Henry Fielding: The History of Tom Jones, a foundling

BOOK IV. CONTAINING THE TIME OF A YEAR. 4. Chapter iv. Containing such very deep and grave matters (continued)

"And I have instilled principles into him too," cries Square. "What but the sublime idea of virtue could inspire a human mind with the generous thought of giving liberty? And I repeat to you again, if it was a fit thing to be proud, I might claim the honour of having infused that idea."--

"And if pride was not forbidden," said Thwackum, "I might boast of having taught him that duty which he himself assigned as his motive."

"So between you both," says the squire, "the young gentleman hath been taught to rob my daughter of her bird. I find I must take care of my partridge-mew. I shall have some virtuous religious man or other set all my partridges at liberty." Then slapping a gentleman of the law, who was present, on the back, he cried out, "What say you to this, Mr Counsellor? Is not this against law?"

The lawyer with great gravity delivered himself as follows:--

"If the case be put of a partridge, there can be no doubt but an action would lie; for though this be ferae naturae, yet being reclaimed, property vests: but being the case of a singing bird, though reclaimed, as it is a thing of base nature, it must be considered as nullius in bonis. In this case, therefore, I conceive the plaintiff must be non-suited; and I should disadvise the bringing any such action."

"Well," says the squire, "if it be nullus bonus, let us drink about, and talk a little of the state of the nation, or some such discourse that we all understand; for I am sure I don't understand a word of this. It may be learning and sense for aught I know: but you shall never persuade me into it. Pox! you have neither of you mentioned a word of that poor lad who deserves to be commended: to venture breaking his neck to oblige my girl was a generous-spirited action: I have learning enough to see that. D--n me, here's Tom's health! I shall love the boy for it the longest day I have to live."