Henry Fielding: The History of Tom Jones, a foundling

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

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.

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