Henry Fielding: The History of Tom Jones, a foundling

BOOK VII. CONTAINING THREE DAYS. 9. Chapter ix. The wise demeanour of Mr Western...

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 mitigation; 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.