"Bow Street, July 21. 1749.
"My Lord,
"I beg your Lordship"s acceptance of a Charge given by me to the Grand Jury of Westminster though I am but too sensible how unworthy it is of your notice.
"I have likewise presumed to send my Draught of a Bill for the better preventing street Robberies &c. which your Lordship was so very kind to say you would peruse; I hope the general Plan at least may be happy in your Approbation.
"Your Lordship will have the goodness to pardon my repeating a desire that the name of Joshua Brogden, may be inserted in the next commission of the Peace for Middles.e.x and Westminster for whose [integrity] and Ability in the Execution of his office. I will engage my credit with your Lordship, an Engagement which appears to me of the most sacred Nature.
"I am, "My Lord, with the utmost Respect and Devotion, "Your Lordship"s most Obed"t "Most humble Servant "H. Ffielding. [12]
"To the Right Hon"ble.
"The Lord High Chancellor of G. Britain."
All trace of the text of this draft Bill seems to have been lost; but the fact of the Lord Chancellor"s consent to consider its provisions shows clearly enough how rapidly Fielding was adding to his now achieved fame as the author of _Tom Jones_ the very different reputation of an authority on criminal legislation.
The application on behalf of Joshua Brogden, later if not at this time the Justice"s Clerk, recalls the further pleasant tribute paid to the soundness of Mr Brogden"s morals in the _Journal of a Voyage to Lisbon_.
If all Fielding"s modest magisterial income of 300 a year had gone, as he declares it should have done, to his clerk, that functionary would, he tells us, have been "but ill paid for sitting almost sixteen hours in the twenty four, in the most unwholesome, as well as nauseous air in the universe, and which hath in his case corrupted a good const.i.tution without contaminating his morals." It was Joshua Brogden who had witnessed, a few months earlier, the agreement with Andrew Millar for _Tom Jones_. Could the good clerk but have played the part of a Boswell to his ill.u.s.trious master we should have something more than our present scanty materials for the personal life of Henry Fielding.
Yet another of Fielding"s rare letters belongs to this year; a letter conveying his formal congratulations to Lyttelton, on that model statesman"s second marriage, and in which his warm heart again makes application, not on behalf of his own scanty means, but for a friend.
"Bow Street, Aug"t 29, 1749.
"Sir,
"Permit me to bring up the Rear of your Friends in paying my Compliments of Congratulation on your late Nuptials. There may perhaps be seasons when the Rear may be as honourable a Post in Friendship as in War, and if so such certainly must be every time of Joy and Felicity. Your present situation must be full of these; and so will be, I am confident, your future Life from the same Fountain. Nothing can equal the excellent character your Lady bears among those of her own s.e.x, and I never yet knew them speak well of a woman who did not deserve their good words. How admirable is your Fortune in the Matrimonial Lottery! I will venture to say there is no man alive who exults more in this, or in any other Happiness that can attend you than myself; and you ought to believe me from the same Reason that fully persuades me of the satisfaction you receive from any Happiness of mine; this Reason is that you must be sensible how much of it I owe to your goodness; and there is a great Pleasure in Grat.i.tude though it is second I believe to that of Benevolence; for of all the Delights upon Earth none can equal the Raptures which a good mind feels on conferring Happiness on those whom we think worthy of it. This is the sweetest ingredient in Power, and I solemnly protest I never wished for Power, more than a few days ago for the sake of a Man whom I love, and that more perhaps from the esteem I know he bears towards you than from any other Reason. This Man is in Love with a young Creature of the most apparent worth, who returns his affection. Nothing is wanting to make two very miserable People extremely Blessed but a moderate portion of the greatest of human Evils. So Philosophers call it, and so it is called by Divines, whose word is the rather to be taken, as they are, many of them, more conversant with this Evil than ever Philosophers were. The Name of this man is Moore to whom you kindly destined that Laurel, which, though it hath long been withered, may not probably soon drop from the Brow of its present Possessor; but there is another Place of much the same Value now vacant: it is that of Deputy Licensor to the Stage. Be not offended at this Hint; for though I will own it impudent enough in one who hath so many Obligations of his own to you, to venture to recommend another man to your Favour, yet Impudence itself may possibly be a Virtue when exerted on the behalf of a Friend; at least I am the less ashamed of it, as I have known men remarkable for the opposite Modesty possess it without the mixture of any other good Quality.
In this Fault then you must indulge me; for should I ever see you as high in Power as I wish, and as it is perhaps more my Interest than your own that you should be, I shall be guilty of the like as often as I find a Man in whom I can, after much intimacy discover no want, but that of the Evil above mentioned. I beg you will do me the Honour of making my Compliments to your unknown Lady, and believe me to be with the highest Esteem, Respect, Love, and Grat.i.tude
"Sir, "Y"r most obliged "Most obed"t "humble Servant
"Henry Fielding.
"To the Hon"ble "George Lyttelton, Esqr." [13]
This Edward Moore was a poet held worthy, it would seem, to possess the Laureat"s "withered" laurel (even in 1749 Fielding cannot refrain from a thrust at Colley Cibber); a journalist; a writer of whom Dibden declared that the tendency of all his productions was to "cultivate truth and morality"; a tradesman in the linen business; and the son of a dissenting minister: a combination of circ.u.mstances closely recalling Fielding"s friendship for the good dissenter, jeweller, and poet, George Lillo. And it is to an undated letter by Edward Moore, hitherto overlooked, that we owe one of the rare references to Henry Fielding from a contemporary pen.
Moore is writing to a dissenting minister at Taunton, one Mr John Ward, of whom it was said that venerable as he himself was for learning, worth, and piety he deemed it "_an honour to have his name connected with that of Moore_,"--a further proof of the quality of man whom Fielding choose for friend. Moore had been prevented, by Fielding"s illness, from appointing an evening on which he might invite the Taunton minister to his lodgings to meet there some of the first wits of the day. "It is not," he writes, "owing to forgetfulness that you have not heard from me before. Fielding continues to be visited for his sins so as to be wheeled about from room to room; when he mends I am sure to see him at my lodgings; and you may depend upon timely notice. What fine things are Wit and Beauty, if a Man could be temperate with one, or a Woman chaste with the other! But he that will confine his acquaintance to the sober and the modest will generally find himself among the dull and the ugly. If this remark of mine should be thought to shoulder itself in without an introduction you will be pleased to note that Fielding is a Wit; that his disorder is the Gout, and intemperance the cause." It is of course idle to contend that Fielding always carried a cool head. Murphy tells us that to him might justly be applied a parody on a saying concerning Scipio,--"always over a social bottle or a book, he enured his body to the dangers of intemperance, and exercised his mind with Studies." But we must in justice remember that the Augustan age of English literature concerned itself but very little with our modern virtue of sobriety. That Fielding, with the other great men of his day, very often drank more than was good for him, amounts to little more than saying that he wore a laced coat when he had one, and carried a sword at his side.
The execution of one of the Strand rioters, Bosavern Penlez by name, in September, had roused much controversy; and as the evidence in the case was in Justice Fielding"s possession, and the attacks were levelled at the Government, we find him plunged once more into political pamphleteering in the publication, under the date of 1749, of the learned little treatise ent.i.tled "_A True State of the Case of Bosavern Penlez" who suffered on account of the late riot in the Strand. In which the Law regarding these Offences and the Statute of George I. commonly called the Riot Act are fully considered_." The pamphlet opens with a warm protest against the abuse to which Fielding had been subjected by his political opponents. "It may easily be imagined," he writes, "that a Man whose Character hath been so barbarously, even without the least Regard to Truth or Decency, aspersed, on account of his Endeavours to defend the present Government, might wish to decline any future Appearance as a political Writer"; but more weighty considerations move him to lay the defence of the Riot Act in general, and of this application of it in particular, before a public which had been imposed upon "in the grossest and wickedest manner." We have already quoted the vivid depositions concerning this Strand riot, which were sworn before Fielding, and which he here reproduces; and his historical defence of the public need of suppressing riots, from the days of Wat Tyler onwards, may be left to the curious reader. Needless to say, Fielding makes out an excellent case against the toleration of mob law:-- "When by our excellent Const.i.tution the greatest Subject, no not even the King himself, can, without a lawful Trial and Conviction divest the meanest Man of his Property, deprive him of his Liberty, or attack him in his Person; shall we suffer a licentious Rabble to be Accuser, Judge, Jury, and Executioner; to inflict corporal Punishment, break open Men"s Doors, plunder their Houses, and burn their Goods?" And, at the close, this pamphlet reveals the warm-hearted magistrate no less than the erudite lawyer. For of the two condemned prisoners, Wilson and Penlez, the case of the former seemed to Fielding "to be the Object of true Compa.s.sion."
Accordingly he laid the evidence in his possession before "some very n.o.ble Persons," and, he adds, "I flatter myself that it might be a little owing to my Representation, that the Distinction between an Object of Mercy, and an Object of Justice at last prevailed". So the felon gained his respite, and a lasting niche for his name, in that he owed his life partly if not wholly to the generous compa.s.sion of Henry Fielding. The pamphlet seems to have made its mark, for a second edition was advertised within a month of publication.
This eventful year, the year which had seen the publication of _Tom Jones_, the shackling of Fielding"s genius within the duties of a London magistrate, the issue of two pamphlets occupied with criminal reform and administration, the drafting of a proposed Criminal Bill, and the suppression of a riot, closed sadly with the death of Fielding"s little daughter, Mary Amelia, when barely twelve months old. She was buried at St Paul"s, Covent Garden, on the seventeenth of December, 1749. And some time in the autumn or early winter Fielding himself appears to have been dangerously ill. This we learn from the following paragraph in the _General Advertizer_ for December 28: "Justice Fielding has no Mortification in his Foot as has been reported: that Gentleman has indeed been very dangerously ill with a Fever, and a Fit of the Gout, in which he was attended by Dr Thompson, an eminent Physician, and is now so well recovered as to be able to execute his Office as usual."
[1] His Commission in the Peace for Westminster bears date October 25.
1748.
[2] An application is reported for the 2nd of December before "Justice Fielding" of Meards Court, St. Anne"s, but for reasons given below this _may_ refer to John Fielding.
[3] From the autograph now at Woburn Abbey, and printed in the _Correspondence of John Fourth Duke of Bedford_. Vol. i. p. 589.
[4] Middles.e.x Records. Volume of _Qualification Oaths for Justices of the Peace_. 1749. From an entry dated July 13, 1749, in the same volume, Fielding appears to have then owned leases in the three first named parishes only.
[5] See the King"s Writ, now preserved in the Record Office.
[6] Middles.e.x Records. _Sacramental Certificates_.
[7] Middles.e.x Records. _Oath Rolls_.
[8] _Amelia_. Book i. Chapter ii.
[9] The Westminster _Session Rolls_, preserved among the Middles.e.x Records, contain many recognizances all signed by Fielding.
[10] "On Friday last," announces the General Advertiser for May 17, "Counsellor Fielding, one of his Majesty"s Justices of the Peace was chosen Chairman of the Sessions at Hicks Hall for the County of Middles.e.x"; a statement not very compatible with the incontestable evidence preserved in the _General Orders Books_ of the Middles.e.x Records, by which it appears that John Lane Esq"re was elected Chairman of the Middles.e.x General Sessions and General Quarter Session from Ladyday 1749 to September 1752. The personal paragraphist of 1749 was perhaps no less inaccurate than his descendant of to-day. But a few weeks later this honour of chairmanship was certainly accorded to Fielding by his brethren of the Bench for Westminster. An entry in the _Sessions Book_ of Westminster, 1749 runs as follows: "May. 1749, Mr Fielding elected chairman of this present Session and to continue untill the 2nd day of the next." _MSS Sessions Books for Westminster. Vol. 1749_. Middles.e.x Records.
[11] From the autograph now at Woburn Abbey, and printed in the _Correspondence of John, Fourth Duke of Bedford_, vol. ii. p. 35.
[12] From the hitherto unpublished autograph now in the British Museum.
[13] This letter is now in the Dreer Collection of the Historical Society of Pennsylvania, Philadelphia, U.S.A.
CHAPTER XIII
FIELDING AND LEGISLATION
"The Subject, as well as the Child, should be left without excuse before he is punished: for, in that case alone, the Rod becomes the Hand either of the Parent or the Magistrate."
_Inquiry Into the Causes of the late Increase of Robbers_.
There is no Bill for the suppression of street robberies on the Statute Book for 1749 or 1750; so the draft which Fielding, with characteristic energy, despatched to the Lord Chancellor but a few months after his appointment to the Bench, was, presumably, pigeon-holed. Meanwhile, the criminal conditions of the metropolis seem to have become, if anything, more scandalous. In February 1750, the _Penny Post_ reports the gaols in and about London to be "now so full of Felons and desperate Rogues that the Keepers have not fetters enow to put upon them; so that in some Prisons two or three are chained together to prevent their escape." And on the fifth of the same month the _General Advertiser_ hears that "near 40 Highwaymen, street Robbers, Burglars, Rogues, Vagabonds, and Cheats have been committed within a week last past by Justice Fielding." But however full of business the Bow Street court-room might be, that dreary routine [1] would make, as we have said, but equally dreary reading. And the fact that both John and Henry Fielding appear to have been known as "Justice Fielding" during the lifetime of the latter, lessens whatever biographical value might be extracted from the constant newspaper paragraphs recording the Fielding cases. It is clear that the house in Bow Street was the centre of an active campaign against the thieves, murderers, professional gamblers, and highwaymen, who were then so rife. Military guards conducted thither prisoners, brought for examination from Newgate, for fear of rescue from gangs lurking in the neighbouring streets. All "Persons who have been robbed" and their servants, were desired, by public advertis.e.m.e.nt, to attend Justice Fielding "at his House in Bow Street," to identify certain prisoners under examination. And thither came the "porters and beggars," the composing of whose quarrels Henry Fielding himself has told us, occupied his days. The generous spirit in which he treated such poor clients, and his tenderness for those driven by want into crime, are eminently characteristic of the man. By adjusting, instead of inflaming, these squalid quarrels, and by "refusing to take a shilling from a man who must undoubtedly would not have had another left," he reduced a supposed income of 500 a year to 300. And if the picture of the poor wretch, driven to highway robbery by the sight of his starving family, whom Tom Jones relieved from his own scanty purse, be not proof enough of the compa.s.sion that tempered Justice Fielding"s sternness, we have his own express pleading for these unhappy victims of circ.u.mstance: "what can be more shocking," he cries, "than to see an industrious poor Creature, who is able and willing to labour forced by mere want into Dishonesty, and that in a Nation of such Trade and Opulence." So justly could Fielding apportion the contributary negligence of society towards the criminals bred by its apathy.
And it was not only the impoverished porter who found help at Bow Street.
"When," says Murphy, "in the latter end of [Mr Fielding"s] days he had an income of four or five hundred a-year, he knew no use of money but to keep his table open to those who had been his friends when young, and had impaired their own fortunes." As Mr Austin Dobson says, in commenting on one of Horace Walpole"s scurrilous letters, [2] "it must always have been a more or less ragged regiment which met about that kindly Bow Street board." The man who parted with his own hardly won arrears of rent to relieve the yet greater need of a College friend, was little likely to be less generous when the tardy "jade Fortune" at last put some secured income into his hands.
No special event marks the spring and summer of 1750. On the 11th of January the Westminster General Quarter Sessions opened, and on the following day Fielding was again elected as chairman "for the two next Quarter Sessions"; which election was repeated, "for the two next Sessions, [3]" in July. The Registers of St Paul"s Covent Garden record the baptism of a daughter, Sophia, on the 21st of January. And an indication that the zealous magistrate was plunged, personally, into some of the tumults of the time occurs in the following trifling note to the Duke of Bedford.
"My Lord,
"In obedience to the Commands I have the Honour to receive from your Grace, I shall attend tomorrow morning and do the utmost in my Power to preserve the Peace on that occasion.
"I am, with grat.i.tude and Respect, "My Lord, "Your Grace"s most obliged "most obedient humble servant.
"Henry Ffielding. [4]
"Bow Street,
"May 14, 1750."