Amelia | Page 8

the clerk dissuaded him from, saying he doubted whether a justice of peace had any such power. The justice at first differed in opinion, and said, "He had seen a man stand in the pillory about perjury; nay, he had known a man in gaol for it too; and how came he there if he was not committed thither?" "Why, that is true, sir," answered the clerk; "and yet I have been told by a very great lawyer that a man cannot be committed for perjury before he is indicted; and the reason is, I believe, because it is not against the peace before the indictment makes it so." "Why, that may be," cries the justice, "and indeed perjury is but scandalous words, and I know a man cannot have no warrant for those, unless you put for rioting [Footnote: _Opus est interprete._ By the laws of England abusive words are not punishable by the magistrate; some commissioners of the peace, therefore, when one scold hath applied to them for a warrant against another, from a too eager desire of doing justice, have construed a little harmless scolding into a riot, which is in law an outrageous breach of the peace committed by several persons, by three at the least, nor can a less number be convicted of it. Under this word rioting, or riotting (for I have seen it spelt both ways), many thousands of old women have been arrested and put to expense, sometimes in prison, for a little intemperate use of their tongues. This practice began to decrease in the year 1749.] them into the warrant."
The witness was now about to be discharged, when the lady whom he had accused declared she would swear the peace against him, for that he had called her a whore several times. "Oho! you will swear the peace, madam, will you?" cries the justice: "Give her the peace, presently; and pray, Mr. Constable, secure the prisoner, now we have him, while a warrant is made to take him up." All which was immediately performed, and the poor witness, for want of securities, was sent to prison.
A young fellow, whose name was Booth, was now charged with beating the watchman in the execution of his office and breaking his lanthorn. This was deposed by two witnesses; and the shattered remains of a broken lanthorn, which had been long preserved for the sake of its testimony, were produced to corroborate the evidence. The justice, perceiving the criminal to be but shabbily drest, was going to commit him without asking any further questions. At length, however, at the earnest request of the accused, the worthy magistrate submitted to hear his defence. The young man then alledged, as was in reality the case, "That as he was walking home to his lodging he saw two men in the street cruelly beating a third, upon which he had stopt and endeavoured to assist the person who was so unequally attacked; that the watch came up during the affray, and took them all four into custody; that they were immediately carried to the round-house, where the two original assailants, who appeared to be men of fortune, found means to make up the matter, and were discharged by the constable, a favour which he himself, having no money in his pocket, was unable to obtain. He utterly denied having assaulted any of the watchmen, and solemnly declared that he was offered his liberty at the price of half a crown."
Though the bare word of an offender can never be taken against the oath of his accuser, yet the matter of this defence was so pertinent, and delivered with such an air of truth and sincerity, that, had the magistrate been endued with much sagacity, or had he been very moderately gifted with another quality very necessary to all who are to administer justice, he would have employed some labour in cross- examining the watchmen; at least he would have given the defendant the time he desired to send for the other persons who were present at the affray; neither of which he did. In short, the magistrate had too great an honour for truth to suspect that she ever appeared in sordid apparel; nor did he ever sully his sublime notions of that virtue by uniting them with the mean ideas of poverty and distress.
There remained now only one prisoner, and that was the poor man himself in whose defence the last-mentioned culprit was engaged. His trial took but a very short time. A cause of battery and broken lanthorn was instituted against him, and proved in the same manner; nor would the justice hear one word in defence; but, though his patience was exhausted, his breath was not; for against this last wretch he poured forth a