I suppose?— I am quite satisfied with Mr. Francis Osbaldistone’s explanation — here has been some mistake, which can be cleared at greater leisure.”
“Pardon me, sir,” said I; “but I have not heard the nature of the accusation yet.”
“Yes, sir,” said the clerk, who, at the appearance of Miss Vernon, had given up the matter in despair, but who picked up courage to press farther investigation on finding himself supported from a quarter whence assuredly he expected no backing —“Yes, sir, and Dalton saith, That he who is apprehended as a felon shall not be discharged upon any man’s discretion, but shall be held either to bail or commitment, paying to the clerk of the peace the usual fees for recognisance or commitment.”
The Justice, thus goaded on, gave me at length a few words of explanation.
It seems the tricks which I had played to this man Morris had made a strong impression on his imagination; for I found they had been arrayed against me in his evidence, with all the exaggerations which a timorous and heated imagination could suggest. It appeared also, that on the day he parted from me, he had been stopped on a solitary spot and eased of his beloved travelling-companion, the portmanteau, by two men, well mounted and armed, having their faces covered with vizards.
One of them, he conceived, had much of my shape and air, and in a whispering conversation which took place betwixt the freebooters, he heard the other apply to him the name of Osbaldistone. The declaration farther set forth, that upon inquiring into the principles of the family so named, he, the said declarant, was informed that they were of the worst description, the family, in all its members, having been Papists and Jacobites, as he was given to understand by the dissenting clergyman at whose house he stopped after his rencontre, since the days of William the Conqueror.
Upon all and each of these weighty reasons, he charged me with being accessory to the felony committed upon his person; he, the said declarant, then travelling in the special employment of Government, and having charge of certain important papers, and also a large sum in specie, to be paid over, according to his instructions, to certain persons of official trust and importance in Scotland.
Having heard this extraordinary accusation, I replied to it, that the circumstances on which it was founded were such as could warrant no justice, or magistrate, in any attempt on my personal liberty. I admitted that I had practised a little upon the terrors of Mr. Morris, while we travelled together, but in such trifling particulars as could have excited apprehension in no one who was one whit less timorous and jealous than himself. But I added, that I had never seen him since we parted, and if that which he feared had really come upon him, I was in nowise accessory to an action so unworthy of my character and station in life. That one of the robbers was called Osbaldistone, or that such a name was mentioned in the course of the conversation betwixt them, was a trifling circumstance, to which no weight was due. And concerning the disaffection alleged against me, I was willing to prove, to the satisfaction of the Justice, the clerk, and even the witness himself, that I was of the same persuasion as his friend the dissenting clergyman; had been educated as a good subject in the principles of the Revolution, and as such now demanded the personal protection of the laws which had been assured by that great event.
The Justice fidgeted, took snuff, and seemed considerably embarrassed, while Mr. Attorney Jobson, with all the volubility of his profession, ran over the statute of the 34 Edward III., by which justices of the peace are allowed to arrest all those whom they find by indictment or suspicion, and to put them into prison. The rogue even turned my own admissions against me, alleging, “that since I had confessedly, upon my own showing, assumed the bearing or deportment of a robber or malefactor, I had voluntarily subjected myself to the suspicions of which I complained, and brought myself within the compass of the act, having wilfully clothed my conduct with all the colour and livery of guilt.”
I combated both his arguments and his jargon with much indignation and scorn, and observed, “That I should, if necessary, produce the bail of my relations, which I conceived could not be refused, without subjecting the magistrate in a misdemeanour.”
“Pardon me, my good sir — pardon me,” said the insatiable clerk; “this is a case in which neither bail nor mainprize can be received, the felon who is liable to be committed on heavy grounds of suspicion, not being replevisable under the statute of the 3d of King Edward, there being in that act an express exception of such as be charged of commandment, or force, and aid of felony done;” and he hinted that his worship would do well to remember that such were no way replevisable by common writ, nor without writ.
At this period of the conversation a servant entered, and delivered a letter to Mr. Jobson. He had no sooner run it hastily over, than he exclaimed, with the air of one who wished to appear much vexed at the interruption, and felt the consequence attached to a man of multifarious avocations —“Good God!— why, at this rate, I shall have neither time to attend to the public concerns nor my own — no rest — no quiet — I wish to Heaven another gentleman in our line would settle here!”
“God forbid!” said the Justice in a tone of sotto-voce deprecation; “some of us have enough of one of the tribe.”
“This is a matter of life and death, if your worship pleases.”
“In God’s name! no more justice business, I hope,” said the alarmed magistrate.
“No — no,” replied Mr. Jobson, very consequentially; “old Gaffer Rutledge of Grime’s-hill is subpoenaed for the next world; he has sent an express for Dr. Kill-down to put in bail — another for me to arrange his worldly affairs.”
“Away with you, then,” said Mr. Inglewood, hastily; “his may not be a replevisable case under the statute, you know, or Mr. Justice Death may not like the doctor for a main pernor, or bailsman.”
“And yet,” said Jobson, lingering as he moved towards the door, “if my presence here be necessary — I could make out the warrant for committal in a moment, and the constable is below — And you have heard,” he said, lowering his voice, “Mr. Rashleigh’s opinion”— the rest was lost in a whisper.
The Justice replied aloud, “I tell thee no, man, no — we’ll do nought till thou return, man; ’tis but a four-mile ride — Come, push the bottle, Mr. Morris — Don’t be cast down, Mr. Osbaldistone — And you, my rose of the wilderness — one cup of claret to refresh the bloom of your cheeks.”
Diana started, as if from a reverie, in which she appeared to have been plunged while we held this discussion. “No, Justice — I should be afraid of transferring the bloom to a part of my face where it would show to little advantage; but I will pledge you in a cooler beverage;” and filling a glass with water, she drank it hastily, while her hurried manner belied her assumed gaiety.
I had not much leisure to make remarks upon her demeanour, however, being full of vexation at the interference of fresh obstacles to an instant examination of the disgraceful and impertinent charge which was brought against me. But there was no moving the Justice to take the matter up in absence of his clerk, an incident which gave him apparently as much pleasure as a holiday to a schoolboy. He persisted in his endeavours to inspire jollity into a company, the individuals of which, whether considered with reference to each other, or to their respective situations, were by no means inclined to mirth. “Come, Master Morris, you’re not the first man that’s been robbed, I trow — grieving ne’er brought back loss, man. And you, Mr. Frank Osbaldistone, are not the first bully-boy that has said stand to a true man. There was Jack Winterfield, in my young days, kept the best company in the land — at horse-races and cock-fights who but he — hand and glove was I with Jack. Push the bottle, Mr. Morris, it’s dry talking — Many quart bumpers have I cracked, and thrown many a merry main with poor Jack — good family — ready wit — quick eye — as honest a fellow, barring the deed he died for — we’ll drink to his memory, gentlemen — Poor Jack Winterfield — And since we talk of him, and of those sort of things, and since that d — d clerk of mine has taken his gibberish elsewhere, and since we’re snug among ourselves, Mr. Osbaldistone, if you will have my best advice, I would take up this matter — the law’s hard — very severe — hanged poor Jack Winterfield at York,