I sat still now, and began to take a better heart, but smiled and said nothing; the master looked pale; the constable turned about and looked at me. ‘Let ’em alone, Mr. Constable,’ said I; ‘let ’em go on.’ The case was plain and could not be denied, so the constable was charged with the right thief, and the mercer told me very civilly he was sorry for the mistake, and hoped I would not take it ill; that they had so many things of this nature put upon them every day, that they could not be blamed for being very sharp in doing themselves justice. ‘Not take it ill, sir!’ said I; ‘how can I take it well! If you had dismissed me when your insolent fellow seized on me it the street, and brought me to you, and when you yourself acknowledged I was not the person, I would have put it by, and not taken it ill, because of the many ill things I believe you have put upon you daily; but your treatment of me since has been insufferable, and especially that of your servant; I must and will have reparation for that.’

Then be began to parley with me, said he would make me any reasonable satisfaction, and would fain have had me tell him what it was I expected. I told him that I should not be my own judge, the law should decide it for me; and as I was to be carried before a magistrate, I should let him hear there what I had to say. He told me there was no occasion to go before the justice now, I was at liberty to go where I pleased; and so, calling to the constable, told him he might let me go, for I was discharge. The constable said calmly to him, ‘sir, you asked me just now if I knew whether I was a constable or justice, and bade me do my duty, and charged me with this gentlewoman as a prisoner. Now, sir, I find you do not understand what is my duty, for you would make me a justice indeed; but I must tell you it is not in my power. I may keep a prisoner when I am charged with him, but ’tis the law and the magistrate alone that can discharge that prisoner; therefore ’tis a mistake, sir; I must carry her before a justice now, whether you think well of it or not.’ The mercer was very high with the constable at first; but the constable happening to be not a hired officer, but a good, substantial kind of man (I think he was a corn-handler), and a man of good sense, stood to his business, would not discharge me without going to a justice of the peace; and I insisted upon it too. When the mercer saw that, ‘Well,’ says he to the constable, ‘you may carry her where you please; I have nothing to say to her.’ ‘But, sir,’ says the constable, ‘you will go with us, I hope, for ’tis you that charged me with her.’ ‘No, not I,’ says the mercer; ‘I tell you I have nothing to say to her.’ ‘But pray, sir, do,’ says the constable; ‘I desire it of you for your own sake, for the justice can do nothing without you.’ ‘Prithee, fellow,’ says the mercer, ‘go about your business; I tell you I have nothing to say to the gentlewoman. I charge you in the king’s name to dismiss her.’ ‘Sir,’ says the constable, ‘I find you don’t know what it is to be constable; I beg of you don’t oblige me to be rude to you.’ ‘I think I need not; you are rude enough already,’ says the mercer. ‘No, sir,’ says the constable, ‘I am not rude; you have broken the peace in bringing an honest woman out of the street, when she was about her lawful occasion, confining her in your shop, and ill-using her here by your servants; and now can you say I am rude to you? I think I am civil to you in not commanding or charging you in the king’s name to go with me, and charging every man I see that passes your door to aid and assist me in carrying you by force; this you cannot but know I have power to do, and yet I forbear it, and once more entreat you to go with me.’ Well, he would not for all this, and gave the constable ill language. However, the constable kept his temper, and would not be provoked; and then I put in and said, ‘Come, Mr. Constable, let him alone; I shall find ways enough to fetch him before a magistrate, I don’t fear that; but there’s the fellow,’ says I, ‘he was the man that seized on me as I was innocently going along the street, and you are a witness of the violence with me since; give me leave to charge you with him, and carry him before the justice.’ ‘Yes, madam,’ says the constable; and turning to the fellow ‘Come, young gentleman,’ says he to the journey-man, ‘you must go along with us; I hope you are not above the constable’s power, though your master is.’

The fellow looked like a condemned thief, and hung back, then looked at his master, as if he could help him; and he, like a fool, encourage the fellow to be rude, and he truly resisted the constable, and pushed him back with a good force when he went to lay hold on him, at which the constable knocked him down, and called out for help; and immediately the shop was filled with people, and the constable seized the master and man, and all his servants.

This first ill consequence of this fray was, that the woman they had taken, who was really the thief, made off, and got clear away in the crowd; and two other that they had stopped also; whether they were really guilty or not, that I can say nothing to.