"
In matters of high importance, particularly in cases relating to the
game, the justice was not always attentive to these admonitions of his
clerk; for, indeed, in executing the laws under that head, many
justices of peace suppose they have a large discretionary power, by
virtue of which, under the notion of searching for and taking away
engines for the destruction of the game, they often commit trespasses,
and sometimes felony, at their pleasure.
But this offence was not of quite so high a nature, nor so dangerous
to the society. Here, therefore, the justice behaved with some
attention to the advice of his clerk; for, in fact, he had already had
two informations exhibited against him in the King's Bench, and had no
curiosity to try a third.
The squire, therefore, putting on a most wise and significant
countenance, after a preface of several hums and hahs, told his
sister, that upon more mature deliberation, he was of opinion, that
"as there was no breaking up of the peace, such as the law," says
he, "calls breaking open a door, or breaking a hedge, or breaking a
head, or any such sort of breaking, the matter did not amount to a
felonious kind of a thing, nor trespasses, nor damages, and,
therefore, there was no punishment in the law for it."
Mrs. Western said, "she knew the law much better; that she had known
servants very severely punished for affronting their masters;" and
then named a certain justice of the peace in London, "who," she
said, "would commit a servant to Bridewell at any time when a master
or mistress desired it.
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