Chapter 5

CONTAINING JUSTICE BUSINESS; CURIOUS PRECEDENTS OF DEPOSITIONS, AND OTHER MATTERS NECESSARY TO BE PERUSED BY ALL JUSTICES OF THE PEACE AND THEIR CLERKS

The young squire and his lady were no sooner alighted from their coach than the servants began to inquire after Mr. Joseph, from whom they said their lady had not heard a word, to her great surprise, since he had left Lady Booby’s. Upon this they were instantly informed of what had lately happened, with which they hastily acquainted their master, who took an immediate resolution to go himself, and endeavour to restore his Pamela her brother, before she even knew she had lost him.

The justice before whom the criminals were carried, and who lived within a short mile of the lady’s house, was luckily Mr. Booby’s acquaintance, by his having an estate in his neighbourhood. Ordering therefore his horses to his coach, he set out for the judgment-seat, and arrived when the justice had almost finished his business. He was conducted into a hall, where he was acquainted that his worship would wait on him in a moment; for he had only a man and a woman to commit to Bridewell first. As he was now convinced he had not a minute to lose, he insisted on the servant’s introducing him directly into the room where the justice was then executing his office, as he called it. Being brought thither, and the first compliments being passed between the squire and his worship, the former asked the latter what crime those two young people had been guilty of? “No great crime,” answered the justice; “I have only ordered them to Bridewell for a month.” “But what is their crime?” repeated the squire. “Larceny, an’t please your honour,” said Scout. “Ay,” says the justice, “a kind of felonious larcenous thing. I believe I must order them a little correction too, a little stripping and whipping.” (Poor Fanny, who had hitherto supported all with the thoughts of Joseph’s company, trembled at that sound; but, indeed, without reason, for none but the devil himself would have executed such a sentence on her.) “Still,” said the squire, “I am ignorant of the crime—the fact I mean.” “Why, there it is in peaper,” answered the justice, showing him a deposition which, in the absence of his clerk, he had writ himself, of which we have with great difficulty procured an authentic copy; and here it follows verbatim et literatim:—

The depusition of James Scout, layer, and Thomas Trotter, yeoman, taken before mee, one of his magesty’s justasses of the piece for Zumersetshire.

These deponants saith, and first Thomas Trotter for himself saith, that on the of this instant October, being Sabbath-day, betwin the ours of 2 and 4 in the afternoon, he zeed Joseph Andrews and Francis Goodwill walk akross a certane felde belunging to layer Scout, and out of the path which ledes thru the said felde, and there he zede Joseph Andrews with a nife cut one hassel twig, of the value, as he believes, of three half-pence, or thereabouts; and he saith that the said Francis Goodwill was likewise walking on the grass out of the said path in the said felde, and did receive and karry in her hand the said twig, and so was cumfarting, eading, and abatting to the said Joseph therein. And the said James Scout for himself says that he verily believes the said twig to be his own proper twig, etc.

“Jesu!” said the squire, “would you commit two persons to Bridewell for a twig?” “Yes,” said the lawyer, “and with great lenity too; for if we had called it a young tree, they would have been both hanged.” “Harkee,” says the justice, taking aside the squire; “I should not have been so severe on this occasion, but Lady Booby desires to get them out of the parish; so lawyer Scout will give the constable orders to let them run away, if they please, but it seems they intend to marry together, and the lady hath no other means, as they are legally settled there, to prevent their bringing an incumbrance on her own parish.” “Well,” said the squire, “I will take care my aunt shall be satisfied in this point; and likewise I promise you, Joseph here shall never be any incumbrance on her. I shall be obliged to you, therefore, if, instead of Bridewell, you will commit them to my custody.” “O! to be sure, sir, if you desire it,” answered the justice; and without more ado Joseph and Fanny were delivered over to Squire Booby, whom Joseph very well knew, but little guessed how nearly he was related to him. The justice burnt his mittimus, the constable was sent about his business, the lawyer made no complaint for want of justice; and the prisoners, with exulting hearts, gave a thousand thanks to his honour Mr. Booby; who did not intend their obligations to him should cease here; for, ordering his man to produce a cloak-bag, which he had caused to be brought from Lady Booby’s on purpose, he desired the justice that he might have Joseph with him into a room; where,