S. Sir "William Jones discovered at Cambridge. It states that one " Zaid had left with Amoa divers goods in pledge for a certain sum of money, and some ruffians having entered the house of Amoa, took away his own goods, together witli those pawned by Zaid." The enquiry made was whether, since tlie del)t became extinct by the loss of the ])ledge, and since the goods pawned exceeded in value the amount of the debt, Zaid could legally demand the balance of Amoa ? To which ■question the great law officer of the Othman Court * Contract vf Pawn. 4 HISTORY OP PAWNBROKING CHAP. answered : " Olzman, it cannot be." So that in those early days was understood the principle of non-liability, where the holder of the pledge had taken as much care of it as of his own property. '•■ Thrice," says a modern writer, " within the forty-two chapters of the Book of Job allusion is made to the deposit of pledges as a security for money. The allusions in question (Job xxii. v. 6 ; xxiv. 3-7.), are all uncompli- mentary to the lender and seem to imply that the advance should have been made in charity and not with a view to getting a living."* This opinion has by no means been confined to Job's era or country. Some quarter of a centui*y ago a lecture was delivered on the " Three gilt balls," and the lecturer boldly stated — on what authority' we know not — that the Pawn- broker Avas of very ancient lineage. " He was known in Nineveh ; was understood in Babylon, existed in Pom- peii, and flourished when Greece was in its zenith." This may be all true, but there is a suspicious taint about these bold assertions, as if facts had been sacrificed to epigram. That the Trade did flourish in Greece and Rome, we have abundant proof, and that lending money on goods was of daily occurrence, for the Roman law contains many enactments upon the subject.f "Herodotus relates how the ancient Egyptians pawned the dead and embalmed bodies of their friends. In Rome, when Yitellius was appointed General by the Emperor Galba, he pawned his mother's ear-rings to support his family during his absence. In India money dealers' benches may * Quarterly Review. t As to immovable property, and there was only an agreement that it should be security for a debt, it was called both in Greek and Roman law Hijpofheca. When the thing pledged was put in possession of the lender it was named by the Romans Pignus. — Quarterly Review. I ANCIENT MONEY-LENDING 5 be seen in every bazaar."* It was known also in very remote times among the Hindoos. " In short," says the modern author wc have Ijefore quoted, " with- out delving further in the dust of antiqviity, we may assume that borrowers and lenders have existed from the dim dawn of man's history, and that the plan of getting a loan upon the security of a material deposit was so obvious, as to have occurred to the impecunious from the very earliest times." The conclusion we must come to is that the universal mother called " necessity," had early in the development of the human family a son called " invention," and anoney lending was one of his earliest works. * Essay on Pawnbroking, by Mr. Phillips, in 1864. CHAPTER II THE INSIGNIA Although it is our intention to deal as briefly as possible with all matters connected with the subject •vrhich may be considered mythical or legendary, no sketch of the History of Pawnbroking could approach completeness which did not record some accoiint o£ the various theories which have been expounded, as to why the money lending fraternity should have adopted as their Trade emblem the "three golden balls." The most poetic and pleasiiig, if not most ancient, is the legend which Mr. Turner* quotes from " Sacred and Legendary Art," by Mrs. Jameson. The Pawn- brokers' badge and cognizance has been properly enough referred to the Lombard merchants who carried on business in England in the 13th and 14th centuries. But the Lombards had merely assumed the emblem which had been applied to St. Nicholas as their charitable predecessor in the same line. The good Saint was Bishop of Panthera, in Lycia. Mrs. Jameson gives the fable as follows : " Now in that city there dwelt a cei'tain nobleman who had three daughters, and from being very rich he became poor; so poor that there remained no means of obtaining food for his * Contract of Patvn. CHAP. II THE rxsiGxrA 7 daughters but by sacrificing them to an infamous life ; and often times it came into his mind to tell them so, but shame and sorrow held him dumb. Meantime the maidens wept continually, not knowing what to do, and not having bread to eat, and their father became more and more desperate. When Nicholas heard of this, he thought it a shame that such a thing should happen in a Christian land; therefore one night, when the maidens were asleep, and their father alone sat watching and weeping, he took a handful of gold, and tying it up in an handkerchief, he repaired to the dwelling of the poor man. He considered how he might bestow it without making himself known, and while he stood irresolute, the moon coming from behind a cloud, showed him a window open, so he threw it in and it fell at the feet of the father, who, when he found it, returned thanks, and with it he portioned his eldest daughter. The second time Nicholas provided a similar sum, and again he threw it in by night, and with it the nobleman married his second daughter. But he greatly desired to know who it was that came to his aid; therefore, he determined to watch, and when the good Saint came for the third time, he was discovered, for the nobleman seized him by the skirt of his robe, and flung himself at his feet, saying, "Oh, Nicholas, servant of God, wliy seek to hide thyself ?'' and he kissed his feet and hands. But Nicholas made him promise that lie would tell no man. " In the engraving which accompanies the story," wrote Mr. Turner, " the saint is represented standing on tip toe, and al)out to throw a bell shaped purse into the window of the house. The merchant is seen through an open doorway, sitting sorrowfully in the nearest room, while his three daughters are sleeping in a room beyond. The three purses of gold, or as they are more commonly figured, the three golden balls, disposed in exact Pawnbroker fashion, are to this day 8 HISTORY OF PAWXBROKIXG CHAP. the recognised and special emblem of the charitable Nicholas." All other speculations as to the origin of the Pawn- brokers' insignia are prosaic and common place com- pared with the foregoing. Mr. Alchin, who was long custodian of the Corporation Library at Guildhall, held that the signs suspended over the doors of the Lom- bards were originally three flat yellow efiigies of byzants, or gold coins, laid heraldically uj^on a sable field. These flat discs were afterwards converted into spherical gilt balls, which could be seen glittering in the light.* When Antwerp was in its commercial splendour, we are told the inhabitants erected a Bourse, and adopted the sign of Three Purses, the coat of arms of the family of La Bourse.f Cobbett who -wTote a work on "Pawns and Pledges," traces the three balls to the escutcheon of the noble family of the Medici. He also says that extravagant joke had converted the three spheres into a bunch of golden apples from the gardens of Hesperides, and the fabled wearers were descendants of Perseus. Beckman, in his " History of Inventions," intimates that the founder of the Medici family was a physician, and that the three balls were either three boluses, or three cupping-glasses. When the South Sea Bubble bvirst in 1731, Hogarth expressed his belief that it was in a spirit of derision that three blue, or sometimes golden, balls were hung after this time, and represented gilt or painted bubbles. Dr. Brewer, in "Phrase and Fable," gives the St. Nicholas legend, and says also that the three balls were the cognisance of the Medici family. Be this, however, iis it may, it is from the Lombard family Cthe first * Hows' History, p. 48. t i.bid. II THE INSIGNIA 9 great money-lenders in England), that the sign has been apjiropriated by Pawnbrokers* By some Members of the Trade it is regretted that the ancient symbol of money-lending cannot be regis- tered as a " Trade mark," as it is often misappropriated in seaport towns by outfitters to sailors and ^thers, and under its shadow rascaldom has made a victim of poor Jack. There is no law in existence, at present, which could enable this desire to be accomi)lished. The largest Pawnbroker in the world, we suppose, is happy in his ability to append the legend, " Sub hoe signo Jloresco," beneath the three balls ; and it is hoped other members can echo the sentiment, and that Ijeneath the glittering trio the Trade may flourish for many generations yet to come. * Hows' History, page 61. CHAPTER III EARLY ENGLISH MONEY-LENDERS From the few available sources open to us, we learn that there can be little doubt that the early English money-lenders were the Jews, who emigrated to this country early in the reign of William the Conqueror. Then, as now, they seemed to command the " liquid capital " of the world, and were intensely hated in consequence. They held the monopoly of the business from 1066, to the reign of Edward I., in 1272, simply, we suppose, because such other wealth as the country could boast would be in land, and houses, and stock, with very little of any circulating medium. How it is that the purse strings of the world should be under the control of this wonderful and energetic race, it is not our purpose to enquire here ; but as far as history has any record, it appears the genius of these people was generally concentrated on making and amassing money. The interest generally charged during the period from 1060 to 1290 was from 2d. to 3d. in the £1 per week, so that there is little wonder there should arise great outcries against usury. The sum of threepence would represent nearly as much as half-a-crown in the present time, but as the pound would also possess the same proportion of purchasing power, we can see that the per centage rate would vary from 45 to 65 per CHAP. Ill KARLY ENGLISH MONEV-LEXDERS IL cent., and we have no information as to the kind or quality of the security offered ; likely enough in many cases it would be of the slenderest. After this oppression of usury, unsparingly exercised by the Jews, there came, in retaliation, many and bitter persecutions in the exercise of their hazardous calling. The tortures suffered by Izaac of York as depicted in " Ivanhoe," were equalled by those inflicted on one Aaron of York, whom Henry III. compelled to pay 40,000 marks to clear himself of a false accusation ©f forgery. King John, the father of Henry, compelled a Jew of Bristol to pay 10,000 marks or to lose a tooth a-day until he complied. The Jew suffered the loss of seven teeth and then paid the sum demanded. Besides these monetary losses, cruelty, and the uncertainty of life, with no hope of justice, drove great numbers out of England, and obliged those who remained to close their money bags. In this way^ opportunity was opened for otlier usurers, so the Lombards made their appearance, and were assisted by native Englishmen of an equally remorseless type. Where the Jews had scourged boi-rowers with whips, the Lombards scoiirged with scorpions ; and at length Henry III. determined that laws should l)e passed forbidding any persons, except himself, to prey upon his subjects.* Eichard I. however, was so oppressed with neces- sities, that lie was more lenient, as the financiers accommodated him with considerable amounts of money on loan. It is curious also to learn that his successor gave a written guarantee to j^ay the debt ; and this document is supposed to be the earliest known instance of a letter of credit, afterwards the great factor in commercial life now known as a Bill of Exchange. * Turner. 12 HISTORY OF PAWNBROKING CHAP. Ill Several edicts were fulminated against the usury practised by the Lombards, but by their union, and being much richer, together with their cunning, they were always able to beat their English rivals. And "as it is impossible," says Hume, "for a nation to subsist without lenders of money, and as none will lend without compensation, the practice of usury was secretly carried on by the English them- selves upon their fellow subjects, or by the Lombards." CHAPTER lY ROYAL AND DISTINGUISHED PLEDGERS It is established beyond dispute tliat, wliatever high and admirable attributes our former Rulers were pos- sessed of, they seemed to be generally in a state of impecuniosity. When the country was sparcely popu- lated and contained no such pierantic manufacturins: CD CJ O centres as now, taxes were difficult to collect, and the people earned little and spent less. In our researches, we have found many records of Royal pawning. It is said that Henry III. of England pledged a valuable " Image of the Virgin " to obtain money to pay his officers. The famous Cid Campeador pawned a locked chest, supposed to contain his jewels, but which only contained his honour, and which the founder of Spanish royalty was fortunate enough to redeem, which proves that there were confiding money lenders even in those days. Edward I. pawned the customs dues, Edward III. having no dues to pawn, deposited his crown on three separate occasions ; once it remained " up the sjjout " eight years. Well might Shakespere say " Redeem from broking pawn the blemished crown." In 1339 this " regular customer " pledged Ijoth his own and his Queen's crown at the same time, and in 14 HISTORY OP PAWNBROKING CHAP. 1340 the whole of his jewels followed. Henry V. pawned his crown to his "uncle" the Bishop of Win- chester for 100,000 marks, and his jewels to various other ])ersons, authorizing them to sell them in hvelve 'months. Henry VI., we are told, pledged one of the crown jewels called the "Rich Collar," in three pieces, to diif erent persons, to pay the expenses of his wedding with Margaret of Anjou. and never I'edeemed it ; while his bride was obliged to jjawn her ]ilate at Rouen to pay the exj^enses of her journey to England. When Richard II. married Queen Anne of Bohemia, he pawned a large quantity of jewels with the citizens of London, for the same purpose. In 1485 the Earl of Richmond (afterwards Henry VII.), borrowed money from the French King, leaving two live pledges, in the persons of the Marquis of Dorset, and Sir Thomas Boucher. Having " marched thus far into the bowels of the land," he won the crown at Bosworth Field, and on this borrowed 6,000 marks of the citizens of London, and redeemed the gentlemen. Peter, the cruel King of Castile, Ijeing attacked by the Duke of Anjou, in i;387, and being deserted by his subjects, was compelled to fly. He offered 60,000 florins to the Black Prince, to restore him to his throne; but, not having the ready money, he put his two daughters in pawn until he could procure it. Whether, or not, he kept his word and redeemed the ladies, the chronicler does not relate. In 1608, the Archduke Charles of Austria pawned "the rich fleur-de-lys" to Henry VII., for 60,000 crowns. The jewel weighed in gold and precious stones, 2II0ZS. lOdwts.. and was given by Henry VIII. to Francis I. of France, he having the right (but not the money) to redeem it. This transaction rather detracts from the splendour of the "Field of the Cloth of Gold." The great Isabella, who, when Columbus vainly begged to be permitted to find a new world for Spain, IV ROYAL AND DISTINGUISHED PLEDGERS 15 and, when wearied and repulsed, liad turned his back upon the Court, nobly avowed her determination to pawn her jewels in the cause. "1 undertoke the enter- prise for my own crown of Castile," said the Q.ueen, "and will pledge my jewels to raise the necessary funds." "The Queen," says the historian, "despatched a messenger on horseback with all speed to call back Columbus. He was overtaken at the bridge of Pinos, a pass of the mountains. When the courier delivered his message, Columbus hesitated to subject himself again to the delay and equivocations of the Court. When he was informed, however, of the ardour ex- pressed by the Queen, and the positive promise she had given, he returned immediately to Santa Fe, con- fiding in the noble probity of that princess. If the Americans had duly reflected on this incident, they certainly, with the stars and sti'ipes, had quartered the three balls in their national flag.* In 1361, Northbury, Bishop of London, bequeathed 1,000 marks to be placed in the Ti-easury of St. Paul's to be lent on pledges, without intei'est, directing that if the money was not repaid in twelve inonths, the preacher should give notice from the Cross of St. Paul's on the next Sunday, that if the ])ledge was not redeemed in fourteen days (of grace we presume), it should be sold. He ordered that a layman might borrow £10 ; a dean or canon, £20 ; a citizen or noble- man, £20; a bishop, £40. Imagine a bishop of modern times condescending to borrow so paltry a sum. In threading these interesting legends together, it occurs to us as curious how early in the liistory of money-lending the twelve months' forfeiture was thought of, and how firmly fixed it is in tlie popular mind to this day. * " The. Patvnhrolier" from ''Heads of the People," by Douglas Jerrold. CHAPTER V COMMENCEMENT OF STATUTE LAW About the middle of the 16th century, Pawnbroking,. in some shape or other, had become so much of a settled business, that attempts began to be made to regulate it by Act of Parliament. In 1546 a legal rate of interest was fixed at ten per cent., by 57th Henry VIII., cap. 9, apparently in the hope of putting down usury. The attempt was, however, ineffectual, as this law was re- pealed in 1652, but re-enacted in 1571 by 13th Elizabeth, cap. 8, the preamble of which recites that the Act for re})ressing usury " had not done so much good as was ho])ed it would." The most comprehensive legislation occurred iu 1603, when an Act as passed 1st Jac. I., cap. 21, intituled " An Act Againste Brokers." The preamble is a tirade against the iniquitous prac- tices "as of long and ancient tyme, by divers hundred years," of persons who were called Brokers. It is much too long to give here iu full. Its meaning may be gathered by a few quotations and a summary of the clauses. The first clause said : — " Be it enacted and declared by our Sovraigne Lorde the Kinge, with the assent of the Lords spirituall and temporall, and Commons in the present Parliament assembled, and bv the authoritie of the same, that no CHAP. V COMMENCEMENT OF STATUTE LAW 17 sale, exchange, pawnc, or mortgage of any Jewells, plate, apparell, household stuli'e, or other goods of what kiude, natiire, or qualitie the same shall be of, and that shall be wrongfuUie or unjustlie purloyned, taken, robbed, or stollen from any person or persons or bodies politicke, and which at any time hereafter shall be sold, altered, delivered, exchanged, pawned, or done awaye with in the citie of London," Westminster, Middlesex, Southwark, and Surrey included, " to any broker or brokers, or pawne-takers, by any meanes whatsoever, directlie or indirectlie, shall worke or make any change or alteration of the propertie or interest of and from any person or persons, or bodies politicke, from whom the same Jewells, plate, &c., &c., any laAv, usage, or custome to the contrarie notwith- standinge." The second clause states that, " for the better main- tayninge of true and honest dealinge, and for the eschewinge and avoydinge of falsehood, fraude, and deceits in such kinde of Brokers and Pawn-takers : Be it furthermore enacted " that any goods stolen may be demanded by the owners, and may require the pawn- taker to declare whetlier such goods have come into "their possessions," and shall declare, show and mani- fest the same, and say how and by what means he had them or came by the same. If the Pawn-taker refuse to disclose such information, he shall forfeit unto the true owner doul)le the value of the thino-s stolen. The O third clause simply provides that such Brokers, Pawn- takers or Fripperers, shall not be confounded with the ancient trade of Brokers within the City of London, and the act shall not be "prejudiciall or hurtfull" to those gentlemen who are supposed to be legitimate and industrious traders ; while the others are " Frip- perers and no brokers, nor exercising of any honeste and lawfull trade, and within the memory of many yet livinge such kinde of persons tradesmen were verie few B 18 HISTORY OF PAWNBROKING CHAP. and of small numbei-." They are also styled " ujastart brokers," and they "daylie do leave and give over ■their handle and manual occupations, and have and ■daylie do set xip a trade of buyinge and sellinge, and sellinge and takinge to pawne of all kinde of worne apj)arell * * * tindinge therebie that the same is a more idle and easiei- kinde of trade of livinge, and that there riseth and groweth to them a more readie, more great, more jn-otitaljle, and speedier advantage and gaine than by their former manuall labours and trades did or could bringe them." The " Notes to the Act " are — First — Ancient mode of alloAvance and business of Broker in London. Section 1. — " Origin of Pawnbrokers, or dealers in apparell, &c. •" Evils resulting from their traffic. "No sale or pawne of any stollen Jewells, jilate. or other goods, to any Pawnbroker in London, &c., shall alter the propertie therein." Section 2. — "Pawnbrokers refusinge to produce goods to the owner from whom stollen, shall forfeite double the value." Section 3. — " Not to affect Brokers between Mer- chants, &c." Frijipery imports the trade or traffic of old or secondhand clothes and goods. The Company of Fripplers, or Fripperers, at Paris, are a regular Corpoi-ation of ancient standing.* This description of Pawnbroking as it then existed cannot by any stretch of the imagination be called flattering, and it has been frequently used, we are told, by liostile writers as showing the low estimation in which the business was held. But w^e have no proof that the description is a true one, as the Act may have * Hows. V COMMENCEMENT OP STATUTE LAW 19 been drafted by some Orr-Ewing of the period, whose prejudices have blinded him to the truth. It will hardly be believed that the Act j ust quoted was in operation up to the year 1872, and was only repealed by our Act passed in that year, and known as 35 and 36 Vict., c. 93. B 2 CHAPTER VI fUKTlIER REGULATIONS In the year 1638 King Charles I. granted the citizens of London a Charter. Amongst a great variety of matters was the following : — " And whereas divers burglaries, felonies, robberies, clandestine stealings, and thefts of goods, jewels, apparel, and household stuff and other things, are daily committed within our City of London, and liberties of the same, to the grievous damage of some of our subjects inhabiting there, or in parts adjoining. "We, for the better discovery of such like offenders, and of things so lost, with, and for us, our heirs and successors, by these presents do ordain, grant, and constitute, that from henceforth and for ever, within the said City of London, and the liberties of the same, there be, and shall be, a certain office of register of all, and for all sales and pawns made, or to be made, to retailing Brokers within the said city, and liberties of the same, and for any goods, jewels, apparel, household stuff, and other things so to be sold or pawned by any persons. " And further, we do give and grant to the said Mayor and Commonalty and citizens of the said city, and their successors, that it may and shall be lawful to the citizens of the said city, and any of them, for CHAP. VI PDRTHER fiEGL' NATIONS 21 the time being, to expose and hang in and over the streets and ways and alleys of the said city, and suburbs of the same, signs and posts of signs affixed to their houses and shops, for the better finding out such citizens' dwellings, shops, arts, and occupations without impediment, molestation or interruption of us, our heirs and successors, or by any officers or ministers whatsoever of us, our heirs or successors." It ajjpears a matter of regret that the modern and practical S])irit of Bumbledom should ])ermeate our local Governments, so that they vigorously discourage the quaint and i)icturesome custom here sanctioned by Royal Charter, of hanging out signs symbolical of, or indicating a tradesman's business. There was a schedule attached to the Charter, de- fining the fees to be charged for registration, as follows : — "Fees to he taken hy the Register- for Brohers. " For the bond to be entered into by every Breaker, Brogger, and Huckster to the Chamber, — Eightpeuce. " For every bargain, contract, and pawn, for and upon which shall be lent or given One Shilling or above, and under Five Shillings, — One Farthing. " For every the like for which shall be lent Five Shillings or more, and under Twenty Shillings, — One Halfpenny. " For every the like on which shall be lent Twenty Shillings or more, and under Forty Shillings, — One Penny. " For every the like on which shall ])e lent Forty Shillings or more, — Twopence." During the reign of Charles II. two Acts were passed, 13 and 14 Car. II., cap. 15, and 20 Car. II., ared to receive such censure, as the Members might be pleased to visit them with. They begged to resign " from a sure conviction that you would deservedly deprive them " of the positions they had held. They suggested, however, that a new provisional Committee should be appointed, who should send a circular to every Pawnbroker, re- questing him to state his opinion, and what amount he would contribute. This curiosity of " report " literature was adopted by the meeting, but no other Committee was appointed to succeed the invertebrate one just before dissolved. Several speakers regretted the unexpected result, as they felt the Trade would practically be left entirely defenceless, and there seemed to be Parliamentary and other attacks made upon them daily. The defunct Committee commenced under bright; ausj^ices, and possessed funds to the amount of £83, wherewith to endow the new National Society. Other money had been contributed too, there being 350 London Pawnbrokers who subscribed £227. The provinces made a lamentably beggarly show; for 1,600 Pawn- brokers in all other parts of England and Scotland, only raised £80 19s. Well might one of the Members XII PAWNBEOKEKS ASSOCIATIONS G3 present exclaim, " It is a thankless task, working for tlic Trade!" However, in the ton months all this money had. been frittered away on Purliamentai-y agents, other expensive and somewhat useless luxuries, so that the balance sheet showed there was £7 owing to the Treasurer. A speaker, in very sarcastic language, characterized the conduct of the Country Trade as anything but creditable, for, he said, the London Trade had contri- buted something like 15s. ])er head, while the Counti-y Pawnbrokers had only subscrilied about one shilling each. And thus ended the first attempt to form a National Association. Promising from its inception every hope of a strong and useful organization, it cannot but be regretted that such an ineficctual and flaccid effort was made that the whole scheme sank into miserable and complete failure. The cause of this lamental)le collapse was not, however, to be laid only at the threshold of that limp and lifeless Committee, which so meekly desii-ed to be gently kicked out of office, Init mostly to the hopelessly indifferent attitude of the ccnintry. From the earliest years in which the writer took an interested and active part in Trade movements, it has always been current gossip that London, at heart, was always dead against any reform in the Act of Parliament ; that the action of the Metropolitan Trade had alwaj's been to create obstacles and impede all the avenues that led to alteration. But it appears, from the experience of the dejected and rejected Committee, that the apathy of the Country Pawnbrokers Avas the real cause of the first effort to effect national unity l)cing abandoned.^ The credit, so long withheld, to achieve this desirable consummation, evidently belongs to London. It may perhaps, be permitted to the author to state, that in tlic year 1866, two years after being elected Secretary of the Liverpool Pawnl)rokers' Asso- ciation, he proposed a National Union of the Defence Associations throughout Great Britain. The jjroposal ■64 HISTORY OF PAWXBKOKING CHAP. XII was in tlie first instance received with every expression of approval, and a largely attended meeting was lield in Liver] lool attended by rejn'esentatives from London (Mr. Geo. Attenborougli, Hon. Sec), Nottingham, Leeds (3), Manchester (3) ; Bolton, Bradford (2) ; Birmingham, Sheffield (3) ; St. Helens, Bury, Blackburn and Maccles- field. Resolutions all in favour of the scheme were enthusiastically carried, and a ]irosperous and success- ful voyage appeared assured. Obstructions not expected to be encountered were created, and so protracted and harassing was the opposition, that the author and all the Committee resigned, and the National Association remains unaccomplished to this day. While this volume was passing through the press, we were favoured, through the kindness of a friend, Avith some further information relative to the London Societies. We had assigned, it appears, greater an- tiquity to the Northern Friendly Society than it was entitled to, its origin being only 1837. The author was, through the same kindly authority, in- formed that the eai-licst Metropolitan Pawnbroking Societies of which records have been preserved are — The Local Society of Pawnbrokers of Southwark and its environs, which held its meetings at the Half Moon Inn, Borough, in 1812 ; the Eastern Society, which held its first meeting at the Laurel Tree, Brick-lane, on the 13th of April, 1813 ; and the Bouverie Society, which was also frequently spoken of as the Queen's Head or Holborn Society. The Southwark Society, in December, 1812, issued a circular to the Trade at large, recommending them to form themselves into one Society, which should be entitled — "The Society of Pawnbrokers to Protect themselves against the Frauds of Swindlers and Sharpers." Nothing, however, resulted from this effort until September, 1821, when what is now known as " The Metrojiolitan Pawnbrokers' Protection Society" was started under the above quaint title. CHAPTER XIII •PAWNBROKING SCHEMES : CHARITABLE, UNCHARITABLE, AXD OTHERWISE In ]5receding chapters, we have narrated how Kings, -Queens, and other potentates, were, in the earlier ages, driven by their necessities to seek the aid of the Pawnbroker, but the story has yet to be related huw an English King was himself near becoming a PaAvn- broker — or rather the head of a Pawnbroking establish- ment. This was no other than Charles 1. of pious, but impecunious memory. Some person living during the reign of that monarch, being aware, doubtless, that all the ingenious methods that could be devised for raising money w^ere nearly exhausted, projected a scheme for the establishment of a gigantic Pawn House. Mr. Hows tells us that he saw the veritable MSS. in the British Museum, and that he quoted verbatim from the originals. The first is called the ^'M.S. Hargrave, No. 321, page 697." Hargrave, we presume, was the loyal patriot who desired to elevate his royal master, in the social scale, by making him a Pawnbroker. At any rate he proceeds to inform the citizens of London, that he proposes what he calls " A. project declaring howe the intoUerable injuries done to the poore subject by brokers and usurers, that take 30, 40, 50, 60, and more in the hundreth, maye be K 66 HISTORY OP PAWNBROKING CHAP. remided and redressed, the subjectes thereby greatly relieved and eased, and his Majesty much beueffitted; which is thus to be effected." " That the cittie of London wilbe pleased of the moneyes of the Chamber of Orphanes por9ons, (which we presume means trust money), or of their owne moneys, to make a bank of ready money amounting to £100,000, and that the samebe jilaced in a Pawnhouse for that purpose to be provided, and to be governed or directed and disposed of by a Treasurer, 4 Aldermen, and other inferriour officers by them to be chosed as is hereafter expressed. " And what moneyes more shalbe required for that purpose of the same Pawnhouse maybe had as before, or elles of the perticuler citizens, for which shalbe paied 7 in the hundreth per annum : And it is to be thought that by the cittie of London there wilbe borrowed yearely from the Pawnehouse uppon pawnes, £300,000 ; and if a man consider what may be borrowed upon household stuffe, what upon clothes, jewels, houses, and lands, and howe many doe noweadayes in and about London live uppon brokery and usury, perhaps ten or twelve thousand, and how much they have to doe, noebodie will doubt at it, and indeed I have heard by credible report that one citizen onlie in London, putting out his money to brokers, winnith by it most every yeare 10 or 13 thousand pounds ; soe that 1 gesse there wilbe borrowed more rather than lesser than (as is aforesaid) £300,000 ; which at 15 in the hundreth per annum is £45,000." Having, to his own mind satisfactorily, earned this large profit, he disposes of it in the following liberal manner : — " For interest to the proprietaries at seven £ s. d. in the hundred per annum 21,000 " For that some money nowe and thenlyeth dead and unemployed and soe looseing 9,000 XIII PAWNnnOKIXG SCHEMES 67 "For his Majestie for two-third parts of £ s. d. the profits 10,000 "For the pawnehouse for one third jmrt of the profit 5,000 45,000 this manner £ s. d. 1,000 " The £5,000 for the pawnehouse are in this manner to be employed : — "To a Treasurer at £1,000 per annum "Four Aldermen or overseers of the pawne- house, at £500 le peece per annum 2,000 "Two clerkes for the house, to keep the lidger-booke, register-booke, and ac- compts, both of principal, stock in- crease, money taken upon interest, and to observe the dayes when the pawnes be taken in, at £100 le peece per ann. 200 " Two auditors for the Kinge, to looke the truth of passing the accompts 200 " Two clerkes more for the re-delivery of the pawnes and keepeing the accompts of the interest money, one for the King, and one for the house, at £100 le peece 200 "Two goldsmiths, at £60 le peece 120 "Two brokers for merchants at £60 le peece 120 " Four common brokers at £50 le peece 200 "Eight servants for their diet and waiges at £20 le peece 160 " Three women servants, for their diet and waiges at £20 le peece 60 "For house-rente, fyre, inke, paper and other charges gOO 4,560 £ 2 68 HISTORY OF PAWNBROKING CHAP. " For remaine £440 which may he put as a £ s. d. stock in the pawne house, being the revenue for his Majestic 440 6,000 " Or elles it may be agreed that if the one-thii'd part of the profit for the Pawnehouse will not suffice to su])])lie the said charges of the Pawnehouse, then the Baid charges shalbe defalketh out of his Majesties part, and soe likewise what shalbe more amounting of the said one-third part the said benefitt shalbe for his Majestie." It is hardly necessary to record that this ambitious and impracticable scheme was a dismal failure. The " Cittie of London" would have none of it, nor would it spare any money, as they, the Merchants, " being constrained to keep it in readiness against all charges and suddaine eventes." Likewise " the cittie will not have their wealth or state knowne." Also, "that it would be a great danger to the cittie to putt her money into a Pawnehouse," for " the cittie is rich enough, and neede not to put out her money for to gett by it any more." Then the projector answered all these and other objections at great length, but although the M.S. is very quaint and ancient, we have not space for lengthened quotations. One curious matter in the way of protection of the stock and premises may be named as being ingenious if not inconvenient. It is suggested " that noeboddy should robbe the Pawne- house by digging under it, it may be procured thafc there should runne water under it, and soe, noebody may ])y digging gett any goods out of it." The golden dream of this devoted Royalist vanished into incorporeal air, when the light of the experienced London merchant was thrown ui)on it ; the King never became a Pawnbroker, nor drew his handsome annual stipend of £10,000. XIII PAWNBROKIXG SCHKMES 69 The earliest Cliaritiil>le Pawnbroking, indeed, the earliest Pawnbroking Establishments of anj kind, in England, were the Charitable Loan Funds, known as "the Oxford Chests." The earliest exam))le of these Institutions, is one established by Eobert Grossteste, the Chancellor of the University in 1240, who issued an ordinance to provide for the jjroper maintenance of certain funds which had previously been subject to some maladministrations. The immediate effect of this ordinance was the creation of tlie hrst " chest," called the Fridesivyde Chest. It runs somewhat to this effect : The money paid Ijy the townsmen of Oxford as a kind of fine on account of a certain injury inflicted Ijy them upon the University, not having been hitherto regu- larly applied to the use of poor scholars, Eol)ert Grossteste, as diocesan, issues an ordinance to regulate the same. The money, with additions thereto from bequests or otherwise, shall be deposited in St. Frides- wydes Priory : and one of the brethren of that Priory, appointed by the Priors and a])proved hy the Chan- cellor, along with two distinct persons to l)e elected by the University, shall have the custody thereof : It shall be lent to poor scholars upon ])roper pledges being given for the same : such scholars must not hold a benefice of the value of ten marks. If tlie pledge 1)6 not redeemed within a year, it may be sold. Any scholar thus borrowing shall sign a writing by which he shall bind liimself not to go to law or ajipeal against the above conditions, and that he Avill submit himself to the Chancellor in everything relating to the transaction. The aforesaid Guardians of tliis money shall annually render an account before Auditors ap- pointed by the University for this ])urj)ose. It appeai-s that many of the old City comjianies were Bometimes in the habit of advancing money on pledges. The Drapers' Comjiany had an entry, as folloAvs : — ■ " 1528 Thomas Pykkes brought into this house as a 70 HISTORY OF PAWNBEOKING CHAP. pledge a stand mitt and cover, all sylv', andp'cellgylt." The Merchant Tailors' Company have an entry to this eSect : — " 1563. William Hector deliverd in pledge, for his fine of 40s., a Kmg of Gold, for calling Thomas Wilford a prating boy."* In 1657, one Samuel Lambe, merchant, addressed a letter to Oliver Cromwell, " the Lord Protector." It was printed in pamphlet form and advocated the establishment of a Bank for the Nation, and the following paragraph will illustrate its purport : — " That the same Bankes may also furnish another Banke with a competent stock, to let out any sum of money under five or ten pounds, at reasonable rates upon pawne or other security ; whereas now many poor people, to raise a small stock to get a living by, are forced to give intolerable rates, as about 6d. per week for the use of 20s." The pamphlet was said to be " printed at the Author's charge, for the benefit of the English Nation, and to be considered of, and put in execution, as the High Court of Parliament, in their great wisdoms, shall think meet." Their " great wisdoms," however, neither thought nor acted in the matter. About this period other similar schemes were advocated by a Dr. Chamberlayne, a Mr. Murray, and others, but none of them were ever carried out. At last, in 1707-8, was established the afterwards notorious " Charitable Corporation, for lending money to the industrious, but necessitous poor," and the public were led to believe that Charitable Pawnbroking had been started on a sound basis. In the preliminary announcements it was stated that the ostensible motives in forming the Company were to defeat the extortionate and extravagant usury made by the Pawnbrokers, which often amounted to from 30 to 60 per cent. It obtained * Hows : from Herbert's Histonj of the Twelve Great Companies^ xm PAWNBROKING SCHEMES 71 its Act in 1708, but did not commence its business of lending to the " industrious, Ijut necessitous poor," till 1719. The capital was at first £30,000, and the Corporation paid for some years, dividends at the rate of 10 per cent. In 1722 its capital was enlarged to £100,000, which, it was soon discovered, could not be invested in legitimate Pawnbroking. Having still to pay a dividend that should not exhibit any falling off, it entered into a course of jugglery, not altogether un- known in more modern times. Again the capital was enlarged, by successive stages, until it amounted to the enormous sum of £600,000, nearly all of which was ultimately dissijmted by gambling speculations on the stock exchange. It also " made advances," ujjon the shares of several large building schemes, for lack of better pledges. The concern struggled on to the year 1731, having during that period 294 houses engaged in Pawnbroking. At one time, the £100 shares were at a premium of £10 3s., but through the reckless specu- lations, mis-management, and embezzlements it sank gradually, deeper and deeper still, to the final collapse. Then it was discovered what a policy of fraud and deceit had been pursued ; for in addition to wholesale rob- beries, fictitious pledges were created to account for the disappearance of the money. Then a panic ensued, the confiding and investing public had the glaring fact staring them in the face that they had been gulled by daring, unscrupulous, and designing rogues. The cashier, George Eobinson, M.P. for Marlow, and John Thompson, the warehouse keeper, both decamped in one day. The proprietary shareholders sent a ]ietition to the House of Commons, representing that by the most notorious breach of trust they had been despoiled of their money by persons to whom the care and manage- ment of their affairs were committed ; the corporation had been defrauded of the greatest part of its capital, and that many of the petitioners were reduced to the 12 HISTORY OF PA^VXBROKIXG CHAP- utmost degree of misery and distress.* On investi- gation of the accounts it was found that the £600,000 had dwindled down to £34,150 which amount repre- sented the entire available assets. The legislature granted a lottery, as a means of relieving the distress of the many sufferers caused by the defalcations. Although the lottery was ostensiljly for £500,000, yet after expenses, it only yielded about 9s. 9d. in the pound, which Avas distributed. The affair was the greatest scandal of the time. The managers recklessly sold bonds, and there was a de- ficiency of £4-20,000, besides £110,000 in Bank of England notes, and £40,000 in notes and bonds of their own coining. On the managers being remonstrated with and reminded of the "' necessitous poor," they are said to have replied " D n the poor ; let's go into the City and get money for ovirselves." f It was reported that many Memljers of Parliament were expelled the House of Commons, amongst whom were Sir Robert Sutton,. Sir A. Grant, Dennis Bond, and others who were all managers of the Corporation, and were called upon to give security before the Barons of the Exchequer for' their not leaving the kingdom. What other punish- ment, if any, was inflicted upon them, is not disclosed.. All disastrous experiences which a previous genera- tion endures, speedily dies away, and the successors know not, or care, of the dire consequences which may befall themselves, by entering into visionary schemes. So in 1823, a new scheme was launched called a " Philanthropic Loan Bank," and the prospectus said, " At this time when capital is so abundant and British pliilantliro'py so active and henign," it behoved capitalists to study whether there were not opportunities to * Smollett's History. t GentlemcDi's Magazine, May, 1732. XIII PAWNBROKIXG SCHEMES 73 secure advantages "by the henefirent employment of their wealth," and it was confidently believed an abundant remuneration would result. This sanguine anticipation was, however, never realized, nor was tlie capital ever subscribed. Again in 1824, another infulliljlo panacea for the cure of poverty was projected under the high sounding title of " The Equitable Loan Company of England. Capital £1,000,000, (with power to increase) in 20,000 shares of £50 each." The deposit was £2 per share, and no less than 17 Members of Parliament were on the provisional committee. How far the projectors understood the subject, may be gleaned by an argument put forward on more than one occasion that the Pawnbroker's capital was so limited that considerably smaller amounts were advanced than the borrowers required. The Bill fell dead in the House of Commons, and Pawn- broking was still left to private eiiteT"])rize. "It is singular," wrote Cobbett, "that the pilot lnil)ble of the multitude previously sent aloft, was succeeded by another new sclieme of an " English Mountain of Piety." Some £400,000 is. believed to have been subscribed, but it speedily vanished, as did the funds of the Charitable Corporation. We have not space to enumerate all the attempts made, even to our own time, for establishing Charitable or otherwise Joint-Stock Pawnln-oking. A "British Pledge Society," to lend money at half the rates charged by Pawnbrokers, with capital to the amovmt of £300,000, which we suspect was only on paper, came to grief like its predecessors. In 1843 the Earl of Devon introduced a Bill in the Lords called a "Charitable Pawns Bill," which was referred to a Select Committee, but it never got beyond that stage. In 1844 a Bill was introduced into the Commons by the Hon. W. F. Cowper, Member for Hertford, " To provide for the establishment and regulation of Charitable Pawn Societies." Strong 74 HISTORY OF PAWNBROKING CHAP. XIII opposition from the public and the Trade was evinced against it, and the Times in its commercial article said, the project "is one much discussed in the City, and held to be of a very questionable character ; for past experience has shown the great difficulty of manage- ment, and almost irresistable temptation to fraud, which attends such institutions." In 1846 another attempt was made to raise the modest capital of £30,000, to establish a Mont de Piete in Norwich, and it was said that the idea was warmly supported by the Bishop of the diocese. It went, how- ever, the way of all other previous good intentions. Many other schemes, similar in their character, have been attempted, and we believe there is one in embryo someAvhere about Westminster at the present time. As this brief chronicle has no pretence to be an exhaustive history, we cannot stay to comment upon it or others. So likewise the Monts de Piete of Belfast, Limerick and other Irish towns, must pass here without comment. They are well known to have been disastrous and dismal failures, and have a peculiar and interesting history of their own, not unfamiliar to many of our readers. CHAPTER XIV harbingerlS of refokji Few but veterans in tlie Trade, have any knowledge ■of the various attempts made to remedy tlie defects in the Act of 1800, the general opinion being that the movement which originated in 1868, was the only •campaign through which a valiant struggle was made. We have already shown, however, how in 1838 the London Pawnbrokers were anxious for some alleviation of the tyranny and oppression under which they suffered, and prayed the Government to amend the Act in many directions, but without effect. There was no popular clamour for a " reform " of that character, therefore Ministers could afford to turn a deaf ear to the desires of iroii-ruled tradesmen. These latter had not the courage to take the field themselves, but had turned their backs on any fighting, and thrown away their weapons. But the idea was germinating, and if London soil could not develope it, there was an opinion that a trial by the provinces was worth attempting. Accordingly, tlie subject was brought forward at the annual meeting of the Liverpool Association, held on December 6th, 1843. After the report had been adopted, and other business disposed of, the Chairman said he wished to draw the attention of those jn-esent to the important subject of making application to 76 HISTORY OF PAWNBROKING CHAP, Parliament for an amendment of the Pawnbrokers' Act. There would, he opined, be little difference of opinion as to the desirability of such an alteration, while he regretted that the London Committee had declined proceeding in the matter.* It remained therefore for the Provincial Trade to undertake the duty, and their Committee had been considering the sul)ject for the previous few months ; they had con- sulted their legal adviser, who had informed them that with suitable outlay and proper exertions, they could not fail to secure their object. After ventilating the subject in all directions, it was resolved "That the Committee of the Association be empowered to take means for obtaining an amendment of the Pawnbrokers' Act." Thus was the standard of " Reform " raised nearly half a century ago, but it only inaugurated the first demonstration in force, of an intermittent campaign extending over many years. A circular dated January 25th, 1844, was the earliest intimation that the Committee had got to work. It was signed by the Chairman, Mr. Edward Byford — a name still extant in the ranks of the Liverpool Trade — and inter alia it stated that : "The views of the Trade generally are, to reduce excessive penalties — to found the regulations of the Act on au equitable basis — and for the purpose of protecting the honest portion of the Trade from the attempts of the common informers — to reduce the interest from a percentage calculation to specific fixed rates for the various sums lent — to expunge the trivial requirements of the statute — and generally to simplify the mode of conducting their business. The Liverpool Trade have been subject of late to much local annoyance, independently of the general vexation caused by the introduction of the Charitable Pawns Bill; for these reasons they are * Ante p. 61. XIV . HARBINGERS OF REFORM 77 determined, provided they receive the approval of any- considerable portion of the Trade, to endeavour to free themselves from the shackles imposed Ijy their Act. At the same time if London, or any considerable town will take a leading part, they are quite -willing to Tender all the assistance in their ])o\ver, and to heartily join in the endeavour to attain the most desirable ■amendment." The circular -was sent to every Pawnbroker -whose name and address could be discovered in the United Kingdom. The first promise of suppoi't came from Newcastle and Gateshead. At the quarterly meeting held Feb. 13th, 1844, the following resolution was adopted : -*' That this Association approves generally of the alterations proposed in the present Pawnbrokers' Act by the Liverpool Trade, and that they are willing to support them as far as lies in their jjower, in any expense which they may incur upon that subject." The progress of reform, however, was not, even at that period, to run smoothly into the haven of success. A sudden deadlock was produced by the introduction of the Charitable Pawn Societies Bill into the House of Commons by the Hon. W. Cowper, member for Hertford. It was presented to the House on the most appropriate day of the year, the 1st of Ai)ril, and on ■that day, read a first time, and was ])ut down for the second reading on Wednesday, 17th April. This was not a good augury for a Bill likely to be opposed, and there could be no uncertainty about the intention of the Pawnbrokers in that respect. They were not slo-w in realizing the unpleasant fact that the enemy was at their very gates, and it must now be defence and not attack. Reform became an unread drama, and was pigeon-holed, to abide the result of a more stirring performance. The whole country was roused into activity to avert the unexpected and pressing danger. 78 HISTORY OF PAWNBROKING CHAP, Meetings were held in every town ; subscriptions were freely handed in ; petitions against were poured into the House of Commons. Day after day, honourable members brought up from their constituents petitions praying for the discharge of this bill, which consisted of 20 claiises and 2 schedules, and threatened to put an end to Pawnbroking as a private enterprise. In a few days the following constituencies sent up petitions to their representatives for presentation : — London (3), Manchester, Liverpool, Birmingham (2), Newcastle, Nottingham, Edinburgh, Exeter, Paisley, Brighton, Rochester, Bromsgrove, Newark, Southampton, Wednesbury, West Bromwich, Dudley, Warwick, Leamington, Worcester, Coventry, Walsall, Wolver- hampton, Sunderland, Glasgow, Warrington. These were followed by others from great centres, as Leeds, SheflBeld, and many of the surrounding districts. Invaluable services were rendered by two brothers named Yardley, who were Pawnbrokers residing at Hertford, and consequently constituents of the Hon. W. Cowper, who had introduced the Bill. They wi'ote to him most spirited and determined letters, full of unanswerable arguments, and being supjoorted by the Trade generally, with the unanimity we have indicated, the Government officials saw there was no other course open but to sacrifice the bill. On April 18th the hon. gentleman wrote to Messrs. Yardley as follows : — " House of Commons. " Gent", " After the communications you have addressed to me, I think it right to inform you that the President of the Board of Trade, having retjuested me to withdraw my Bill for the present, on the ground that the question of Pawnbroking is of such importance that it demands, and ivill receive, the attention of Government, I have thought it right to accede to his request, for it is only the neglect of the subject on the part of the Gov' that could jiistify an individual Member in attempt- ing to legislate upon it. " I have the honour to be, " Your ob'. Serv'. " W. Cowper." XIV HARBINGERS OF REFORBI 7^ So the victory was on the side of the Trade; but a rude blow had been struck at the reformers. The agitation, the labour and the money required for the Campaign, staggered the boldest and exhausted any enthusiasm which had previously been aroused. About the end of July, howevei', the redoubtal)le reformers once more emerged from their enforced retirement. The Liverpool men issued another address urging that a meeting of Delegates from all parts of the country should be held and that London should take the lead. On the 31st of the montli a deputation from Liverpool waited upon the Committee of the Manchester Association and produced a copy of the amended Act which was read and fully considered. It was then resolved : " That the amended Act now proposed by the Liverpool Committee is considered by this Committee an improvement on the present Act of Parliament and ought to be adopted." Thus Manchester became an adherent, and the following day Warrington also joined hands. The Liverpool deputation then visited Nottingham, Derby, and Leicester, and at each place were well received, while funds were subscribed or promised. Glasgow passed approving resolutions and appointed a corresponding Committee; Birmingham, however, was coy and hesitating, for they considered it inexpedient to introduce the Bill as Government had intimated that the subject was already under consideration. On the other hand, Portsmouth, Portsea and Gosport, gave early support. Sheffield cordially agreed to the proposed revision. Later, a deputation composed of Members from the Manchester and Liverpool Committees visited Leeds, and found the Trade unanimous for reform. Elated, doubtless, with their success, tlie deputation boldly made for Birmingham, and strangely enough the Lancashire eloquence was so effective and con- vincing that the resolution which had been passed wag 80 HISTORY OP PAWNBROKING CHAP. rescinded, and the meeting cordially approved of the movement, and engaged to give it " steady support." Wigan, Preston, and other towns came in with resolutions and subscriptions, and thus the march of reform seemed to be without impediment and promised to terminate in a glorious success. London, however, held aloof, ostensibly because it believed Government would not adopt the bill, but would be tempted to introduce one of their own drafting and of greater stringency than would be likely to emanate from the Pawnbrokers themselves. The rumour became so general that this was to be the case that the late Mr. Jackson, editor of the Pawn- hroTi-ers' Gazette, wrote to ask for some definite infor- mation. A reply was received, dictated by Mr. W. E. Gladstone, in which it was stated that no such intention existed, finishing in true diplomatic style by saying, " That no step in relation to so important a subject will be taken without due deliberation and ample notice." Reform meanwhile lay quiet. The once vigorous Committee were quiescent till March 31st, 1845, when came the deluge. In a report then issued by the Liverpool Committee, it regretted the secession of their "Manchester friends," who, continues the re])ort, " at the eleventh hour, and when the Liverpool Com- mittee were all but pledged to proceed, suddenly and unexpectedly changed their opinion, and notwith- standing their having for a period of six months joined heart and hand with the Liverpool Committee, after collecting a respectable amount for this object from the Manchester and Salford Trade — after affording assistance by deputations to various towns," they suddenly discovered that it was necessary to pause and remain neutral as a Committee. The Liverpool Committee therefore had decided to abandon the Bill" XIV HARBINGERS OF REFORM 81 The Manchester Committee at once responded, and said the charge was incorrect, for it was the Liverpool reformers who had diverged from the lines laid down and agreed upon. The plan proposed was first to organize the Trade throughout England and Scotland, and afterwards elect a Central Committee. This was announced at every meeting that had been held, and, it was urged, the "Liverpool gentlemen well know that they departed from this the original plan ; that the failure in forming a Central Committee does not lie at our door ; ' nay we would have gone with them even at the eleventh hour,' in their own diverged plan o£ obtaining a new Bill, had they ])een able to demonstrate the practicability of obtaining it." To think of Eeform in the face of this unfortunate breach between the two most powerful bodies, was out of the question ; therefore the matter remained in statu quo, although not forgotten. A firm hold had been obtained in parts of the country, and not a few were anxious to proceed. In December, 1847, nearly three years after, an address ajipeared in the Gazette from an anonymous correspondent, "To the Pawn- brokers of Great Britain," and said, "The days of reform are upon us ; we cannot work many years longer with our present unjust and partial law — a law which would be submitted to by no other body of traders, even not possessing a tithe of the inflvience enjoyed by the Pawnbrokers of London alone. And why is it thus with us ? Whatever may be the political bias of this or that administration * * * it could not be said, even by the most factious enemies of the [lowers that be, that a British Parliament ever refused to sanction better and more equitahle laws for any class of Britain's subjects." Possibly, since 1847, opinions may have been formed which are scarcely in accord with the enthusiasm of the above quoted writer. Many other correspondents took iup the subject till the matter assumed so much reality 82 HISTORY OF PAWNBKOKING CHAP. XIV and earnestness, that a meeting was held in London on March 1st, IS^S, a Mr. Vesper, the convener, being elected to fill the chair ; and many metropolitan notabilities, with a few provincial representatives, were present. The following resolution was proposed by Mr. Ashford, and seconded by Mr. Folkard, " That this meeting deems it desirable to go to Parliament to obtain an alteration of the existing Pawnbrokers'' Act." An amendment was then proposed by Mr» W. A. H. Hows, and seconded by Mr. Harrison, " That this meeting is of opinion that to go to Parliament in order to obtain a larger amount of profit from the very poorest classes of the community, is a step calculated to increase the prejudices already existing against the Trade ; and that there are no reasonable grounds for supposing that such a proceeding would meet with success." A long and lively discussion took place, when the amendment was declared to be carried. The minority, we are told, appeared to constitute about one-third of the meeting. CHAPTER XV A rORLORX HOPE — VICISSITUDES — DISORGANIZATION Nothing daunted by their crushing defeat at the London meeting, the little Imnd of ardent reformers met in March, 1848, at the Ship Tavern, Bishopsgate- street, still determined to make a fight to oljtain freedom from the thraldom of the Old Act. The Mr. Vesper, mentioned as taking a leading part at the previous meeting, now occupied the Chair, and the position of leader. A resolution was agreed to without a dissentient, that the meeting should then resolve itself into a Committee for the purpose of forwarding the views of those Members of the Trade who were desirous for an alteration of the Act of Parliament ; also that there be a corresponding Secretary for the furtherance thereof. This step appeared to be definite, and likely to lead to business. Perhaps more so was the next resolution, which declared, " That this meeting is of opinion it would be very beneficial to the interests of the movement if each individual Member of the Trade, in town or country, who wishes an application to be made to Parliament for an amendment of the Pawnbrokers' Act, will forward his assent to the Chairman, ivith a promise of a subscription of £1, so soon as a Parliamentary Committee shall be appointed; this plan, the meeting considers, would enable the r 2 84 HLSTORY OF PAWNBROKING CHAP. friends of the cause to ascertain their real strength, and it therefore earnestly recommends that it he adopted by all those who are favourable." Although the foregoing resolution extended almost to the dimensions of a brief address, it was cogent enough, and emphasised practical politics. Had there been any latent desire for reform extensively permeating the mind of the country, such an appeal should have enabled the gallant band to cry " Once more into the breach, my friends, once more ! " But it seems to have been only a forlorn hope, receiving no support ; and gradually dwindled into the forgotten. Liverpool, still anxious to be in the van of progress, but now under leaders whose names will be remembered by the present generation — Mr. Jas. Fairhurst, and Mr. Batten — about this time reported at a meeting in their own town the result of their experiences at the London meeting. They deeply regretted the apathy of the Provincial Trade, which was only represented by Liverpool, Nottingham, and Paisley. This induced the members of the deputation present to refrain from voting. They were encouraged by the fact, however, that but a few years j^reviously the London Trade to a man, were opposed to any interference with the Act, while now a portion of their body sincerely desired Parliamentary reform. With what result we have seen. The years 184-8-9 w-ent l)y and not another "note of busy preparation" was sounded. There were disastrous reasons for inactivity, not the least of which was a visitation o£ the dreadful scourge known as the cholera. In 1849 it raged throughout the land ; trade became paralysed. Special religious services were held, new prayers composed, and the people's thoughts and griefs were devoted to the dead and dying. Ideas of reform and trade matters were obliterated in the nation's sorrows and calamities. XV A FOltr.OKX HOPE 85 Tlien came the all-absorbino; Crimean War, creatins: unexampled and intense excitement from its outbreak, in 1854, to the signing of the Peace, in Paris, in 1856. It was early in this year that attention was recalled to the subject of Pawnljrokiug reform l)y a series of articles which appeared in the Gazette under the title of " The Pawnbrokers' Act considered with a view to its amendment." For many months the articles were continued, and drew forth favourable and other comments from numerous correspondents. In the annual report of the Liverpool Association, issued in July of the same year, it was stated that a Sjiecial General Meeting had been convened several months previously for the purpose of considering the advisability of appealing to Parliament for amendments of the existing Act. A resolution was passed declaring the opinion that the time had arrived for action ; it was also decided to form a guarantee fund to the amount of £400, which sum should be the Liverpool contribution to a general parliamentary fund of £1000. The sub- scriptions in Liverpool up to the then date, exceeded £250, and there was little doubt — as the report ex- pressed it — that the £400 would soon be reached. The time was considered favourable as the Government had just taken part in the repeal of the Usury Laws, it was therefore conceived to be the duty of the Liver- pool Trade to make an effort to take up the important question without delay. Still time passed, and no movement was made. And no wonder, for disasters had come quickly on the steps of each other. First the case of Michael Duffy, who Jiad been sentenced to seven years' penal servitude in Ireland for taking in pledge at Tullamore, a pair of brogues and three petticoats, stamped with the workhouse mark of that parish. The whole Trade quivered with indignation, for it was felt that the punishment was grossly in excess of the offence committed ; meetings were held, 86 HISTORY OF PAWNBEOKING CHAP. and subscriptions generously contributed ; while Man- chester and Liverjjool vied with each other in their unceasing efforts to obtain Duffy's release. A deputation composed of the leading officials from both Associations, went to Dublin and interviewed the Lord Lieutenant, Eax-1 Clarendon, and presented petitions praying for a commutation of the excessive sentence. Meetings were held in Loudon and other places, and. petitions were also presented to the Home Secretary, and a strong deputation waited upon him at the Home Office. The Journeymen's Benevolent Society got up a large petition. In the end, after the expenditure o£ infinite labour, and large sums in travelling expenses, preparing petitions, &c., Duffy was released when he had suffered some eighteen months' confinement. The largest proportion of the money left in hand — some £20 — was handed to Duffy's wife, and they left the country for America, at least £100 being given by Mr. Mackay the employer. Not very long after this, came the Shrewsbury case, in which the two only Members of the Trade in the town were arrested for knowingly having received a coat and trousers, which were stolen, property. An officer had made inquiries at the respective shops, but so meagre was the description given, that the goods could not be found. The officer, who had the tickets in his 2^^^^^^^ion all the time, obtained a search warrant, and entering the ware- houses, discovered the ]n"0]ierty, which he alleged the Pawnbrokers had denied possession of. Again the country was aroused, petitions and deputations to the Home Secretary, Members of Parliament, and others poured in. When the circumstances came to be thoroughly investigated, it was found that a carpenter's house had been entered during the absence of the family, and among the articles stolen were the coat and trousers. Two tramps were apprehended on suspicion, ^nd brought before the Magistrates. Notices had been XV A FORLORN HOPE 87 circulated containing the ])articulars of the stolen property. After the arrest of the thieves, information was obtained /ra«i, iliem, that some of the property had been pledged in Shrewsbury, and inquiries were made at Mr. Kent's and Miss Rol>inson's the Pawnbi-okers, but without success. It was subsequently ascertained that the men in custody had sold two pawntickets to a. lodging house keejier, /Vow ivhotiithey were obtained by the police. Inquiries were again made at the two shops, but again, as the police asserted, without the goods being produced. A search warrant was then procured and the ])remises searched, when the trousers were found pledged on the Wednesday, and the coat on Thursday, the police notice being given on the Friday. The Pawnbrokers were both committed for trial, being allowed free on bail, themselves in £50 each, and two sm-eties of £25 each. At the sessions the jury brought in a verdict of "not guilty" against Miss Hobinson, and the case against Mr. Kent was aban- doned. The same year had not exyjired when the Trade was thrown into an unutterable state of consternation by the arrest of Mr. Jackson, a Pawnbroker residing at Doncaster. As the facts were evolved, it appeared that a charwoman named Collis, after reported as Collins, had been at work at tlie house of Mr. Thorpe, solicitor, of Thorne, about twelve miles from Don- caster, and while there, stole from the dressing table a diamond ring valued at £10. She afterwards pledged it at Mr. Jackson's shop for 5s. 6d., Mrs. Jackson taking the ring and l)elieving it to be paste. An en- quiry was instituted a day or two after the robbery, and on application at Mr. Jackson's shop, the ring was immediately produced for ins]:)ection, and being identi- fied, was given up. The woman Collis or Collins, was taken before a Magistrate, and committed for trial, and Mr. Jackson was severely censured for taking in the 88 HISTORY OF PAWNBROKING CHAP. pledge, Avliile the fact remained that Mr. Jackson had never seen the ring until it was identified as stolen pro- perty. At the Sessions held at Sheffield about a -week subsequently the prisoner Collis was arraigned on the charge o£ stealing the ring, and she pledged guilty. A Mr. Blanchard, barrister for the prosecution, called upon the Court to reprimand Mr. Jackson for his reprehensible conduct. Mr. Jackson was in attendance, not by summons as a witness, but had accompanied his wife, who had taken the ring in pledge. He was immediately after the trial arrested, on the indictment of feloniously receiving stolen property. The grand jury forthwith returned a "true bill." Bail was offered but refused. The next day he was put upon his trial, when his counsel (Mr. Campbell Foster), applied to traverse the case until the following sessions, on account of the extremely limited time the prisoner had at disposal for the preparation of his defence. Mr. Wilson Overend, chairman of the Bench of Magistrates, refused the application, and the trial proceeded. The woman Collis had not yet been sentenced, and was admitted as the first witness, her testimony being to the effect that when she pledged the ring both Mr. and Mrs. Jackson were present ; that Mrs. Jackson offered the 5s. 6d., saying the stone was paste; that Collis accepted the money. That a friend of Mr. Thorpe, the owner, instituted inquiry, and the ring was found at Jackson's, and at once given up. Evidence was also given that Mr. Jackson was asked why he advanced so small a sum, he replied lie had not seen the ring, but that if he had he would not have hesitated to lend £7 iipon it, as he could tell it was a diamond. Many witnesses were called to prove the respect- ability of the prisoner, the valuable assistance he had frequently given to the police, and the readiness with which in this case he had facilitated the ends of justice. The Chairman summed up strongly against the prisoner. XV A FORLORN HOPE 89 The jury consulted some time, and they expressed a wish to retire ; when the Chairman replied they could retire if they wished, but if they did not agree to their verdict within an hour, they looidd he locked n/p all night. The jury then returned a verdict of "guilty," and the Chairman, loitliotit consulting his colleagues, at once sentenced the prisoner to twelve calendar months' im- prisonment with hard labour. The sentence was received with murmurs of disapproljation in a crowded court. The prisoner appeared paralysed, Ijut recover- ing himself said ; " I am perfectly innocent of the charge, and I feel that such a sentence at my age, 65, is extremely hard, and I trust the Bench will reconsider it." The Chairman replied " Sir, the sentence is passed, and cannot be altered." The thief Collis was sentenced to one niontli's imprisonment, at which some of the bystanders cried out " shame." Mr. Jackson was sent to Wakefield with a batch of other prisoners, and Mr. Wilson Overend no doubt retired to his home with the feeling that " The path of duty was the way to glory," or as another poet ex- presses it, with " The secret consciousness of duty well performed." He little knew, however, how notorious his name would be throughout the length and breadth of the land, in a few days. The Trade rose like one man ; petitions were rained upon Members of Parlia- ment, the Home Office, and every jiossible official likely to be of service. Every town in the Kingdom vied with each other in their efforts ; a large meeting was held in London, attended by the Mayor of Don- caster, and representatives from nearly everj^ large town. They worked incessantly ; deputations waited upon leading Meml^ers of Government and Parliament, and in the end, after suffering seven weeks' incar- ceration, Mr. Jackson was released. But alas ! the shock had been too much, and he gradually sank 90 HISTORY OF PAWNBROKING CHAP. aud died, to be followed in a few months by his mourning wife. When these internecine and all-absorbing matters had been disposed of, the Trade was startled by dis- covering on the notices of motion of the House of Commons for May 2nd, 1856, an innocent looking an- nouncement to this effect : — " 5. Mr. Wilson. — Pawn- brokers — Bill to amend the Acts relating to Pawn- brokers." On inquiry it was discovered that Mr. James Wilson was the Member for Westbury, which is now a division in the County of Wilts, and was also one of the Secretaries of the Treasury, and intended to legislate for the regulation of " leaving shops." This allayed the alarm at first created, so that no attempt at opposition was made further than an effort by the Liver])ool Committee to introduce two additional clauses. The second reading was taken on May 9th, and the Bill consisted of two clauses only — the first defining a Pawnbroker in much the same language as in the present Act, and the second inflicting penalties for carrying on business without a PaAvnbrokers* licence. Reformers believed their opportunity had come at last, and the Liverpool Committee entrusted their amendment to Mr. Horsfall, one of their Mem- bers, to be moved when the Bill was in Committee, to stand part of the Bill. These were afterwards with- drawn in the ho]ie of obtaining a Committee of Inquiry. Important deputations Avere orgai^ised to the Chancellor of the Exchequer, composed of three Manchester Mem- bers, three from Liverpool, and two from Sheffield. A small London deputation waited upon Mr. Wilson. Then followed a meeting of the London Trade, a report presented, and the following resolution adopted, " That this meeting approves of the efforts made by the Com- mittee of the Pawnbrokers' Society of London, and by the Trades Committee of Liverpool and Manchester, to induce the Grovernment to consent to a Committee of X7 A FORLORN HOPE 91 Inquiry into the laws relating to Pawnbrokers, in the next Session of Parliament." A London Committee of fifteen Members was elected, and a substantial amount in subscriptions promised. The week following a meeting was held at Leeds, and resolutions jmssed ex- pressive of satisfaction and concurrence with the steps taken by the Liverpool deputations, two members of which were then present, to give the fullest expla- nations. There followed, in another few days, a similar meeting with a like result, held at Preston, and again the ubiquitous two from Liverpool — Messrs. Batten and Fairhurst — were present. Nothing, however, was effected in the Bill l^efore Parliament, and the " Dolly Shop Act" received the Royal assent on Friday, June 13th. On the 17th of that month, an important meeting was held at Manchester, which was attended by dele- gates from Leeds, Sheffield, Halifax, Wakefield, Huddersfield, Nottingham, Birmingham, Preston, Blackburn, Wigan, Bury, Ashton, Staleybridge, Stock- port, and Rochdale. Mr. Batten attended from Liverpool, but there was no delegation present. Mr. Slater, President of the local Association, occupied the chair. The meeting became, as it were, by general consent a conference, and long and animated discussions ensued as to the desirability of " Free-trade " in profits, or the " fixity of profits by law." Both principles had their adherents, and a jn-otracted meeting terminated without any resolution being passed in favour of •either side. In the same week a meeting was held at Birming- ham and resolutions of approval of amendment were passed. Other meetings were held in quick succession in various towns. Willing helpers seemed to fly from place to place, and succeeded in rous- ing something like enthusiasm in the cause. The London Parliamentary Committee up to this time 92 HISTORY OF PAWNBROKING CHAP.. continued to work, and in August announced that they had received £1,100 in subscriptions. In November a special meeting was held in Liverpool, when it was decided, as no Committee of Inquiry seemed likely to be instituted, to endeavour to obtain an amendment of the Act, and a call of 20s. per member was made towards a Parliamentary fund. But in all these movements, and meetings and resolutions, we look in vain for united action. There existed a vague desire to amend the Act, but no standard had yet been raised under which all reformers could rally; conse- quently the absence of a common cause, of adhesion, of confidence, seemed to threaten, once more, the failure to obtain any degree of success. In November, the London Pawnbrokers suddenly changed front. Erratic and vacillating as it had proved itself before, the Com- mittee now announced by resolution that it appeared to them, from personal communication with the mem- bers, that the opinions of a large majority of the London Trade were not in favour of an application to Parliament for a new Act ; therefore the Committee were not prepared to sanction any proceeding for such purpose ; neither did they think it their duty to press for an Inquiry before a Select Committee. In the event of any other persons promoting either or both of such measures, they would reserve to themselves the right to take such steps in relation thereto as circumstances might render necessary. It was only in the month of May previous, that resolutions were passed approving of a Committee of Inquiry, and they possessed funds in hand ostensibly subscribed for that purpose. The Liverpool Coinmittee replied in a somewhat warlike spirit ; and in retaliation declared that it was agreed to take immediate steps to arrange a meeting of the Provincial Trade for the purpose of forwarding the appointment of a Select Committee to inquire into the whole system of Pawnbroking. Thus they threw down XV A FOKLORN HOPE 93 the gavmtlet, but London allowed it to lay unliocded. Then Manchester passed a resolution that they deemed it inadvisable at that time to take any further steps to promote a Parliamentary Inquiry. Sheffield and Preston speedily followed this secession, leaving only Leeds, Liverpool and Nottingham staunch and true. Re- formers staggered beneath the blow, and for the remaining portion of the year 1857 they remained utterly prostrated. Tlius was the lack of organisation and unity Ijrought strikingly before the Trade, by the utter collapse of a movement which, but a few short months before, pro- mised such satisfactory if not brilliant results. Every Association appeared to be an inde|)eiident army corps, commanded by its own officers ; but there was no mobilization, no headquarters,, no General, and no staff. There existed the compound parts of a complex body, but an entire absence of organization. CHAPTER XVI " SOMETHING ATTEMPTED — SOMETHING DONE " When peace and security once more prevailed^ attention was again directed to the subject of Reform. The several former attempts, however futile, could not but leave impressions in the minds of the courageous, that amendment of the derided old Act was a possibility. So, in March, 1858, another elfort was made, and this time Nottingham led the van. This heroic little band of Pawnbrokers issued an invitation to the whole United Kingdom to send delegates to a meeting to be held in that town, and the response was a remarkable one. That veteran Reformer, Nathaniel Dickinson — " true till death " — was called upon to preside, and he was supported by Brooking (Exeter), Eaton (Sheffield), Holly (Derby), Batten, Fairhurst, and Deverill (Liverpool), Pickard (Halifax), Walker (Macclesfield), Ferguson (Edinburgh), Wild (Oldham), Pawson (Grantham), Hayhurst and Kellt (Preston), Jackson (Hull), Carryer and J. Y. Oarryer (Staifordshire), Richardson and Cairns (Manchester), Thompson (Leicester), Middleton and Barker (Leeds), Travel, Pidcock, Fletcher, Palethorpe, Freeston, Tansley, Woodhouse, and T. Wood (Secretary), all of Not- tingham. CHAP. XVI SOMETHING ATTEMPTED 95 A bold and spirited manifesto, containing the major points calling for consideration, was read by the Secretary. It stated that the first subject to be settled and agreed upon was the objection to the imperatively fixed charge for interest, no matter how bulky the articles, or what additional care might be required. This diverted, it was contended, a large portion of the business into the hands of illicit traders, who charge exorbitant rates. The next objection to the Act was that it contained penal clauses for any deviation from the provisions of the Act, while, in many cases, these deviations were no offences at all, and only merited a mild punishment. There were other sections utterly indefensible, only tending to embarrass the Pawn- broker. There were still other sections which, all admitted, reqiiired amendment ; but, unfortunately, they, as a Trade, could not agree as to what the amendments should be. The course, then, which the Nottingham Association recommended was to agitate for the appointment of a Committee of Inquiry, rather than to begin a campaign with a sketch of a New Act. It was thought — the document pro- ceeded to say — that if they succeeded in obtaining the appointment of a Parliamentary Committee, the Trade would be prepared with witnesses and other proofs to substantiate their statements. The address concluded by expressing a hope that the meeting would, by its decision, set at rest the important question which had l)een agitating the Trade, more or less, for nearly twenty years. After the administra- tion of this sensible and honest advice, the meeting indulged in a long discussion as to whether or not the document should be " received," or " adopted," and it was ultimately resolved that it be " received." Then came a business-like resolution, which was carried ne7n. con., " That it is desirable to take the ■96 HISTORY OF PAWNBROKING CHAP. preliminary steps for an enquiry into the working of the present Pawnbrokers' Acts." Another resolu- tion was passed to the effect that the meeting resolve itself into an Association for the promotion of an amendment to the Act relative to Pawn- broking. This hardly seems consistent with a Com- mittee of Inquiry, unless the intention Avas to await the result, or that attem])ted amendment would bring about the enquiry. However this may be, the meeting agreed to paj a call of ten shillings each person to furnish the sinews of war, and concluded by electing the following Executive Committee : — Mr. Pickard, Mr. Middleton, Mr. Eaton, Mr. Dicken- son, and Mr. Hayhurst. Mr. Fairhurst was elected President ; Mr. Cairns, Vice ; Mr. Eichardson, Treasurer, and Mr. Batten, Secretary. Thus, once more, the banner of reform being unfurled, waived on high, and the campaign commenced under the brightest auspices. Immediately after the opening meeting another was held in Manchester, under the Presidency of Mr. Clegg, when resolutions were passed : — 1st. That this meeting forms itself into a Society to be called " The Manchester Pawnbrokers' Auxilliary Reform Association." 2nd. That the object of the Association be to obtain an amended Act of Parlia- ment, ord. That a President, Vice-President, Secretary, and Treasurer, and ten other gentlemen be appointed a Committee, and that such Committee be elected annually. 4. That the officers of the National Reform Association, who reside in the district, 1)e Meml)ers of the Committee e»-o^cio. ■5. That the Committee shall have power to make bye-laws, such bye-laws to be sul)ject to the super- vision and a]5]iroval of the next General Meeting, 6. That any Pawnbroker in any of the adjacent towns may become a Member of the Association on « XVI "something attkmitkd" 97 complying with its rules. 8. That each Member ehall ]iay a call of 10s., to form a fund for the promotion of the objects of the Society. These rules or resolutions were eminently pi'actic- able, indicating determination, and a sincerity in the ■ cause which was most admirahle. The march onward was not, however, to be achieved without encountering obstructions and hostility. The London Committee, observing the activity prevailing in the Reformer's camp, emerged from its seclusion, and reviewed its forces. To show they were not unjirepared, the Trea- surer reported that they had £1,185 9s. 3d. in the 3 per cents, reduced. It will be remembered that this money was subscribed to promote Pawnbroking reform, when it was ingeniously, if suddenly, dis- covered that nobody in the Metropolitan district desired any change, so the money appears to have been invested for purposes of attack or defence, as circumstances might require. A curious stroke o£ policy was now adopted. A meeting of the executive Committee had been fixed to be held on the 13th April, at Manchester. The London Committee decided to penetrate the outposts, and as it were under a flag of truce, enter the camp itself. So it was resolved that Mr. Eichard Attenborough (Chairman), Mr. Neate (Treasurer), Mr. Kelday, of " Defender " fame, (Hon. Sec), together with Messrs. Ashford, Lawley, and Warre, should be appointed as a deputation to attend the meeting at Manchester. Whether they went under sealed orders, or what the object to be .attained might be, did not transpire. The matter was made clearer when the meeting assembled, as the Chairman announced, the London dejmtatiou had been invited " rather out of rule," in the hope that it would secure the co-operation of the whole Trade. It was evident every effort was being made to conciliate London, for the letter of invitation froaj. G 98 HISTORY OP PAWNBROKING CHAP. the Secretary, stated that the meeting would be glad as far as possible, to meet the wish of the deputies, and to consider any suggestions which might be made upon the general question of Parliamentary reform. The Chairman of the Executive informed the meeting that it was most desirable that the whole Trade should work harmoniously together; indeed, he said they were prepared to go any length to secure- unanimity, short of sacrificing the principles upon which the Association was based. But there was no response to this humiliaLion on the part of London. The proceedings betrayed an unreality and lack of reciprocity of sentiment, but indicated distrust rather than sincerity. Each party stood, as it were, posed like the " masters of fence," toying with the foils. The candour of the Chairman of the Executive, was met by the London leader, who coldly announced that he understood they had been invited to hear the principles adopted by the new Association, and it would he out of place for them to take part in the details. The deputation had come to hear the opinions of the Executive, not to express any. In the end a resolution was huddled through pledging the meeting to go to Parliament for "non-fixity of rate," which we assume meant free trade in profits. On their return to London, the deputation reported that it was ])lainly and clearly stated at Manchester, that the London Trade would not willingly be parties to any parliamentary proceedings, preferring not to interfere at all with the present arrangements ; but should they be comjielled to take part in any such pro- ceedings, it would only be in consequence of the pro- ceedings of other parties. So conciliation was a failure, and for another period reform had all the appearance of being scotched. Fitfullj', only, during the succeeding four months, the existence of the Executive was made apparent to those XVI "SOMETHING ATTEMPTED 99' outside its own body. Then in Se])teml)cr a General meeting was convened at Birmingluun. Here, several Members of the London deputation attended, still uusAvervinglj' adhering to their obstructive tactics. That familiar, and by this time well worn, resolution was submitted " That it is desirable to proceed in the endeavour to oljtain an amendment of the Pawn- brokers' Act, by means of a Committee of Inquiry before the House of Commons." A protracted and tedious discussion ensued on a matter of novel policy which appeared to liave been sjirung unexpectedly upon the meeting, for the rece])tion of votes Ijy i)roxy. Many were strongly against this course, but it was finally decided by 31 votes to 7, that such votes should be received. London abstained from voting altogether. Then came a long wrangling disputation on the resolution itself, which was ultimately carried by a curious and eminently unsatisfactory means. Those present at the meeting being in favour of the resolu- tion numbered 24, and the ])roxies 272 ; total in favour 296. The votes against were, members ])resent 27 ; proxies, 218 ; total 245 ; and the resolution was then declared carried. Fi'om this period, Sejiteniber, 1858, to May, 1859, no evidences of the existence of any Association were visible. It was about the latter date that it was an- nounced a meeting would Ije held, and was designated as the First Annual Meeting of " The Trade Association for the Promotion of Pawnbroking Reform." It was held at the Moseley Arms Hotel, Manchester, and Mr. Fairhurst ]iresided. A rejiort was brought U]), stating that the Association consisted of 386 meml)ers, and although no votes had been taken at the jn-evious meeting at Birmingham on the fjuestions of Free-trade, or Fixed-rate, a scrutiny of the proxies disclosed the fact that 143 were in favour of a fixed rate, and 9^ against it. The report further disclosed the imjiortant G 2 100 HISTORY OF PAWNBEOKING CHAP. announcement that tlie influential toivns opposed to any movement whatever, now consisted of London, Bir- mingham, Bristol, Preston, Hull, Sheffield, and Leeds. No reason was publicly announced for these wholesale secessions, but it is not unreasonable to conclude that it was mainly owing to the fact that no matter how often the resolution was passed to proceed for a Com.- mittee of Inquiry, the Executive never appeared to act thereon. The waning fortunes of the Association, were also indicated by the significant financial state- ment that the Ijalance of funds in hand only amounted to £38 17s. 6d. By no means encouraging were the facts that neither the Chairman or Secretary desired to be re-elected to their resjiective positions. Mr. Edward Heys, of Man- chester, here came to the front and, in impressive language, put it before the meeting, that it would be more to the purpose if they discussed the general ■question first, and if the result proved that they were prepared to go on with the work of Eeform vigorously, it might produce such a change that both gentlemen who desired to resign would once more accept oiE.ce. This veteran Reformer, who in after years it was the writer's privilege to know, and pleasure to work with as a colleague, was truly a " man of unadorned elo- quence." With a somewhat brusque and country manner, he possessed a faculty of logical argument and thoroughly Saxon diction, to which was wedded a calm, cool style of delivery which no interruption could disturl), so that his utterances were most convincing. At this meeting he urged the Association to persevere, and if £1,000 were necessary, let 100 Members of the Trade contribute £10 each, which might easily be done. He confessed he was not a rich man, but he was pre- pared to give his £10. It was their own apathy and neglect which had caused them to miss so many opportunities of improving their position. XVI "(SOMETHING ATTEMPTED 101 After l)eino: put into straight line by these vigorous utterances, the evergreen resohition was adopted : "That it is the opinion of this meeting that an imme- diate ap])lication for a Select Committee of Inquiry, is necessary." Then the retiring Chairman and Secretary — as Mr. Heys predicted — were re-elected, with Messrs. Clegg, Cairns, Heys, Whitehead, Drom- goole, Middleton, and Pickard, as an Executive Com- mittee. Some £230 was subscribed in the room, many of those present acting on Mr. Heys' suggestion and subscribing £10 each. So, it might be supposed, commenced once more Tinder the most favourable auspices a new era of re- form. But in less than a month's time trouble was once more abroad. A gang of informers had des- cended upon Staffordshire toAvns, and were laying informations in all directions, for illegal charges foi* wrappers, hanging up, and other matters. So the Pawnbrokers, led by Messrs. Hannay and Kendrick, moved for the application of the Four Clauses to all the country. Those in ignorance of what was taking place were startled by the following unexpected announcement in the Parliamentary papers, " Notice of Motion for Tuesday, 21' June.— 12. Mr. Henry B, Sheridan, — Pawnbrokers, — Committee on Act passed in the thirty -ninth and fortieth years of the reign of King Gfeorge the Third, intituled ' An Act for better regulating the business of Pawnbrokers.' " Great excitement, alarm and suspense was created by this announcement. Throughout the whole Trade it was regarded as a certainty that the motion meant nothing less than a hostile attack. Promptly the Chairman and Secretary of the Executive, accompanied by two members of the Dudley Trade, who were well- known constituents of the hon. gentleman, waited upon Mr. Sheridan, at his residence at Fulham. They were soon relieved in their anxieties by ascertaining that Mr. 102 HISTORY OP PAWXBROKIXG CHAP. XVI Sheridan's intentions were fonnd to be nothing more threatening than a desire to extend the "Four Clauses" from the Metropolitan Police Act to the Provinces.* The Bill was intituled, " The Mitigation of Penalties Act." After suggested modifications, the Bill was made ap])licahle to the puhlic at large. Deputations were oi'ganised to Meml^ers of Parlia- ment innumerable. Members of the Executive were ubiquitous, some of them always accompanying country constituents to see their own members. Even the Lond(jn Parliamentary Committee was once more exhumed, and actually came to the conclusion to ap])oint a Parliamentary Agent as the most effectual mode of promoting the passing of the Bill. The Bill was read a second time on Monday, July 18th, passed through Committee ; was reported Ijy Frida}-, and read the third time, Monday, July 25th. The ])rogress throiigh the House of Lords was equally rapid, being In-ought from the Commons, Tuesday 26th, passed through all its stages, and received the Royal Assent by commission on August 8th. So although a good deal had l)een attemjjted, in another direction, there was attained some good for the Country Trade — Init Pawnbroking reform re- mained much in its old ])Osition. * Ante, cli- 121 distress, it was urged, was severe and widespread ; the poor were suffering horril>le ])rivations, and money was lower than it had ever l>een in tlie memory of living man. Thus, we had the antithises of the rosy expectations, just expressed, placed before us. Bvit the sti'ongest and most tenable reason for delay which was advanced, was the fact that an announce- ment had been made, by some one in authority, that a Eeport on Irish Pawnbroking was on the eve of being presented to Government by Dr. Neilson Hancock. This inquiry had been some time in pro- gress, and the Report was looked forward to with lively anticipation, not unmixed with anxiety, as it was believed to be probable that it would map out, to a fair extent, the way that Pawnbroking Reform should or would be ol^tained. Even hitherto clamourous Reformers shared this view, and thought the Report would encourage progress, or condemn interference with the existing law other than in the direction of state Pawnbroking. This was the uncertain condition of things when a counter manifesto to the one issued from Nottingham, emanating from the London Protection Society, was published. Like its predecessor, it was addressed to the Pawnbrokers of Great Britain, but recommended delay. After dwelling on the de])ression of trade and the wretched poverty to which the poor were reduced, the address continued : — " With regard, however, to the third reason, we' think it will be most imprudent to apply to Parlia- ment before the Irish Commissioners" report is published. Will that report be of so favourable a character that an equitable and beneficial Bill is likely to be founded upon it P Will its character l)e so unfavour- able as to threaten results disastrous to the Trade ? " Are the present exigencies of the Trade so great,, or so sudden, that it is all at once necessary to bid 122 HISTORY OF PAWXRROKING CHAP. farewell to prudence, and petition for a Parliamentary investigation regardless of consequences ? "We think not. * * * AVhen the proper time comes it is to l^e hoped that the Trade will then be prompt, energetic, and united as one inan ; but we do not believe that now is the ])roper time ; and, therefore, our advice to you is, do nothing rashly, and remember that one false step, or unwise move, may cause years of anxiety, annoyance, and loss to every Member o£ the Trade and their successors." The signatoi'ies to this address were Mr. J. A. Russell (Chairman), Mr. John Dicker (Treasurer), and Mr. George Attenborough, Hon. Sec. of the Metropolitan Protection Society. The bias of opinion throughout the country also favoured delay, despite the courageous defences of their opinions made Ijy Mr. Wood and Mr. Fletcher, that the time was then, and a blow should at once be struck. They availed little as against the set opinion of the Country Associations, who were constantly passing resolutions in favour of delay. On February 11th the Nottingham friends wisely accepted the general veto, and decided to postpone the meeting. The Association passed a resolution regretting that several important and influential Associations did not see the necessity "of now making any preliminary jjreijarations for an application to Parliament," and so wisely announced that they did, in deference to the expressed wish of a large majority, agree to postpone further action on their part until the reception of Dr. Hancock's Irish report. In doing so they trusted that they might confidently rely upon the fulfillment of the promises previously made that the Associations would then ]5roceed to the adoption of some measure most likely to procure a substantial improvement of the Act of 1800. By this cordial and ready acquiescence with the wishes of the majoi-itj-, the amity of the Trade was XIX ON THE THRESHOT/D 123 preserved ; but patience was on its trial tlirongli an anxious but not protracted interregnum. At length, on March 16th, relief came with the •eagerly anticipated report. It was a somewhat lengthy document, directly pointing to the road on which re- formers desired to march. The Summary of "Recom- mendations" will be of the greatest interest as they relate to English Pawnbroking, and deserve a place in this brief history ; but as none of those relating to Irish Pawnljroking have yet worked any reform in that country, we therefoi-e, for economy of s])ace, omit them. The principle recommendations were as follows : — " 1. That the aljolition of the Usury Laws be made ■complete by being extended to contracts under the laws relating to Pawnbrokers, and that the exception of such contracts contained in the 4tli section of the Statute 17 and 18 Victoria, c. 90, be repealed.* " 2. That the provisions of the existing law as to charges allowed on pawns be considered as regulating only the implied contract between the parties, in all cases in which there is no express contract. " 4. If the statutory restrictions as to the hours of carrying on the business of Pawnbroking be not entirely aholislied, the Trade in Ireland should be subject to no further restriction than it is in Great Britain, and I recommend that the provisions of Statute 9 and 10 Vict., c. 98, should be extended to Ireland. "16. That the periods for which the Pawnbi-okers are required to keep pledges previous to sale are, for a large class of pawns, too long ; and that they are fixed on a wrong principle, and should be repealed as compulsory regulations. " 17. That a period of three months for loans under 40s., and six months for all loans above 40s., should * See Chap. IX., " Usury." 124 HISTORY OF PAW^fBROKING CHAP, be fixed as the implied period for which pledges are to be kept in all cases where no other term was fixed by express contract. I recommend, however, that in cases of loans on plate, jewellery, and watches, the implied period should be extended to nine months. " 19. That the provisions of the English statute (39 and 40 Geo. III., c. 99, s. 17), as to advertisements, be extended to Ireland, the absolute forfeiture being limited to pawns on which a sum of 4s. only has been lent. " Wm. Neilson Hancock." Besides these encouraging recommendations, there were opinions expressed in the body of the Report which formed the bases of arguments to be used by the Trade in the future, as proving the pressing necessity for amendment of the Pawnbroking laws. He said, " I recommend that the attempt to restrict charges on the poor be abandoned." This was, of course, ultra Free Trade. Again he said, "The English scale of interest is too low." Such observations naturally concentrated into one focus the straggling and some- what incongruous ideas which had previously existed on the subject of reform. Nottingham, now in the greatest confidence, convened the National Assembly for April 23rd. In preparation for this important gathering, many large and in- fluential towns held meetings and passed resolutions with which the delegates were to be armed. About a fortnight prior to the date then fixed, London held a General Meeting of the whole Metropolitan Trade, and a vast change in the attitude of that body towards their Provincial brethren, was plainly visible. Reform ideas had gained ground, and men of settled principles and indomitable energy were now leaders. Expediency had given place to sincerity and determination. No less a ])erson than the late Mr. Wm. Nathan proposed, " That this meeting agree to co-operate with the Pro- XIX ON THE THRESHOLD 125 vincial Trade in their intended ii])jilieati()n to Piirlia- ment for a New Act," and what woiild have been a strange phenomenon, only a few years before, the resolution was passed in a large meeting, by three or four dissentients only. Free Trade, hoAvever, was less fortunate. Mr. John Dicker boldly ])roi)osed that the proceedings for a New Act should be on a free-trade basis, and this was ably supported by the late Mr. Geo. Attenborough. The dose was too strong for the patient, and it was rejected by a large majority. A Committee of 12 Members was then elected to confer with the Provinces. Manchester decided to send rejiresentatives to the Nottingham meeting, but, after considering and dis- cussing the Irish Commissioners' Report, resolved that the mode of ])rocedure to obtain an amended Act should Ije Ijy Bill in jn'eference to a Committee of In- quiry. They were still, however, staunch to the principle of Free Trade as to profits, and that the term of for- feiture be not less than six months for all jdedges not being plate, watches, and jewellery. Liverpool a(lo])ted a similar programme, with the exce])tion that they were in favour of a fixed rate to regulate the implied contract, on all pledges under 40s., such rate not to be less than one half})enny for every 2s., or any jKirt of 2s., per month, for money lent. All sums above 40s., and not exceeding £10, to be entirely free both as to period of forfeiture and rates of ])rofit. Thus ]n-e]5ared, old reformers were "eager for the fray." After struggling for the unattainal)le for so many years, until "hope deferred" had lirought despair to many, they seemed to stand on tlie Threshold at last, and longed impatiently for tlie portals to be •thrown o])en. CHAPTER XX THE OPEXIXG OF THE GREAT CAMPAIGN The morning of April 2yrd, 1868, dawned bright and fair, and despite the fact that animated discus- sions had been heard far into the previous night, the Pawnbrokers were early astir in the streets of Nottingham, and might be seen in groups, in the vast Market-place and other notaljle localities, enjoy- ing change of scene, while they emphasised their arguments by forcil)ly bringing down some printed document with a convijicing thud on the palm of the left hand, or some equally demonstrative action. The Meeting was called for eleven o'clock in the forenoon, in the large billiard room of the Lion Hotel, Clumber-street, and shortly before that time the attendants began to troop in. At eleven prompt a record was taken, and the following gentlemen were found to be present. London: Messrs. Geo. Atten- borough, J. A. Telfer, John Dicker, E. Bullworthy,. W. A^. H. Hows, Gush, Cook, and J. Walter. Man- Chester: Messrs. Grantham, Heys, Porter, Newton, and Fletcher. Liverpool : Messrs. Pickup, Beesley, H. E. Kidson, J. Jones, and Hardaker. Sheffield : Messrs. Eaton, Simiuons, Jeffrey, Wright, and Gratton. Nottingham : Messrs. Dickinson, Robinson, Wagstalf, Wood, Samuels, Palethorpe, Tansley, . THE OI'KMXii OF THK (;|;I':AT CAMI'.MiiX 127 Priestman, Gell, Fletcher, and Ciai-kc. B(jlt()n : Messrs. Rosccnv ami J. Yickcrs. Walsall : Messrs. W. H. Mold and T. Mol.l. Coventry : Mr. W. H. Marston. Derby : Messrs. Holly and Butters. Wake- field : Mr. Armstrono:. Birmingham : Messrs. Buckler and Dukes. G-lasgow : Mr. A. McKay. EdinburoJi .- Mr. Ormond Garland. Bradford: ]\Tr. .J. L. Morley. Ilkeston: Mr. Moss. Exeter and Bristol: Mr. J. R. Brooking. Hanley : Mr. Cooke. Greenock : ]\Iessrs. McGuckin and Mr. McKelly. WolvcrJiamiJton : Mr. Duncan Smitli. Wednesluiry: ]\ressrs. Kilvert and Jones. Salford: Mr. Whitehead. Macclestield : Mr. Walker. The preliminary business consisted of the unani- mous election of Mr. N. Dickinson as the president of the meeting, and Messrs. Alfred Fletcher and Alfred Hardaker as joint hon. secretaries. After the advertisement convening the meeting had been read, the Chairman briefly annomiced that the first ques- tion they had to decide \v:is Avhether the Trade should take Parliamentary action or not. He had no resolution prepared on the subject, as it had been thought best that it sliould emanate s])ontane- ously from the meeting. Mr. Fletcher (Nottingham), then witliout many words of preface, ]n'0})osed the following resolution : "That this meeting recognising the necessity for a comprehensive auTendment of the Act 'S9 and 40, Geo. III., c. 9f*, relating to Pawnlirokers. ])ledges itself now to consider and ado])t the best means for com- mencing and carrying on, an application to Parlia- ment to effect the same." This resolution was seconded by Mr. W. H. Rol)inson, who assumed, he said, that no one would have acce])ted an invitation to be present that day who was not favourable to a movement for a new Act. His assumption seemed to be rapidly endorsed as truth, for the resolution was 128 HISTORY OP PAWNBROKING CHAP. at once adopted without further discussion, or a dis- Bentient vote being recorded. A point was then raised as to the method of voting; it being con- tended l:)y some persons present, that towns and localities were unequally represented, in many cases there was heavy voting power, while in others gentle- men had attended as individual Pawnbrokers, but in no sense as delegates from Associations, and having no instructions whatever. It was ultimately decided that no satisfactory system could, under the circumstances, be established, therefore the fairest and most equitable method would be for the personal votes of those present only to be taken. This course was eventually agreed to. Mr. Geo. Attenborough then, in a brief speech, proposed, "That it is desirable that such application shall be made by Bill." This was seconded without comment, by Mr. Edward Heys, supported by two other speakers in as few words as possible, and immediately adopted. Up to this point it a])i)eared as if such perfect unanimity prevailed throughout the meeting that the entire 2:)roceedings would be concluded by the time the first hour had elapsed. But this apparent peace- ful calm was as delusive as a placid smooth stream glides on before it dashes wildly over the rocks and becomes a cataract. Mr. Heys, in his com- posed, self-contained manner, rose and proposed, "That application l)e made to Parliament for Free Trade in jwofits.'' This, to many ])ersons, seemed an unfair proposal, as they had been sent to the meeting as delegates, tied down to limited and defined propositions, and yet they could only give personal votes ; while others who were present "unattached," were free to express their opinions and, as in some cases it occurred, acknowledge their ■ conversion to the tenets advocated by the apostles XX TIIK OPKNIXr; OF THE GREAT CA!\lI'AI(;x 129 o£ Free Trade. However, nothing dismayed by any considerations, other than testing the opinion of the meeting on the suljject, Mr. Heys proceeded with his arguments in favour of the proposition. One chief reason he urged in favour of Free Trade was that it would ])hice Pawnl)roking uj^on the same basis as every other trade. Tliere existed no other the profits of which were fixed by Act of Parliament, and if all other trades were free to follow the natural laws of Commerce, why should the Pawnbrokers be pre- vented from doing so too ? As for protecting the working classes, he contended that they were well qualified to protect themselves. Nothing could l)e more simple than a Pawnljroker's dealings. He dealt in sovereigns, and every one who went to him knew perfectly well the value of what he was receiving, and precisely the measure of profit Avhicli was to be paid, which was not the case in anj- other retail trade whatever. If they went in for Free Trade they would place the matter fairlj- before the House of Commons, which was fully alive to its value and advantages, and would, no doubt, be prepared to carry it into Pawnbroking, just as it had already done into every other trade. Mr. John Dicker, of London, was the next speaker, and warmly su]i]jorted the proposition ; not, he was careful to explain " exactly " as a delegate from the Metropolitan Pawnbrokers, for they had rejected Free Trade. He was, however, in favour of a change and believed Free Trade was the proper basis from which to operate. He instanced the unsatisfactory manner in which the (then) jiresent Act worked. They all knew that id. per month for 2s. 6d. lent was at the rate of 20 per cent, per annum, but the}- were not limited to that, for if an article were re- deemed the day it was pledged it would really pay about 600 per cent. ; while if the loan were only 6d. I 130 HISTORY OF PAWNBROKING CHAP. the protective statute really allowed about 3,000 per cent. He argued that he ought to have the same right to use his capital as others had, and he found that many of those who had voted against him at the late meeting in London were coming round to the same doctrine. But it was urged that if they made the business too profitable they would be swamped by competition. His reply was that if his present £100 share in his business was only worth 10 per cent, why should he object to others coming in to share in a system which would raise the value of his £100 to 20 per cent ? Mr. Dicker concluded by saying that the Trade was never in a better position for going to Parliament than at that time. Dr. Hancock's report was before the public. He was a gentleman who had been appointed by the Govern- ment to inquire into the question of Pawnbroking — not in the interests of the Trade — but in those of the people, and the result had been that he had recommended the abrogation of that remnant of the Usury Laws which forbade Free Trade in Pawn- broking. The Free Trade skein at this point became some- what entangled by Mr. Hows moving, as an amend- ment, " That application be made for a fixed rate np to £ — , and provisions for enabling licensed Pawn- brokers to make special contracts for any sum under £10." The author of this short history, who had been sent to the Meeting, charged — with his col- leagues — to support such a principle, had no alter- native but to second it. Then the battle became a very animated one, as the advocates for both ques- ibions were nearly balanced. Mr. Wright, of Sheffield, said that while theoreti- cally they were in favour of Free Trade, they could not see any plan by which it could be made applicable to Pawnbroking. Mr. Cook (London), XX THE OPENING OF THE GREAT CAMPAIGN 131 vigorously opposed the resolution as being contrary to the ojnnion of the London majority. Mr. Robin- son, Mr. McKay, Mr. McGuckin, Mr. Morley, Mr. Kidson, Mr. Marston, Mr. Eaton, Mr. Gush, all opposed Free Trade pur et simple, as being inapplic- .abie to Pawnbroking. After this diversion Mr. Grantham strongly su]i- ported his colleague, Mr. Heys, -who had proposed the resolution. He urged that fixed rates could never enable them to meet all circumstances, whicli Free Trade would. He believed that l)y adopting if; the}' would not lower the status of the Trade, and he maintained that they had a right, efpuil with other trades, to fix their own terms according to the market value of that which they dealt in. He denied that tie status of the Trade had been lowered by the passing of the " Halfpenny Act," in 1860, and said at the period named they had 26-i licensed Pawnbrokers in Man- chester, while then (1868) tliere were 291, which did not represent an aluiormal number, considering the ever-increasing pojiulation. He advocated that each Pawnbroker should jjut up a scale of rates in his shop, at which he was prepared to do business, and endorse such rates on the duplicate. They had no reason to fear Free Trade, as it was sound in principle ; it was adopted in large sums, then why should it not work in small sums ? Mr. Telfer, who followed on the same side, admitted that his opinions were not Metropolitan opinions, and must not be taken as such. He thought that the Trade Avas in danger of drifting into two things, both of which were wrong. One party was advocating Free Trade, above a certain limit, with a fixed rate below that limit, for the protection of the poor ; and it was urged, against general Free Ti-ade, that it would admit a large amount of new capital into the business. This was not unlikely ; indeed, he regarded 1 2 132 HISTORY OP PAWNBEOKING CHAP. it as their chief danger. But the most dangerous proposition that could be put forward for enticing promoters of comjianies into the Trade was that of the 40s. restriction, with Free Trade above that sum. It was just in this margin that these new-comers were most to be feared, and not at all below 40s. A new fixed rate would only repeat the failure that had resulted from the "Halfpenny Act." Some small capitalists had then come into the Trade, who could not, even with its assistance, get a living without trespassing beyond legal bounds. Under improved fixed rates these would increase ; but with entire Free Trade a number of honest traders would come in, who would not be required to live upon a profit of 25 per cent, upon a capital of £500 or £1,000. There was only one other trade, besides their own, in which profits were restricted by law. Cabs were limited to 6d. a mile, and what was the consequence ? No one ever got into a cab without having to pay more than was lawful, or have a row with the cabman. But in omnibuses — where trade was free — the public could travel seven or eight miles for sixpence. So matters under Free Trade would find their level. Any kind of limitation would not make matters any better than they were. The public prints complained of them only l)ecause they were able to see their profits. If a person laid oiit his money with a linen-draper he did not know or see the profit ; but he would certainly think something if he knew what the profit really was. Now arose the " Hyperion " of the day — or, as one enthusiastic speaker described him to the meeting, " The Champion of Free Trade "—Mr. George Atten- borough. This most revered and affectionate friend, possessed a peculiar insinuating, persuasive, yet a sort of " sledge hammer " kind of eloquence, which was most effective for the time ; and there can be little XX THE OPENING OP THE GREAT CAMPAIGN 133 doubt but that he carried the majority of the meeting with him l)y his sincerity in his advocacy of the Free Trade theoiy. He answered one of the London speakers, who had said that Free Trade had Ijeen defeated by a large majority, by saying that he had sent out 430 circulars in the metropolis, and in answer thereto 91 attended the meeting, out of which 53 had voted against and 22 for Free Trade, and he did not take that as a fair expression of the opinion of the whole of London. Competition, ho contended, was the life of all trade, and Free Trade csj^ecially. If there were any man who would serve the public better or more liberally than himself, let him come and set up alongside. He did not ol^ject to competition, yet he did not desire to lower the respectability of the Trade. They already got the credit of what the dolly-slujps were doing, and could anything be worse than that ? Attention had been drawn to some severe remarks indulged in b}^ the public press, the purity of which was doubtful, and also an article in Good Words, which was falsehood all through. But was it that gave the opportunity for abuse ? No, it was the law. It had been said that law was not made for honest men, luit thieves ; and in making a law iov them (the PaAvn- brokers) they had been classed with thieves. The moment legal pi'ofit was overstepped everyone could see it, and immediately a lot of sensational articles appeared, setting forth the villainy of Pawn- brokers. The speaker then gave the familiar illustration of leaving articles at the railway station, and jsaying 2d. for each jtackage, with no money advanced. Yet the public regarded this as a great accommodation and nothing was heard of Rail- way extortions. It was the law that made the dishonest Pawnbroker. Take away that law and they would take away the power of the Press to write them down. If Free Trade 134 HISTOIiY OF PAWNBROKING CHAP, special contract, then all liis Ijusiness should be Free Trade, as he would take in everything upon special contract. But Free Trade could not exist without an Act of Parliament to provide for the large numl^er of contingencies that must occuf. Why should they not have an Act to be binding upon both parties in Pawnbroking ? The law was binding upon the contracts between railways and the public, and particularly upon the system of insurance of travellers. Here was an elaborate contract, but it was implied in a little Ijit of pasteboard, smaller in size than one of their own tickets. Why then should not the Pawnbrokers' ticket be equally binding and comprehensive? If the Trade went to Parliament for a limited scale, they would be bound to abide by it, and yet this could not be done. He must come back to Free Trade down to the smallest article. All the principles of commercial experience were in favour of it. Free Trade was good in every other trade, why not in theirs ? All the difficulties raised against it were merely myths of their own creating. If other trades could Ije trusted, why should not they ? There was one point to which he must allude before he concluded. If the result of that day's disciission tvas to split them into tivo sec- tions it would be a tnost unfortunate calamity. They must stick together. The first question members of Parliament would ask would be, " Are you united among yourselves ? If not, we cannot touch the subject." They ought then first to agree among themselves. Several other speakers followed Mr. Attenborough, including Mr. Brooking, Mr. Bullworthy, Mr. Vickers, &c. The meeting was by this time becoming im- patient for the division, so Mr. Heys very Ijriefly replied. The division was then taken, when it was found there were XX TIIK OPKXI\(i OF THE GREAT CAMPAIGN 135 For Free Trade in profits 31 Against ... ... ... ... ... 25 Majority in favour of Free Trade 6 The remaining business was speedily dis])osed of. A resolution was passed without dissent, "That in the opinion of this meeting the term of forfeiture should not be less than six months, but Ijcj'ond that time there should he freedom of contract for any term they pleased." The Meeting, after very dis- cursive conversation, elected the following Executive Committee : Messrs. Geo. Attenboi^ough, John Dicker and J. A. Telfer (London) ; Messrs. G-rantham and Heys (Manchester), Hardaker and Kidson (Liver- pool), Buckler (Birmingham), Brooking (Exeter), Cooke (Hanle}'), Vickers (Bolton), and Wright (Sheffield). A very heai'ty vote of thanks was given by acclamation to the Chairman for the imyiartial manner in which he had presided. The Meeting then dissolved after its deliberations had extended over six hours. Thus the good ship " Eeform," was safely launched at last. CHAPTER XXI DISAPPROVAL. AN I5IPEDIME\T. COilPEOMISE AND A FULL PROGRAMME The newly-elected Executive Committee met for the first time the morning immediately succeeding the general gathering. Their first and most im- portant duty consisted of the appointment o£ officers, which was speedily effected, as there ap- peared no difficulty in the selection, nor much differ- ence in ojiinion. Mr. George Attenborough was of course elected Chairman, he being the hero of the previous day's meeting. Mr. N. Dickenson was appointed Treasurer; Mr. Ed. Heys, Vice-chairman, and ]\Ir. Alfred Hardaker, Honorary Secretary. Some time after, when the work had become very extensive and onerous, Mr. H. E. Kidson was ap- pointed Financial Secretary, and the labour con- nected with the guarantees and subscri]itions justified the Executive in creating such a new department. As a proof of the earnestness and determination of the new Committee, it is only necessary to state that after comjileting the appointments we have just named, the consideration of the old Act was taken in hand and the desirable amendments freely dis- cussed. Before the members departed for their various homes on that chi}', they had come to CHAP. XXI DISAPPROVAL 137 a decision to repeal entii'ely 13 sections of the Act of 1800 ; 13 other sections were to be redrawn with extensive modifications, and the remaining sections were to stand without alteration. Not content with this rate of progress, the Meeting closed with a resolution "That the Hon. Sec. should to the best of his ability, draw up an experimental Bill, embodying the projected changes, and place it before the Executive at their next Meeting." But this was not to be. The ardour of the new reformers had shut out from their ken the exis- tence of the Trade at large. They had adopted the philosophy of the ostrich, and antici]3ated no danger. It soon became manifest, however, that the good ship "Eeform" was to encounter squalls and con- trary currents from the very commencement of its voyage. The snap division Avith its majority of six in favour of Free Trade down to the indispensable flat iron, did not receive general support and approval from outside. Liverpool was the first to rebel, and at a Meeting held seven days after the Nottingham gathering, ]iassed a resolution of protest. This protest was to be sent to the Executive Committee asking them to reconsider that portion of their programme relating to Free Trade in profits, and to solicit proxy votes from the whole of Great Britain upon the subject. It was also further resolved that tlie Liverpool Association take no further proceedings for or ao-ainst the movement. The non-Free Traders from London, published an address to the Avhole Trade, asking if the majority of six, was to be the means of bringing disaster upon upwards of 3,000 Pawn- brokers in Great Britain? At a meeting of the Committee of the Metroiiolitan Protection Society, held early in May, Mr. J. M. Walter brought up an elaborate resolution which was little less than an 13.S HISTOKT OP PAWXBEOKING CHAP, indictment of treason for having violated their allegiance to the body who sent them, against those members who had voted for Free Trade at Notting- ham. They regretted, said the resolution, that the members of the Parliamentary Committee who attended at Nottingham had voted for an alteration of the Act, had done so on i:)rinciples opposed to the opinion of the Meeting at which they were ap- pointed. Mr. Telfer moved an amendment that the debate be adjourned, so that they might fight the battle, as it ovight to be foiaght, elsewhere. The present meeting had practically nothing to do with the matter. The amendment was defeated by the casting vote of the Chairman. The discussion then continued in a most accrimonious tone, and when the question was about to be put all the Free Trade members left the room, therefore the incriminatory resolution was declared to be carried unanimously. A few days later a crisis was precipitated by the resignation of the Secretary of the Eeform Associa- tion. He felt he was in an anomalous position, as there could be no hope of carrying out a Free Trade programme in the face of the attitude assumed by the Liverpool Association. Nor was that all. Mr. Gratton, the Hon. Secretary of the Sheffield As- sociation, wrote to say that a fixed rate would have their unanimoiis support, whereas, if the resolution for entire Free Trade was persisted in by the Executive, he was inclined to think that Sheffield and an extensive neighbourhood around would put in an appearance in opposition. Here an impediment to progress was presented, but having a strong desire to disarm svich opposition it was considered that the Executive should be called together at once and discuss the position. The Meeting was held at Birmingham on the 13th May. It was admitted by the most ardent Free XXI DISAPPROVAL 139- Traders that the situation was a critical one, and that the Nottingham programme would not satisfy a large portion of the Trade throughout the country unless a revised fixed rate should constitute an integral portion of the draft Bill. After earnest discussion it was decided that a simjdified fixed rate should become a portion of the programme in connection with the movement. After this decision the Secretary's resignation was withdrawn, and amity and unity were established. The following evening a General Meeting was held in Liverpool, when it was decided that the Trade there would now co-o])erate with the Executive and was prepared to give individual guarantees to meet the expenses of an application to Parliament for an amendment of the Pawnbrokers' Act. This action was speedily followed by other towns, and the anticij^jated crisis was averted. On the 23rd May, exactly one month after the inaugural Meeting, the manifesto of the Reform Association was issued. It was a somewhat formid- able document and was signed by the Chairman, Treasurer, and Hon. Secretary. We Mkve space too liinited at our disposal for its reproduction, but we may briefly summarize its contents. As a matter of course, it was addressed " To the Pawnbrokers of Great Britain," and referred briefly to the many unsuccessful attempts previously made to obtain an amendment of the Pawnbrokers' Act. The movement which originated in 1858, and resulted in what was known as the " Halfpenny Act," was the only one which had resulted in any gain, but that was described as only a modicum of amelioration, and totally inadequate to remove the disaljilities under which they laboured. It was felt that the time had at last arrived (this had frequently been said and believed before) when a more extensive and satis- 140 HISTORY OF PAWNBKOKING CHAP. factory measui'e should be ap^Dliecl for. The Usury- Laws had beeu rejjealed to the benefit of every person in the Kingdom, save tlie PaAvnbrokers. After referring to tlie Royal Commission -which had been issued to Dr. Hancock, and his satisfactory report after t-^vo years' investigation of the subject, the programme and policy of the new Reform Associa- tion was boldly aiuiounced as follo-ws : — " The great and undeviating leading principle -which actuates the promoters of the present movement, is to obtain the repeal of this clause,* -which -would emancipate the Pa-fV'nbrokers from the operation of the anomalous portion of our Act, -ndiich allo-ws only 15 per cent, per annum profit on pledges over 42s., and em]30wer him to regulate his own scale of charges on all transactions according to the nature and value of the security offered; in other words, it would establish perfect Free Trade between the Pawnbrokers and the customers, as to the rate of profit to be paid for accommodation. Dr. Hancock says, 'I think it impolitic that the legislature should deal with the system of lending money to the poor on a principle different to Miat adopted in dealing with loans to the rich.' 'I recommend that the attempt to restrict charges on the poor be abandoned.' "It will require no further justification of the objects the Committee have in view, when the importance of the language quoted above, and the sources from which it emanates are considered ; at the same time, as they are not in a position to say how far the present system of express contract can be modified to meet the requirements of the Pawnbroking Trade, the Committee, after earnest and careful deliberation, have resolved to apply for a special rate which shall regulate the implied contract where it may be found * 4th clause of the Usury La-w.-- Eepeal Act. XXI DISAPPROVAr. 141 impolitic or inconvenient to transact business under the express contract. " This will tend to simplify the operations of large, low, businesses, where it might be thought incon- venient to have a special contract with every pledge received. " This portion of the subject will receive the utmost consideration, so that a rate may be adopted by the Committee and submitted to the Trade and Parlia- ment, which will be free from the embarrassing sub- divisions, fractional charges and portions of a month, which characterizes the present rate. "The hope that this concession will be obtained, is strengthened by the words of the re]iort, already quoted, that ' The English scale of interest is too low.' " The address then dilates on the desirability of shortening the term of forfeiture, and gives the reasons, now well known, why, with the rapid changes of fashion, the transient and delicate fabrics which were manufactured, the period of twelve nionths was much too long for which pledges should l)e kept. " It is hoped," continues the sanguine document, " that a clause may be inserted and acceded to, whereby the Pawnbroker may be indemnified if property comes into his possession through the gross carelessness or immoral conduct of the owner. An effort will also l>e made to amend an Act, recently passed, by which the Pawnbroker is precluded from participating in money found upon a felon, while the ]mrchaser is permitted, at the discretion of the judge, to receive such award. The Auction Clauses will be modified and modernized, and no opportunity will be lost to make tlie present Parliamentary movement a large and comprehensive one, calculateJi to materially improve the present position of the Pawnbroker." This tolerably bountiful programme was sent where- ever a Pawnbroker could be found. If one man in a 142 HISTORY OF PAWNBROKING CHAP. XXI district was known, lie was solicited and implored to furnish a list of all in the Trade in his locality. Secretaries to the Associations were, in like manner, appealed to, and so generous was the response that in a short period the address was in the hands of nearly 3,000 Pawnbrokers, and a form of guarantee was, in no case, omitted to be enclosed. CHAPTER XXII PAELIAMENTAUY BILL MAKING Little time was allowed to elapse, when harmony had become established, before the Executive Com- mittee plunged into hard and practical labour. Such preliminary work, as issuing the address, and preparing documents re(;(uired for the next meeting, was completed by the end of June, and the Executive body met at Manchester, the conference extending over the 2nd and 3rd July. The Secre- tary had, as desired, prepared draft copies of the intended amendments of the Act, in consonance with the opinions expressed at the first Meeting held at Nottingham. These were now discussed with greater deliberation and care, and the result indicated wonderful unanimity as to the direction in which the efforts to achieve reform should be devoted. It was agreed that sections 1 to 5 were to be repealed ; sections 8 to 14 were to be retained ; while sections from 15 to 19 with 21 added were all condemned to annihilation. Sections 22 to 36 were to be allowed to remain undisturbed. After these alterations had been decided u]ion, the Secretary was instructed to draft an experimental Bill, and that being completed, a Sub-Committee consisting of the Chairman and Secretary, with power to add 144 HISTORY OF PAWNBROKING CHAP. to their number, if necessary, was elected, and advised to seek, at as early an opportunity as possible, an interview with Dr. Hancock, and solicit his advice and assistance upon the svibject of the intended legislation. It was at this Meeting also that the prospects of the Reform Association appeared to be of the brightest; as within about six weeks after the circulation of the inaugural address, the guarantee fund amounted to little less than two thousand pounds, and this an- nouncement supplied cheering and convincing evidence that the battle for reform was, after many attempts, at last going to be fought in earnest. An important regulation as to future voting was also adopted. It was declared that all guarantors up to July 1st, 1868, should be entitled to vote at General Meetings ; but that in future all guarantees for any less sum than £2 should be treated as subscriptions only, and should not entitle such donors to a vote. This course was found necessary as guarantee papers had been sent in for sums as low as five shillings, which would entail trouble and labour to collect by calls of 6, 10 or 20 per cent. It was also very definitely resolved that under no conditions should proxy votes be received. For a time after this meeting, circumstances did not contribute to rapid progress. Dr. Hancock was on the continent, and could not of course be ap- proached. The Sub-Committee awaited his return anxiously and impatiently. At length on the last day of July a letter was received by the Secretary, informing him that Dr. Hancock had returned to London, and was at liberty to consult with the gentlemen appointed to wait upon him. No time was lost, as the Secretary joined the Chairman in London the next day, and they proceeded together to the office in Victoria-street, Westminster, and XXII PAKLIAMENTARY BILL MAKING 145 "were received with great civility and courtesy. They entered at once into a free and friendly conversa- tion on the subject of an alteration of the laws of Pawnbroking. The deputation had previously ex- pressed between themselves the hope that possiljly Dr. Hancock might be retained in the interests of the Trade, and his assistance secured in drafting a Bill. Their hope, however, was s])eedily dispelled Avhen he informed them that he was not at the time free to accept any private engagements, as he had been appointed Commissioner by the Government to con- duct an inquiry into Irish Railways. But while he could not accept any responsibility in connection with an application to Parliament, he was quite at liberty to consult and advise on a subject he had studied and inquired into. The wishes of the Trade were then fully explained, with the course the Executive thought it wisdom to pursue, and all the points were discussed with considerable freedom. The draft Bill was then handed to him, when he deprecated unhesitatingly and somewhat strongly the number and length of the clauses it contained. The author confessed it was the work of an amateur draftsman, and that he had had no pre- vious experience. The Doctor then good humouredly expressed his belief that a Bill to succeed in modern times, should consist of as few clauses as possible ; in fact that it should ]:)resent as small a surface of resistance compatible with the desires and necessities of the Trade. He further strongly advised that a Parliamentary Agent should be con- sulted and the Bill properly drawn before submit- ting it for adoption by the Trade. He grounded his reasons for this course, on the fact that the Bill contained certain proposals which would affect the stamp duties, the law of contracts and other points, so that the Bill should not be drawn as K 146 HISTORY OP PAWNBROKING CHAP. antagonistic to the common law. He recommended non-interference with any clause in the old Act which might appear to the mind of a Member of Parliament to give any protection to the poor; especially would it be dangerous to interfere with the auction clauses. In parting the learned gentle- man reiterated the advice that a first class Par- liamentary Agent should be consulted and instructed to di'aw the Bill in a most brief and concise manner. All this information, so kindly given, was of in- estimable value to the Sub-Committee. They were moving along an untrodden path and in a strange land, therefore these directions were most accept- able. Neither of the Members to whom this task of Bill making was allotted, were experienced in Parliamentary tactics, and therefore accepted any information most willingly. On leaving Dr. Hancock's office it occurred to them that they were in the locality where Parlia- mentary Agents "most do congregate," and that no time should be lost in putting the practical lesson they had just received to account. They saw the spacious offices of Messrs. Baxter, Rose and Norton, and their inexperience emboldened them to seek an interview with that eminent firm, in the steadfast belief that Pawnbroking affairs were as im])ortant as any other business, and as worthy of attention. They were introduced to Mr. Spof- forth, then a junior member of the firm, and unfolded their hopes and aspirations. After hearing the nature of the business Mr. Spofforth undertook to have a Bill drawn, providing " there was nothing radical in it," and promised a draft in a few weeks. He advised, however, not to attempt to repeal the ith clause of the Usury Laws Repeal Act, as he did not think it necessary ; besides it would complicate the question too much to be understood by Members of XXII PARLIAMENTARY BILL MAKING 147 Parliament. So the high sounding sentiment ex- pressed in the address that "The great and unde- viating leading principle" should be such repeal, went by the board. The raatter was then, with a feeling of confidence, left in the hands of Mr. Spofforth, and the Sub-Com- mittee had a feeling of self gratulation that they had completed rather an important day's work. Their elation was not of permanent duration, for after waiting patiently for nearly a month in the daily expectation of receiving a copy of the draft Bill, Mr. Spoiforth wrote to say, that after some consideration of the subject, he and other members of the firm had come to the conclusion, that an amendment of the laws affecting Pawnbrokers, was not a measure suitable for them to undertake, and they must decline further connection directly with the promoters. This rebuff, which it was undoubtedly felt to be, was partially neutralized by the suggestion of a suitable gentleman in Mr. Coates, of the firm of Messrs. Dyson and Co., Parliament-street. Heavy hearted enough, thither the Chairman and Secretary wended their weary way and related their instructions and ex- planations to Mr. Coates de novo. It was now dis- covered that the period of the jcav when it was desired to commence operations was inauspicious, for Parliament had been prorogued, and ]:)rofessional men were generally in vacation, and dis]3ersed all over the world. Mr. Coates, however, promised to gi\'e the subject his best consideration, but feared that he could promise to make no progress till about October. After the lapse of considerable time Mr. Coates wrote and suggested that the Bill with full instructions should be placed in the hands of F. S. Reilly, Esq., Parliamentary Barrister, Draughtsman and- Com- missioner. This was agreed to, and on the 28ih October the " first revise," or uncorrected proof of K 2 148 HISTORY OF PAWNBROKING CHAP.- the Bill, was received, but on examination it was found to be very defective and insufficient on many important points, so that an application was made for" a personal interview with Mr. Reilly. This was with some difficulty acceded to, as it was contrary to pro- fessional usage to receive instructions except through Solicitors or Agents. The Chairman, Secretary, and Mr. Dicker attended and went exhaustively into the subject, pointing out the omissions of many of the requirements, stated by the Executive as necessary. Mr. Reilly expressed his sense of the great difficulty of dealing with such a subject,. and pointed out that he had yet to be supjjlied ■with the rate of profit to be inserted in the First Schedixle, and the conditions which it was intended' should regulate the Special Contract. His opinion was very decided that it would be dangerous to interfere with the Usury Laws Repeal Act, as it would be very much better not to encumber the Bill' with it. After this interview it was decided that the Secre- tary should call the Executive together at Leeds, for a thorough discussion of the Draft Bill. The meeting was convened for the 11th November, but extended over two days. The draft, and Mr. Reilly's opinions thereon, were laid before the Committee and the clauses discussed seriatim. The Bill was considered too massive and voluminous, consequently several clauses were deleted. It was then returned to the draftsman with instructions to re-draw it as amended. It was also decided that so soon as the Secretary received the new draft he should call a general meeting of the Gruarantors, to give them the oppor- tunity of expressing their opinions and approval, if not in that, in some still further amended form. A very gratifying and enjoyable event took place in connection with the labours of the Executive,. -XXII I'ARLIAMENTARY lULl. MAKING 149 ^during their stay in Leeds. Tlie Pawnbrokers of that town most generously invited the whole of the Committee to a banquet, which was attended by over fifty guests. Mr. Councillor Linsley presided, and the vice-chairs were filled by Major Middleton and Mr, Councillor Scotson. The festival, which was on a grand scale, was given in the Queen's Hotel, and was a brilliant and successful event, and a splendid specimen of true Yorkshire hospitality. The toasts were Ijrief and effective, including success to " The Parliamentary Eeform Association," coupled with the names of the Chairman and Secretary. The genuineness and sincerity of the toast could not be put to better proof than the fact that guarantee notes were handed to the Secretary for no less a sum than £'107, £20 of that sum being contributed Ijy two gentlemen from Bradford. The year 1868 expired before the Draft Bill could be completed, the draughtsman having found the sul^ject so intricate, that he was compelled to break down the barrier of professional eticpiette and seek inspiration from those who had more ]iractical knowledge of the matter, and tliis led to repeated interviews with the officials of the Association. After all the wasted months the draft was received still in an incomplete condition. It was at once put in the hands of the printers, and circulated without •delay to the Guarantors, who were, at the same time, summoned to attend a general meeting at the Midland Hotel, Derby, on February 12th, 1869, to consider, ^meud, and approve of a Draft Bill. CHAPTER XXIII COMPLETION OF THE DKAFT BILL Prior to the Meeting of Guarantors at Derby, London was again seized -vvitli paroxysms of exas- peration at the conduct of the gentlemen who represented them at the Nottingham Meeting, and felt little less at the action of the country in forging ahead with the agitation for the achievement of Pawnbroking Reform. In the van of the discontents was that " Mother Carey's chicken," whose presence generally presaged a storm — Mr. John M. Walter, who revelled in the delight of inciting his fellow tradesmen against the Reform Association, and all who supported it. He said at one Meeting that they had attempted to carry Free Trade by " sleight- of-hand," and he believed the whole Trade would be disgusted with it. He had explained the measure (according to his own biassed vision) to a Member of Parliament, whose opinion was that they need not distress themselves as such a Bill had no chance of passing. As the American humorist said, it is much safer to prophecy after the event, and pro- bably Mr. Walter may now share this view, for although that Bill did not actually pass, a better one did, and Mr. Walter knows, and regrets it, that the Act is not, through his own efforts in opposition, better still. COMPLETION OF THK DRAFT HILL 151 At the same Meeting, which was one of tlie Pro- tection Society, Mr. Lawley moved, " That in the opinion of this Meeting, the Draft Bill prepared l)y the Parliamentary Committee appeared to be highly detrimental to the best interests of the Trade; and that it was absolutely necessary that the strongest opposition should be given to it." Mr. Geo. Atten- borough (Fleet-street), seconded the motion. An amendment for adjournment was defeated by a large majority, and the resolution, on a division, was carried by 48 votes in its favour against 21 dis- sentients. On the Friday in the same week a General Meet- ing of the London Trade was held at the Terminus Hotel, Cannon-street. Mr. J. Dicker presented a short rei:)ort detailing the labours of the Executive, and exjilaining the jjrincipal proposals contained in the Draft Bill. Again Mr. Lawley represented the obstinictionists, and moved a terrible amendment to the motion that the Eeport be received, in these words, " That this Meeting, having considered the Draft of the Bill* (submitted by the Executive of the Parliamentary Pawnbroking Association) for the amendment of the law relating to Pawnbrokers, is of opinion that if such became law it would be entirely subversive of the best interests of the Trade, and that it is framed directly contrary to the instructions given to the London Parliamentary Committee, this Meeting is strongly of ojiinion that if it is pressed into Parliament the London Trade should offer to it the strongest opposition in their power." This was carried by 84 votes against 52. * Up to the time of the speaker making- tliis observation the Meeting- had mainly complained of the action of the fjentle- men who had been sent to Nottingham. The only consideration of the Bill was by Mr. Dicker. 152 HISTORY OF PAWNBROKING CHAP. The repeated fulmiuation of these impotent but ad- verse resolutions did not deter the Executive from pressing onward. They met in Derby the evening before the General Meeting and again the following morning, completing details of the business on the agenda. The great gathering took place on Thurs- day, February 11th, 1869, and Mr. George Atten- borough, the President of the Reform Association, occupied the chair. The sight was an impressive one, and the assembly would have done credit to any organized representative body in the world. There were no less than 161 Pawnbrokers present, hailing from 43 different cities and towns. After a brief introduction to the business before the Meeting the Secretary was called upon to read some important and voluminous correspondence, which included some letters which had passed be- tween the Parliamentary draftsman and himself. Most of it is too technical and uninteresting to re- produce, unless the clauses of the Draft Bill were also laid before our readers, and as the Bill itsel£ has these past 20 years been consigned to the limbo of good -intentions, we have no desire to resuscitate it. Mr. Reilly's opinion as to the diffi- culty of defining a Special Contract may be given, as an illustration of the knotty points the Executive were called upon to face. He wrote : — " It would be useful if persons interested would suggest amend- ments, rather than content themselves with criticizing what is proposed. The note is intended to be, and made by Act of Parliament to be, evidence of a. Special Contract for a higher rate of profit. Whether it can properly be called a contract or not is a verbal question, which I am not disposed to discuss. It would be well if attention were given to the inherent difficulty of the plan, namely, that there is nothing to fairly fix the pawner with the knowledge rXXIII COMPLETION OF THE DRAFT HILL 153 that he is to be charged the higher rate, whence it must be appreliended that in some cases ])awners when they come to redeem will profess to be sur- prised at being asked to pay the higher rate, and will dispute their liability. It appears to me that those who concern themselves about the Bill should endeavour to devise some plan of getting out of the ■difficulty. The signature of the pawner on the ■counterpart would probably go a long way towards getting over it, but I understand that was con- sidered impracticable. Something might be done by ■coloured pajier for the note, or other devices of a m.aterial kind which might be prescribed in the schedule." The correspondence disposed of, the Meeting •addre?sed itself to the consideration of the Draft Bill, taking it clause by clause. The preamble and first clauses numbering 1 to 5 inclusive, were agreed to without comment. With, ■clause 6 the real business of the day began, as its purport was to define the fixed rate for sums lent of 42s. and under. Two scales were submitted marked A. and B., one of which was to be determined upon and inserted in the first ^schedule. Scale A. provided "that the profit on any sum lent under 3s. should be r&t the rate of one halfpenny per month, or any part of a raonth. Then for the full 3s. and under 4s., there ■should be taken |d. ; for 4s. and under 5s., Id. ; for >6s. and under 7s., l|d. ; for 7s. and under 8s., If d. ; for ■9s. and under 10s., 2^d. ; for 10s. and under lis., 2id. ; and so on up to 20s. and under 21s., when the monthly charge should be 5d. This scheme found little favour with the meeting, for although it demolished the jier centage rate, it was complex and involved the dealing with farthings, which it was the hope of reformers would disappear in any new scale of charges which might be adopted. 154 HISTORY OF PAWNBROKIXG CHAP.. Scale B will require no explanation, for it was the one eagerly adopted by the meeting ; was recom- mended in the report of the Select Committee; it passed through the scathing ordeal of the Houses of Commons and the Lords, became law, and forms to-day a portion of third schedule of the Pawnbrokers* Act of 1872. The Executive, in their experimental draft bill, had not proposed to carry the fixed rate higher than the 42s., as arranged in the old Act, but Mr. Nathan expressed the opinion that such a stipulation did not seem reasonable, as the increasing the profits below 42s., and not above. If they increased the former from 20 to 25 per cent., they ought in fairness to raise the old 15 per cent, rate, to 20, which would be a charge of one-halfpenny per month for every 2s. 6d. lent. Mr. Cooke, of Hanley, seconded the proposal, and after some discussion it was unanimously adopted. As will have been seen, the rate to be charged was per month, or any part of a month, thus excluding days of grace. The clause was drawn to the effect that a Pawnbroker should take the aforesaid profit for " anything pawned with him for any time during which the same remains in pawn, not exceeding one mouth, and so for every month afterwards, including the current month in which the pawn is redeemed, altliongli that 'month is not expired." Mr. R. B. Starling objected to the omission, and thought the Bill was too much of a one-sided character, he therefore proposed that a third paragraph be added to the clause, enacting " that the first seven days after the expiration of any calendar month, should not be chargeable with any additional interest beyond that due for such month, but that after the expiration of those seven days then another whole month's interest should be chargeable." Mr. Grantham was the seconder. An amendment was proposed by XXin COMPLETION OF THE DRAFT BILL 155 Mr. May, seconded by Mr. Webb (Worcester), that fourteen days' grace be allowed; the original motion for seven days was ado])ted by a large majority. The Special Contract clause was next for consider- ation, and led to a long discussion, which was not surprising when the difficulties raised by Mr. Reilly are borne in mind. The fii-st paragra])h read as follows ; " Notwithstanding anything in the principal Act, or any Act amending the same, or this Act, a Pawnbroker may demand and take from any person applying or offering to redeem anything pawned with him a greater profit than tliat prescribed in the principal Act or any Act amending the same or this Act, provided that at the time of pawning a Special Contract for such higher rate is entered into in the form, and according to the regulations set forth in the second Schedule to this Act." Mr. Yickers moved, and Mr. Brooking seconded, that the first paragraph be adopted. Mr. Starling in a long and earnest speech moved an amendment, in the hope, as he asserted, of creating harmony between all sections of the Trade, but he was afraid the clause as it then stood would meet with the most stubborn resistance. He moved that after the work " take " in the third line, the words,. " not being an article of wearing apparel, silver plate, watches, or jewellery," be added. Mr. Hows seconded the amendment, which, strangely enough in the face of the Free Trade phalanx, met with general support. Free Traders, who had at Derby declared that nothing less than free and fetterless profits down to the humble flat-iron (so dear to sensational writers), would satisfy them, now declared that if unity of action could be secured, and factious opposition cease, they woiild support the amendment. Even the Chairman, Mr. Heys, Mr. Grantham, and others said that if these objects could be secured, they would sink 156 HISTORY OF PAWNBROKING CHAP. their individual opinions and go with the feeling of the meeting. The motion was then withdrawn, and. Mr. Starling's amendment carried by acclamation. Thus, Free Trade "pure and simple," as was Mr. Walter's favourite i:)hrase, became an incorporeal and visionary principle. The difficulties surrounding the Special Contract, as mentioned by Mr. Eeilly, were next discussed. There existed little difference of opinion on the subject of requiring the signature of the pledger, as it was felt the scheme would never work satisfactorily •without it. The proposal to adopt that course was quickly agreed to. The six months' forfeiture next claimed attention, but this was a matter on which the opinion of the meeting appeared to be so unanimous that it was adopted witli little discussion. Several details as to declarations, numbering pledges in rotation for each month, and a few typogi-aphical errors, were settled and corrected, when the discussion on the Draft Bill was brought to a close. It was then decided that a call of 25 per cent, should be made upon the guarantors, as the Association had then been in existence ten months, and considerable expense had been incurred. A cordial vote of thanks to the Chairman brought this most important Trade Meeting to a close. A third Meeting of the Executive, while at Derby, was held on the day following. Messrs. Nathan and Starling were added to the Executive, as their assistance at the General Meeting was invaluable. The amended clauses of the Bill were revised and drawn in accordance with the resolutions passed on the previous day, and the Chairman, Mr. Dicker, Mr. Starling, and the Secretary, were deputed to arrange for the final draft of the Bill to be prepared. XXIII COMPLETIOX OP THE DRAFT BILL ' 157 A Parliamentary Committee was also appointed^ consisting of the Chairman, Mr. Dicker, Mr. Linsley^ Mr. Heys, and the Secretary, to conduct the Parlia- mentary business so as to prevent the calling together too frequently the whole of the Executive. And so, hopeful, cheerful, and contented with their efforts to promote unity and unanimity in the Trade^ the Executive separated and returned to their respective localities. They were animated with the full confidence that great progress had been made, and that Parliamentary Reform was almost a near certainty. They were utterly unconscious, however, that at the moment of their exultation a serious danger threatened the Trade, and, like the sword of Damocles, might descend at any moment and destroy them^ Little, indeed, did they antici])ate, that, in a less period than a month. Reform would Ije, for a time, cast aside,. and that they would be engaged in a severe hand to hand struggle with an unsus]iected but powerful enemy. CHAPTEE XXIV DENOUNCED AS HABITUAL CRIMINALS Quite a month elapsed before tlie amended Draft Bill, as completed at Derby, was received from the Parliamentary Draughtsman. It was circulated to the guarantors without delay ; and with the brightest hope the Parliamentary Committee were convened to meet in London, with a view of getting the measure introduced into the House at once. The Meeting took place at Ridler's Hotel, Holborn, then,, and for many years previously, a famous hostelry for Country Pawnbrokers, and it was a rare chance when one or more could not be met with, "up in Town " for either business or pleasure. The Meeting was fixed for March 10th, with the intention of deciding on a line of action ; but " the native hue of resolution " had its current turned " awry " by a circumstance which had occurred almost simultaneously with their own determination, to proceed. A Bill had been, l)ut a few days pre- viously, introduced into the House of Lords by Lord Kimljerley, with the alarming title of the " Habitual Criminals' Bill," and it contained three stringent police clauses directly apjolying to Pawn- brokers. The measure emanated from the Home •Office, when Mr. Bruce — now Lord Aberdare — was DENOUNCED AS HABITUAL CRIMINALS 1.j9 Secretary, and it had the active support of the Earl of Shaftesbury and others equally as eager for the suppression of crime, but having no practical knowledge of the subject. Fortunately an early copy of the Bill was obtained by the Editor of the Pawnbrokers' Gazette, and, its ■character as affecting the Trade being ascertained, that gentleman at once printed copies, and with .admirable promptitude, circulated them to every Pawnbroker whose address could be ascertained. Thus there drop];)ed a thunderbolt, which effect- ually obliterated all thoughts of Reform. An article in the Gazette commenced with the Avords : — "Whilst the Pawnbrokers have been organizing themselves for approaching the portals of the Legis- lature, the latter has astonished them by anticipating the movement, and sounding an alarm upon the ■doors of the Trade, which has been in no small measure a startling one." And so undoubtedly it was ; but the surprise might have been more alarming and perhaps disastrous, had there not been already a strong organization for Reform. Here there was strength which ' was at once diverted into the channel for defeating the oljnoxious clauses. The first burst of indignation permeated the whole country, which could not but be bitterly incensed at the degradation sought to be imposed upon them, by including them with the criminal classes. But there was no time to indulge in execrations against the Bill as immediate action was imperative. The situation was grasped by the " leaders " of the Trade, and a Meeting was hastily coiivened in Lon- don for March 10th, only a few days after the .alarm had sounded. The Parliamentary Committee stayed in London and rendered all the assistance in their power, while delegates from all parts o£ the country attended the Meeting, which was held on 160 HISTORY OF PAWNBROKING CHAP. the day when it was hoped the struggle for Reform would have commenced within the Parliamentary arena. But as we have said all these hopes and aspirations were hushed for the time. The " Habitual Criminals " clauses were strong enough to divert men's minds, and thoughts of defence for self- preservation predominated. At this there could be little surprise ; the astonishment arose when it was calmly proposed to legislate for Pawnbrokers in such disreputable company. The clauses which the Meeting had to consider, and against which every Pawnbroker in the land •was up in arms, read as follows : — " 15. This part of this Act shall be construed as one with the Act of the session of the thirty-ninth and fortieth years of the reign of George the Third, chapter ninety-nine, 'for the better regulating the business of Pawnbrokers,' in this Act referred to as the Pawnbrokers' Act. " Any Pawnbroker who acts in contravention of the provisions contained in this part of the Act shall be deemed guilty of an offence against the said Act, and on summary conviction thereof tnay he punished accordingly. "Pawnbrokers to produce books on demand. "A Pawnbroker in any place shall at all times during his hours of business, produce, on demand, to the Chief Officer of Police of that place, or to some police- offi,cer appointed by such chief-officer, all books in which any particulars respecting the articles received by him by way of pawn or pledge are entered, and shall allow such officer to examine such books. He shall also exhibit to such officer all goods which the officer, on the information given to him, reasonably suspects to have been stolen, embezzled or fraudulently obtained, and, if required, shall deposit the same ivith such chief-officer, for the purposes of public justice, on receiving a receipt for same. XXIV DENOUNCED AS HAHITUAL CKIMINALS 161 " Report by Pawnbrokers of stolen goods. (( ' ' 16. If in any place any officei- of the police force of such place gives information, in wn-iting or print, or partly in writing and partly ])rint, to any Pawn- broker, that any goods described in such information, have been stolen, embezzled, or fraudulently obtained, and if any of those goods are in or thereaftei* come into the possession of any such Pawnbroker, or are offered to him for pawn or pledge, such Pawnbroker shall forthwith give information thereof to the chief -officer of police of such ])lace, and shall state the name and address given by the person from or by whom the same were received or offered. " Where the goods are wearing a]iparel, or articles which it is difficult to identify, the Pa-svnbroker shall not be liable to any penalty for acting in contravention of this section, unless it appear to the justices or magistrates that the goods, or the offer of them, were knowingly concealed by the Pawnl)roker. "If stolen articles be altered or defaced l^ytlie Pawnbroker, " he shall be held to be a receiver of stolen goods. "17. If any Pawnbroker, after receiving informa- tion of the theft, embezzlement, or fraudulent disposal of any goods of whatsoever description, melts, alters, defaces, or puts away the same, or causes the same to be melted, altered, defaced, or put away, without having ]3reviously received the permission of some justice or magistrate, and if it is found that such metals, goods, or articles, were stolen, embezzled, or fraudulently disposed of, then such Painibroher shall he deemed to have knoivn that such goods were stolen, embezzled, or fraudulently disposed of and may be proceeded against, and ])unished accordingly as a receiver of stolen goods, or as l)eing a party to the fraud, and no other evidence of his guilt shall be necessary than evidence of such melting, altering, defacing, or putting away, after receiving information as aforesaid." L 162 HISTORY OF PAWNBROKING CHAP, After these tyrannical clauses had been circulated to the Trade, meetings -were held everywhere and strong condemnatory resolutions were carried, accompanied by declarations to use every possible effort to ensure Pawnbrokers being exempted from sucli degrading legislation. The meeting in London, as we have said, was strengthened Ijy the support of country delegates. Mr. .John Dicker was called upon to preside, and Mr. Geo. Attenborough, the Chairman of the Eeform Association, stated that Mr. Dicker, Mr. Starling, and himself, had realized the imminence of the danger,., and saw it would not do to stand still, but that immediate steps must be taken botli energetically^ and promjjtly. They had, therefore, on their own responsi- bility had a form of petition drawn up, copies of which had been circulated throughout the country, so that the Trade might at once proceed to address itself to the House of Lords. They had also obtained inter- views with several Peers — amongst others Lord Shaftesbury — and they had an appointment to see him next day, and they were sanguine enough to hope that he would accompany them to an audience with Lord Kimberley and Mr. Bruce, the Home Secretary. Mr. W. Nathan, in a long and eloquent speech, moved, " That, in the opinion of this meeting, the principle of legislating for Pawnbrokers in any Bill intended to deal with habitual criminals is most objectional, and calls for the combined opposition of the Trade." The motion was seconded by Mr. Middle- ton (Leeds), and su])ported by representatives from Sheffield, Hull, Bradford. Liverpool, Bolton, Man- chester, Grosport, and Leeds, all being accredited delegates. Mr. Heys, next, in an earnest and powerful speech, moved, " That the clauses included in part 4 of the Habitual Criminals' Bill, will, if passed into law, be XXIV TiENOUXCKP AS HABITt'AL CnnilXAT.S 1G3 unjust fviul degrading both to Pawnbrokers and customers, liarassing in the conduct of tlieir business, and will also expose them to risks which no lioiiest tradesman ought to be liable to ; and this meeting pledges itself to oppose them to the utmost of their power." It is needless to say that both resolutions were carried with great enthusiasm. It was also agreed that a Committee should be appointed empowered to collect suljscri])tions and conduct the defence of the Trade. The following gentlemen were ajopointed : — Messrs. G. Attenljorough (Fleet-street), Geo. Attenborough (Old Kent-road), F. Cotton, John Dicker, Harding, Hows, Lawley, Nathan, Starling, and Telfer (all of London), Messrs. Dickinson, Heys, Hardaker, Jeffreys (Sheffield), and Linsle3^ A vote of thanks (Grantham — Hardaker) was enthusiastically passed to the Editor of the Pawn- brokers' Gazctfe, for his kindness and pi'omjititude in making the Trade acquainted with tlieir threatened danger. The meeting closed with the usual thanks to the Chair, and the cheering announcement that a sum of between £700 and £'800 had Ijeen subscribed in the room. There has never yet been lack of funds when the Trade was attacked from without. The daj- following the Meeting, a deputation waited u])on Mr. Bruce at the Home Office. The Members in attendance Avere Messrs J. Dicker, Attenborough, Starling (now made Hon. Sec), He^^s, Hardaker, and Linslej*. Mr. Coates, the Parlia- mentary agent, introduced the deputation to the Home Secretary, with whom was Lord Kimborley. Mr. Coates said that the Pawnbrokers objected most strongly to be legislated for in a Bill .which was specially intended to deal with Habitual Criminals, and they repudiated the charge that any- thing could be brought against the Trade to justify such legislation. 164 HISTOBT OP PAWNBROKING CHAP. To this Mr. Bruce demurred, saying that when he was a Masjistrate he became quite familiar with the faces of Pawnbrokers' Assistants, from their frequent attendance before him as witnesses. To this remark several members of the deputation replied, and pointed out that much as they regretted the frequent appearance of their assistants at the Criminal Courts, it was impossible it could be otherwise, when the large number of Pawnbrokers was taken into account, and also the enormous number of pledges annually received by each. In further explanation of this point, a member stated that in his own town, if each Member of the Trade had but one police case annually, there would be 25 Pawnbrokers to appear at each Session or Assize. A London Member exhibited the police notices of articles lost or stolen for four consecutive weeks, and there were no less than 2,927 articles enumerated and described. To this Mr. Bruce replied emphatically, that those were not the kind of notices intended by the Bill. The deputation then dwelt on the small per centage of forfeited pledges, and the fact of a large portion being exposed in public sale rooms. Great emphasis was laid upon the mischief that must arise to pledgers if police constables Avere allowed to make themselves ac- quainted with the names and addresses of persons driven by misfortune to the Pawnbroker, and the unfair use which might be made of such information. It was still further urged that the law was strong enough as it existed. Magis- trates could order a search warrant to be issued, and the Trade did not object, but they did object and that strongly to such power being relegated to an irresponsible police officer. It was also shown that any article of gold or silver ware might be piirchased twelve months or more after any notice had been given, and broken up and melted, an act XXIV DKNOl'XCia) AS IIAIUTUAI. Clil.MlNALS 165 which under the Bill would become a crime, while jewellers and refiners could buy and break up or melt immediately. Lord Kimberley remarked that the clauses already existed in Scotch law. In reply it was stated that they were not wanted in Enoland nor were they required. The Trade were willing to submit to any investigation or incpiiry as to the mode in which their businesses were conducted, and urged strongly that such stringent enactments should not be passed without careful collection of reliable information proving the necessity for them. In conclusion the Home Secretary said: "Well, gentlemen, you have made out a very good case for yourselves, and the matter shall have the careful consideration of the Government." This might be considered as an ojiinion expressed in a fair and conciliatory spirit, but what can be thought of a noble Earl who took great interest in the subject, when he exhibited his ignorance in a speech he made in the House of Lords ? It only requires a portion of his Ijordship's utterances to be quoted, to show ho\Y little he or his hearers understood what dire result would follow on their blind and ignf)rant attempts at such sjjecial legis- lation. The Earl of Shaftesbury, in the deljate on the second reading of tlie Bill, did, according to the report in the Times, make the following remark- able statements: — "Of the many valualde provisions of the Bill," said his Lordship, "I think none will be more effective in the repression of ei'ime than that which refers to the receivers of stolen goods. . . . As for spoons, forks and jewellery, they were not taken so readily to the smelting pot; l)iit to well- known places where is a ]jipe which your Lordships may have seen — I hope none may have seen it of necessity" — (perhaps a few of the West End Pawn- 166 HISTORY OF PAWXBROKING CHAP. brokers would know more on that subject than the speaker) — in a Pawnbroker's shop. I have had a description of the process from practitioners (?). The thief taps, the pipe is lifted up, and in the course of a, minute a hand comes down covered with a glove, takes up) the jewellery, and gives out the money for it." Believing such romancing drivel as this, our here- ditai-y legislators were prepared to inflict indignities upon a body of respectable tradesmen who to a man resented it (except Mr. J. M. Walter) without there being searching and exhaustive inquiry made into the whole subject. It was soon apparent, however, that the Pawnbrokers were not so abject and spirit- less as to accept such proposals. Eveiy possible effort was now made ; petitions, signed in every dis- trict by every Pawnbroker were showered into the House of Lords. Interviews with Peers were taking place all day long; introductions were obtained from all parts of the country, and in many cases men who were known personally to some noble Lord were sent for to London, and accompanied by members of the Committee obtained interviews. The influence and combined action of the Trade made itself felt. Many friends were made, and foremost in the rank was Lord Lyveden, who undertook to move the rejection of the clauses. The decisive battle was fought in the House of Lords on Monday, March 15th, when the Bill was down for the Committee stage. The outlook was not bright at the commencement, for Earl Grey moved an amendment to clause 14 to the effect that if any person should Ije found to be in posses- sion of goods proved to be the jn-oceeds of three or more separate robberies, he should be liable to be separately punished for as many offences as there had been robberies. This was speedily negatived. On clause 1-5 Lord Lyveden moved the omission of XXIV DENOUNCED AS HABITUAL CIUMINALS 167 that and the two following clauses which related to Pawnbrokers. He made a very excellent speech full of statistics and arguments, hut as his Lordship's remarks travelled over ground more than well known to most of our readers, it Avould l)e useless to produce them here. The Duke of Cleveland urged that any measure proposed affecting Pawnbrokers should be done in a separate Bill. It might be true that a certain amount of stolen goods tinds its way "to respectal:)le Pawnbrokers, but it is utterly impos- sible to prevent that even by the strictest investi- gation. Provisions relating to men who, for the 'most part, were respectable shoiild not be placed side by side with habitual criminals. The Earl of Kimberley said that the Pawnbrokers had shown themselves perfectly capable of defending themselves. He had had some communication Avith them, and he thought, that in some respects they had made out a case. He offered no opjiosition to the withdrawal of the clauses. The Earl of Shaftes- bury also did not object to the withdrawal, but thought some provisions of a similar character should be enacted for the Pawnln-okers. Clauses 15, 16 and 17 weke then struck out ! CHAPTER XXV THE QUEST FOR A SPOXSOR — A COMPACT The battle — crowned with victoiy — against the noble Lords and the Home Office, had been short, sharp and severe ; but it had a most encouraging effect on the spirits of the Parliamentary Committee. They had not only " fleshed their maiden sword," but routed the enemy, so they returned to the work of Reform with renewed courage and confidence. The completed Draft Bill was in their hands, and it was plainly their duty to lose no time in enlisting the kindly services of a friendly Member of the House of Commons to ask for leave to introduce the BilL Mr. Sheridan, member for Dudley, was the first gentleman thought of, and it was decided to ajjply to him at once, and ask him t(j take charge of the BilL The Secretary wrote to the lion, gentleman, and at the same time to Mr. Hannay, Pawnbroker of Dud- ley, who was a prominent constituent, and personally known to his Member, to go to London and accom- pany some Members of the Committee to an inter- view with Mr. Sheridan. Unfortunately Mr. Hannay was unable to leave home, but wrote to his repre- eentative explaining the wishes of the Committee. Mr. Sheridan was away from towai, and no reply was received as the letters did not reach him until he returned. Being sui-jirised at the silence, it was CHAP. XXV THK QUKSr I'Ol! A S1'OXSO[{ 1G9 decided to go down to tlie House and endeavour to obtain an interview. It was then discovered that he had not been in attendance for some days. An introduction was oljtained to Mr. Mundella, who ap- peared to be very friendly disposed towards the Trade, and a co])y of the Bill was handed to him, the leading features and ])rinci})les being freely dis- cussed. He was also informed of the Committee's desire that Mr. Sheridan should introduce it into the House. At the conclusion of the interview Mr. Mundella prouiised to convey the wishes of the Committee, and to hand the Draft 13 ill to Mr. Sheridan on his return to town. A few days later letters were received from that hon. gentleman by Mr. Hannay and the Secretary, the tenour of which Avas that he would be happy to see the Members of the Committee at the House of Commons the next evening at six o'clock. Hopeful that this a])parent friendly attitude was indicative of the willingness of Mr. Sheridan to comply with the Committee's request, they went to the House at the time fixed, insjjired with every feeling of confidence. They were doomed, however, to early disappointment, for they were informed that the hon. gentleman had already his hands too full; but he advised that ap})lication should be made to the Home Office to ascertain if Mr. Bruce would consent to take the Bill in hand. Mr. Wheelhouse, then Member for Leeds, recommended the same course, and both gentlemen avowed their readiness to accompany a deputation, but neither gentlemen would accept the I'esponsibility of taking charge of the measure, which had taken so much time and labour to prepare. The difficulty of the position was now fully realized, and it was felt that private Members would decline to be sponsors to a Bill on sucli a subject as Pawnbroking. 170 HISTOKY OF PAWNBROKING CHAP. The Committee therefore welcomed the siiggestion, as they had long entertained the Avish, that the Government would adopt the measure, which would assure its success. Accordingly the same evening the Secretary addressed a letter to the Home Office asking for an interview. The next day a reply was received dated " Home Office, Whitehall, March 19th, 1869," and saying, "I am directed by Mr. Secretary Bruce to acknowledge the receipt of your letter, and to inform you, that before he can entertain the question of receiving a dejjutation from the Pawn- broking Parliamentary Association, he requests that the Committee will forward a copy of their Bill with their observations thereon. Signed A. F. O. Liddell." In compliance with this reasonable request the Secretary prejiared a series of "Observations and Reasons on liehalf of the Pawnbrokers' Bill," which were afterwards jmblished and circulated to many Members of the House. The co]nes of the Bill and the Observations were forwarded, as soon as completed, to the Home Secre- tary, and the result Avas aAvaited with considerable curiosity mingled with some anxiety. On the 8th April Mr. Liddell wrote :— " Mr. Bruce desires me to say that he cannot at present fix a day for receiving a deputa- tion from the PaAvnbrokers' Association, but Mr. Bruce Avill consider the Bill drawn by the Association, and he will fi.c a day for receiving a clep'.dation from them, if they should continue to desire it before intro- ■ducing any measure into Parliament on the subject of their Trade." A reply Avas sent to this that the Committee did still desire an interview, as they had no intention of introducing a Bill into Parliament which Her Majesty's Government might consider it their duty to oppose. Five days later another letter —the last— Avas received from the Home Office. It .said :— " Mr. Bruce desires me to express his regret XXV THE QUEST FOR A SPONSOR 171 that he cannot give an interview to the Pawn- brokers' Association at present ; when a Bill is before Parliament affecting the interests of Pawn- brokers, Mr. Bruce will give his consideration to what may be said with respect to it on behalf of the Pawnbrokers." This was not only a disappointment but a breach of faith. The letter of the 8th said and he lolll fix a day, on certain conditions which were at once complied with, and the second letter was a direct contradiction. However the mandate of the 8th was carefully preserved, and did good service in after time, in enlisting the sympathy of Members, who believed the Committee had not been fairly treated. But the little band of Reformers were not yet dis- couraged, so at once determined, notwithstanding the official rebuff, to attend at the House and procure friendly assistance, and, if ])ossible, make another endeavour to penetrate the j^ortals of the Home Office. Messrs. Heys, Dickinson and the Secretary proceeded to Westminster. Mr. Sheridan was soon found, and the new trouble • fully explained to him. He suggested a letter to Mr. Bruce to be signed l)y Members, asking for the desired interview, and he promised to sign first. Shortly after Mr. Muudella was seen and informed of the unex]:)ected dilemma. He at once made the more ])ractical suggestion that "Bruce" should be personally seen that evening, and his final answer obtained. A little later Mr. Wheelhouse was seen, and put in ])ossession of the latest intelligence. He at once adopted Mr. Mun- della's suggestion, promised to find him — no easy matter on busy evenings — and act with him, and they would go to the Home Secretary together. Hours passed, and the deputation ])araded the lobbies, weary but expectant. Mr. Bruce must Ije at leisure be- 172 HISTORY OP PAWXBKOKIXG CHAP. fore he could be approached, and that favourable event did not occur until a late hour. At length the desired intervieAv took place, and the two gentlemen who had taken such a kindly interest in the subject returned to the depvitation and reported Mr. Bruce's ultimatum, which was as follows : — " That the amount of business at the Home Office would not allow time to see the Pawnbrokers ; that if Mr. Hugessen — (the Under-Secretary and now Lord Brabourne)— received them he might make a vague promise, which it would be impossible for Mr. Bruce to keep ; that if Mr. Mundella had any influence with the- Pawnbrokers, to advise them under any circum- stances to keep qiiiet for the present. He (Mr. Bruce) had taken them from the Habitual Criminals Bill, and he would promise nothing should be intro-- duced into that or any other measure during the present Session, which should affect Pawnbrokers, nor at any time without giving them a full oppor- tunity of being heard. Mr. Mundella had mentioned a Committee of Inquiry to Mr. Bruce, but the reply was that he could not entertain such a proposition at present, as they had already more Committees on hand than could possibly be got through." The effect of this message was depressing almost to the point of despair. There was a sudden barrier raised against any onward movement. Certainly there was as it were a verbal compact binding both sides not to trouble each other ; a truce, or an estab- lished neutrality was for the time to be observed.. The Pawnbrokers were constrained to keep it, and to have full belief that it would be as honourably observed on the other side. But however satis- factory it might be to know they were safe from attack, there was a feeling of blank despair that all hopes of immediate progress were so utterly for the rest of the year dispelled. XXV THE QUEST FOR A SPONSOR 173 It was decided to call the Executive together, report and take counsel. The town chosen for the Meeting, on this occasion, was Sheffield, and a very pleasant and memorable reception was accorded to the dejected band of reformers. The report merely dealt with the proceedings taken since the Meeting at Derl)y, and the steps adopted to introduce the Bill. After the re]^ort had been discussed and received, it was decided that in deference to the wish of the Home Secretary, no further Parliamentary action be taken that Session. It was reported by the Financial Secretary that up to that date (June 8th). the amount guaranteed was £2,300, and £98 in subscri]itions. It was aftei'wards de- cided, that although held in check at present, the policy of the Committee was one of progress. There was no symptom of wavering, hesitation, or failure, to be perceived ; nor was there felt to be any cause for despondency, for there was the possiljility that in the autumnal months, when the Session and its work had died away, the Committee might obtain the long desired interview with the Home Secretary, and if they were successful- early preparations could be made for prompt and decisive action on the opening of the Session of 1870. It is a pleasure to turn for a moment from these dry and dull incidents in history-making, with all their ever recui-riug disappointments and wasted laljour, to the enjoyments and relaxation provided by the Mem- bers of the Trade in each town in which the Executive met. " Some relaxation is necessary to peojile of every degree," said a deep thinker ; " the head that thinks and the hand that labours must have some little time to recruit their diminished powers." So these friends appeared to believe, for they provided right royal welcomes for the Members of the ^Committee. At Nottingham, Manchester, Leeds, 174 HISTORY OF PAWXBEOKIXG CHAP. XXV and lastly, Sheffield, they were profuse in their hospitality ; but the season of the year, beautiful weather, and the proximity to the magnificent ducal palace at Chatsworth, with its inex])ressibly lovely siirroundiiigs, made the Sheffield visit ever memoral)le. Carriages were provided in which to drive from the to"v\Ti; lunch and dinner at Edensor; saunter through the magnificent halls adorned with priceless works of art; a visit to Haddon Hall, and the drive back to town, are all vividly impressed upon the writer's mind, there to remain an indelible picture "while memory holds her seat." Florcat the " Field on the Sheaf." CHAPTER XXYI THE QUEST RESUMED — SUCCESS — DISSOLUTIOIT As the peremptory dictum of Mr. Bruce enforced inactivity, no attempt was made for progression until towards the close of the year, when it was thought the Home Secretary might again ])e ap- proached. The Secretary made application for a deputation to be received from the Pawnbrokers in relation to their Bill. A rc])ly was soon to hand, stating that Mr. Bruce would either receive a deputa- tion or state to the Pawnbrokers' Association the course he was pre]iared to take with regard to the Bill. This a]ipeared to be candid and satisfactory,. and the long looked for missive was antici])ated with considerable anxiety. But a long and unaccountable silence ensued. Despondency, even with some Mem- bers of the Committee, was fast taking the place of confidence. In fact the impression extensively prevailed that Reform was doomed, and would be heard of no more. The Pmvnhrohers' Gazette, in the summary for 1869, said : " The Trade generally are now looking upon this subject with a very different feeling to what they did in times past ; they are beginning to appre- ciate the immensity of the task, while the rude lesson they received has tauglit them to regard Parlia- mentary action as a two edged weapon, and to look 176 HISTORY OF PAWNBROKING CHAP. with much less confidence towards a future success. Indeed we have been much surprised at the change which has come over the ]iO])ular feeling among the Country Trade — in London, Reform has never been a favourite — but we believe that it is not too much to say that if the provincials could now be polled upon the subject, fully three-fourths of them would be against any further action for some time to come." This expression of opinion, no doul)t, found a ready echo in the minds of many Members of the Loudon Trade, while it could not but have a discouraging and de]iressing effect, even iipon sanguine and ardent Keformers. Nor was it of an encouraging character to the little band forming the Parliamentary Com- mittee, and who were waiting impatiently for Mr. Bruce to break the intolerable silence. But, " Was there a man dismayed " amongst those who were labouring to achieve success ? Not one had yet yielded to despair. But the thought was rapidly being develo]ied that Mr. Bruce was deliberately breaking faith with them, as on a former occasion, and the position was one of great perplexity, as several months had now elapsed since the letter had been received from the Home Office promising to receive the deputation. February had now arrived and the House was in Session, and yet no indication as to the course Government might adopt. It was therefore decided to remind Mr. Bruce of his promise, which was done, when lo ! the knotty enigma was at once solved and the mystery dissolved, by the following letter, under date of Feln-uary 18th, 1870 : "Sib, — I am very sorry that, throvgh my neglect, no day was named in December for receiving a deputation from the Pawnbrokers' Society, nor any steps taken for otherwise giving the Society the information it desired. The questions raised by your Bill were, however, carefully considered _ in December last, and Mr. Bruce will cause the opinion at which he then arrived to be communicated to you with as little ■ delay as possible. I hope that by to-morrow or the following XXVI THE QUEST RESUMED 177 day you will hear from Mr. Bruce on this subject, and that there may be no delay in putting- you in a position to act as you think best in reg'ard to the Bill, with full knowledge of Mr. Bruce's opinion in regard to it. I am, yours faith-fullv, A. 0. JRUTSON." So after all, the dreaded and ominous silence was nothing more than the neglect of a Government clerk, though it had been provocative of much anxiety to those who so longiiigly desired to proceed; but they had not long to wait now before the explanatory letter came from Mr. Bruce. It was dated Feljruary 18th, two days only aftei- tlic ])receding one and was from the same writer. It stated : — " Mr. Bruce directs mo to say in reg-ard to the Bill of the Pawnbrokers' Association recently submitted to him, that some chanrjes in the laxj in the direction of the Bill ^:eem to him to be desirable. Mr. Bruce cannot, however, promise the assistance of the G-overnment to the ijassage of the Bill in its present shape, until he has before him more evidence on the subject. This evidence — and Mr. Bruce refers particularly to the ex- perience of those who avail themselves of loans on paiun — would probably be best obtained if the subject were referred to a Select Committee of the House of Commons. Under these cir- cumstances Mr. BriTce will no ^ oppose the introduction of the Bill ; and will consent to its being read a second time on the understanding that it be referred to a Select Committee, and that the action of the Government, in regard to the further progress of the Bill ?"tf?, fZt'pe/if/, o/i the result of the inquiry to be made by the Select Committee." On the receipt of this important communication the Secretary at once summoned the Executive to a meeting to be held in London. Copies of the letter were ex- tensively circulated to all the Associations, and the whole aspect of the situation was changed into hope- ful animation and activitj*. Meetings were held all over the provinces, and resolutions, approving of the line proposed by the Home Office, were readily passed. Within a week, Manchester, Leeds, Liverpool, Shef- field, Nottingham, Exeter, Edinburgh, Hanley, Glasgow, and Bolton, had all spoken, with no un- certain meaning. They accepted the terms suggested with alacrity, and urged the Executive to jiroceed. 178 HISTORY OF PAWNBROKING CHAP. There were no signs now of despondency, or of the probability that "three fourths of the Trade " would vote against reform. Courage and hope had rapidly revived, and the determination to go on with the work was stronger than ever. The Executive were unanimous to a man, and speedily passed resolutions empowering the Parliamentary Committee to resume' active operations without delay. This they did, and commenced a system of daily visits to the House, and were hours at a time in the lobbies interviewing members, as the sponsor for the Bill was yet to be found before the Committee could act on Mr. Bruce's advice. No Memljer seemed bold enough to accept the position. At length one gentleman made the valuable suggestion that a conference should be held at the Westminster Palace Hotel, and as many mem- bers asked to attend as could be secured. This course was without hesitation adopted ; all the members who had been jireviously seen were written to, and invited to attend. The plan was eminently successful, as no less than fifteen representatives, for the most part of large constituencies, were jaresent. The Chairman of the Association first read and expounded the Bill clause by clause, thus making each member familiar with the subject. Tlie Hon. Sec. next briefly related the origin and jirogress of the movement, and its then present position in regard to the Government, Mr. Bruce's second letter not being forgotten. A very- friendly conversation then took place as to the best means of getting the Bill introduced, but no one had yet volunteered to perform the friendly act. It was at last decided that a deputation should at once wait upon Mr. Hugessen at the Home Office, and ten members agreed to accompany the Pawnbrokers. They proceeded without a moment's delay, and were admitted to an audience. After hearing the depu- tation, Mr. Hugessen promised to confer with Mr. XXVI TH1-: QUEST RESUMED 179 "Bruce, and if that f^entlenian saw any reason to alter his opinion ah'eadj expressed upon the subject, or could advise the appointment of a Select Committee, -without introducing the Bill, the fact should be immediately communicated to Sir Thos. Bazley (Manchester), and Lord Sandon (Liverpool), now the Earl of Hari-owby, both gentlemen being with the de])utation. No time was lost, for the next day Lord Sandon wrote to the Secretary; "Mr. Bruce is of o])inion that it will be the best course to introduce the Bill at once, and have it referred to a Select Committee." On the same day the members of the Parliamentary Committee attended a meeting of the London guar- antors, at which the Secretary read Lord Sandon's letter, and it was unanimously resolved that the Com- mittee be requested to proceed in the recommendation contained therein. But the difficulty still existed as to how the intro- duction of the Bill (it once, was to be effected, for no one ajipeared anxious to take charge of it. The Parliamentary Committee again ivent down to the House, and obtained severiil introductions, but with no success. Later in the evening, Mr. Wheelhouse, who had evinced great interest in the Committee's proceedings, introduced those present to Mr. S.Plimsoll, then M.P. for Derl)y. That gentleman's kindly offices were solicited, and he was so far favourably disposed, that he accejited a copy of the Bill, promised to study it, and would give a reply the next day. In some trepidation his answer was awaited. Fortunately he was ])rom])t and relieved all suspense by accepting the responsibility of introducing the Bill, and obtained the support of Mr. Sidebotham, Member for Staly- bridge, as a seconder. The Bill was brought in and read a first time on March 17th, and tlie second reading was fixed for the 22nd of that month, but unfortunately Mr. PlimsoU m2 180 HISTORY OF PAWNBROKIXG CHAP. was taken ill and the matter was postjioned from day to day. On tlie 2.5th the first masked battery of the enemy opened fire, by Mr. Hambro, Member for Wey- raouth, giving notice of his intention to move that the Bill 1)6 i-ead a second time that day six months. This gentleman had been approached by a hostile Mem- ber of the Trade, who openly confessed to viola- tions of the law, and took his interest "long;" made S[)ecial Agreements for any sum over £2, and. yet objected to legal redress being obtained for his fellow Tradesmen. He had the audacity to villify the promoters of the Bill, grossly distorting its effects upon the poor, and using every possiljle means, other than scru]mlous ones, to bring about the wreckage of the measure. Seeing danger ahead, the Secretary sought the assistance of Lord Sandon, who kindly obtained a postponement of the second reading until April 4th. During the respite many Members were seen, and a large number of petitions in favour of the Bill were prepared and forwarded to various constituents to be signed and sent to their representatives for presenta- tion. Meanwhile every efiiort was made to mitigate the rancour of Mr. Hambro's opposition, but he was inflexiblj^ obdurate in his resolve to obstruct the passage of the Bill, and expressed himself determined to press the matter to a division. Renewed and vigorous exertions were put forth to enlist the support of Members; Pawnbrokers were summoned from all parts of the country to attend in London and assist in the work of waiting upon their own representatives, and, when jiersonal attendance was im]iossible, they were requested to send letters of introduction to the Parliamentary Committee. This state of excitement continued until March 30th, when Mr. Hadfield, then Member for Sheffield, wrote to Messrs. Wright and Eaton, who were in London XXVI THK QUEST RESfMEU 181 working heartily, to the effect that Mr. Bruce would not permit a division, and, if one should he ])res8ed, the Government would vote against the Bill, which must be withdrawn, and a Select Committee appointed. A conference Avas held next daj^ hetAveen Mr. Plim- soll, Sir Thos. Bazley, Lord Sandon, and Memljers of the Parliamentary Committee. The Home Office letters were read, and it was considered that the Pawnbrokers had a claim upon the Government. Mr. Hugessen was seen, but insisted that no other course was practicable than the one pro]iosed. Mr. Baines, then Member for Leeds, Mr. Chadwick, M.P. for Macclesfield, with Mr. Plimsoll, saw Mr. Bruce, but it was impossible to shake his determination. The three gentlemen named then brought out of the House a resolution, which had been written by the Under Secretary, and ran thus : " That a Select Committee be appointed to consider the state of the law with regard to the PaAvnbroking Trade, with a view to its consolidation and amendment." The Parliamentary Committee were, of course, com- pelled to accejjt the inevitable, and so, on behalf of the Reform Association, consented to the appointment. The same evening Mr. Plimsoll moved that the order for the second reading should bo discharged and the Bill withdrawn. And thus the labour, thought and time, extending to close u])on two years, involving great expenditure, terminated in the death of the much debated Bill, and the curtain fell on the first act — consisting of many and varied scenes — of the drama of Pawnbroking Keform. CHAPTER XXVII PREPARATIOXS fOR THE GREAT INQUISITION On the 4tli of April, 1870, Mr. Plimsoll, in tLe House of Commons, moved for tlie appointment of a Select Committee on Pawnbroking, which was agreed to, after the Home Secretai'y stating that, " I have no objection to offer; I think it impossible to examine the Law without seeing it is defective in many respects, and I think the proceeding a very useful one." The day following the Parliamentary Committee met for the last time for many months to come. The situation was exhaustively discussed, and the probable difficulties of conducting an Inquiry were speculated upon, and suggestions made as to the best course to adoj^t. From experience it had been found that a Par- liamentary Agent was so hopelessly ignorant upon the subject, as to be able to I'ender no practical assistance. Besides, being an Inquiry into the working of Acts of Parliament of a puljlic, and not a private character, the Trade could not be represented ^by Counsel. After long and serious deliberations it was finally resolved, " That the Hon. Sec. be requested to undertake the management of the Inciuiry before the Select Com- mittee, and with a view to this purpose he be re- quested to take up his residence in London during PREPARATIONS FOR THE GREAT INQUISITION 183 the progress of the work." This ])roi)osiil was adopted in the belief that the heavy expenses whicli would be incurred by engaging an Agent would be avoided. Time then passed away until the 9th of May was reached, without any sign being given of a forward movement. On that day, however, the Select Com- mittee was nominated; and, as in future generations it may be a matter of interest to know who were the Members that composed this important body, we ap- pend their names. TIae first Member, who was elected Chairman, a7id represented the Government was — The E,iglit Hon. Acton Smee Ayrton, member for ■the Tower Hamlets, and Chief Commissioner of Works. Born, 1816. Richard Arkwright, member for Leominster. Was called to the bar, 1859, but had ceased to practice. Born, 1835. Robert Meek Carter, member for Leeds, and an Alderman of that town. A coal merchant and cloth finisher. Born, 1814. Charles Joseph Theoi)hilus Hamljro, member for Weymouth and Melcombe Regis. Called to the bar, 1860. Born at Copenhagen, 1835. Thomas Hughes, member for Frome, and author of ■" Tom Brown's Schooldays." Called to the bar, 1848. Born, 1823. Charles Henry Mills, member for West Kent. A member of the firm of Glyn, Mills & Co., bankers. Born, 1830. John Wliitwell, member for Kendal, a manufacturer. He was the warmest and the most sincere friend the Trade ever possessed, and it was through his firm- ness and energy, the Act of 1872 was ever obtained. He was born in 1812. Mathew White-Ridley, memljer for Ncrth Northum- berland. Graduated B.A. 1st class in classics, 1865. Fellow of All Souls, and M.A., 1867. Born, 1842. 184 HISTORY OF PAWNBROKING CHAP, John Simon, member for Dewsbury, and kno"\\Ti as Serjeant Simon on the Northern circuit. Called to the bar, 1842. Born in Jamaica, 1818. Colonel Beresford, member for Southwark, and a wharfinger. Was Hon. Colonel to a volunteer regiment. A convert of the enemy's, and farailiarly known to reformers as "the potato merchant." Samuel Morley, member for Bristol, well known as a philanthropist. Was a member of the firm of J. and R. Morley, London. Born, 1809. James Sidebotham, member for Stalybridge, and a cotton manufacturer. Born, 182-1. Montague John Gixest, member for Youghal, Ireland, afterwards for Wareham. Magistrate and Deputy Lieutenant for Dorset. Born, 1839. William Thomas Charley, member for Salford, now Common Serjeant of London. Called to the bar, 1865. Born, 1833. Samuel Plimsoll, member for Derby, which seat he resigned in favour of Sir William Harcourt. AVas a coal merchant and author of several pamphlets relative to that trade. Afterwards widely known as " the Seaman's Friend." Born, 1824. This was the complete list of the original nomin- ations, but on the 30th of the month, there were added, we believe at their own request — Archibald Orr Ewing, member for Dumbartonshire^ and a Glasgow merchant. This gentleman entertained an inveterate dislike to Pawnbrokers and all their works, but this was unknown at the time. We find, however, that in May, 1864, jietitions were presented to the House of Commons, by Mr. Smollet, from Messrs. Orr Ewing and Co., praying for an inquiry into the cause of tlie great increase of Pawnbrokiug establishments in Scotland, ivitk a view to their sup- pression. Other petitions were presented by Mr. Crum Ewing from Mr. Hector and others, containing a XXVII PREPARATIONS FOR THE GPvEAT INQUISITION- 1S5 similar prayer. On five days in one week, and four in the following week, such petitions were ])resented. From the 4th of Aj)ril to the oOth May, nothing had been done by Parliament. But the interregnum was very welcome to the little band — which, for better title was called the Parliamentary Suh-Uommittee — which was busily em])loyed in the pre])aration of evidence to be given when the Select Committee should sit. An office was taken at No. 11, Bridge-street, Westminster, and a regular routine of business was established. Here could Ije found every day Mr. G. Attenborough (the Chairman), Mr. John Dicker, Mr. J. A. Telfer, and the Hon. Secretary, who devoted their time to the invention and compilation of the evidence. A vast amount of trouble was involved in the working out of figures connected with the busi- nesses of the three gentlemen named, in calculating per centages, and otherwise endeavouring to prove the unprofitable condition of Pawnbroking. The evidence, which was com]3iled in the form of question and answer, and afterwards written in duplicate, on brief paper by a law writer, presented a voluminous result. All this was satisfactory as far as it went, but there was an ever-^jresent doubt as to whether or not the work had been prei)ared in accordance with the regular requirements of Parliamentaiy procedure, and no information could be obtained. The end of May having arrived, and no indication of the Select Committee proceeding to business, the Sub-Committee began to feel anxious for a start to be made. Two Members went over to the House and were fortunate in finding Mr. Ayi'ton. He was re- minded of the a})pointment, and that the Pawnbrokers, observing the rapid waning of the Session, were despairing of being able to get through before the prorogation. After the explanation, Mr. Ayrton con- fessed, that if anything was to be attempted, there 186 HISTORY OF PAWNBROKING CHAP. was no time to lose. He at once entered tlie Com- mittee Office and instructed a clerk to enter the first sitting of the Select Committee for Thursday, June 9th. Just about the commencement of June, the Sub- Committee was called ujjon by the late Francis Turner, Esq., Barrister-at-law, author of The Contract of Pawn, and other Avorks, to confer as to the points it was desired he should give evidence. The opinions of the Sub- Committee were expressed, and he agreed to confine himself to a certain line. This settled, he was shown a mass of evidence which had been jorepared, and his opinion requested as to whether or not it was in accordance with the rules of the House. Unfortunately the learned gentleman's experience was no greater than that of the amateur Parliamentary Agents who had prepared it. But he expressed himself strongly that the evidence should be submitted to a solicitor for examination. It so happened that the late Mr. Henry Bremner, then the Solicitor to the Liverpool Pawnbrokers' Association, was engaged on the Pilotage Committee, and was visiting London for two or three days in each week. He was written to, and urged to call and examine the evidence, and this, to the intense relief of the Sub-Committee, he promised to do. Mr. Bremner, however, was not able to be in London till June 9th, the day the Select Committee would sifc for the first time. Meanwhile, every effort was made to pei'fect the evidence of those who it was intended should open the proceedings. Balance-sheets were copied, books were checked, and all that could be, was done to prove the plaintiff's case. On the day that Mr. Bremner arrived, the Select Committee were to sit at three o'clock to select the Chairman and arrange the order of procedure. The first omission Mr. Bremner discovered, was the absence of a syllabus, which should be prepared for the Chairman to be made acquainted with the names of the witnesses. XXVII PREPARATIONS FOR THE GREAT INQUISITION 187 the order in whicli they wore to be taken, and to what part of the subject they would address themselves. No such document had been prepared, as it was thought the case would be opened by Mr. Dicker, Mr. Attenborough, and Mr. Telfer ; but the quick eye of -the lawyer detected another weakness. Strong evidence he supposed had been prepared, itut no case had been stated, therefore, a witness must be jnifc forward to explain the whole laws then i-egulating the Trade, the defects of them, and the grievances they inflicted, and the remedies proposed by the promoters of the Inquiry. Thus, in an instant, the result of months of labour a])]ieared to Ije seriously jeopardised by this almost fatal omission. After a serious conference, no opening presented itself, but the Hon. Secretary undertaking the task. It was the dernier ressort, and, whatever the result, the risk must be run. He had been busily assisting in preparing the evidence for others, and attending to a torrent of correspondence, but not a line had been prepared for him. The desperate situation was, however, accejated, the syllabus was prepared in the order arranged above for the opening, supported by Mr. Richard Attenborough (Piccadilly), Dr. Hancock, Mr. Turner, Mr. Stubbs (Magistrates' Clerk of Liverpool), Mr. Keeson, and others. From the country, to prove the practices which prevailed and the hardships experienced, it Avas pro])osed to call Messrs. Heys, Grantham, Dickinson, Fletcher, Brooking, Blackwood, May, Kidson, Tatton, Cooke, Makin, McKay, Middleton, with one or two Auctioneers. At a few minutes to three o'clock the Secretary, Mi*. Bremner, Mr. Attenborough, Mr. J. Dicker, and Mi-. Telfer, attended in the Committee-room. Mr. Ayrton had been elected Chairman before the door was opened to the jiublic, so the Secretary then presented the hastily-]n'e]nired syllabus to him. He then announced that the Committee would meet at twelve o'clock oa 188 HISTORY OF PAWNBKOKING CHAP. XXVII the following Monday, and the first witness (the least prepared), Mr. Hardaker, Avoiild be taken. The Chairman also requested a list of the various Acts of Parliament regulatiiig the Trade, to be furnished to the Clerk of the Committee. On that evening Mr. Bremner took away several copies of the evidence for examination, and the next day returned them with the pleasing and encouraging information that the evidence was strong and well drawn, and a strongly opened case would come in with convincing effect. He considered the work reflected the highest credit on those concerned, and that it was decidedly the best attempt he had ever seen made by vmprofessional men. This was very flattering to those who had simply blundered into the right track. The valuable services Mr. Bremner had rendered were highly appreciated by the Sub-Committee, who voted him their special thanks. The Parliamentary Sub-Committee then separated for the week, to meet on the following Monday, leaving the Secretary a little time to prepare for the much-feared ordeal he had to undergo on that day. CHAPTER XXYIII PAWNBEOKIXG ON ITS TRIAL — THE FIUST DAY It was under no slight apprehension, nor incon- siderable trepidation, that the members of the Par- liamentary Sub-Committee — especially those set down for examination — entered Committee room, 'No. 17, in the House of Commons, at noon, on Monday, June 13th, 1870. Fourteen out of the seventeen members of the Select Committee, were present, a sufficiently imposing array to produce nervelessness and depres- sion of spirits on the first witnesses, as though they were culprits of the deepest dye, and might expect condign punishment. It is impossible, with the limited s])ace at our dis- posal, to give more than a skeleton outline of the evidence adduced, the reader will therefore be required to fill in details from his imagination. He must also forgive what may appear to him to l)e fref[uent irrelevancy, as after the examination in chief was conducted, by the Chairman (Mr. A. S. Ayrton), up to the conclusion of one part of the subject, each of the other thirteen members, who had been busily engaged taking notes, cross-examined the witness in turn. The answers in many cases may be incon- clusive, and erratic, not to say stupid, but it must be remembered, that probably the questions which evoked them, were in themselves so utterly wide of 190 HISTORY OF PAWNBROKIXCt chap. any practical ol^ject, as to jirevent any other replies being given for the moment. As in the case of the first witness, who had handed in evidence to the extent of 38 qnestions and answers, which were made to expand to 425, it follows, that to many of the questions, he had not a satisfactory reply ready. The reader — if never in a committee room — must also imagine the appearance from a brief description. The table ai-ound which the Members sit is something of the horse shoe shape, the Chairman sitting at what may be called the apex, and the other Members on the right and left of him to the ends of the table on each side. A square table is placed between these ends at which the witness sits facing the Chairman; at the same table to the right of the witness, the ■ short-hand writer sits. A duplicate copy of the evidence as supplied to the Chairman, is before the witness, who may also have, for reference, any books or documents necessary for the purposes of the inquiry. Behind the witness are two rows of desks, as in a court of law, and these on a private Bill inquiry, are occupied by Barristers, Solicitors, and Parliamentary Agents ; but on this occasion by witnesses and friends of the promoters. Behind these again is an open space in which stand spectators and jiersons generally interested in the subject under inquiry. As it states on the first page of the blue-book, " Mr. Alfred Hardaker called in and examined," as the first witness. In answer to questions put, first, by the Chairman, and, as already explained, by other mem- bers of the Committee, he said he was a Pawnbroker o£ some 24 years' experience, and was Hon. Sec. of the Liverpool Pawnbrokers' Association, as well as Hon. Sec. to the Parliamentary Reform Association. He had given much study to the various Acts of Parliament which regulated the Ti-ade, and went XXVIII PAWNlUiDK'IXG ON ITS TIJIAI- 191 through tliem section by sfctioii, to cxiilaiii tliem for the information of the Committee. In the princi])al Act (1800) the scale of interest was- ilhistrated by the witness, who showed the faulty and inconvenient manner in which it worked, how it liroke off at £2 from 20 per cent, per annum to 15, so that if he lent £2 he would be entitled to charg-e 8d. per month, while if he advanced £2 'Sa. he would only be entitled to charge 6|d. and -J-jf of a farthing for the same ])eri(jd. He then showed that these rates could not be adhered to, as it was impossible to take the correct sum. He admitted that the difficulty could be overcome by abating the frac- tions, but the Trade could not afford to do that, because their remuneration was already too low. The uniform and inflexible rate of interest was objection- able, as for a watch which occu])ied a, small space in storage, the same rate per month Avas cliarged as for a bed or other bulky article which involved labour in porterage, and occujiied a large space in the ware- house, for whicli no additional charge could Ijc made. Section 3 ap])lied to "intermediate" sums, or' amounts which were not c-om])Osed of complete half- crowns, and these resulted in fractions, for which there was no known coin to meet. He would suggest that a simple rate of not less than one halfjienu}- for each 2s. or any pai't of 2s. lent should be substituted for the (then) present scale u]i to £10. In (Jlause 4 was the proviso that farthings should be given in change by the Pawnbroker. This regulation was, the witness believed, carried out by the majority of the London Trade, but in the Country the Act was frequently violated, and the whole halfpenny charged. In respect to Clause 5, he thought the limitations on jiarts of a month should be abolished,* and instead of seven days' * For a full description of the Act, see Cliap. X. 192 HISTORY OP PAWNBROKTNG CHAP. grace, let tlie Pawnbroker charge the whole month after the expiration of 14 days. The object they had in view was to attain simplicity, by having only one step in the calculations. He desired to get relief from all fractional calculations. With respect to articles of large bulk, many Pawnbrokers refused to take them under the existing scale. Asked what was the custom, the witness replied that he could not speak with cer- tainty, but it would be fully explained by subsequent witnesses. He knew the Act to be extensively evaded in Liverpool, and would consider that charging two months for one month and seven days was a violation of the Statute. In Ireland the rate was |d. for each 2s. or any part of 2s. for each month, and this was the rate the witness desired to see substituted for the (then) present English one. The days of grace allowed in Ireland were only three. To the general principle of Section 6, relating to booking pledges, be raised no ol>jection, as it was absolutely necessary to keep books in which to enter all transactions, but there Avere points of detail in the section which were objectionable and which it was impossible to carry out. It was not in the ])ower of a Pawnbroker to be certain that the names and addresses given by ])ledgers were correct, and he saw no utility or value in writing in H. for housekeeper, or L. for lodger. People very commonly concealed their real names and addresses, and frequently gave fictitious ones. That the time for entering a certain class of })ledges was limited to four hours, while others must be entered at the time of pledging, was anomalous and of no value, and the system set down in this Section involved the keep- ing of three books, but he considered two were sufficient, one for pledges of 10s. and under, and another for those above 10s., which were to be sold .by auction. In regard to the tickets, witness would xxviii pawm;i;okixg ON its trial 193 suggest that the amoiant o£ interest per month should be placed on the face of that given to the pledger, which would prevent overcharges. He wished that the i^ate shovild be fair compensation, beyond the implied rate for warehousing bulky articles, and that the power to charge above the fixed rate should be conceded to the Trade. Evi- dence would be produced thereafter which would show that pledges for small sums and short dates did not pay. In addition to an improved rate he was in favour of retaining the charges for tickets as then existed ; as for endorsing the interest taken on the ticket, it possessed no practical value to the pledger ; the intention of the Act was doubtless to prevent overcharge, but it did not do so, for the pledger could not see what was written l)y the Pawnljroker. Subsequent witnesses would give the proportion of pledges above and below 10s. Those below, in an ordinary business, were much in excess of those above that amount. In Liverpool he esti- mated that between nine and ten millions of pledges were received during the year, of which about fifty thousand would be for sums over forty shillings. Those of two shillings and under would probably amount to aliout four millions and a half. They, as Pawnbrokers, could sell forfeited pledges of ten shillings and under in any manner they pleased ; above ten shillings all must be sold by auction. It would be injurious to all parties if small pledges were required to be sold by auction, as the expenses of sale would he out of all proportion to the small value the goods would realise. It would be a question for a higher authority as to whether or not, a pawner ought to be subject to fine for giving a false name. He would not recommend that there should be an endorsement ou a ticket, when the pledger sold it to another person ; it would N 194 HISTORY OV PAWNBROKING CHAF. be no protection as there would be no proof of the genuineness of the endorsement. The witness then Avent minutely through the 8th section, dealing with declarations, but the particulars would not be of interest now, further than that opinions were ex- pressed in the direction of limiting the time for which a declaration should be in force, and proving ownershi]) in the goods pledged, both ideas being adopted in the present Act. A Pawnbroker was not liable for loss by robbery committed on his premises, neither was he for damage by fire, or any other accident which he was powerless to prevent ; but he would be held liable for any loss arising from his own wilful negligence or "misbehaviour," or from the negligence of his servants. Clause 17 was the next step of interest as it related to the period of forfeiture, and the witness went into the subjecfc at considerable length. He considered the time was too long, and advocated the adoption of six, instead ■of twelve months. He maintained that the change would be no hardship upon the pledger, but a grejit advantage to the Pawnbroker. The former would have only half the amount of interest to pay for renewals, while the goods would bring more at auction by being sold at the expiration of six, instead of twelve months, and it was in the interest of the pledger that goods should realise the highest price, .as he was entitled to the overplus. Dr. Hancock recommended that in Ireland some pledges should be kejit for three months only, but witness thought a uniform period would prevent misunderstanding and •confusion. If the short period of six months was adopted, it would enable the Pawnbrokers to lend more liberally than was possible under a twelve months' forfeiture, as goods became forfeited at the wrong season, and, practically, were on hand for 18 months. Eight}" per cent, of the pledges were redeemed in tiie 1XXVIII PAWNBROKING ON ITS TRIAL 195 first three months. Saw no reason why, if gi-oss negligence was proved, a Pawnbroker should be ex- cused from making compensation. Overplus was not very often claimed, and thought the period too long to keep a pledger's account open. Admitted, if the limit was not fixed by law the claim would be good for six years. Was agreealjle that the age of young persons pledging should be 16 as in Liverpool, but that would be a great inconvenience in many large towns and manufacturing localities. Hours of busi- ness should 1)6 regvilated Ijy local requirements. It should be remeniljered that the rate of interest was an annual one, and that goods redeemed in the first month only paid one twelfth of 20 per cent., or less than 2 per cent, on the turnover, which could not possibly pay, considering the necessary working ex- penses. A business consisting of pledges paying lid- each all round would result in loss. If 1000 pledges per day were to be received, a staff of at least seven persons would be required. Saw no objection to bed or body clothing being pledged ; people parted with what they could best spare. Did not believe that the money obtained from Pawnbi'okers was spent in in- temperance. Pawnbrokers' ])rofits were considerably •enhanced by the sale trade, which in one house came to about 27 per cent., Avhile those on Pawnln-okiug only came to about 6 per cent. Witness tliought the legislature should make the Trade niore remunerative, in order to enable Pawnbrokers to advance money on goods which they were noAV com])elled to refuse. If an article should be redeemed weekly, and the ajiparenfc profit was 1300 per cent., the transaction would still be unprofitable. He was confident that the facilities .afforded by a properly conducted Pawnbroking busi- ness did not tend to foster intemperance. The few concluding Cjuestions were " speered " by Mr. Orr Ewing, who persistently endeavoui'ed to wring N 2 ) 196 HISTORY OF PAWKBROKIXG CHAP. affirmatives from the persons under examinsvtion. The witness then retired, after being under examina- tion two hours and a half. Mr. John Dicker, Pawnbroker, of Commercial-road, Limehouse, was the next witness. He stated that he had been in the Trade all his life, and was the son of a Pawnbroker ; he had been a master 29 years, was Treasurer of the London Protection Society, and had four establishments. He superintended them himself, but they were managed by his sons and responsible managers. They were working businesses fairly re- presenting "low," "medium," and "auction" classes of jaledges. In the house from which he would lay the statistics before the Committee, there was a capital of £14,217. About £11,182 of this amount was invested in jaledges, and some £3000 in sale. He was anxious to have an Act which could be easily understood. When the old Act was passed, the expenses of the- Trade were much lower than at that period. His father's business was chiefly woi'ked by apprentices, now they had to pay salaries to all assistants. Rents and expenses of living had largely increased, but the profits had remained fixed. He wished for an Act which did not compel evasions, as the tendency was bad, and it effects demoralising. He considered the manner in which the contract was regulated bad in principle, and thought freedom of contract much better with a higher rate of interest, as a large number of their transactions were unremunerative. The witness was prepared to submit his books to any scrutiny which might be desired. (Mr. Dicker here read and explained elaborate balance-sheets of the operations at different houses ; showing the general movement and dis- position of capital, with the proportions of profit received on the Pawnbroking and the sale branches of each.) Then, proceeding, he said that a simple XXVIII PAWNBROKING ON ITS TRIAL 197 rate, like the Irish one, would be generally under- stood. In special cases it was desirable that contracts should be made in a regular way, and bear the signatures of the parties. He was certain that the then fixed rate worked hardly on the public. The accounts kept by Pawnbrokers were systematic and simple, and were balanced every day, again made tip every month, and checked every six or twelve months by stock-takings. The process of book-keeping was then ex})laincd at length. In reply to a series of wide questions, Mr. Dicker said that in addition to forfeited pledges Pawnbrokers bought goods over the counter, besides large quantities of new goods. In tlie case of the business, the figures of which were before them, the £3,000 sale stock would include only some £800 or £900 forfeited "low" pledges. To sell these at auction would be productive of great loss. He then went into a detailed explanation of the earnings for the year both Ijy pledge and sale stocks. Seven assistants were engaged in that house, without himself. There was great advantage of sale over pledge stoclv, as the former could be kept conveniently in the front sho}), while the pledges occupied a large series of warehouses. The net profit on the pledge stock, as he had proved, showed 5\ \)er cent., while that upon the sale was 27 per cent. Ho did not believe there was any other business but Pawnljroking, Avith £11,000 capital, which would produce so small a profit as was shown by the earnings of his pledge stock. The charges made in his estal^lishments were rigidly in accord- ance with the Act, and he never suffered an over- charsce to be made. At this jioint. Big Ben boomed out the hour of four. At the same moment there was a knock at ,the door of the Memljcrs' entrance, followed by a 198 HISTOPa' OF PAWXBROKING CHAP. XXVIII voice, " The Speaker's at Prayers," and the Com-- mittee adjourned to the following Thursday. The conclusion of tliis ini])ortant day's business- was signalised l>y a comical incident, which has doul)tless been many times recited. It had been the custom with the Sulj-Committee all through the preparation of the evidence to dine in the office to economise time. There was an excellent cook, resident somewhere in the mysterious upper regions of the building, and on this day dinner was ordered to be ready for four o'clock. The Sub-Committee returned from the House, mentally and physically fatigued, hot and excited with the day's work. Noticing the fagged condition of those who had been under examination, the Chairman, with his usual consideration, said the Committee had decidedly made a " notch," and deserved, Avhat he jocularly called, a "cruet " of champagne. It was duly obtained,, the glasses charged, and " Success to our labours" proposed, wlien the door of the room slowly 0])ened, and the well-known voice of a midland counties" Pawnbroker exclaimed, "Oh! This is the way the Committee's killed with work, is it ? That's- the way the money goes." After the astonishment of the Committee had subsided, the visitor was invited to join in the toast, which was drunk in all sincerity.. CHAPTER XXIX THE TRIAL COXTIXUED — SECOND DAY Precisely at twelve o'clock Mr. John Dicker resumed his evidence at the point where he had discontinued on the previous Monday. In reply to some cross-questions, he said he had done a large sale trade at the house for which the returns put in related. It employed two })ersons, a salesman and a junior. He was not able to state what the retail profits were in other businesses, but he had heard a wholesale grocer say they were about ■I'O ])er cent, on the capital per annum. In Government contracts he had been informed that 15 per cent, was considered a fair profit. Mr. Dicker then explained at consider- able length what was meant by "weekly ])ledgings." He then came to the figures of a second business which were handed in, and showed the average amount per ])ledge to be 4s. 3d., and the loss on all pledges delivered within the first nionth |d. each. He arrived at these figures Ijy taking the amount of the expenses and dividing by the number of pledges. By this means he found that each ])ledge cost '2|d., while a pledge of -Is. ^d. only returned one penny interest and one haUpenny for the ticket, thus showing a loss of three-farthings. Mr. Dicker then put in a remarkable statement showing the redemptions on one 200 HISTORY OF PAWNBEOKING CHAP. Saturday, at the house of a relative* This was on May 7th, 1870, and we believe the Saturday before Whit Sunday. The total number of pledges redeemed on that day was 1,899, and of these 1,653 had been pledged within one month; the remaining 346 were for longer periods. The capital lent on the larger number was £304- 17s. 4d., and on the latter £72 8s. '2d. The interest on the 1,.553 was £5 18s. 8|d., and on the remaining S46 £8 6s. 2|d. The ]iledges averaged OS. lid. each, and the yield of profit per ])ledge 1^ i^'l'.'d. including ticket money. The cost of each j^ledge to the Pawnbroker was 2|d., so that there was a loss of f d. each on the l,o-53 pledges delivered. The witness then produced a detailed statement of each of the 1,899 tickets, on a roll of paper of the enormous length of 58 feet, showing the amount lent, the time each parcel remained in jiledge, the interest, ticket- money, and the total profit. This "sea serpent," as it was playfully designated, had been j^repared in the office by the Sub-Committee, and its production caused considerable amusement amongst the members. One hon. gentleman occupied most of the afternoon in rolling xip the document, much in the manner that a draper rolls up ribbon. In addition to this statement there was also produced a large carpet bag, containing the whole of the 1,899 tickets, to prove the vast amount of labour which had been performed in one day, and for a profit on the turnover of £304, including ticket money, of only 3.05 per cent. ; and on £72 18s. 2d. of 12.57 per cent. The witness further exialained that had the 1,553 pledges remained for two or three months they would have become profitable. He could not state what amount should be the minimum charge on small pledges, but they cost 2kl. to 3d. to receive, * Mr. Barnett's, Lanibstli. XXIX THE TRIAL CONTINUED 201 warehouse, and deliver. He was in favour of an implied rate to stand in all transactions where a special agreement was not entered into. On the subject of forfeiture he considered it Avould Ije better to have the term for six montlis. It would l)enefit the public as much as the Pawnbroker, because it would be easier to pay half-a-year's interest than for twelve months. A long- accumulating charge worked badly for both parties. Many pledges were left at the -end of twelve months on account of that accumulation. He objected to prolong the term beyond a year, as a large portion of unredeems were prolonged in tliat way. Many Pawnbrokers were glad to clear their forfeited goods at a discount : the redemptions amounted to about 90 per cent, of the pledgings, and it was frequently the case that a Pawnbroker speculated on the redemption. If the Pawnljroking .and sale trades were se]3arated, he did not think Pawnbrokers could exist. Any ordinary dealer with a capital of £5,000, turning it over at a small profit, would make a much larger profit than a Pawnbroker. He could not understand why any man became a Pawnbroker except by inheritance. The old jjrivi- lege of the Trade had gone since the Usui-y Laws were rejiealed, and he thought that the Legislature should remove the last restrictions which were imposed upon them. Mr. Dicker here mentioned a case in which a Pawnbroker had lent £6 upon a i:)iano, which remained for 15 months, the total charge Ijeing 22s. 6d., a sum much below what would be charged for warehousing only. He produced a bill and receipt from a City pianoforte maker, for the sura of £3, which had been charged for storing the same piano for the saine period and no money advanced. He had written to the proprietor of the Baker-street Bazaar to ask the charge for warehousing a lot of goods, similar to one he had 202 HISTORY OF PAWNBROKING CHAP.. in yjledge for £5, which were redeemed in 6| months^ yieklino; a profit of 8s. l^d., but the Bazaar people- required 50s. for the first six months, and 7s. 6d.. per month afterwards. Pawnbrokers should be en- titled to the privilege of charging for storage or warehouseroom. He could not define the class of goods, as it was difficult to do so, but he thought persons should have facilities for pledging what they could best spare, bulky or otherwise, and that the- contract should be left open, as it would be regulatedl by competition. The Pawnbrokers' scale of interest was a hard and fast one, which forbad, under heavy penalties, any extra charge to be made. He had heard of such an event as the redemption of a pledge on a Sunday, but the rule was to close. It might be desirable to stamp a ticket with the words "extra charge," but he preferred a distinct contract to which the borrower should sign his name. He did not think a pawner would he constrained to accept terms offered by a Pawnbroker; competition would reduce all to some uniform principle of charge throughout the Trade. People took articles of small value to " leav- ing shops," because the Pawnbroker would not receive- them. If driven to borrow from persons in their own position of life they would have to pay more- than to a Pawnbroker. He referred to the circumr- stance, that a few years previously, his place of business had l)een visited by the late Charles Dickens,, who made the event the subject of an article in. Eouseltold Words* which periodical he then conducted. In the sketch the author had given the name of " Mrs. Flathers " to one of the customers he had seen on the Saturday night of his visit. Some time after the woman described to witness the extortionate * The article -was published in No. 89 of " Hovsehold Words" on December 6th, 1851, and was entitled " My Uncle.." XXIX THE TRIAL CONTINUED 203 amount she had been cliargecl for a small loan from some person in private life, and the charges a])peared to him so ojipressive that he wrote to Mr. Dickens enclosing a statement of " Mrs. Flather's " sufferings, which called forth a rejily from the great novelist,, which the witness handed in. The letter, which was as follows, excited great interest in the Members of the Select Committee, several of wlioni were anxious to read it. It was dated from " Tavistock Hoaso, Tavistock Square, ■■ Twentieth December, 18.57. " Sib, — I assure you I have received your letter with much pleasure, and it is a great satisfaction to me to have helped to render justice to a deserving body of men. " You owe me no thanks — on the contrary, I feel indebted to you for your valuable assistance and for the great intelligence and moderation with which it was rendered. The case you mention occurred to me as a suppositious one, when I was looking at your customers. I liave no doubt whatever that Mrs. Flathers would be infinitely worse off witli an obliging neighbour than with any Pawnliroker whatsoever. ■' I am, Sir, faithfully yours, "Charles Dickens. "Mr. John Dicker." The witness, resuming his evidence, gave a descrip- tion of " Dolly Shop " operations, and was then drawn on to the qviestion of stolen ])ro])erty. He did not believe, he said, that any Pawnbroker would know- ingly receive stolen pi-operty; it was against his own interest, and every precaution was taken to prevent its coming into his hands. In seven years he had received no less than l,33-i,011 pledges, out of which only fifty-three had been given up as stolen ])roperty. Many of the pledges would be sold by pul)lic auction, and, if stolen, could be identified when on view. Thieves did not take their plunder to Pawnbrokers as a rule,, for they were more lialjle to detection. He thought any interference of the ])olice with their books or stocks would drive respectable and conscientious men ■204 HISTORY OF PAWNBROKINa CHAP. out of the Trade, as tliey would feel they were placed under public stigma. As a rule the Pa-vnibrokers lost more by the deficiency on sale of goods than they gained by unclaimed overplus ; they set off the gain of one side against loss on the other. Mr. Dicker then retired, having been under examination about two hours, in addition to the time occupied on the previous Monday. Mr. George Attenborough, of Old Kent-road, London, was the next witness called in. He said he had been a Pawnbroker about forty years ; was Hon. Sec. to the London Protection Society. By request he read the rules which defined the objects of that Society, and said his connection therewith brought him constantly into contact with the Trade. He had heard the greater part of Mr. Dicker's evidence, and generally agreed with it. Knew short date pledges Avere unremunerative, and approved of the substitution of the Irish rate. He considered it most desirable that they should have the right to make special contracts ; he dealt in loans above £10 when he could, as it was the best part of the business, heing complete free trade. He believed pawners generally were very well able to take care of them- selves. The witness then went into a long and elaborate explanation of how Pawnbrokers were defrauded by the professional "duffer," who earned quite a good living by pledging "duffing" goods; and he believed there were at least 10,000 persons always employed in defrauding Pawnbrokers. Their Society ]:)uiiished them when they could establish a fair and clear case against them ; Init the great difficulty was to detect them, as they were too wary to make false representations. The witness then followed those who had previously given evidence, as to the insufficiency of the profits and the desir- . ability of freedom of contract. He was also of XXIX THE TRIAL CONTINUED 205- opinion that the time of forfeiture was too long, and approved of six montli.s. He gave it as his opinion that it would be quite im]30ssible for the Trade to coml)ine to fix the prices to be lent ; no union of the kind could be sustained in consequence of the keen competition which existed. As to the set off on the- sale of a pledge, witness stated that the Protection Society had then a case pending, in which a person presented five tickets to a Pawnljroker for pledges which had been sold 1)y auction. The man demanded to see the account of each sale, and finding there was a loss upon two of the jjledges, and a i)rofit on the other three, he demanded the profit, but repudiated any liability to pay the loss on the others. The insurance of the pawner's risk was then gone into, and a great deal of the ground already traversed by previous witnesses was again passed over. The examination of Mr. Attenl)orough was much curtailed, as the Chairman announced that he thought both he and the Committee quite understood the ]iromoters' view of the subject. Mr. John Ashbridge Telfer was the next Avitness called, but as Avith the preceding examination, the prepared evidence was much aljbreviated. He ])ro- ceeded to say, that he had two houses of business at the East of London, and had, like Mr. Dicker, succeeded his father in the possession. He produced a balance-sheet of one business, and the net profit on the Pawnbroking branch Avas 3 and |th per cent. But for the sale trade his Ijusiness would Ije A'ery un- profitable. He concurred generally with the evidence already given, but did not quite agree with the method of ascertaining the cost per pledge, as large amounts were reckoned in with the small ones. He found it cost him 3| per cent, upon his loans to pay Avorking expenses, therefore any transaction paying less than that resulted in a loss. The rate alloAved by the Act,- 206 HISTOKY OF PAWXBROKING CHAP. nominally 20 per cent., was in reality only Ifrds per ■cent, per month. A clause in a new law fixing a minimum paj'inent for the first two months would pay ; then the interest could run on as it did under the old Act. If he could be sure of two months' interest as a minimum, he would not desire any in- crease beyond that now allowed. The Trade, however, preferred the Irish rate ; therefore it might be better to adhere to that. A pledge for £1 paid, in interest .and ticket money, 6d. for one month, which was 2^ per cent, on the turnover, which he contended was a losing rate. If a pledge for 2s. were taken on a Monday and redeemed on the Saturday, it would pay 4s. 4d. in the year, but it would cost 2| and a fraction per cent, each time, and if that were multiplied fifty- two times, it would be found that the cost was much greater than the receijat. Reckoned as interest on money it would appear heavy, but still it would only represent the working cost. The short date pledgers were their worst customers — except those who left their goods altogether, after having obtained a long price upon them. The witness placed in the hands of the Chairman a large amount of interesting and •carefully prepared evidence, calculated to strongly confirm the testimony of those who had preceded him ; but the Committee considered tliat many portions of the subject already treated, had been sufficiently and •explicitly ex])lained, and therefore confined their questions to the comparatively few points given in the above brief abstract. Mr. William Nathan, of Limehouse, Pawnbroker, was the next witness, and his examination was ex- ceedingly brief. He de])osed that his business was a large running one, which paid net about 9 per cent., but he was not deducting interest on capital, which should be 5 per cent. ; then his net profit would only be 4 per cent. He did a large sale business, which XXIX THE TRIAL CONTINU'ED 207 paid about 26 per cent. ; he would l)e ((uite fS 281 should alter the law on a ])()iut which 80 vitally affects the poorer classes, who have less chance than any other set of people, of making their voices heard. We ought not to pass a Bill of this kind without further inquiry and the exercise of more care ; and I confess that I dislike very much this subject being handled, at all, otherwise than by the responsible ministers of the Crown. This Pawn- broking legislation is the remnant of an older state of things ; it is a kind of boulder that has wandered from an old formation, and is found resting on the new. It is a remnant of the old usury laws, left existing in the middle of all our free trade principles. I have no objection to let the matter rest for the- present ; we need be in no hurry, and we might give the Government time to digest it and take it up. When it is so taken uj) it can only be dealt with in one sense, and that is in the sense of perfect freedom of trade between the Faionbroker and those who go to him. No doubt in such a Trade as this you must have precautions in the interest of criminal justice; but the great object you have in view is to establish perfect freedotn of trade. But the danger is that if you now consider the whole of this legis- lation and give pledges to this particular trade, you may have just such a difficulty as you have lately had in the licensed victuallers — you may have vested- interests to deal with. In whatsoever point of view, therefore, you look at this Bill, I feel that it is not right to deal with the subject at such a season of the year without more examination. The Bill is one which affects the interests of classes who cannot now be heard here and it perpetuates a remnant of the tisary laivs contrary to the princi])les of Tnodern legis- lation. My only subject of regret is, that I should have to oppose my noble friend upon the cross benches in this matter : but I confess that I must 282 HISTORY OF PAWXBROKING CHAP. •oppose him, and therefore I move that the Bill be read a second time on this day three months." The feelings of perturbation which held possession of the Sub-Committee during the delivery of the foregoing speech and its concluding motion, we shall not attempt to describe. Utter defeat, ruin, rout and disgrace appeared inevitable and imminent. All ho])e of future progress and success seemed shattered at a blow. The words of the Earl of Morley, who followed, sounded weak and ineffective in their ears. He, how- ever, appealed to the noble Marquis to remember what scrutiny the Bill had passed through. The narratives about the Select Committees were re- peated and particular sti'ess was laid on the fact that the Bill had received the most careful considera- tion of the Home Secretary. It had besides been .agreed to by all parties, and that when an attempt was made to obstruct its progress only one hon. member was found to opjjose that pi-ogress. The speaker hoped that when it was remembered the time the measure had occupied in the House of Commons, and the general opinion which existed in its favour on all sides, their lordships would agree to give it a second reading. The Earl of Harrowby briefly replied. He reminded the Marquis of Salisbury that the Bill contained a nearer approximation to free trade than the existing law. After a few further observations, the Marquis signified that he did not intend to press his amend- ment, and to the intense relief and satisfaction of the Sub-Committee tJie Bill was read a second time ! The House was up immediately, the foregoing order being the last item on the papers. The Mar- quis of Salisbury was approached in the corridor, and he graciously consented to receive the pro- moters on the following Saturday at his house, 20, xxxvn THE STRUGGLE THROUGH THE LORDS 283 Arlington-street. Mr. Dicker, Mr. Telfer and the Hon. Sec. attended, and tlie conversation occupied quite an hour, his lordship entering fully and freely into his objections to the Bill. The de])utation left with a confident feeling that all danger from that quarter had been averted. He had, however, as the leader of the Opposition, uttered his protest, but the main object a])peared to be to flout the G-ovem- ment. It was also deemed advisable to seek an interview with Lord Stanley of Alderley. He was found at the Langham Hotel, and received the gen- tlemen with courtesy and patience. In a few minutes' conversation it became evident that there was nothing dangerous in him, his principal " craze " being on the question of what he termed " disfran- chising the farthing." On other points he had no decided opinions, and he became so far friendly as to take charge of the Bill and pilot it through its remaining stages, as the Earl of Harrowby had beea called away from town. The Bill was taken in Committee of the whole House on Tuesday, August 6th, leaving just a suffi- cient number of days to work through before the prorogation on the following Saturday. On going into Committee Lord Stanley explained that in the absence of the Earl of Harrowby, he had undertaken, the conduct of the Bill. The Marquis of Salisbury, although he had given his assurance to the deputa- tion, that he had no design upon the measure, still had another fling at the G-overnment. He could not help fearing, he said, that at a later period, when Her Majesty's Government should find leisure to take the matter up for themselves, they would find that there was no real issue from the difficulties of the Pawnbroking trade except by the adoption of a system of genuine free trade. At present they had hampered the Trade and the customers by a series 284 HISTORY OF PAWNBROKIXG CHAP. of trade regulations, but they did not do what a thoroughly paternal Government might do to protect the poor man altogether from the temptation of pawning small articles of property, which if the' paternal theory were to be accepted, would be the wisest use to which it could be put. But, on the other hand they did not adopt free trade. He knew the objection taken to free trade in relation to that Bill, was that a Pawnbroker's trade is peculiarly liable to abuse, in consequence of its being made- use of by those who dreaded the criminal law, and who wanted to dispose of articles which they had stolen. Perhaps his experience of the administration of the criminal law had not been very long or very wide, but he had never heard that any articles which thieves had pilfered, were in the least degree difficult to get rid of tvithout aiii^lying for the aid of the Paimibroker. Thieves knew very well that the Pawnbrokers' shops were under the supervision of the police, and they knew that if they went to a Pawnbroker to get rid of their stolen goods, those goods would be handed over to the police in a very short time. They, therefore, find buyers of another kind, and they never have any difficulty in doing so. His Lordship concluded in the following terms : " All the restrictions that you impose upon the Pawnbrokers do not enable jou to lay your hands on a thief with any greater certainty than would be the case if Pawnbroking were a perfectly free trade. I do not wish to detain your lordships, be- cause, as I have already said, I do not intend ta bring this matter to a practical issue to-day; but I do wish, if it is of any use, to enter my protest against this Bill, and against the constitution of any vested interest which may be adverse to any future reform, or any future legislation in the Trade." The Earl of Morley made a few remarks, after XXXVII THE STRUGGLE THROUGH THE LORDS 285 which the House went into Committee upon the Bill, Lord Redesdale in the chair. The Duke of Argyl desired to observe, in reply to the noble Marquis, that the Bill created no vested interest. Lord Stanley, of Alderley, said that in the absence of the Earl of Harrowby, he had a number of amend- ments to move. They were all verbal and did not require any explanation. Some twenty amendments were moved and agreed to en bloc. Many of them were of slight consequence, but others were of greater — indeed almost vital importance, and it was fortunate they did not attract greater attention. One instance may be related. Clause 88 was originally drawn to include the words, " If a Pawnbroker is convicted on indictment " for receiving stolen goods, his licence should be for- feited. In the second Select Committee the words " on indictment " were struck out. It was some time before this important elimination was dis- covered, but from the moment it was, every possible eifort was made to get the words re-inserted. If the clause had been passed with these protecting words omitted, every Pawnbroker to-day, would be at the mercy of any lay or stipendiai'y magistrate through- out the country, and his licence liable to forfeiture for any trivial offence the justices might magnify as being deserving of conviction. Happily the full importance of the matter did not attract attention and the amendment passed through with the rest. In the hurry to get through, several blunders were committed. Among the rest an alteration was made in the wording of the example of the C ticket in schedule 3. It applies to loans above forty sliillings, and was hastily copied from the form of the B ticket, and it was not noticed that the words " for the sum of eleven shillings " had been left standing, and appear so in the Act now. 286 HISTORY OF PAWNBKOKING CHAP. XXXVII Lord Stanley then carried his amendment about the farthings and the Bill passed through Committee.. On Wednesday, August 7th — the only Wednesday sitting in the House of Lords during the Session — the Bill was reported as amended, and on Thursday, the 8th, it was read a third time. It went down to the- Commons at a quarter to four o'clock on Friday morning and the Lords' amendments were agreed to. There only remained one more ceremony to be performed — and that was "The Crowning of the Edifice." CHAPTER XXXVIII TICTOllY — DISSOLUTION — KE WARDS After the intense strain and prolonged excitement,, extending over many months, it Avas a curions — indeed, almost painful — sensation which the Sub-Committee - experienced on the morning of Saturday, August 10th, to find their occupation had suddenly gone and that there was no further work for them to perform. After the violent and continiious storm with which they had battled through many anxiovis and exhausting days and nights, a dead calm had ensued. The reaction was depressing: as it was difficult to realise that nothing more could be done. They had time now to reflect on the past, and to see that whatever defects and shortcomings their fellow-tradesmen might detect in the finished work, there was no opportunity for anything to be amended. In a few hours the Bill ■would become an Act, and be the law of the land, whether its effect would be for either good or liad. How closely the race against time had been contested, will be seen from the first paragraph in the following letter from Mr. Whitwell, now, for the first time, made puljlic. Although it was dated the 9th, it was written in the small hours of Saturday morning: — -288 HISTORY OF PAWXBROKING CHAP. " St. James Lodge, Chapel Place, " Duke St., Westminster, S.W. " August 9tli, 1872. " Dear Sir, — It was five minutes to four o'clock this morning when I moved that the House agree with the Lords' amend- ments, which were passed. The work is, therefore, completed, and I trust that the Bill may help to maintain the character of the Trade it is intended to govern. " A great sacrifice of time and convenience has been required from those who have had to carry the measure to a successful termination. "For myself, I do not say that I should have refused my assistance, had I foreknown the labour — because I was con- vinced of the need of legislation, and I knew that so important a Bill could not be carried by a private member without trouble, time and perseverance — but I might, nevertheless, have shrunk from the attempt. I must confess that when I saw Government bills, and those of eminent private individuals, falling on the right hand and the left. I could sometimes only hope against hope. The delay in the introduction of the measure, con- sequent on waiting for the answer of the Government, placed the Bill at great disadvantage, and had we not ' got into Committee ' by stealing a march upon Mr. Orr Ewing, or had we not put it down on the Saturday, contrary to the opinion of many experienced and official members, we should have been shipwrecked. "I have now to congratulate you and the Committee on success, and I wish in the plainest and fullest terms to express my thorough appreciation of the uni-emitting zeal and ability of the gentlemen of the Committee, through whose exertions this has been accomplished, and without which no Member of Parliament could have been successful. I hope you will convey this to Mr. Geo. Attenborough and your colleagues. " I will say nothing of the opposition in the Trade, which opened the way for much of our difficulties coming in, but one thing I will add, that during the three years' campaign I have learned to place unhesitating reliance on the .statements of the gentlemen who have counnuiiicated with me, whether made for or against the case. " I did not mention to you that at the two last stages in the Lords there were fresh attempts made from Scotland to introduce new matter into the Bill. " I am, yours truly, " John Whitwell. "A. Hardaker, Esq." To this letter the Committee replied, expressing as strongly as the medium would allow, their sincere gratitude for the generous and devoted services Mr. Whitwell had rendered to the whole Trade. Through- XXXVin VICTORY — IiISSOLTTIOX — liKWA i;i>s 289 «nt the difficult task of conducting the measure through Parliament he had displayed great de- termination and strongly defined ]uir]iose, together with a knowledge of the forms of the House which aroused the admiration of the Committee. He was always accessible, and the Hon. Secretary had morning audiences at his house during many weeks as to the business of the day, while his fertility of resource and quick a])])reciation of the position in any emergency, ■enabled him to carry the largest work of a private member to a successful issue during the Session of 1872. Many other Memljcrs were also specially thanked for their support and assistance, including Lord Sandon, now the Earl of Harrowby, Mr. — later, Sir — Chas. Foster, Mr. Plimsoll, Sir James Elphin- stone. Mr. Glyn, now Lord Wolverton, Mr. Alderman Carter, and the then Earl of Harrowl)y. At two o'clock on the eventful day on which the Bill was to receive the Royal Assent, the Members of the Sub-Committee went over to the House and were just in time to see Mr. Ins])ector Denning — for many years a familiar figure in the precincts of the House — heading a small procession consisting of the Usher of the Black Rod and a few other dignitaries, who were on their way to the Commons with a message from the Lords for the Speaker to attend. In a few minutes the procession returned, and was considerably aug- mented by the addition of the Speaker, Mace Bearer, Sergeant at Arms and others. The S|)eaker's train was borne by an official in Court dress, tie wig, silk stockings, sword, &c. After these followed a crowd of Members, among whom were Mr. Winterbotham, Mr. Whitwell, Mr. Plimsoll, Mr. Mundella, Col. Beresford^ and several others who had befriended the Trade. The remnant of the Sub-Committee joined in the tail of the ])ro- cession and soon found themselves in the " gilded vchamber," with the Speaker standing in front of them. T 290 HISTORY OF PAWNBROKING CHAP, On the woolsack were seated five odd-looking figures who resembled a section of Madame Tussaud's famous wax-work exhibition. These seedy looking individuals were habited, some in crimson robes, trimmed with tarnished gold lace ; the Lord Chancellor in a black, robe; the Bishop of London had on an ermine tippet and wore a college cap, while the other four wore- antiquated, not to say dilapidated cocked hats. The Lord Chancellor handed the Royal Commission to the Clerk, Sir John Lefevre, who immediately read the document, which in the most circumlocutory language imaginable conferred the necessary powers upon the five noble lords to represent Her Majesty, and give the Royal Assent to Bills and prorogue Parliament. The ceremony of giving the Royal Assent is a quaint one. The Clerk to the House takes up a Bill, bows low to the automata sitting on the woolsack and reads out the title. The Royal Commissioners raise their hats and bow in return. The Clerk then turns about and faces the Speaker and Members of the Commons, and exclaims '•' La Reigne le veult," which is old Norman French for the Queen ^vills it, and the Bill is thenceforth the law of the land. Time passed, and Bill after Bill became law, till our fears were excited that perhaps after all, the Pawnbrokers' Bill had been mislaid. Such a calamity seemed to be within possibility, for we had been entertained a day or two before, by the recital of a legend that in " the reign of James the Second," as they sing in '• Trial by Jury," a Bill had been lost in transit from the Commons to the Lords, and had never since been found. We were relieved at last, however, by the Clerk reading the title: — "A Bill for consolidating, with amendments, the Acts re- lating to Pawnbrokers in Great Britain." Then came the profound obeisance to the five titled occupants xxxvrii vrcTOKV — r)i.ss()i,rTiOi\ — in:\vAi;iis 291 of tlie woolsack, who in turn bowed and raised their hats, and the Clerk once more faced the Speaker and with " La Reigne le veult," the Royal Assent was given, and for the first time in the history of Pawnbroking a complete Act was passed regulating the Trade. The struggle had l)een a protracted, tedious and severe one, but tenacity had conquered the numerous forms of hostility and opposition, and secured victory at last. On that day, "big with the fate" of future Pawn- broking, and which should in the ordinary estimate of human emotions have been the most festive the Com- mittee had ever yet enjoyed, those tliree dejected and spiritless individuals, suddenly finding their occupation gone, were plunged into the lowest depths of despair. After having been so closely connected during the long campaign of four years and four months — in daily communion almost — it was suddenly a])parent to each one's consciousness that on that day they must part. The tension which had been continuous for years, snapped so su.ddenly, that the situation was difficult to realize, and the last and greatest " notch " was celelfl-ated in a dull and dismal stupour which it would be impossible either to be imagined by the reader or described by the Avriter. It was soon, however, discovered that there was still some work to be done, but it was not in the Parliamentary groove. The Executive were called together, reports and accounts submitted, and ar- rangements made for the dissolution of the Associa- tion. It was decided to convene a final meeting of the guarantors and subscribers, to be held in Man- chester. The date fixed was Thursday, November 28th, 1872, and the place of meeting the Clarence Hotel, an old and famous establishment many years ago, but since swept away for improvements. So large was the attendance that it became a])pareiit T 2 292 HISTORY OP PAWXBROKIXG CHAP. there Avould be insufficient accommodation. Fortu- nately, the Memorial Hall in Albert-square happened to be available, which was secured and the meeting held there. Mr. George Attenborough presided, and after an introductory speech of congratulatioa to the membei-s, the Hon. Sec. read reports from the Executive, Parliamentary and Sub-Committees. The Financial Secretary produced a balance sheet which showed the total recei]:)ts to have Ijeen £'.3,137 6s. 4d., and the total expenditure to be £2,954' 7s. 8d., leaving a balance in hand of £182 IBs. Bd. A series of resolutions was passed in the midst of the greatest enthusiasm. The first being on the motion of the Chairman, seconded by Mr. Cooper (Staleybridge) : — " That the report and cash account now read be received, adopted, printed, and circulated amongst the guarantors and subscribers." The second was on the motion of Mr. John Grantham, seconded by Mr. Blakey (Leeds) : — " That the balance of money remaining in hand after the discharging of all liabilities, be ])laced in the hands of Mr. Little, trea- surer of the Committee which has been formed at Liverpool, for the purpose of presenting Mr. Hardaker with a national recognition of the valuable services he has rendered to the Trade." The third was moved by Mr. John Dicker and seconded by Mr. Brook (Halifax) : — " That the best thanks of the Pawn- brokers of Great Britain are due, and are hereby most gratefully tendered, to John Whitwell, Esq., M.P., for his kindness in having undertaken the conduct of the Pawnbrokers' Bill, and still more for the great zeal, devotion and practical acquaintance with the forms of the House dis])layed by him on all occasions, without which it would have been impos- sible to have obtained the passing of so important a measure as the Pawnbrokers' Act, 1872." The next was a resolution moved by Mr. Beesley, and seconded XXXvni VK'TORV — DlSSOr.L'TlON — TiEWAROS 293 by Mr. Joliii Eutou (Sheffield):—" Tliat a copy of tlie foregoing resolution be suitably engrossed, signed by every member of the Executive Committee, and for- warded to Mr. Whitwell by the Hon. Sec. Another reso- lution was proposed by Mr. J. A. Telfer, and seconded by Mr. McKay, " That the cordial thanks of the Pawn- brokers of Great Britain are due, and hereby respectfully tendered, to Mr. Alderman Carter, M.P., Samuel Plimsoll, Esq., M.P., and Chas. Foster, Esq., M.P., for the efficient assistance given by them to the cause of Pawnbroking Reform, and the constant and unvarying kindness shown by them to the Members of the Parliamentary Committee." Then, on the motion of Mr. Councillor Fairhurst, seconded by Mr. A. Porter ^Manchester), it was resolved, " That this meeting desires to recognise, with much gratitude, the eminent services rendered to the Trade in the ])rocuring of the Pawnbrokers' Act, 187"2, by the Executive Com- mittee, and hereby tender to the Secretary and each of those gentlemen, the best and most sincere thanks of this Meeting." Then a resolution was adopted, on the motion of Mr. Dickinson, seconded by Mr. Al)er- crombie (Liverpool), ''That the Liverpool Association be requested to take charge of the various books and documents, and that the materials be ]iresented to the Hon. Sec." Then Mr. Heys moved, and Mr. Walker (Macclesfield), seconded, " That the Pawn- broking Parliamentary Reform Association, having com]ileted the purjiose for which it was instituted, be and is hereby dissolved." A long and comjilex resolu- tion was adopted, on the motion of Mr. John Tattoii, the late and lamented Hon. Sec. of the Manchester Association, seconded by Mr. Starling, recognising the laborious efforts of certain gentlemen ujiou whom the principal part of the work had devolved, namely, Messrs. G. Attenborough, Heys, Dickinson, Dicker, Telfer, and Kidson, and the meeting felt that some 294 HISTORY OF PAWXBROKING CHAP- memento should be presented to them, and recom- mended that the London and Liverpool Committees should undertake the matter in conjunction with the Hardaker Testimonial Fund. The concluding resolu- tions were that the hours of business should be voluntarily restricted, and that the London and Liverpool Committees should continue their efforts to obtain a satisfactory solution of the insurance (juestion. A vote of thanks, carried by acclamatiou in a most enthusiastic manner, to the Chairman, closed the proceedings of the last meeting of the Reform Association, which had first seen light at Nottingham in April, 1868. Before dismissing this business portion of our narrative, it will be not a little interesting to record the positions held by large towns as to their contribu- tions to the funds of the Association. We give, therefore, a list of the seven cities and towns from which contributions of over £100 were made. Thus London stood at the head of the list with £558 10s., but can barely claim pre-eminence for it was closely followed by Manchester and Salford with £535 IBs. 6d. Then came Liver])Ool with £366 13s. 6d. ; Glasgow, £177 17s.; Leeds, £155 19s.; Sheffield, £132 19s. 6d.; and Nottingham, £113 17s. This last amount was contributed by only twenty business houses, which speaks well for the enthusiasm of the " birth place " ■of the cause of Reform. The last scene of all in this strange eventful history, was enacted at Liverpool, on the 6th of August, 1873. For the previous nine months there had been working, in the most devoted and slavish manner, a determined little body, at Liverpool, known as the Testimonial •Committee. Mr. Councillor Fairhurst was the Chair- man, and the Hon. Sec. was Mr. Wm. Guyler, who laboured with such incessant and unselfish devotion as to make the recipients entertain lasting feelings of XXXVIII VICTORY DISSOLUTION — REWARDS 295 gratitude to him. The result of this devotion and labour was a sum closely approaching £2,000. Of ■this was awarded to the Honorary Secretary £1,000 and a gold watch, chain, and a timejiiece ; to Mr. John Dicker, a full service of silver plate ; to Mr. Geo. Attenborough, drawing and dining-room clocks, vases, and silver dessert service ; to Mr. John Ashbridge Telfer, a gold watch and chain, lady's diamond s^dte, and illuminated record of the event ; to Mr. Henry E. Kidson, a gold watch, chain, diamond ring and pin ; :to Mr. Dickinson, richly chased silver salver, and suite of silver dinner and dessert service ; and to Mr. Edward Heys, a lil^rary of standard and scientific books. On the 6th August a Banquet was given at the Adelphi Hotel, Liverpool, Mr. Fairhurst presiding, when the above valuable testimonials were presented. Among those present were Mr. Alderman Carter, M.P. (Leeds), Mr. H. Bremner, Solicitor, Mr. Folkard, Mr. Alfred George (who acted as Secretary to the Testi- monial Fund in London), Mr. Child, Mr. Bullworthy, Mr. Layman, the last five gentlemen being from London, and a large number of Pawnbrokers from aW parts of the country. Such were the honours l)y which tlie conquerors were decorated. This was the last, but brilliant scene, in the drama of Pawnbroking Reform ; " Which, being £nished, here the story ends." CHAPTER XXXIX NIXE YEARS OF PEACE — TRADE CHARITIES A RUDE AWAKENING When the new Act came into operation on the first day of January, 1873, expressions of satisfaction and congratulation were to be heard from all quarters, A new era, it was supposed, had dawned for the- Pawnbroking Trade, and it was felt that those who- were workers within its ranks could breathe freely and "look the whole world in the face," for they could act legally and uprightly and yet profitably, without resorting to violations or evasions of the law, as had been done, under the old, but now defunct Act. After many years of agitation, labour, dissatisfac- tion and turmoil, there was now peace ; litigation was to be unknown; the Act was so clear and simple that disputed questions of law could not arise; nay, it was even soberly and sincerely believed by many, that all necessity for Protective and Defensive As- sociations had passed away, and there seemed no> reason why — ■' Peace, Dear nurse of arts, plenties, and joyful bii-ths, Should not in this best garden of the world," be of long, unbroken continuance. For some time,. CHAP. XXXIX xiNK YKAK's OF ri:Aci-: 297" our own Trade orijan, tlie F(ii''nJirokrrs' Gar.ette, had little to chronicle but the ])roceeduigs of un- eventful meetings of different Associations, and could give space enough to record the progress made bj those two admirable and beneficent Institutions, the '* Charitable " and the Journeymen's " Benevolent." The honour and credit of supporting these organiza- tions — to say nothing of the large number of similar but smaller Associations dotted all over the King- dom. — might excite admiration in a community of double tlie number than that of which the Pawn- broking body is composed ; while the large amounts dispensed yearly, reflect the highest honour upon all concerned for the humanity, charity and benevo- lence displayed. The first of these Institutions called the " Charita- ble," was establislied as far back as 1823, and is said to have been the first Trade Charity esta])lished in London. It was instituted in the first instance to relieve the necessities of the Assistants only. It was ushered to the Pawnbroking world in a pro- spectus of a highly florid description of composition, ■which Mr. Hows considered so valuable as a scarce historical record as to quote it in inW. Our space, being limited, our readers must be content with a few specimen extracts. It begins with ratlier a bold assertion as to the completeness of the human feeling which pervades us as a Nation, and says : — " It is a peculiar characteristic of the era in which we live that the wide wings of charity overshadow the world; and justly pre-eminent is our nation in this— that distress can scarcely present itself in any shape without finding a heart to console or a hand to relieve it." Alluding to what had been done by the " opulent members " of other professions, the docu- ment goes on to give some reasons why the Pawnbrokers slionld imitate such good examples, aa '298 HISTORY OF PAWNBROKING CHAP. .thus : — " In many businesses the moral character of the man is looked upon as a matter of minor con- sideration. If he be but strong it is not minded that he is uncivil ; if he returns to his work punctually and soberly in the morning, it is not objected to him that he was seen inebriated or in mean company after he had left it at night. But a Pawnbroker's servant must conform to stricter rules. He must be scrupu- lously sober and honest ; he must be cleanly, civil and respectful ; he must observe good hours, want no holidays, and when to these all the other decencies of life are joined, they have but the weight of negative qualities, for which, alone, no one would keep him. He must superadd intelligence, activity and habitual industry, or all his excellencies are nothing worth. Tied by his profession to the counter, forbidden any intimacy with the customers, he can form no connexions, has no chance of other pursuits, j&nd the best friendship he can hope to acquire is that of the master wbo retains him. If he grow rich in such service his integrity may be questioned ! If any accident happens to his sight he is useless ! If he marry, it is a great chance whether he can keep his place or any other master will employ him." If the foregoing is a true sketch — and the men who composed it were men of experience — of the Pawnbrokers' Assistant of the period, his lot, to say the least, was not a happy one, nor his prospects of the brightest. This is followed by the raisorv d'etre for practical sympathy being extended to him, and the " prospectus " proceeds : " Serving under these disadvantages, who would neglect such men in their extremities ; or, when they have lived to old age in our service, abandon them to the world? Nature revolts at the idea! A man of ordinary feelmg will not turn loose upon its mercy SXXIX NINE YEARS OP PEACE 299 :a worn-out horse or dog; and shall \vc treat that human being with less commiseration who has lived under the same roof with us for years — in sickness lias been the object of our solicitude— in health, the creature to whom our property is confided — and who has acquired that confidence and merited those at- tentions by sharing in our disquietudes, rejoicing in our successes, considering our interests as his own, and promoting our fortunes to the utmost of his abilities ? Who that reflects on this will venture to affirm, they have not irresistible claims on our generosity and justice, in despite of the slight faults by which their lustre is tarnished ? " The last sentence is decidedly enveloped in I'he- torical fog, for it is not explained in what the ^'slight faults " consist. There would be little ■"lustre," we venture to think, in sleeping on the ■counter, working unreasonable and inhumanly long hours, with recreation for a short period only, on two or three nights in the week. This was the treatment •of the Assistant seventy years ago ; he of our day may be thankful he lives within a measurable distance ■of the twentieth century. This remarkable address, in another paragraph, indulges in prophecy ; whether, or not, it has been realised, we leave to the know- ledge and experience of our readers. It says, after .^peaking of the successful establishment of a • charity : — " This once established, ask yoiirselves, will your servants quit you now, as heretofore, on every pettish whim or idle speculation ? No. Taught by those instances of kindness to respect you, you will acquire an ascendency over them which the heart rarely yields to interested motives ; and it may be hoped they will think of quitting yoii with that feeling of reluctance, which a son endures in separating from his parental abode. 300 HISTOKY OF PAWXIUJftKIXG CHAP*- " It has been but too mucli objected to us already,, probably by those who know us least, that parsimo- nious habits and cold maxims of prudence, opei-ating" on an acquaintance with human wretchedness, have rendered us callous to the miseries of life ; and although a just inquiry would have ascertained that where parochial distress or national calamity have- claimed the aid of those who earned their bread, such liberal contributions have scarcely been found in any branch of trade ; yet it remains with us still more- forciljly to rebut the charge, by thus generously pro- viding for those who have been worn out in well-doing- in our service; and our rejoicing will be, if we, who are supposed to be so cold and cautious — earning wealth with so much pains, and hoarding it with so much care — can communicate warmth to gentler natures, and induce other trades to go and do like- wise to those >vho have similar claims on them, and whose claims are equally urgent." Without quoting further from this somewhat re- markable prospectus, we may state that the Institution was inaugui-ated, and it came into partial operation,, but ten years elapsed before the funds were made available for the relief of decayed Masters. Erona year to year it gradually progressed, and about IS^O the idea of building the Aims-Houses was promul- gated. Many leading Members of the Trade, including^ Mr. . Neate, who acted as Honorary Secretary, . took up the cause with great enthusiasm, and worked with imflagging energy, and finally the pro- moters attained their object. The foundation stone was laid amid much display and rejoicing in IS^O by Sir James Duke, Bart., M.P. In April, 1850, a meeting^ of Members of the Institution was called to pass the revised rules. On the motion of Mr. Neate, it was re- solved that the following address, which is a brief epi- tome of the Institution's progress, should be adopted: — ' •XXXIX NINE YKAKS OP PEACE 301 " This Institution was established in 1823, for the relief of sick and decayed Journeymen Pawnljrokers ; in the year 1834 it was renovated by extending the sphere of its usefulness to decayed Masters, and the widows and children of all Members of the Trade ; in 18-tO it was further enlarged by granting pensions to deserving Pawnbrokers in their old age ; and in 1850 Alms-Houses were built at West Ham, Essex, for their occupation." In January of that year a grand Ball was held in the Queen's Rooms, Hanover-square, under the patronage of Sir James Duke, Bart., M.P., and the Sheriff of London, Donald Nicoll, Esq., in aid of the Building fund. On June 21st, 1850, a grand festival was held in the new building, which was that day opened by Sir James Duke, and the first four inmates were elected. The Hon. Sec. read out a list of subscriptions received, amounting to £800, which included one donation of £50 from J. C. Dexter, Esq., a Member of the Trade, and a member of the Festival Committee. The investment of the funds of the Institution, so as to produce the largest available sum to be devoted to tlie alleviation •of the necessities of worthy applicants is by many Members of the Trade thought not to be the most profitable or productive, in consequence of the large amount being sunk for ever in land and buildings, which produce nothing for tlieir own maintenance. In these later times it is considered more profitable, thus creating larger means for the comfort of the indigent, that liquid ca])ital, judiciously and safely invested, leaving no loophole for risk or leakage, is the sovinder princijile than if it is parted with for «ver, in creating a limited number of dwellings, which are insufficient to accommodate all who apply for thein. It is fortunate, however, that the land purchased nearly half-a-century ago, has, in consequence of the development of the neighbour- 302 HISTORY OF PAWNBROKING CHAP, hood by increased railway facilities and other reasons^ become so valuable as to bring increasing prices for leases, &c., which will ultimately produce such an income, as we may hope will be ample for all the- charitable demands made upon it. Somewhere about the year 1836, we learn from a contribution made recently to the Pmvnhrokers'' Gazette, at the instance of Mr. Cocks and a few others, a meeting of Assistants was held, and it was decided to found a Journeymen's Benevolent Society. The first regular meeting was held in Mr. Johnson's Auction Rooms, in Gracechurch Street, when Mr.. Cocks moved, "That a Society be now formed to be called the Benevolent Society of Journeymen Pawn- brokers, for the relief of sick and decayed journeymen." From this period the Society has made regular and prosjjerous progress, as may be instanced by the fact that at the first Annual Meeting it was reported that the Society had 107 donors, and subscribers to the amount of £51. The relief to applicants was £7 10s. ,, and after the incidental expenses for the year had been defrayed, the Treasurer had a balance of £"46 6s. 5d, Then coming to the Third Annual Supper, held at the Queen's Arms, in Newgate Street, the host of which was appropriately named " Mr. Balls," the donations only amounted to £8 17s. 6d. ; while in brilliant contrast in the last year of grace, under the presidency of Mr. Kuston, the contributions, at the Fifty-fifth Annual Dinner, amounted to no less a sum than £153 8s. 2d. In addition to this the same occasion witnessed the incep- tion and develojnnent of the " Benevolent Day," the first being appropriately held on the 85th birthday of Mr. Bobert Cocks, the sole surviving Founder, when a sum of nearly £200 was collected, which will enable the Executive to declare additional pensions and thus extend the beneficent and charitable objects of the Society. It has now reached a degree of popularity XXXIX NINE YEAKS OF PEAfE • 303 and prosperity that, with its funcLs safely and judiciously invested, its usefulness should continue to be extended, a fact which, we should suppose, would induce every Assistant in the Metropolitan district to be proud of such an Institution, and consider it not only a duty but an honour to have his name emblazoned on its roll call. There are numerous Benevolent Societies throughout the country, some of which have been marvellously successful. In Manchester, Liverpool, Leeds, Bradford, Nottingham, Sheffield, Bristol, Dublin, and other places, these organisations have takon root and flourished. Not only have the Assistants been instrumental in relieving the distress of their colleagues who were unfortunate enough to require assistance, but they have promoted social intercourse and rational enjoy- ment, as the reports of their meetings, dinners, &c., testify, and altogether reflect the highest honour on the Trade which such institutions cannot but adorn. Gradually these " piping times of peace " began to be ruffled and disturljed by differences of o]iinion regarding the proper interpretation of the licence clauses of the Act. These clauses were entirely drawn by the legal officers at Somerset House, as those drawn by Mr. Reilly and which appeared in the early revises of the Bill, were pronounced entirely unsuitable. Yet the Inland Revenue administration did not seem capable of deciding on the meaning of their own clauses. Thus Mr. Bate, a London Pawn- broker, who required no certificate, opened a branch establishment in Lambeth, but the Authorities refused to grant a licence without a certificate. Mr. Bate tendered the money, which was refused, and he began business in defiance of them ; then legal proceedings were commenced against him, and the Commissioners of Inland Revenue %vere defeated, as they have been on several other occasions since. 504 -HISTORY OF PAWNBROKING CHAP. XXXir Suddenly an alarm was sounded which spread dismay throughout the length and breadth of the land. Mr. Alfred A. George, of the Strand, wrote to the Paivnhrol-ers' Gazette, under date of April 11th, 1881, and warned the Trade that there was hostile and injurious legislation contem])lated for Pawnbrokers, as the Lord Chancellor (Selborne) had obtained leave to introduce a Bill into the House of Lords to amend the law relating to the recovery of stolen articles. Mr. George had procured a copy of the Bill and found, amongst other obnoxious provisions, several which related to licences, giving power to a Magistrate to endorse a Pawnbroker's licence for a first offence, and for a second, power to cleprire him of Ins licence altocjefher and for ever. As a Member of the Metro- politan Pawnbrokers' Protection Society, Mr. George wrote, he thought the matter offered an opportunity to prove the value of the Society to the Trade at large by taking immediate action, in conjunction with their provincial friends, without delay. This warning shot roused the country thoroughly, and not many days elapsed before an army of defence was organised and in the field, strong and united, animated with an earnest spirit of determination to repulse the invader. CHAPTER XL PREPARIXG I'OR TirK RATTLE — THE KXEMV — TIfE STOLEN GOODS BILL From the time the warning was given, not a (moment was lost before the Trade all over tlie •country met hastily in council. The day after the ])ublication of the Gazette, containing Mr. George's letter and a leader from the Editor on the same iilarming subject, a s])ecial Committee Meeting was •called of the Metroj)olitan Protection Society, Mr. H. A. Attenborough ])residing. In o])euing the in-o- ■ceedings he said they met under most extraordinary ►circumstances. They had all seen that a new Bill was before the Legislature which proposed to exer- •cise a most important influence upon the futui'e prospects of the Trade. Somewhei'e about the be- !ginning of January, 1880, Mr. Howard Vincent, the Director of the Criminal Investigation De])artment, Scotland Yard, had expressed a desire to meet and ■confer with certain influential members of the Trade, in order to consider whether they could not devise an improved system of arranging the police lists of stolen and lost property. An interview took place between Mr. Vincent and a deputation from the Committee of the Society. Many suggestions were u 30G HISTOKV OF I'AWNHKOKIXG CHAP.. made and had since been acted upon. Mr. Yincent ex]iressed his grateful sense of the assistance which' the deputation had given him in improving the list, and they had parted with such marks of cordiality on his part, that they had certainly expected better treatment from him than they were now meeting with. Since that time several communications had been addressed to the Committee from Scotland Yard, but there had been nothing in them to which the Committee thought they ought to make any categorical reply.* The object of these proceedings on the part of the Director of Criminal Investiga- tions, and the objects he had in view, would be fully carried out in the Bill then before them. The Chair- man then Avent carefully and exhaustively through the clauses and explained the effect they would have- upon the Trade, if they were passed. In addition tO' this exposition, there was read a long detailed and lucid report, which had been drawn up by Mr. John Attenborough, the well known Solicitor to the As- sociation. After the rejjort had been read it was resolved that a Sub-Committee be appointed con- sisting of the C hail-man, Hon. Sec. and Messrs. Mel- huish, Sprunt and Telfer, to make arrangements for a General Meeting of the whole Trade. Letters were read from the Secretaries of various Provincial Associations, including Birmingham, Liverjjool, Leeds, Stoke, and many other places, which were all unani- mous in expressing the determination of the local Committees to resist the passing of the Bill to the last extremity. It Avas also agreed to arrange for a special issvie of the Pawnbrokers' Gazette, at the ex- pense of the London Society, containing the reports * The author thouorht. at the time, that it was a mistake to leave these letters unanswered. Mr. Vincent doubtless hoped for some such assistance as was afterwards rendered by the- Defence Association. — See Chap. XLIV. XL KKl'AIM.NC Kill; rilK HAIILK 307 and resolutions, and this was done the following day (Wednesday), thus placing valuable information before all provincial readers, and enabling Country Societies to fully realise the police intentions. One of the most important, as well as the largest and most unanimous General Meetings in the history of the Trade, was held on Wednesday, April 10th, 1881, at the Albion Tavern, Aldersgate-street, London. It was estimated that this gathering of London and Provincial Pawnbrokers numbered nearly five hundred determined and resolute men, called together " to consider the best means of defending their Trade against the o])))ressive clauses of the Lord Chancellor's * Stolen G-oods Bill.'" Mr. Richard Attenborough was unanimously called upon to jireside. A series of resolutions had been pre])ared, the first of which was proposed by Mr. J. A. Russell, and ran as follows : "That the Bill presented to the House of Lords by the Lord Chancellor, intituled 'The Stolen Goods Bill, 1881,' be opposed." It was seconded by Mr. Mayfield (Hull), and, after considerable discussion, caused by an amendment being jiroposed to add the words " as far as it applies to Pawnbroking," was carried almost unanimously. Mr. J. A. Telfer next projiosed the establishment of one General Association of the Pawnbrokers of London and the Country, which was immediately adopted. It was then decided to elect an Executive, consisting of a President, Vice-President, Treasurer, Hon. Sec, and thirteen Members of Committee, with power to add to their numbers, and that London be represented by five Members. The election of officers was then proceeded with, with the following result, viz. : Mr. Hichard Attenborough, Chairman ; Mr. John Gran- tham (Manchester), Vice-Chairman ; Mr. J. A. Russell, Treasurer ; Mr. A. Hardaker, Hon. Sec. ; with the following Executive, partly elected at the Meeting and u'2 308 HISTOKY OF PAWXRROK'ING CHAP. by additions afterwards made, Mr. John Tatton (Man- chester), Mr. Frederick Green (Liverpool), Mr. Dixon {Birmingham), Mr. John Eaton (Sheffield), Mr. Alfred Fletcher (Nottingham), Mr. Layman, Mr. Lawley, Mr. Telfer, and Mr. Sprnnt (all of London), Mr. J. K. Wilkes (Darlington), Mr. A. A. Lyddon (Bristol), Mr. Carryer (Burslem), Mr. Morley (Bradford), Mr. G. Walter (Northampton), Mr. Walker (Leeds), Mr. Hollins (Dudley), Mr. Ballantyne (Glasgow), and Mr. J. 0. Garland (Leith). Then came the question of how the sinews of war were to be pi'ovided. After many differences of opinion had been expressed, it was resolved, '" That after the conclusion of the Meeting the Association, now formed, shall consist only of such ]\Iemljers of the Trade as shall either guarantee a sum of not less than two pounds, or who shall subscribe a sum of not less than one jjound." The new Executive met the next day, and, among other business done, was the election of a Sub-Com- mittee — as the Executive was much too large a body to remain long in London — consisting of the Chairman, Treasurer, Hon. Sec, and Messrs. Telfer and Eaton. In a few days an office was secured in Palace Chambers, Bridge-.street, Westminster, and tlie work of defence was earnestly and at once commenced. The author or instigator of this attempted mis- chievous and obnoxious legislation is a somewhat remarkahle man, of whose career it may be interesting to give a brief sketch. Chas. Edward Howard Vincent, O.B., was born in the year 1849, and was, at the time of the introduction of the Stolen Goods Bill, just thirty-two years of age. He is the son of the Rev. Sir Frederick Vincent, eleventh baronet, and was educated at Westminster and Sandhurst. He entered the Royal Welsh Fusiliers in 1868, and retired as Lieutenant in 1873. He was Captain in the Royal Berkshire Militia, 1873 to 1875 ; Lieutenant of the Central London XL i'i;t-:i'AFMN(i roll the hatiM'; 309 Rangers, and became afterwards and is still Colonel of the Queen's Westminster Volunteers. He was called to the Bar at the Inner Temple in 1876. Mr. Vincent went to the South-Eastern Circuit, and practised in the Probate and Divorce Divisions of the High Court of Justice. He entered at the French Bar in 1877. About 1878 a great discovery of fraud and corruption was made in Scotland Yard, which i-esulted in the trial and conviction of such prominent members of the detective force, as Meiklejohn, Druscovitch, and several others. This gang entered into a gigantic conspiracy to defraud a French Countess, from whom they suc- ceeded in extorting fabulous sums of monej-, and were tried and sentenced to long periods of penal servitude. Whether or not the Chief Police Authorities con- sidered that in Mr. Howard Vincent a Hercules to cleanse their "Aiigean Stable" was to be found, we know not, Ijut in March of the above named year, he was placed at the head of a newly created department, with the imposing title of the Director of Criminal Investigations. Anxious no doubt to justify his appointment, he worked like the newest of new brooms, and it may be that he found pigeon-holed in his office the rejected clauses of the Habitual Criminals Bill, which some years previously had excited the admiration of Colonel Labalmondier, one of his chiefs. If so, he went con- siderably beyond the severity and rigour of those clauses in his Stolen Goods Bill. His subsequent career may be summarised briefly. In 1882 he married an heiress, and about two years after retired from the police, after which he and his wife made a tour round the world, and on his return to this country he became a convert to toryism. In 1885 he was returned by a majority of 90^3 for the Sheffield Central Division, and again in 1886 l)y an in- creased majority of 1,196. His wife, as well as being 310 HISTORY OF PAWNBROKIXG CHAP. daughter of a millionaire, displayed considerable literary ability, and wrote a book entitled " Forty thousand miles over land and water." Such is the man who essayed to place the whole body of Pawnbrokers under the ban of the police. The Stolen Goods Bill, in the first draft, con- sisted of 32 clauses, and two schedules. The pro- visions were of the most stringent character, bristling with penalties to be inflicted upon offenders, while they conferred powers of the most dangerous elasticity and amplitude upon the police officers. These wary and astute individuals, with that keen instinct which the race possesses for promotion, had only to state that they had reason to believe, and did believe, that certain articles were in some premises named by them, *' although such officer does not specify any particular reason for his belief," and the Court was to grant a special search warrant. Armed with this authority and with such assistance as might be necessary, the officer could enter the premises mentioned in the warrant, and there search for, seize and take away all articles there found tvhicli appeared to him to have heen stolen, and take the same before the Court. Then on prima facie evidence to show that the articles had been stolen, the Court could order the same to be detained till the true owner had been found ; and if the person in whose possession the goods were found, had reason- able cause to suspect they were stolen, and failed to give information, he was to be liable, for a first offence, to a penalty of five pounds; for a second offence, twenty pounds ; and for the third £50, or a month's imprison- ment with or without hard labour. Similar delightful, but unprofitable fines were to be inflicted when a person failed to give information, or concealed, melted, defaced, or altered any stolen articles. Then if a person bought any old gold or silver or other precious metal, or second-hand watches, or jewellery, he was XL PKEPARIXG FOK TH?: liATII.E 311 not to alter or melt the same within seventy-two hours ; he must keep a book and enter all particulars of such purchases ; a constable was to be allowed to ■examine the book, and if the ])urchaser refused this privilege, he might be fined five pounds, or fifty pounds. If a person offering an article for sale, or in pawn, should be unable or refuse to give a satisfactory account of how he became possessed of the article, he would be subject to the penalty of twenty pounds, and if the Court should consider there was sufficient prima facie evidence to show it was stolen, then imprisonment for a month with or with- out hard labour. It was also to be enacted that when a police notice, as provided by the Act, had been given to a Pawn- broker, relating to a stolen article, he should render assistance without unnecessary delay, by giving infor- mation to thej chief officer of police, Avith a description of the person from whom the same was received, and the name and address of such person, and should permit a constable, specially authorised, to inspect all articles of a similar description, or the aforesaid penalties would be inflicted. Clause 15 was one of the most severe and dangerous in the Bill. It provided that " Where a Pawnbroker is convicted of an offence punishable under the Pawnbrokers' Act, 1872, or this Act, and has previously been convicted of the same, or any other offence under the Pawnbrokers' Act or this Act * * * the court before whom he is convicted may -direct his licence and his certificate (if any) to he endorsed ivilh a record of liis conviction, and if any conviction has been endorsed on the licence or certifi- cate within five years previously, may direct his licence and certificate to be forfeited. Where a licence or •certificate is directed to be forfeited, the then existing licence shall be void" 312 HISTORY OF PAWNBROKING CHAP. Uuder the above enlightened provisions, if a Pawn- broker happened to be fined for taking goods from children, serving a drunken person, or by any inad- vertence committed the smallest offence against either Act, there would be endorsement and ultimately forfeiture of the licence. Under such a law it was felt Pawnbroking could not exist. Then there were supplemental provisions as to endors- ing licences ; another clause was that if a Pawnbroker should be convicted of any offence against the Act of 1872 "or this Act," the Court might direct that he should be registered at the office of the Chief Officer of Police for the district. The registration of a Pawn- broker should be in force for a period not exceeding three years, but should he commit another offence within that period the Court might order a further period of registration. Next we had a clause of eight paragraphs giving the effect of registration. A Pawn- broker so registered should not remove or open new premises without giving notice to the police; he should enter in a book particulars with respect to all articles he became possessed of, or sold, or disposed of; he should not take in pawn, purchase, or receive, sell, or deliver any article before the hour of nine in the morning, or after six in the evening ; he should, when required, produce his books to the police, and any article in his possession, and permit the officer to examine the same. He should keep all articles taken in pawn, purchased, or received by him, for a period of seventy-two hours withovit changing the form or disposing of them in any way. The penalties for any offence named in this clause were : first, £5 ; second,. £20 ; third, £50, or one month's imprisonment ; and in failing to give notice of opening new premises, ten shillings a day for the time he carried on the business. Then there was a trap laid for Managers and Assistants. Fearing the employer might escape XL PREPARING FOR THE BATTLE 313 punishment by pleading that certain offences were committed without liis knowledge, it was provided that agents or servants of Pawnbrokers and second- hand dealers should be liable to the same punishment as the Pawnbroker or secondhand dealer. The Pawn- broker should be entitled upon information duly laid by him to have the person (servant or agent) he charged as the actual offender, brought before the Court at the time appointed for hearing the charge, and if the Pawnbroker proved to the satisfaction of the Court that he had used due diligence to enforce the execution of the Act, and that the said other person committed the offence in question without his know- ledge, consent, or connivance, the said other person should be summarily convicted of the offence and the Pawnbroker should be exempt from any punishment. It is difficult to speculate as to the effect the above provisions might have had upon the future supply of Pawnbrokers' Assistants ; but a reasonable inference would be that young men would avoid entering a business so dangerous, and would prefer a trade in which they were not lialjle to ]jains and penalties, and free from the probability of one month's imprisonment with or without hard labour. But this is only one instance of the impracticable and tyrannical character of the Bill. There were other claixses providing for police notices: specially authorized constable; definitions of Pawn- brokers and secondhand dealers ; definition of stolen property, which was to include " embezzled," " fraudu- lently obtained," &c. We have, however, shown in the brief summary of the measure that no Pawnbroker could exist under its provisions, and that the struo-cyle just commenced was to free himself from the in- tolerable despotism of the police. CHAPTER XLI PRELIMINARY SKIRMISHING A TRUCE The Sub-Committee of the newly organized " Pawnbrokers' Defence Association," lost no time in getting steadily and earnestly to work. An office was taken in Palace-chambers, Bridge-street, West- minster, directly opposite Palace-yard and the en- , trance to the Houses of Parliament, and in five days .after their election the small Committee commenced work and were in daily attendance. On the 28th. April a stirring appeal, signed by the Chairman and Hon. Secretary was circulated to nearly 4,000 Pawn- brokers in Great Britain and Ireland, and resulted up to May 17th in guarantees and subscriptions .^.mounting to £1,089 being in the Treasurer's hands. It was evident that the Trade was thoroughly aroused „and determined to defend itself against the police .attack. Some estimate of the amount of work which, suddenly devolved on the Sub-Committee may be formed from the fact that soon after the address iiad been in the hands of all Pawnbrokers who .could be reached, there were not less than 181 letters received by the morning's delivery, and others followed by every post throughout the day. Copies of the Bill accompanied by ex- ■-CHAP. XLI PRELIMINARY SKIRMISHING 315 planatory letters were sent to Lord Sandon, the Mar- quis of Salisbury, Earl Dalhousie, and many other peers, and a large number of Members of Parliament, while letters of introduction were received daily from all parts of the country. The Hon. Secretary prepared a statement for the ■ defence of the Trade against the passing of the Bill. It dealt categorically with every clause and explained the difficulties and dangers which w^ould result there- from and the degradations such a measure would inflict upon a body of respectable and upright Trades- men. When completed this document with some valuable statistics appended, under the title of ■" Observations and Eeasons " upon and against the Bill, was printed and circulated largely to Peers, Members of Parliament and influential friends who had promised assistance and introductions. It was also forwarded, previous to interviews, to the Lord Chancellor, Marquis of Salisbury, Earl of Shaftesbury, and many others who were likely to be interested in the subject. The Lord Chancellor was then written to, asking his lordship to be good enough to receive a deputation from the Pawnbrokers, and to kindly name an early day for so doing, as the time for the second reading of the Bill was fast approaching. A courteous reply was received fixing Wednesday, May 11th, when his Lord- ship would see them, and suggesting that the number should be limited to twelve or fifteen. On the day named the following gentlemen repaired to the Lord Chancellor's room in the House of Lords : — Messrs. Eichard Attenborough, Eussell, Grantham, Telfer, Eaton, Lawley, and Hardaker, representing the English Trade ; Messrs. McKay, Garland, and Brown, ■Scotland ; and Messrs. Chaffey, and Bentley, of Dublin. Lord Dalhousie and Mr. Howard Vincent were present with the Lord Chancellor. 316 HISTORY OF PAWNHKOKING CHAP, The Hon. Secretary opened the proceedings and', made enquiry if the Committee's statement had been received by his Lordship, and was answered in the- affirmative, with the assurance that it had been read and notes made on the points to which attention had been drawn. The Hon. Secretary then urged the withdrawal of the Bill as it affected them seriously, not only as Pawnbrokers, but also as dealers in second- hand goods, besides which there was no proof that such a measure was at all necessary. There appeared to be some misunderstanding as to the meaning of the terms "Brokers " and "Pawnbrokers," as they were used in the Bill. If such a Bill were passed into law, a Pawn- broking business would become valueless in the market and the means of earning a livelihood would be denied to those who were embarked in it. Mr. Attenborough followed with a long and clear criticism of the Bill, showing how hardly it would; apply in instances of goods of similar patterns being- taken away, very much to the annoyance of the- legitimate owner, and the exposure of his circum- stances. The ])erson, too, whose circumstances might be thus revealed, might, in many instances, belong to the upper classes of society, both in this country and on the continent. One clause would also introduce a very inconvenient extension of the definition of " Stolen Goods," which would embrace many trans- actions not of a criminal character. Mr. J. A. Telfer drew attention to the fact that already in the Pawnbrokers' Act of 1872, a Pawn- broker might be deprived of his licence if he were " convicted on indictment," for fraud in his business. In the new Bill the licence might be forfeited by the successive commission of three trivial offences — per- haps of an involuntary character — thus placing the Pawnbroker's capability of pursuing his calling in such jeopardy as would render his business almost valueless XLI PRELIMI.VARY SKIRMISHING 317 and would prevent respectable persons devoting themselves to the practice of so precarious an employment. Mr. Lawley strongly urged the withdrawal of tlie Bill as the respectability of the Trade rendered it 'quite unnecessary. Mr. John Grantham said he represented an impor- tant section of the Trade — that of Manchester. He .had an extensive knowledge of it, as he had been Hon. Secretary to the local Association upwards of 16 years, and he could say with every confidence, that .he did not know of any necessity for such a Bill, as the police already possessed sufficient power to enable them to recover any property which had been stolen .and found its way into the hands of a Pawnljrokei'. The Trade felt the humiliation at the fact that their business should be inserted in a Bill havine for its object the recovery of stolen jiroperty. Mr. Eaton supported what had been said by previous speakers, and that he knew it was a common jiractice in the provincial trade to carry on the sale business in shops forming part of the Pawnbroking premises. He pleaded that the new Bill should not be imposed upon them without a full inquiry before a Select "Committee. Mr. Bentley on Ijehalf of the Dublin Trade said there • existed no need to include them in the Bill, as the Irish Act already provided for the satisfactory inspec- tion of the books, stocks, etc. Mr. McKay said .although it was not the custom for Scotch Pawn- brokers to buy and sell over the counter, they were willing to stand by their English friends in resisting . such a Bill. After a few other remarks from members of the -deputation, the Lord Chancellor replied tliat he would give every attention to what he had heard, but he •could not help thinking there was a good deal of 318 HISTORY OF PAWNBROKIXG CHAP,- unnecessary alarm expressed. At any rate, no harsh- ness was intended towards Pawnbrokers, and perhaps some alteration might he necessary to remove such alarm. He should also have no objection to refer the- Bill to a Select Committee of the House, and, of course, evidence would be taken. The customary form of thanks was expressed to his Lordship as the- deputation withdrew, the interview having lasted exactly an hour and a half. On the day following, through the intercession of Lord Sandon, the Chairman, Hon. Secretary and Mr, Telfer, obtained an interview with the Marquis of Salisbury. A copy of the "Observations and Reasons"" ■was in his Lordship's possession, and he informed the- deputation that he had carefully read it. A descrip- tive criticism of the various objectionable clauses of the Bill was entered into, and the disastrous results were pointed out which might be expected both to- the public and the Pawnbrokers should the Bill become law. Lord Salisbury in reply said two points appeared to • strike him ; the first was that the Bill ivas the outcome- of police desires, and he thought it very unusual to introduce such a Bill without inquiry. The second was that it looked like an attempt to introduce some of the features of the French system, which he thought ■was not required in this country. The interview closed in a friendly conversation, and his Lordship expressed his willingness to see the gentlemen again should it be thought necessary. On the afternoon of the same day, Thursday, May l'2th, the Lord Chancellor moved the second reading of the Bill. In the course of his speech he said the Bill ■was intended to increase the power now possessed by the police to recover stolen goods, and to make several provisions calculated to discourage the receivers of stolen property. The police authorities had com- XLI PREI.I.MrXAItY SK'IRMISHIXG 319" municated with the difft'i-eiit branches of the ])olice established in various parts of the coimtry. to ascertain their opinion as to the necessity' for furtlier legislation; the general opinion was that further legislation ivas necessary, and would be likely to check the evil.* He was told the authorities, the chief magistrates cnicl police officers, all concur that there is a great difficulty in tracing stolen goods, as there is nothing to show the officers where to search. It was with some surprise that he learned that the members of an exceedingly respectable trade of the country, the Pawnljrokers, were alarmed as if it were a measure especially against them. When he stated the jirovisions to their Lord- ships, they would find there was no ground for those suppositions. He found it stated that one of the reasons against the Bill was that Pawnbrokers and receivers of stolen property were identified in it. That was a matter he had tried to rectify. No one could be more sensible than he was of the very great and high respect due to the Pawnbrokers, therefore, to confound those two together was an error which no one of sense would be guilty of. But it was certain that even the most upright and honest Pawnbrokers were sometimes induced to take goods that had been stolen; and while there were Pawnbrokers with the greatest standing and integrity, there were others who were by no means so scriqoulous as they ought to he. The Lord Chancellor then proceeded to expound the provisions of the Bill, and concluded by saying that he thought it was entirely in the pul)lic interest, and by no means threw restrictions upon the Trade, and as it was going into a Select Committee he would not trouble their Lordships furtlier. * We presume this always lias been and always will be the opinion of every policeman, because he is puzzled to know ■where stolen property goes to. 520 HISTORY OF PAWNBROKIXG CHAP. The Marquis of Salisbury was the only other speaker in the debate — if it could 1)e so called — and we give his words verbatim as they were specially reported at the time. His Lordship said : — " The Bill which my noble and learned friend has laid before your Lord- ships' House, and asked your Lordships to read a second time, has been accurately described by him, as a Bill similar in many respects to a Bill which he is about to bring forward presently, to increase the power of one class of her Majesty's subjects, and, of course, by increasing the power of one class in certain directions you necessarily restrict the rights and liberties of certain other classes of her Majesty's subjects.* There is no doubt but that all parties in the State are persuaded that the law respecting the recovery of stolen goods should be amended, but when it is proposed that the jjowers which are provided by this Bill should be entrusted to police officers, then I think it is the duty of your Lordships to watch very vigilantly these proposals, since they have not been .subject to any ])ublic or ])arliamentary scrutiny. My learned noble friend relies almost entirely on tJie evidence of th.e police. I have great respect for the police as a body, but I think that when such a Bill as this is framed other opinions besides those of the police require to be taken. The Bill as it stands is one which has created much alarm amongst a respectable class of traders — the Pawnbrokers — and the alarm has had its effect upon the mind of my noble and learned friend. If it were attempted now to push this Bill ;through this House without further enquiry, in my opinion its provisions would require the most careful scrutiny. But it has entered the judicial mind of my noble and learned friend that the Bill, as it stands, requires amendment, and he has intimated in what * The Criminal Code Bill : police. XLI I'KEI.IMINAKV SKIKMLSHING 321 manner he ])roposes to amend some of the most objectional clauses. If these are not satisfactory, then the noble and learned Lord has promised to send it to a Select Committee. I believe that is the wisest course that can be adopted." The Bill was then formally read a second time. From this time the Sub-Committee were bu.sily ■engaged in the preparation of evidence, collection and arrangement of statistics, in anticipation of the first sitting of the new Select Committee. Several modifications had been made in the Bill, the most important of which was the withdrawal of the registra- tion clauses, so far as regarded the Pawnbrokers ; but what the Defence Association most sought for was •entire exemption from its provisions, and the Lord Chancellor was written to, to concede this before the Select Committee was appointed ; had he done bo the campaign would have ended, and the tedious and expensive labour of going through Committee would have been saved. A letter was received from Mr. Kenneth Muir Mackenzie, principal Secretary to the Lord Chancellor, which said, " I am directed by the Lord Chancellor to acknowledge the receipt of your letter of the •27th inst., and to say that the Bill cannot be further altered before going to the Select Com- mittee to which it was agreed that it should be referred, but that it will be open to any one of the Members of that Committee to move such an amend- micnt as you propose, while it is under their con- sideration." The pressing Parliamentary duties of the Sub- dommittee were, soon after this time, somewhat relaxed by the Whitsuntide recess, which extended over ten days ; but the uncertainty as to how soon the Select Committee might be appointed, made it necessary for those who remained in London to be incessantly at work. Upwards of one thousand forms w 322 HISTORY OP PAWNBROKING CHAP. XLI to be filled in with statistics were sent direct from the London office, while Manchester, Liverpool, Leeds, and other important centres, circulated forms specially prepared for their own Members, a large portion of which were duly filled in and returned to the Sub- Committee. It was not until the 20th of June that there appeared upon the Parliamentary papers a notice of the Select Committee to be named. On the 21st a list of the Peers selected was published as follows : The Lord Chancellor, Earl Waldegrave, Earl Morley, Earl Beau- champ, Earl Cairns, Viscount Sherbrooke, Lord Aberdare (the Mr. Bruce, Home Secretary of 1872), Lord Winmarleigh, and Lord Ramsey (Earl Dalhousie), with a notification that the Committee would sit for the first time on Friday, June 24th. The work at that period for the Sub-Committee became of the most exacting character, involving unceasing attention for many hours each day. Statistics, from all parts of the country, arrived in considerable quantities, which were carefully tabulated for future use. Two important points had been gained by getting the Bill referred to a Select Committee; first, time, w^hich is a most important factor in all parliamentary strategy ; and second, the opportunity of hearing the indictment against the Trade which Mr. Howard Vincent had drawn, and to which the Pawnbrokers had to prepare their defence. CHAPTER XLII IN COMMITTEE IX THE LORDS — MR. HOWARD VINCEXT's SEVEX "FAIRY TALES " On the 24th of June the Select Committee sat for the first time and appointed their Chairman, which was, of course, the Lord Chancellor, who practically held the brief on behalf of the police, as was apparent from his speech on moving the second reading of the Bill, and he now almost assumed the position of a judge. During the short sitting, a messenger was sent out of the room, to say the Lord Chancellor would speak with the Hon. Secretary. His Lordship informed the Secretary that it had been decided to take the evidence of the police first, which would commence on Monday, July 4th, and he wished to know how many witnesses the Pawnbrokers proposed to call. Some half-dozen, probably, was the reply. His Lordship said nothing could be more reasonable; he requested that a list of the witnesses should be prepared and sent in to the Committee clerk not later than the following Wednesday. On Friday, July 1st, the Com- mittee sat again for a short time in private to arrange order of procedure. A message was again sent out to the Sub-Committee who were in attendance, to say that the Committee would sit to take evidence and w 2 324 HISTORY OF PAWNBROKING CHAP. that no persons would be admitted but those gentle- men whose names had been sent in as witnesses. The battle began in earnest on Monday, July 4th, when the enemy unmasked his batteries and opened fire. The attack in the first instance was of somewhat feeble character, the first witness being Sir James Taylor Ingham, then the Chief Metropolitan Police Magistrate. The state of the law, this witness said, with regard to tracing stolen property was not satis- factory. The powers contained in the Metropolitan Act were inadequate. He would point out one thing particularly. There was a clause which enabled ■constables to stop persons in the streets who were carrying suspected articles, and the constable might take them before a magistrate, who, after inquiry, might inflict a fine or commit the person to prison for two months. The magistrates formerly imagined that the warehouse, or premises of such persons, might be searched, and if any suspected articles were found, the possessor of the articles might be brought before the magistrate, who could deal with them. But there was a decision of the courts of law Avhich showed the magistrates that they were ■wrong, and the decision materially abridged their power of dealing with receivers of stolen goods. They (the police) wanted power to search premises, and the witness thought it desirable that the powers of the magistrates should be extended. Under the Pawnbrokers' Act if the court is satisfied on oath that there is reasonable cause to suspect, a wai*ranfc may be granted, but in all these cases the language of the statute is such as to throw upon the magistrate a greater burden, at least, to make him think it was his duty to require a greater burden of prima facuM, proof, than is consistent with the object of the inquiry in that stage. It may, perhaps, be instructive to point out that tlie replies here given were actually only XLII IN COMMITTEE IN THE I.OKUS 325 assents to elaborate and leading queries peri])hras- tically put by the Lord Chancellor. The replies generally were "Yes," "Certainly," "I think so." In fact, the whole evidence given b}- Sir James Ingham consisted of expressions of opinion. As an instance, taken hap-hazard, as we are looking through the " Minutes of Evidence " for our extracts to record here, we come upon question No. 46, which the Lord Chancellor put to the witness thus : " Then we come to the 6th clause, and that raises the questif)u to which you were addressing yourself before, of thje time in which a dealer in j)recious or other metals, shall not melt or alter the form until after that time (72 hours) has expired. You were aljout to make an observation, I think, upon the time ? " To this the witness said: "J /itwe no practical acquaintance loith this matter, but I should certainly think 72 hours a very short time ; I should propose at least seven days." It will be seen from this single extract that the evidence was of no practical value : the witness would suggest a longer period than was drawn in the Bill, for no other reason, logically, than that he knew nothing whatever about the subject. So he thought the police should have greater facilities for search, because they had not the ability to discover what became of stolen property, but assumed that all goods that could not be found must be in the possession of Pawnbrokers. He thought that authorized constables should have power to examine goods themselves if they were not satisfied with the mode in which the Pawnbroker examined. A person intending to cheat would make an illusory examina- tion ; a " slippery Pawnbroker " would make an illusory search. The witness thought also that Pawnbrokers should close at ten o'clock on Saturday nights. "My own opinion," added the witness, "is not worth anything upon that point ; I can only say 326 HISTORY OF PAWNBROKING chap. that 1 am an advocate for closing Pawnbrokers' shops at the earliest possible hour." In reply to Lord Aberdare, the witness thought that goods pawned at night were alwaj-s pawned for drink. In the concluding portion of the evidence the Lord Chan- cellor, addressing the witness, said : " It has been pressed upon me by very respectable members of the Pawnbroking business that it would be safe to exempt them altogether from the Bill ; I collect that that is not jovLv opinion." "Most certainly not," was the reply. " There are in that Trade," continued the Chairman, answering the question himself, "persons very unlike the principal and very respectable members of it who are among those that do receive stolen goods P " The witness replied that he was glad of the opportunity of bearing testimony to the great respectability of many of the Pawnbrokers, and to the services they rendered to the public in bringing persons before the magistrates when they had offered suspicious articles. "At the same time, I must say that there are some Pawnbrokers who are notlii)ig better than receivers of stolen goods, and I think it would be a scandal if some effort were not made to check the practice of these Pawnbrokers." Let the reader note that throughout the entire evidence, not one word of proof was uttered to justify either the Lord Chancellor or Sir James Ingham in the defamatory and opprobrious language they used, or the conclusions and beliefs they expressed, in re- gard to the Trade of Pawnbroking. Now entered the hero of the hour, Mr. C. E. Howard Vincent, who took his seat as the next witness. The usual preliminary queries as to posi- tion, profession, &c., were gone through, and then the Director's opinions were elicited. His duty, he said, was constantly directed to the means of tracing stolen property ; it was his opinion that the powers XLII IN COMMITTEE OP THE LORDS 327 of the existing law were certainly not sufficient for the purpose. The Bill introduced was prepared under his superintendence ; he had communicated with the police authorities in other parts of the •country, and he found that 69 chief officers of police in counties, and 166 chief officers of cities and boroughs, making a total of 235 chief officers, were in favour of the Bill. It was drawn upon the same lines as regarded stolen goods as the Glasgow Police Act ; there were also numerous local Acts which provided for the objects contemplated hj the Bill. Mr. Vincent described the method of search then existing, varying little from the opinion expressed by Sir James Ingham. He added that for want of power of search, it was an absolute im- possibility to trace stolen property. The clauses of the Bill were discussed by the Lord Chancellor, Lord Aberdare, and the witness, until the 7th and 8th sections were reached. These required from Pawnbrokers,* the examination of their books, and the production of articles upon proper inquiry being made, and the witness found that as the law stood there had been frequent difficulty in obtaining in- formation, where afterwards it was proved that the .articles were in the hands of the persons from whom inquiry had been made. There were many respectable Pawnbrokers, but there was the utmost difficulty in obtaining information in answer to in- quiries. He had numberless instances — innumerable instances — but he would produce seven, which were perhaps a little worse than the others. In answer to a subsequent question (No. 207), Mr. Vincent said lie had in all 69 other cases, therefore it was, to say the least, mild exaggeration to say they were "num- berless," when he had himself enumerated them. * The Bill mentioned "and second-hand dealers," but we • confine our remarks to its bearing upon Pawnbrokers only. 328 HISTORY OF PAWXl^ROKIXG CHAP^ The seven worst cases Mr. Vincent had woven into little narratives or storyettes, as it is the- fashion to say in these days, and he seemed to be able to rival the lady story-teller in the Arabian Nights had he the material within reach. Each little story — or more properly fable — we propose to give verbatim et literatim, so that our readers may be acquainted with the incomparable turpitude o£ which their fellow tradesmen have been accused- We take: Story No. 1. — "In the case of a robbery of jewellery worth £30, the description was inserted in the Pawnbrokers' list, and special inquiry insti- tuted regarding it. Nothing was discovered until the thief was apprehended, and stated where he had pawned the things. During the trial, the various articles were brought into court by several Pawnbrokers' assistants, none of whom could identify the prisoner as the person who had pawned the articles." Non-identification is a heinous offence in the eye of a policeman, but people with ordinary capacities might conclude that the prisoner nevei- himself pledged any of the goods, which is highly probable. Story No. 2. — "A servant girl absconded, steal- ing a gold watch, the property of her master. A constable called on Mr. D., Pawnbroker, and asked if such a watch had been pledged with him. He- said he had not seen it, but that if he did he would communicate with the police. Some days later the thief was apprehended, and she told the constable that she had pledged the watch with Mr. D., on the day of the theft. The Pawnbrokers' book on examination showed this to be a fact and the watch was found. The Pawnbroker was requested to pro- duce it at the police court, but he declined, saying it was inconvenient to do so. He was again re- XLII IN COMMI'ITEE OK THK LOKDS 329' quested to attend, but still refused, and a summons •was issued to compel his attendance. His assistant, however, appeared in his place, and stated as a reason for his master's refusing to appear, that he was prevented by important business. The magi- strate remarked that Mr. D.'s condvict was dis- graceful, in treating the order of the court with contempt, and in not giving proper information to the police. He directed that the watch should be given up without com])ensation, and requested that the reports in this case should be kept for refer- ence, should any fixrther misconduct take place on the part of the Pawnbroker." The Pawnbroker's defence will be found in the following chapter of this veracious history. Story No. 3. — "A convicted thief, and receiver o£ stolen property, named Elliot, pawned a number of bank notes with Mr. B., a Pawnbroker; Mr. B. was informed by an inspector that about 20 of such notes had been taken in pledge at his establish- ment. He replied, ' Yes, I know, and I know Elliot very well ; I have heard that he is a convicted thief.' The inspector asked Mr. B. to furnish him with the numbers of the notes, but he declined to do so. Particulars were then given to Mr. B. of about 40 bank notes which had recently been stolen. He refused to let the officer see those in his pos- session, but said, ' I will see if they answer the description of those you have mentioned.' He then left the shop for a moment and returned saying,. *I have not got any of the notes you have de- scribed.' Subsequently a Pawnbroker's duplicate was found in Elliot's possession for a Bank of England note for £100, pledged with Mr. B. There was not sufficient evidence to detain the prisoner on the charge upon which he was apprehended, but a copy of the duplicate was taken. The inspector called the 330 HISTOltY OF PAWNBROKING CHAP. following day and asked to see the note, but thd Pawnbroker said 'It was taken out this morning.'" Not an unnatural jjroceeding for a man to take who had just escaped from the clutches of the police. Story No. 4. — "Two men were arrested for house- breaking, and in their possession were found the proceeds of a larceny committed at a certain house. Everything was found with the exception of a lady's gold chain, and from information received, it was surmised that the chain had been pledged at Mr. D.'s, on whom the inspector called, and Mr. D. replied, ' You are always coming and annoying me on my busy nights, you fellows are a great nuisance to me,' and other similar remarks. He then looked at his books, and said he had nothing of the kind required. The inspector then left the shop, returning later on to inquire again ,but without better result. On the same night the ticket for the chain was found at Dartford, showing that it had been pledged with Mr. D. When the ticket was presented to the Pawnbroker, the latter stated that he had found the chain after the inspector left and had sent it to Bow-street. On inquiry being made at the police station, nothing was known of the fact." This was rather a lame and impotent conclusion ; the story does not appear to have been constructed with the author's usual ability. Story No. 5. — " In the case of a robbery of rings, an accurate descri})tion was given, woodcuts were inserted in the lists, and a reward of £200 was offered, but no information was obtained for two months, when the thief was apprehended. The pawn-tickets found ui)()n him showed that seven Pawnbrokers held jjortions of the articles stolen, woodcuts of which had been supplied to them. The thief was also in ])ossession of another ticket relating to ^a gold w.itcli, pledged for £10, its real XLII IN COMMITTEE OP THE LORDS 331 value heing £70. On inquiry it proved to be stolen, and although the owner's name was engraved u])on it, no information was given on the subject by the Pawnbroker." Story No. 6. — "Certain goods to the value of £100 being stolen, their descriptions were circulated in detail, the distinctive marks on several of the articles being given. The special attention of Pawnbrokers was called to the accurate description, but no informa- tion was obtained until the pawn-tickets were sent anonymously to the jeweller from whose shop the articles had been taken. Three tickets showed that the things had been pledged with the very Pawn- brokers, in various parts of London, wlio had denied all Icnowledge of them." Mr. Vincent appears to have overlooked the pro- bability, that if the Pawnbrokers who had " denied all knowledge " of the stolen goods, had desired to keep possession of them — which is implied — they would not have committed the foolish act of issuing pawn- tickets at all, which are, as Mr. Telfer later on told the Select Committee, " the best automatic detectives in the ivorld." Story No. 7 and last. — "A servant, known to a Pawnbroker, brought valuable articles to pledge and gave a name and address which he Tcnew to he false. Inquiry concerning the property was made by the police, but the Pawnbroker denied all knowledge of it until the arrest and admission of the thief." It is utterly impossible to accurately describe the deep feelings of indignation, shame, and humiliation which animated the Sub-Committee, as they, helpless and defenceless, heard these accusations. They felt that these stories were gross exaggerations, and must be capable of explanation, so that when the Select Com- mittee rose for the day, the Hon. Secretary went at 332 HISTORY OF PAWNBROKING CHAP, once to Mr. Vincent and requested to be fiu'nished with, the names and addresses of the Pawnbrokers whom. lie had that day publicly pilloried for dereliction of duty, and whose characters it was impossible to cleai- until it was known who they were. He promised the names should be sent the next day. In corroboration! of this, Mr. Attenboroiigh, the Chairman, preferred the same request, when Mr. Vincent replied : " Yes ;. I have promised them to Mr. Hardaker." The same evening the Hon. Secretary wrote to Mr. Vincent reminding him of his promise, and two days later a reply was received in which he refused to regard that promise. After a string of sophisms excusing his breach of faith, the writer said: "But on further consideration I think it inadvisable to relieve police reports of their confidential character, or by com- municating them to you to afEord ground for any departure from that friendly feeling the public interest demands between the Pawnbroking Trade and the police, and which it has been and will be my aim to encourage and develop." The next day the Select Committee sat, and before taking evi- dence, the Hon. Sec. stepped forward and informed the Lord Chancellor what had occurred, and asked his Lordship to be good enough to make an order for Mr. Vincent to furnish the required informa- tion, so that rebutting evidence might be given.. This his Lordship declined to do, saying, the Select Committee were not appointed for the purpose of making personal investigations ; such a course would, be altogether outside the object for which they were appointed, and he might have added that we permit Mr. Vincent to make personal allegations, but we cannot allow the victims of his vindictiveness the opportunity of saying one word in their own defence. As for the rest of the evidence given in favour of the Bill, we have little to say. There was XLII IN COMMITTEE OF THE LORDS 333 a Mr. W. Alexander Brown, the Procurator Fiscal of the Lower Ward of Lanarkshire, and he was kind enough to give his opinion that Legislation in the direction of the Bill was much required for England (in which he had had no experience), but act in Scotland, as he thought they had most of the powers alread3^ Then we had our old friend Mr. Alexander McCall, Chief Constable of Glasgow, who appeared against the Trade in 1870. Our limited space will not permit us to follow him, but the general tenour of his evidence was in favour of the Bill, but he would make it more imperative. In Clause 9 for instance, where " a Pawnbroker may seize and detain " a suspected person, he would substitute " shall." Then said Lord Aberdare : "That a little Pawnbroker should seize a big thief, you mean ?" " He would have a good excuse for not being able to detain him," was the wily reply. Then followed a Mr. Carpenter, of Brentford, a retired metal merchant, who had volunteered evi- dence. His observations did not apply to Pawn- brokers. Mr. John Mallon, Superintendent Detec- tive Department, of the Dublin Metropolitan Police, who spoke of *' the amicable arrangement " which existed between the Pawnbrokers and the police, which allowed the latter to examine the stocks when in search of stolen goods. The Irish Act provided that Pawnbrokers should commence business at ten in the morning, and close at four o'clock in the afternoon, from September to March, and ten to seven the remainder of the year, but by " the amicable arrangement" they were allowed to open at 8.30 and close at 7 all the year round. In reply to Earl Beauchamp, the witness said that it would not be too strong an expression to say that the Pawn- brokers were under the thumb of the police. Messrs. Claffey and Cummins, Pawnbrokers from Dublin, 334 HISTORY OF PAWNBKOKING chap. XLIi had previously been examined, and pleaded that such a Bill was not required, as the police were- allowed to search and examine the books if they wished. Mr. Malcom Wood, Chief Constable of Man- chester, also gave evidence, which was mainly an exposition of the Manchester Police Act of 1844, and its working. The police, he said, received every facility from the Pawnbrokers. Mr. Howard Vincent had thus opened his case against the Pawnbrokers. The indictment consisted of general charges of neglect and carelessness of members, in not giving prompt information with regard to the reception of stolen property, and seven specific charges against individual Pawn- brokers for conduct which made it necessary to place four thousand honest tradesmen wholly and helplessly in the power of the police. CHAPTER XLIII A PETITION FOR JUSTICE — TARDY CONCESSION It would hardly be believed that in the en- lightened and cultured days of the latter quarter of the nineteenth century, that it woiild be neces- sary to appeal, time after time, to the highest legal authority in the land, for permission to defend a man's character and reputation from insinuated charges of practices, which, if proved, were little short of criminal. Yet such was the case in 1881, when Mr. Howard Yincent was permitted, before the Select Committee, to detail serious and disreputable transactions against individual members of the Pawnbroking Trade, and those members were denied the common right of every prisoner in Her Majesty's dominions — that of calling evidence for the defence. The Lord Chancellor had, as we have shown previously, when applied to replied, that they were not appointed for the purpose of making personal investigations, and yet charges had been admitted against respectable men, who were to be judged and condemned, without one word being heard in their defence. Smarting under the sense of this cruel injustice, two or three members of the Sub-Committee sought the advice of a nobleman of high rank, who had 536 HISTORY OF PAWNBROKING CHAP. before given kindly assistance and counsel. The position of affairs was fully described to his Lord- ship, Avho sympathised with the Pawnbrokers' grievances. His Lordship advised that a" strong statement be drawn up, detailing the matters on which the Pawnbrokers felt aggrieved, and asking for leave to give rebutting evidence. If the leave should be refused, they might then ask that the statement be allowed to be printed in the minutes of evidence. In the event of this again being refused, then the deputation might see his Lordship again, and he would decide what course to adopt. After report- ing the result of the interview to the whole Sub- Committee, the Hon. Sec. was instructed to draw up such a statement as he conceived woiild meet the difficulty, and the following document was the result : — " Session 1881. — House of Lords. Select Committee on the Stolen Goods Bill. — To the Right Hon. the Chairman and the Members of the Select Committee. My Lords. — The Committee acting on behalf of the Pawnbrokers in Great Britain, against the Stolen Goods Bill, which threatens to so seriously interfere with the peaceful and successful working of their Trade, beg most respectfully to draw attention to the defenceless position in which they are ])laced, in reference to the very grave charges contained in the evidence given before your Lordships by Mr. C. E. Howard Vincent, the Director of Criminal Investigations, as follows: — "1. Seven specific charges have been made against as many individual Pawnbrokers, of such a character as to insinuate that those persons were guilty of deliberately and wilfully obstructing the police in their efforts to detect crime. That they received stolen property and neglected to give any information thereof, in order to screen the offenders XLiii A PETITION FOR JUSTICE 337 and share in the profits of the plunder, and tliat the provisions of the above Bill are requisite to be applied to the whole Trade, in order that the wrong doers may in future be punished. "2. On application to Mr. Howard Vincent for the names and addresses of the offending Pawn- brokers, he refused to furnish them, although on Monday, July 4th, he promised to do so. " 3. That the undersigned believe that if such names and addresses had been supplied to them, the cases could have been investigated with the most satisfactory and convincing results. "4. That this belief is confirmed by the fact of three cases, in which Mr. Vincent made use of initials and an address, clear proof has been adduced that the facts have been greatly distorted, and serious misstatements made as to other circum- stances connected therewith. " 5. That these allegations, being nearly criminal in their character, reflect discreditably upon the whole body of Pawnbrokers, as when ])rinted in the minutes of evidence, they will convey the impres- sion, not only that such transactions are possible, but are not uncommon. " We, the undersigned, therefore beg to request : — " 1. That the names of the seven Pawnbrokers should be furnished to the Committee of the Pawn- brokers' Defence Association. " 2. In the case of such information being fur- nished, that the Select Committee will graciously allow each of the Pawnbrokers named to be examined in answer to the charges made by Mr. Vincent. "The objects this Association have primarily in view are to prove to your Lordshijis that all the Pawnbrokers are honest men, anxious to assist in the detection of crime and the punishment of ■criminals. X 338 HISTOIIY OF PAWXIJKOKING CHAP- " That it is contrary to the Pawnbroker's owii' interest to advance money on stolen goods, as in most cases of detection he loses the money lent, and expends much valuable time in attendances at police and other conrts. "If these statements are admitted, we earnestly apjieal against being condemned, nnheard, and upon the nnsu]iported evidence of one police official, who cannot understand the difficulties of carrying on the Pawnbroking business, and who bases his conclusions solely on that aspect which the Trade presents to the police authorities. " We honestl}' and sincerely believe that all the cases named by Mr. Vincent to the discredit of our bodv, are capaljle of satisfactory explanation, and should not be recorded in the proceedings of the Select Committee without a fair and unbiassed in- vestigation, and the Pawnbrokers being permitted to give rebutting evidence. "This just and equitable enquiry we pray for at your Lordships' hands." This document, signed on behalf of the Sub-Com- mittee by the Chairman and Secretary, was forwarded to the Lord Chancellor on July 18th, 1881. On the 22ud of the same month a reply was received from Mr. Kenneth Muir MacKenzie, the Lord Chancellor's Chief Clerk. It commenced with the usual phrase :; "I am directed by the Lord Chancellor," and went on to say that in not furnishing the names and addresses of the Pawnbrokers referred to in certain passages of Mr. Vincent's evidence, that gentleman acted, as it was his duty to do, under the direction of the Committee, who were of opinion that it was neither necessary nor desirable for them to treat as personal charges requiring investigation before them in detail, the instances mentioned by Mr. Vincent (with- ovxt names) of Pawnbrokers who had failed to give- xMir A I'Kiiriox Foi; Ji'sricK 339 Unit assistance to the police in tracing stolen articles, which, in the cases referred to by him, might have led to the discovery of stolen goods. The Committee did not find anything in the letter of the 18th of sufficient reason for authorizing Mr. Vincent to give the names which were asked for, " hut," the letter concluded, *' as they have been informed that a Pawnbroker named Birirnett is supposed to be referred to in the case men- tioned by Mr. Vincent in which bank notes were pledged, the Committee ])ropose on Monday next to liave the circumstances of that case proved before them in detail by Mr. Vincent and the police officers who are able to speak to them, after which they will be prepared to hear any evidence which Mr. Barnett or those in his employment may desire to offer ujxrn the same subject." This partial concession — or all that could be ol)tained at the time — was perforce accepted, and what became known as "the bank note case," was investigated. The Sub-Committee had not, however, been idle either in this or the other cases mentioned. When they found that the names and addresses of the accused Pawnbrokers were not obtainable they adojjted the plan of writing to every Pawnbroker whose name could be found in the London Directory which began with " B," " D," and so forth, so that in the course of two or three days the Sub-Committee were in possession of all the facts in every case, which had been dilated upon by the accomplished Director of Criminal Investigations. It was in consequence of being in possession of this information that the Sulj-Committee were encouraged and emboldened to earnestly and strenuously press that the explanations of the Pawn- brokers should be heard. They had discovered that the great " bank note case " occurred in Sej^tember, 187t3, five years previous to the ap-pointment of the Select Com- mittee, and two years before Mr. Vincent's oini elpvatiou X 2 340 HISTORY OP PAWXBROKING CHAP. to office. Consequently, he had not related his own experiences of the difficulties of obtaining assistance from Pawnbrokers; he had simply adopted the traditions of Scotland Yard, and was unable, per- sonally, to vouch for the truth of a single statement. When the "bank note" case was investigated a police inspector and a serjeant were called to give evidence in support of Mr. Vincent's narrative. Then the Pawnbroker's manager was heard. He acknowledged that he had taken bank notes in pledge from Elliott — not only a hundred pound note — but two notes for one hundred pounds each ; one for fifty, and four for five pounds each, making a total of £270. This was in September, 1876, and he advanced the sum of £1 upon them. Elliott was a kind of " coster," and lived in Lambeth, and the witness had known him as a customer, both in pledging and purchasing clothing, but never heard of his being a thief, nor had he ever any reason to suspect him of being one. The reason he gave for wishing to pledge the notes was because his wife was a drunkard, and he dare not leave them at home. AVitness understood Elliott to say that he had obtained the money for the sale of his business. The witness could not recollect the serjeant or the inspector coming to the shop, as it was five years previous ; but he was certain he never said Elliott was a suspected person. He did not say that the man was a convicted thief, because he did not know him to be so.* When the officer applied for the numbers of the notes which were in pledge witness refused to give them, but he offered to examine what he had in pledge if the * Nor was it true : for in tbe appendix F to the Minutes of Evidence will be found a copy of a slip, put in later by Mr. Vincent, beaded: "Note. George Charles Elliot was tried and convicted at the Liverpool Sessions in March, 1878." This was nearly two years after pledging the notes, when he was described as a " convicted thief." XLIII A PETITION FOR JUSTICE 341' officer would furnish witness with the numbers of any stolen notes. The officer then read out some numbers^ and the witness informed him that he had none of those in pledge. Continuing the history of the pledging of the bank notes, the manager said that two days after they were deposited some of the £5 notes were taken away and those remaining were entered as a new transaction. Again, in October all the £5 notes were redeemed ; on the 8th December, the £50 note was taken away, the £100 note only now remained in pledge for £1. This was finally redeemed on either the 18th or 28th January, 1877, but the date in the Pawnbroker's book was rather indistinctly written. The inspector was again called forward and produced a scrap of paper on which was written January 12th, as the date on which Elliott was taken into custody, consequently, he, the inspector, must have gone to the Pawnbroker's on the 13th, when he was told the note had been re- deemed. Earl Beauchamp queried curiously : " Is it usual in the police station to have bits of paper lying about ante-dated ? " The inspector replied that it was evidently a mistake. [By the direction of their Lord- ships the charge-book is sent for.]* Later in the day, after Mr. Barnett and his son had given evidence confirmatory of the manager's state- ment, the inspector appeared with the charge-book for January, 1877. It contained particulars of the time when Elliot was brought up by the police. The case was No. 12, and the entry ran as follows : "No. 12, date when brought in 10.-30 p.m., 16th." The witness said, in answer to the Chairman, that having refreshed his memory, he was enabled to state that it was on the 16th January that Elliot was locked up and it tniist have * This is a correct copy of the parenthesis which appears on, page 210 of the Minutes of Evidence. 342 HISTORY OF I'AWNBKOKING CHAP. been on the morning of the 17th that he went to Mr. Barnett's. Thus the first of Mr. Howard Vincent's very bad cases " crumbled into dust." It was true thafc there existed the discrepancy of one day between the Pawnbroker's entry of the date of redemption, and the entry in the charge-book of the arrest of Elliot, and the subsequent visit of the inspector to the Pawn- broker's shop, but considering the blundering which had been exposed it would be difficult to decide on which side the error lay. By dint of unceasing ])erseverance and the assistance of friends on the Committee, leave was obtained for another of the " Fairy Tales " to be investigated. This was story No. 5, relating to a gold watch worth £70 and only pledged for £10, and the Pawnbroker gave no information. The Pawnbroker's manager was permitted to give his version of the story to the Select Committee, and his " plain unvarnished tale " is printed in the minutes of evidence as follows: "On the 17th July, 1880, I took in a gold lever hunting watch made by McCabe, of Cornhill, It was offered in pledge to me by a. person who had the appearance of a gentleman, who asked £10 upon it, which sum I lent him. As I took the watch, I saw a crest on the back and said to him, ' Is this your own watch, because I see it has a crest upon it ? ' and he replied, ' Yes ; and if you open it you will see my name inside, Andrew Hay, on the dial, and by that you will see it was made expressly for me.' I then tried to open it, but failed owing to its having a secret spring. He then said, ' If you will allow me I will show you how to open it.' He did so, and I then saw that the name on the dial corresponded with the name he had given me. I then made out the duplicate, .and he gave me the name Andrew Hay, and address 16, Princes-street, Cavendish-square. I had examined the police lists, as is my custom, but no such watch was XLIIl A PETITION FOR .irsiICE 3-1-3 mentioned as having been lost or stolen. Aljont two months after the pledging an inspector came into the shop and produced the ticket* of the watch, and said he should require me to ])roduce it on a certain day at Marlborough-street Police Court, and he remarked that the person who had pledged it was the same that had stolen Lady Bective's jewels. He also said that i£ it -had not been for the prisoner attempting to destroy or burn the ticket, he should not have troubled any further about it, as he believed from ])risoner's statement that it was his own. I produced the watch as desired at the Police Court and gave evidence. The magistrate remarked : 'You lent £10 u])on this watch valued at about £70.' I should consider the outside value of the watch, being very old fashioned, £1-2 — not sufficient to cover interest and commission (of sale). The prisoner was committed for trial, but I wa.s not called upon to give evidence." The inspector stated that the owner of the watch. was a ]-)assenger on a P. & 0. steamer, coming from India, and it was missed on arriving in London, hut the loser thought it had been stolen on board -ship. No notice of the loss was given hij the pulice to dhe Faivnhrohers. Some little amusement was created by the cross- examination of the Pawnbroker's Manager and the Inspector, as to the a])pearance of the prisoner when he pledged the watch. The Pawnbroker in- sisted that the man appeared to be quite a gentle- man. On the other hand, the Inspector said the prisoner had the appearance of a butler, his cloth- ing was shabby and he wore an old white hat iviih a black band round it. Every face but the Insj^ector's, was illuminated with a smile, as a hat of a similar 'descri])tion, the property of a noble Lord, was in a prominent position on a table at the opposite end * " The automatic detective." — Telfer. 344 HISTOKT OF PAWNBROKING CHAP, of the room. The idea seemed so thoroughly ludic- rous that a man should be suspected of theft be- cause he wore a style of hat which was much affected by both Noble Lords and Members of Par- liament. One other case was investigated, but little was proved beyond the fact that a careless assistant who had been discharged for intemperance took in a stolen watch and did not give notice to the police. The employer " D," knew nothing of the case and when requested to attend the court, he was unable to do so because his other assistant was engaged at the Guildhall, giving evidence against a dis- honest employee, who was convicted for systematic robberies in a large manufacturing silversmiths, the detection and prosecution being entirely the result of the efforts of the Pawnbroker named. To him the firm of silversmiths wrote : " to thank you for the prompt action you took in the matter leading to the discovery of the robbery, and for the assistance rendered by the attendance at the prosecution." The circumstances detailed in Story No. 2, took place in January 1878, before Mr. Vincent's appoint- ment ; he knew therefore nothing whatever of the matter, but what his trusty servitors were pleased to tell him. Further endeavours were made for other of the charges to be investigated, but all progress in that direction was abruptly terminated by Mr. Vincent writing : " I regret to be unaljle to say whether I intended to refer to them in my evidence, for I refrained from making any mention of individuals." We are compelled to omit notice of the evidence for the defence given by the Hon. Sec, Mr. Alfred A. George, Mr. Geo. Howarth, Mr. John Hepper, Auc- tioneer, Leeds, Mr. J. A. Telfer, Mr. Thos. Layman, XLIII A PETITION FOR JUSTICE 345 Mr. Geo. Attenborough, and Mr. Richard Atten- borough, in which all spoke strongly of the disastrous effects of the Bill upon the Trade. CHAPTER XLIV CONCILIATION BY PAWNBROKERS CONCESSION BY POLICE On the 18th of August the Bill was finally disposed ■of for the Session of 1881, so that for nearly six months !.the Trade were secure from further attack; while it was with some confidence the Committee believed that the labour expended had achieved valuable and favourable results. It was even assumed that tlie Director of Criminal Investigations himself was modifying his rancour, for with a view of ascertain- ing what he desired the London Pawnbrokers to do in aiding the police, Mr. Alfred George approached liim, and after interviews and correspondence Mr. Vincent drafted seven regulations which he desired to see adopted by the Metropolitan Pawnbrokers. Mr. George lost no time in drawing the attention of the Committee of the Protection Society to the proposed rules and correspondence. That body held a meeting which was several times adjourned, and ultimately- resolved to accept the regulations in spirit, but requested the Defence Association to secure their adoption by the London Trade. The Sub - Committee were accordingly called together in London on February 15th, 1882, and after CONCILIATION BY PAWNBEOKKKS ^7 considering the communication from the Secretary of the Protection Society, they jmssed the following resolutions : — "1. That the Sub-Committee of the Pawnbrokers' Defence Association are of opinion that the sugges- tions of Mr. C. E. Howard Vincent, dated January 17th, 1882, are such as should be adojjted by the Pawnbrokers of the United Kingdom, and that the Sub-Committee will use their best endeavours to carry out the suggestions with a view to their effective adoption. "2. That the foi-egoing resolution be conveyed ■to the Committee of the Metropolitan Pawnbrokers' Protection Society. "3. That the above resolutions be forwarded to the members of the Executive Committee, togetlier with a •circular asking their approval of the steps taken and the course proposed." The Protection Society Committee, in response, received the resolution with expressions of satisfac- tion, and thanked the Sub-Committee for having taken the matter in hand, and the whole of the Executive, with the exception of two, signed approval within a few days. It was then decided to send to the whole of the London Trade a circular and a copy of the seven rules, accompanied by an undertaking to carry them out, the latter document to be signed by the Pawn- broker, and returned to the Secretary of the Defence Association. Before, however, adopting this plan it was thought desirable to seek an interview with Mr. Vincent, and ascertain whether or not the course proposed would receive his approval. The interview took place on February 23rd, and it was gratifying to find that the Director expressed his pleasure at the plan projjosed, and thanked the Sub- Committee for the trouble they had undertaken, and in. 348 HISTORY OF PAWNBROKING CHAP. return promised to use his influence in the proper quarter, to mitigate the severity of the Stolen Goods Bill ; also to obtain the appointment of respectable ofl&cers to conduct enquiries at the shops of Pawn- brokers, and, if possible, to make better arrangements for the attendance of members of the Trade at police courts and sessions houses. If the promised influence- was used in the " proper quarter " after experience induced us to conclude that it was not very potent,, for if anything, the severity of the Bill was rather- increased than mitigated. The Secretary was then directed to draw up a circular and an undertaking to be signed by every London Pawnbroker within the Metropolitan police- district, and asking each to earnestly endeavour to faithfully carry out the following seven rules : — " Rules to be observed for the better detection of crime, and the restoration of stolen property. "1. Careful searching of the Daily Lists of Property Lost and Stolen, and comparison with the property recently pledged. "2 Prompt information at the nearest police station with all particulars. "3. Filing of the Lists and transcriptions therefrom in books of ready reference, of the principal articles, to save PaAvnbrokers from loss by innocently taking the same in pledge.* " 4. Detention of any person offering in pledge an article advertised as stolen as provided by statute. " 5. The institution of close enquiry concerning any property of especial value, and possessing dis- tinctive marks, whether advertised as stolen or not. " 6. Searching of the books and stock to see if a * Books specially designed for this purpose can be obtained' at a cheap rate from the ticket printers in London and the Provinces. XLIV CONCILIATION BY PAWNBROKERS 349 ■stolen article has been taken in })ledge, when requested by a police officer. " 7. Production of any article similar to one des- cribed as stolen for purposes of identification. "The adoption of these few rules, added to a general ■desire to further the ends of justice, will promote security of property and be not less conducive to the interests of Pawnbrokers than valuable to the Public." A strongly worded circular, a proof of which was submitted to Mr. Vincent, and approved by him, was sent out with copies of the above rules, and by the 24th April no less than 511 assents had been received. About this date Mr. Vincent wrote that he was .anxiously awaiting the result as he '■ hoped the Stolen 'Goods Bill was about to be expeditiously proceeded with, and I am anxious to represent properly your :action and its probable effect." About a week later he again wrote : '' I am looking forward to the early receipt of the detailed result of the appeal of the Defence Association to the London Pawnbrokers to undertake to aljide by the admittedly cfew requirements of Justice in the conduct of their ibusiness, and was fully prepared to submit in its most favourable light this action of the Trade, and even, possibly, to use such very small influence as my humble opinion may chance to possess with those in higher authority, /or the ej'eviption of Pawnbrokers from the Stolen Goods Bill.'' From the self deprecating tone of this letter it might be assumed that the writer had no control over the fortunes of the Bill, while, when under examination, he stated it had been drawn under his direction. This being so, and he had sufficient '"small influence" to induce the Lord 'Chancellor to introduce it, and take charge of it in the House of Lords, one is inclined to ask why the same influence could not be exercised to withdraw the Pawn- broker from its opei'ations ? 350 HISTORY OF PAWNBROKIXG CHAP.. Correspondence and interviews on the subject of the seven rules occupied much time, after which the Sub-Committee decided that another strong circular should be issued to those members of the Trade who had not jet sent in their adhesion to the rules. Even- tually the signatures of 592 assenting members were received, out of 617 requests sent out, leaving only 25 doubtful ones, while out of this small number some were executors for businesses they little understood, and therefore declined to accept such a responsibility. Three indexed books containing the names and addresses of all the Pawnbrokers who had accepted the rules were written by an engrossing clerk, one book was presented at an interview by the Secretary to Mr. Vincent, when he said he complimented the Sub-Committee very highly for the trouble they had taken, and was pleased to find so large a majority of the London Trade had signed. He assured the Secretary that he would present the result to the Lord Chancellor, and suggested that the Hon. Secre- tary should also wi'ite to his Lordship, detailing what had been done. Of the two otiier books, one was re- tained by the Chairman, and the third was kept by the Secretary, and is now in his possession. The recommendation to communicate with the Lord Chancellor, led to no other result than dis- appointment, with the accompanying sense of humiliation to the Sub-Committee that they had performed a useless, although onerous task, for on- the 5th June his Lordship was civil enough to say that he would place the papers before the Select Committee, Imt his Lordship must at the same time lay before them the answer which he was awaiting from Mr. Vincent. "The Lord Chancellor, subject to any modification of his opinion to which he may be led by Mr. Vincent's answer, does not at present see any reason ivhy the accession of the Pcuvnbrokers^- XLIV CONCI[,IATIO\ BV I'AWM'.IinKKKS 351 to the Rules referred to slioidd lead to amj laaterlal alteration in the Bill." Meanwhile the Stolen Goods Bill was making pro- gress through the Lords. It had heen read a fii'st time on 21st April, a second time on the 25th, and was then referred to a Select Committee. On May 5' the Committee was named and consisted of the Lord Chancellor, Earls Waldegrave and Beauchamj),- Viscount Sher brook, and Lords Thurlow, Brodrick,. Boseberry, Aberdare, and Bramwell. Four of the noble Lords were new Meml)ers, and had not heard the evidence given the previous Session, while Earl Morley, Lord Winmarleigh, Lord Ramsey and Earl Cairns, who had heard the evidence, were not again nominated. The new Select Committee sat with closed doors on May 10th, 12th, June 7th, 14.th, and 21st. On each occasion the Chairman and Hon. Sec, and some- times other members of the Sub-Coramittee, attended in the lobby, but were unable to learn any par- ticulars as to the ])roceedings. On the 21st, the Committee clerk stated that the sittings had that day terminated, and the same evening the Hon. Sec. wrote to Earl Beauchamp, asking for information. The next day a reply was received, and his Lord- ship said : " I need have no scruple in telling you that the Bill, though much altered in form, has been so far as Pawnbroking is concerned, not materially altered by the Select Committee." The old offices in Westminster were again opened, for it was felt the struggle of opposition must be vigorously re-commenced. Copies of the Bill "as amended by the Select Committee " were obtained and forwarded to each Member of the Executive. In the meantime amendments were drawn and for- warded to Earl Beauchamp to be moved in Com- mittee of the whole House. An appointment was .352 HISTORY OP PAWNBROKING CHAP. also made by his Lordship to see the Chairman and Secretary at his own residence, 13, Belgrave Square. Here the grave aspect of affairs was discussed, with the result that his Lordship promised to see the Lord Chancellor the same evening, and hoped to get the consideration of the Bill postponed. Fortu- nately this move was successful, and a few days* breathing time were ol)tained, which, as July had now been reached, were of the utmost value to the defenders ; for every day that elapsed without making progress, rendered the chance of the Bill passing more improbable, A few days later the Marquis of Salisbury was seen, and his Lordship promised to give consideration to the Bill in its relation to the public freedom and convenience, as against the pro- posed serious enlargement of the police powers. The Bill, with no favourable alteration, passed through Committee of the Lords, despite the strenuous efforts of Earl Beauchamj), which were supported by a strong speech by the Mar(|uis of Salisbury. On the 13th it was read a third time and passed, and ap- peared on the proceedings of the House of Commons, as " brought from the Lords, July 14th," and in that position it remained until the close of the Session. Thus, for the second year, the Committee of the Defence Association had successfully defeated the attempt made by the Lord Cliancellor and Mr. Howard Vincent, to place the Pawubroking body under the iron heel of police despotism. It was very naturally thought by the Sub-Committee, that further duties in connection Avith the o]5position would at least be suspended until Parliament again met. It was arranged that tliere should be a winter session; .consecjuently a welcome respite of a few months was -eagerly anticipated. But it was not to be. Only twelve days liad elapsed when Mr. Vincent sent a report to the Hon. Secretary detailing the particulars XLIV CONCILIATION BY PAWNHROKEUS 353 o£ a robbery of jewellery pledges from the safe of one of the wealthiest London Pawnbrokers- Mr. Vincent desired the Sub-Committee to con- stitute themselves into a Court of Investigation, as there were serious allegations made againsfe two respectable Pawnbrokers, of great carelessness, little short of actual dishonesty, in receiving pro- perty which was a portion of that stolen. The Sub-Committee at once met and commenced an enquiry, the result of which proved to their satisfaction that the report was a grossly ex- aggerated account of the transactions, and that one Inspector of Police had gravely exceeded his duty by reporting a conversation, the purport of which he gathered by unscrupulous eavesdropping. A reporfc of the Sub-Committee's investigations was forwarded to Mr. Vincent, being for the most part a direct contradiction of the statements made by the police. In a little more than a month, another report from Scotland Yard came to the Hon. Secretary, contain- ing two serious charges against a Pawnbroker, for purchasing stolen property. There were grave sus- picions connected with the case, and the Sub-Com- mittee were of opinion that the Pawnbroker was not entirely free from blame. Considerable misunder- standing arose as to the .mode of enquiry by the police. Two officers who were examined by the Sub- Committee, confessed that they confined their en- quiries to the manager of the pledge department, while the goods were purchased by the salesman in a distinct shop. The matter was then reduced to the unsupported evidence of the salesman and one police-sergeant. The Sub-Committee considered that the Pawnbroker had not acted in accordance with the rules prepared by Mr. Vincent, circulated by the Defence Association, and accepted over his own signature. Mr. Vincent was advised of the T 354 HISTORY OF PAWNBROKIXG CHAP. Sub-Committee's opinion, and two somewhat severe resolutions regarding his conduct were forwarded ta the Pawnbroker. Early in October, 1882, the Hon. Secretary wrote to Sir Wm. Harcourt, who was then Home Secretary, and asked him to receive a deputation on the subject of the Stolen Goods Bill. The Pawnbrokers' Committee, that letter said, " are quite aware that legislation is much required in the direction indicated by the Stolen Goods Bill, but they hold the opinion that its operations should be confined to the really criminal classes, such as are enumerated in the Judicial Statistics as being known thieves and receivers ; and that a respectable body of tradesmen, already stringently legislated for, after careful and protracted enquiry, should not be sub- jected to pains and penalties ruinous in their severity, or be placed under the degrading suspicion that police surveillance is necessary for the honest conduct of the Pawnbroking Trade." The letter concluded with a hope that the Bill might be drawn, prior to its intro- duction next Session, in such a form as might obviate the necessity of opposition by the Pawnbrokers. A reply was received stating the Home Secretary would receive a deputation of the Pawnbrokers ; mean- while he would be glad to receive a written statement of the views of the Association. The Hon. Secretary duly prepared another series of " Reasons and Observations " against the Bill and forwarded them to Whitehall. Several letters and telegrams were after- wards exchanged and the date for the deputation was fixed for February 12th, 1883. Several members of Parliament were invited to accompany the Pawn- brokers, but in consequence of only three days' notice being given of the exact date, only Mr. Serjeant Simon (now Sir John), the member for Dewsbury, appeared and introduced the deputation. The interview was apparently so far favourable XLIV CONCILIATION BY PAWNBROKERS 355 as to give encouragement and hope to those who composed the deputation, although Mr. Howard Vincent was present. He made no remark, however, but remained a listener only, while some of the speakers alluded to his intentions and general atti- tude towards the Trade in scathing and vigorous lan- guage. On leaving the Home Office, Mr. Serjeant Simon promised his assistance to the Pawnbrokers, and ex- pressed himself as being perfectly willing to take the responsibility of organising an opposition to the Bill. In little more than an hour after the deputation had left, a telegram was received from Mr. Vincent, stating that he would be glad to see the Hon. Secretary the next day, Tuesday. Of course such a wish was complied with, and there was shown a disposition to effect some compromise. The Director expressed his willingness to withdraw the Pawnbrokers from the Stolen Goods Bill, but he was told they required more ; they must have clear exemption from the operation of its clauses. To this he agreed. He also promised to draw a Pawnbrokers' Amendment Bill in which the power of search should be limited to goods specifically named in the warrant. He would do away with the police detention, and would meet the Pawnbrokers in any reasonable way. It was agreed that another interview should take place on the following Thursday, when the subject would be more matured and might be reduced to writing. The Hon. Secretary reported this important intelligence to the Sub-Committee, when it was resolved that if the Committee received positive assurance from the Home Secretary that they were to be exempted from the Stolen Goods Bill, and he was of opinion that the Pawnbrokers' Act, 1872, required amendment, they would consider his sug-- gestions. At the second interview Mr. Vincent handed the Hon. Secretary a draft of all the pro- posed amendments of the Pawnbrokers' Act ; they Y a ■556 HISTORY OF PAWNBKOKING CHAP. XLIV were subsequently discussed by the Sub-Committee, printed and sent to the members of the Executive, Avith a circular reqiiesting opinions to be sent back not later than March 10th. Mr. Vincent was informed of this stejj, and also that the subject was too im- portant for the Sub-Committee to decide, and as soon as the opinions of the members of the Executive were known, the result would be communicated to him. To this Mr. Vincent replied that he could not permit the circulation of the draft as he had not the sanction of the Secretary of State, nor had it been settled by Parliamentary Counsel. To this the Hon. Secretary replied, and in the last paragraph of his letter said, '" Providing you propose to legislate for the Trade in a ■separate measure, we have no other course left but to wait until the Bill is drawn, before deciding whether it has our approval or otherwise. I think it will be well in future, before any communication is made to us, that it should be official and have the approval of the Secretary of State, as it is useless consumption of time to discuss a subject and then receive the information that there is no authority for its being before us." For neai'ly a year no further communication was received from Mr. Howard Vincent. Later the Hon. Secretary- wrote to the Home Secretary asking for precise in- formation as to whether it was his intention or not to exempt the Pawnbrokers from the Stolen Goods Bill, and the following reply was elicited : — ' ' Whitehall, March 6, 1883. Sib, — In reply to your letter of the 29th iilt., asking whether Pawnbrokers will be exempted from the provisions of the Stolen Goods Bill, I am directed by the Secretary of State to acquaint you that the Pawiibrokerg irill not be dealt with in that Bill; but, if necessary, an Amendment of the Pawnbrokers' Act, 1872, will be introduced. I am, your obedient servant, "A. F. O. LiDDELL." Thus, when a meeting of the Executive was held in London, on April 11th, 1883, the Stolen Goods Bill had .been practically defeated. CHAPTER XLV THE pawnbrokers' AMENDMENT HILL — CONCLUSION Notwithstandiuo; the fair promise made by the Home Office, " that Pawnbrokers would not be dealt with in that Bill," the Sub-Committee did not relax their vigilance as to the progress of the Stolen Goods Bill. So that the Pawnbrokers should not be dealt with in that Bill, an exemption clause was inserted, and this was so loosely drawn, as to be practically no exemption whatever. Twice Counsel's opinion was taken upon it, and each time the clause was condemned as being ineffectual. It was finally drafted with the marginal title of " Saving Clause for Pawnbrokers, 35 and 3(5 Vic. cap. 93," and it went on to say that the provisioiis of that Act should not extend to any Pawnbroker to whom the Act applied in his business, nor to any pledge taken in the course of such business, and the sale by a Pawnbroker in pursuance of the Act, and the lawful purchase or acquisition* of his own unredeemed pledges, or of unredeemed pledges of other Pawnbrokers' and the sale by him of articles so bought or acquired, should be deemed part of the business of a Pawnbroker, and. * This word referred to pledgees of ten shillings or under, which on forfeiture become the absolute property of the Pawnbroker. 358 HISTORY OP PAWXBKOKING CHAP. should not constitute such Pawnbroker a second- hand dealer ; and the term pledge or pledges, included every pledge whether the loan was above or below ten pounds. This, as briefly as we can put it, was the clause, and although we have denuded it of its legal phrases and repetitions, it will easily be seen of what a circumlocutory character it was. Perhaps the mind of a Lord Chancellor is so contrived by nature, that he could not express himself otherwise, but the manner certainly created distrust in our minds. What the Sub- Committee required, and which it was thought would be effectual, was a brief and straightforward clause to the effect that " This Bill shall not apply to Pawnbrokers," as is the case with our own Act of 1872, in which the second sub-section of clause 2 saj^s, " This Act shall not extend to Ireland " ; and similar exceptions are made in many hundreds of other Acts which are passed. But the clause as drawn was the only way we could obtain exemption, and we were induced to believe tliat it was correct and effectual. All attention was speedily to be concentrated upon the new Bill entitled an " Act to amend the Pawn- brokers Act, 1872." It was suddenly and unexpectedly introduced into the House of Lords by the Lord Chancellor, on the 5th June, 1883, and put on the proceedings, to be read a second time on the 12th o£ that month. With the promised exemption from the Stolen Goods Bill, alarm had subsided, and it was thought possible that Pawnbrokers would now be forgotten. The sudden appearance of the Bill took .all by surprise. The Sub-Committee was summoned to London at once. The Hon. Secretary appealed to the Lord Chancellor to defer the second reading as seven days gave no time to master the scope and intention of the Bill. Another week was granted, and ultimately the second reading was put off until .June 22nd. XLV THE PAWNBROKERS AMENDMENT BIliL 359 This was time gained. The Executive Committee was next summoned, and several members of that body, who were experienced workers, came in advance and commenced vigorously and unceasingly to inter- view noble Lords connected with their own localities, while no opportunities were lost of seeing their Parliamentary representatives. The objections to the clauses of the Pawnbrokers' Amendment Bill were fully explained and many friends and supporters were secured. When the Executive assembled iu London the ■clauses of the Bill were exhaustively discussed, and many amendments were drawn, to l)e moved by some friendly disposed noble lord, in the event of the Bill not being defeated altogether. Many of these amendments were accepted, and new revises or editions of the Bill were issued, on the 3rd July, and again on the 10th. The second reading and Committee were gone through quickly, and the report stage was reached on the 10th; Lord Henniker (the Lord Hartismere) as he was styled in the ])roceedings, who had become a strong opponent of the Bill, undertook, .at the instance of the Defence Association, to move an .amendment to clause 5, Avhich jjrovided that in addition to the entries in a Pawnbroker's books reqviired by the Act of 1872; a further column should be adopted wherein should be entered '' clear and •distinctive marks as are borne by all watches or articles o£ plate or jewellery pawned with him and all other goods pawned with him for the sum of twenty shillings or upwards, that is to say, any inscription, mark, initial, monogram, or crest, or i)i. case of jeweller;/ a7iy peculiarity of setting, and shall otJterwise so describe such articles as the more readily to secure their identl- Jication." Lord Henniker proposed to leave out all the words after " upwards," which we have underlined. The Lord Chancellor, i-ef used to accept the amendment. 360 HISTORY OF PAVVNBROKING CHAP. consequently a division was called, with the result that there were 30 votes for it and 34 against ; it was there- fore lost. Still it was regarded almost as a victory, for it was no small matter to be proud of, that the- friends of the Pawnbrokers did almost defeat the Government. The 34 " Contents " were Selborne (Lord Chancellor), Dukes, Bedford, Grafton and Kichmond ; Marquises, Lansdown and Northampton ; Earls, Camperdown, Derby, Granville, Kimberley, Morley, Northbrook, Eedesdale, Spencer and Sidney; Lords,. Alcester, Ampthill, Boyle, Breadalbane, Brodrick, Carlingford, Carrington, Cottesloe, Digby, Kenmore, Monson, Penrhyn, Riljblesdale, Roseberj^ Stanley of Alderley, Stratheden and Cam]5bell, Sudeley and Truro. The minority or " Non-Contents " were Marquises of Bath, Hertford and Salis1)ury; Earls Carnarvon, Doncaster (Duke of Buccleuch), Fortescue, Lathom, Mount Edgcumlje, Ravensworth, Selkirk and Wharn- clifPe ; Viscounts, Goiigh, Hawarden and Sidmouth ; Lords, Amherst, Boston, Bral^ourne (formerly Knatch- bull Huggessen), Colchester, Colville of Culross, Den- man, Egerton, Foxford (Earl Limerick), Hartismere^ Hopetown, Lamington, Norton, Shute, Silchester,. Wemyss and Winmarleigh. Two days after, the Bill was read a third time, and on July 13th it appeared on the proceedings of the- Commons as " brought from the Lords." The Stolen Goods Bill, also in the Commons, made- no progress. It was " blocked " by Mr. Wharton (" the champion blocker " he was called in the House). Mr. Hopwood, then Member for Stockport and now Recorder of Liverpool, Mr. Callan and Mr. Thomasson all placed notices of motion on the paper, " On second reading of the Stolen Goods Bill, to move. That it be- read a second time upon this day three months. [Monday, 30th July]." The Executive met in London, on August 1st, to XLV THK PAWNTIROKKRS AMKNDMENT lULF, .V)l' consider the PaAviibrokers' Amendment Bill, which had undergone much revision and alteration, and after carefully considering each of the amended clauses, it was declared that the measure was still unacceptable and must be opposed ; it was felt the time had now arrived when the Trade must show the strength of its organization. Arrangements were made for a " reconnaissance in force," and the order was passed on to Mr. Alfred George to open the movement by summoning the various deputations which he had previously, with astonishing success, organized in the city, borough and covmty constituencies within the whole of the Metropolitan district. There were two Pawnbrokers from each constituency, and their response to assemble was prompt and hearty. On Friday, August 3rd, these gentlemen assembled in large numbers in St. Stephen's Hall, and commenced to interview their various representatives, requesting them to oppose the Pawnbrokers' Bill. The result was most satisfactory'. It was intended to follow up this advance movement by Members from every provincial constituency that could be got together, on the following Monday. Up- wards of thirty despatches of a most urgent character had been prepared, and others were in progress, as quickly as the writers could com])lete the work, when at 4 p.m., on Saturday, August 4th, a letter was received from Mr. Hibbert, the Under Secretary of State for the Home Department, stating that the GrOVERNMEXT HAD DETERMINED TO WITHDRAW THE PAWN- BROKERS' Bill eor that Session ! The jubilation on the receipt of this intelligence was great. The work in progi-ess was thrown aside, and in a very short time upwards of forty telegrams and letters of congratulation and thanks were dispatched, and the Hon. Sec. wrote to Mr. Hibbert expressing the sincere thanks of the Committee for the with- 362 HISTORY OP PAWNBROKING CHAP. drawal of tlie Bill, and stating that if the Stolen Goods Bill was proceeded with the Pawnbrokers' Association would not oppose its progress, providing the exemption clause was drawn to their satisfaction ; if not, the whole strength of the opposition 'would he directed against the passing of the Bill. For the second time Counsel's opinion was taken on the exeraption clause, as it was still left in the unsatisfactory condition that any goods purchased by a Pawnbroker which had not been pledges were liable to be searched for, seized, and taken away if there was a suspicion that such goods were stolen. This was not satisfactory to the Pawnbrokers, con- sequently, after Counsel had amended the clause, it was sent with other amendments to be inserted in the Bill, and Mr. Hibbert was good enough to accept them. Events dribbled along until the 22nd August, when the Sub-Committee were delighted to find on the ]:)roceedings the following entry : " 30. Stolen Goods Bill ^Lords'], — Order for the Second Reading read, and discharged; — Bill ivithdrawn.'" Victory for the Trade once more. During this Session the strength and influence of the opposition had vastly increased. In the Lords it had never been so great, and this was owing in some measure to the invaluable assistance rendered by Earl Wemyss, the Chairman, and other members of the Liberty and Property Defence League. The Marquis of Salisbury, Earl Beauchamp, Lord Henniker, Earl Fortescue, Lord Winmarleigh and others were unremitting in their endeavours to serve the interests of the Trade, while in the Commons the numbers of friends were legion. Once more the Westminster office was closed. Not so, however, the labour. Voluminous correspondence was carried on, commencing in November and ter- minating in January, 188-i, between the Hon. Secretary SLV THE PAWNBROKERS AMENDMENT BILL 363 and J. T. Hibbert Esq., the Under Secretary of State for the Home Department. The Hon. Secretary desired to know, for the information of the Com- mittee, what the intention of the Government was in regard to both Bills in the ensuing Session? The reply was that the question of introducing one or both Bills was occujjying his attention, and he would take care that the Hon. Secretary's letter should be carefully weighed before a final decision Avas arrived at. " Looking at the increased assistance," the letter went on to say, " which the Director of Criminal Investigations reports that the police are now re- ceiving from the Trade, Mr. Hibbert is disposed to abandon the Pawnbrokers' Bill, but to j^roceed with the Stolen Goods Bill." In December Mr. Hibbert forwarded copies of the five new search clauses which it was proposed should be inserted in the Bill ; two of those did not affect Pawnbrokers. The others were considerably softened from their tyrannical character of 1881. It was provided that application should be made to a Justice of the Peace for a search warrant, and the superior officer of the police must name the jiremises, and he was to swear that he believed a robbery had taken place and that the stolen goods were in such premises, &c. After' the reception of the clauses the correspondence was continued until the 15th January. Mr. Hibbert wrote, in reply to a request for a cojiy of the new Bill, that the Stolen Goods BiJl, as proposed to be altered, had not yet been printed. " As, however," the letter proceeded, " you have already been supplied with the Bill of last Session, the copy of the search clauses of general application, proposed to be inserted, and the exemp- tion promised to Pawnbrokers from the trade clauses •of the Bill which do not apply generallj', Mr. Hibbert trusts that the information afforded will be sufficient 364 HISTORY OF PAWNBROKING CHAP, for the purposes of your meeting on the 31st inst." The meeting alluded to was that of the Executive- Committee which had been called together to consider the proposals from the Home Office. After these had been fvilly discussed, a resolution was proposed by Mr. John Grrantham, seconded by Mr. John Tatton,. " That the Executive Committee recommend to the members of the Defence Association that they accept the terms offered by the Home Office subject to the retention of the exemption clause in the Stolen Goods Bill." This was the beginning of the end. A General Meeting was held in London of the guarantors and subscribers on February 6th, 1884, and the principal resolutions passed thereat were (1) " That this meet- ing having considered the correspondence between the Home Office and the Honorary Secretary of the Pawnbrokers' Defence Association, resolve that the terms offered be accejited, and if the Exemption Clause be maintained no opposition shall be offered to the Stolen Goods Bill by this Association. (2) That the report of the Executive Committee and Treasurer's statement be received and approved." The Treasurer's statement showed that no less than £3,491 8s. had been collected from Guarantors and Subscribers, and the expenditure had been £2,871, leaving a balance in hand of £620, which was ulti- mately handed over to the Testimonial Committee. The Defence Association was then formally dissolved, but the Stolen Goods Bill never became an Act, Thus ended one of the most important campaigns ever commenced by, or on behalf of the Trade, and a striking example of what may be achieved by determination, tenacity, a knowledge of Parlia- mentary procedure, and the belief that the cause is a just, fair and honourable one. * * * * * XLV THE PAWXHROKERS AMENDMKXT BILL 1365 On the 8rd November, 1885, the most brilliant function ever held in connection with the Trade took place at the Holborn Restaurant, London. It was a Banquet to celebrate the victory and distribute the honourable awards to those who had fought and won in the difficult and protracted struggle. The chair was occupied by the late Mr. George Attenborough (Fleet- street), and he was supported by the Right Hon. Earl Beauchamp, Earl Fortcscue, The Lord Mayor of London (Sir Robert Fowler, M.P.), Sir David Solomons, Bart., Hon. Francis Lawley, and Mr. Alderman Hart. By a most unfortunate misunder- standing as to the date Earl Wemyss was not present, as his Lordship had fixed the day in his ■own mind as Wednesday, 4th, and appeared as he thought to keep the appointment only to find the festivities had taken place the evening before. Lord Henniker, Baron Bramwell, Earl Pemljroke, Baron de Worms, and several members of the Commons had been invited, all of whom returned most cour- teous replies excusing their absence. Space will not permit more than to say that the Banquet was a most successful one,over 200 guests being present. The officers of the Defence Association were the Hon. Sec, Messrs. J. A. Telfei-, Richd. Attenborougli, Russell, Sprunt, Eaton and Grantham, The prizes ranged from £1,000 and plate, to costly and tasteful articles, selected according to the taste of each recipient. The speeches, as we have already exceeded the space allowed us, cannot be quoted here, but it was especially pleasant to hear an English noble- man speaking of the Trade in these terms : " I am very glad to meet the gentlemen around me and to liave given to their interests when the latter were before the House of Lords my unflinching support. I am also glad to take part in jiaying a just tribute to the Parliamentary Committee of the 366 HISTORY OF PAWNBROKING CHAP Defence Association. I have had the opportunity of watching the many and distinguished services of Mr. Hardaker throughout the manifold difficulties he had to contend against — the promptness and energy which he had displayed iinder the most trying circumstances." The Chairman performed his long and trying duties with admirable tact and ability; the presentation speeches being cleverly varied and eloqiient. The Hon. Secretaries of the Testimonial Fund — Mr. Alfred George, London, and Mr. Wm. Guyler, of Liverpool — elicited the highest praise and the most profound gratitude of the recipients, for the devotion and unceasing labours extending over 18 months, and the magnificent results which they attained. They were actuated by the most unselfish delight in their work, and time, distance, comfort, or convenience were never considered when the interests of those they delighted to honour were to be promoted. * * He # * Nothing more remains to be chronicled in this Brief History, for from 1885 to the present, the period has been mainly uneventful. How long it may so remain is doubtful. Two disquieting factors exist —Mr. Howard Vincent and Sir Orr Ewing are still members of Parliament. Trouble may not be now, but it may be to come. What then the Trade have to determine upon is to be ever on the alert and prepared for the worst. The motive which actuated the Author to compile this little book, was principally, that the important events in which he had personally taken part should be collected and put on record while the memory could retain the facts, and the hand had not lost its cunning. There has been no attempt at brilliant XLV THE PAWNBROKERS AMENDMENT BILL 367 composition, and the Author is cognizant of many defects and shortcomings ; some of these were un- avoidable xinder the exigencies of weekly publication, therefore the indulgence of readers is entreated. It may be objected that the latter chajiters are strongly flavoured with autobiography, but if such is thought to be the case the cause is not to be attributed to the Author, but rather to the prominent positions to which he was relegated. If the facts which the book contains are of value in the information or instruction they convey, the labour of com- pilation will be amply repaid. It is hoped that the History will be especially useful to the young men of the Trade, who must be prepared to become leaders when the present veterans are compelled to lay down their arms, and if the perusal of the fore- going pages conduce to such victories as their elders have achieved and are here narrated, the labour will not be profitless. THE END. Printed by Jacksox, Rcstox & Keesox, London University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. FEB 2 2 19* or C). ' m L'J-Series 444 A, _J L^ UCSOUTHFRM REGIONAL LIBRARY FACILITY AA 000 178 313 •Sa