The wise demeanour of Mr. Western in the character of a magistrate. A hint to justices of peace, concerning the necessary qualifications of a clerk; with extraordinary instances of paternal madness and filial affection Logicians sometimes prove too much by an argument, and politicians often overreach themselves in a scheme. Thus had it like to have happened to Mrs. Honour, who, instead of recovering the rest of her clothes, had like to have stopped even those she had on her back from escaping; for the squire no sooner heard of her having abused his sister, than he swore twenty oaths he would send her to Bridewell.
Mrs. Western was a very good-natured woman, and ordinarily of a forgiving temper. She had lately remitted the trespass of a stage-coachman, who had overturned her post-chaise into a ditch;nay, she had even broken the law, in refusing to prosecute a highwayman who had robbed her, not only of a sum of money, but of her ear-rings; at the same time d--ning her, and saying, "Such handsome b-s as you don't want jewels to set them off, and be d--n'd to you." But now, so uncertain are our tempers, and so much do we at different times differ from ourselves, she would hear of no mitigations; nor could all the affected penitence of Honour, nor all the entreaties of Sophia for her own servant, prevail with her to desist from earnestly desiring her brother to execute justiceship (for it was indeed a syllable more than justice) on the wench.
But luckily the clerk had a qualification, which no clerk to a justice of peace ought ever to be without, namely, some understanding in the law of this realm. He therefore whispered in the ear of the justice that he would exceed his authority by committing the girl to Bridewell, as there had been no attempt to break the peace; "for I am afraid, sir," says he, "you cannot legally commit any one to Bridewell only for ill-breeding."In matters of high importance, particularly in cases relating to the game, the justice was not always attentive to these admonitions of his clerk; for, indeed, in executing the laws under that head, many justices of peace suppose they have a large discretionary power, by virtue of which, under the notion of searching for and taking away engines for the destruction of the game, they often commit trespasses, and sometimes felony, at their pleasure.
But this offence was not of quite so high a nature, nor so dangerous to the society. Here, therefore, the justice behaved with some attention to the advice of his clerk; for, in fact, he had already had two informations exhibited against him in the King's Bench, and had no curiosity to try a third.
The squire, therefore, putting on a most wise and significant countenance, after a preface of several hums and hahs, told his sister, that upon more mature deliberation, he was of opinion, that "as there was no breaking up of the peace, such as the law," says he, "calls breaking open a door, or breaking a hedge, or breaking a head, or any such sort of breaking, the matter did not amount to a felonious kind of a thing, nor trespasses, nor damages, and, therefore, there was no punishment in the law for it."Mrs. Western said, "she knew the law much better; that she had known servants very severely punished for affronting their masters;" and then named a certain justice of the peace in London, "who," she said, "would commit a servant to Bridewell at any time when a master or mistress desired it.""Like enough,"cries the squire; "it may be so in London; but the law is different in the country." Here followed a very learned dispute between the brother and sister concerning the law, which we would insert, if we imagined many of our readers could understand it. This was, however, at length referred by both parties to the clerk, who decided it in favour of the magistrate; and Mrs. Western was, in the end, obliged to content herself with the satisfaction of having Honour turned away; to which Sophia herself very readily and cheerfully consented.
Thus Fortune, after having diverted herself, according to custom, with two or three frolicks, at last disposed all matters to the advantage of our heroine; who indeed succeeded admirably well in her deceit, considering it was the first she had ever practised. And, to say the truth, I have often concluded, that the honest part of mankind would be much too hard for the knavish, if they could bring themselves to incur the guilt, or thought it worth their while to take the trouble.
