"The principal Duty which every Man owes is to his Country."
Enquiry into the ... Increase of Robbers.

To have created the English novel were, it might seem, achievement enough to tire for a while the most vigorous of intellects; but to the author of Tom Jones the apathy of repose was unknown. At no period of Fielding's short life can he be discerned as doing nothing; and, indeed, to an insight so penetrating, to an ardour so irrepressible, the England of George the Second can have afforded but very little inducement to inaction.

Thus, in the one month of October 1748, the pages of Tom Jones must have been nearing completion, if indeed the sheets were not already passing through the press. The Hanoverian philippics of "Mr Trott-Plaid" were still resounding in the Jacobite's Journal. While, on the 26th. of the month, Fielding's oaths were received for an entirely new rÔle, that of a Justice of the Peace for Westminster. 1 Ten days later the Jacobite's Journal had ceased to exist; and that a rumour was abroad connecting this demise of the Journal with the bestowal of a new and arduous post on its editor appears from a paragraph in the London Evening Post. On Nov. 8, that organ prepares its readers for the fact that the now defunct "Mr Trott-Plaid" may possibly "rise awful in the Form of a Justice." Within four weeks of this announcement 'Justice Fielding's' name appears for the first time in the Police-news of the day, in a committal dated December 10th 2 . And two days later he is sending three thieves to the Gatehouse, and admitting a suspected thief to bail, "after an Examination which lasted several hours." And it is interesting to notice that throughout this first month of his magisterial work the now 'awful form' of Justice Henry Fielding was kept constantly tempered in the public mind by the fact of his still undiminished popularity as a dramatist. In this December his comedies, with the inimitable 'romp' Kitty Clive as Miss Lucy, or the Intrigueing Chambermaid or Chloe, as the case might be, were played no fewer than nine times on the Drury Lane boards.

Scarcely had Fielding bent his genius to these new responsibilities of examining Westminster suspects and sending the rogues of that city to prison, than he appears preparing for an extension of those duties over the county of Middlesex. To be a county magistrate in 1750, however, necessitated the holding of landed estate worth £100 per annum; and Fielding's estate, for many years, seems to have been his pen. In this difficulty he turned to the Duke of Bedford, whose public virtues, and private generosity, were so soon to be acknowledged in the Dedication of Tom Jones. It was but three weeks after his appointment that the Westminster magistrate wrote as follows to the giver of those "princely Benefactions":

"Bow Street. Decr. 13. 1748.

"My Lord,

"Such is my Dependence on the Goodness of your Grace, that before my Gout will permit me to pay my Duty to you personally, and to acknowledge your last kind Favour to me, I have the Presumption to solicite your Grace again. The Business of a Justice of Peace for Westminster is very inconsiderable without the Addition of that for the County of Middlesex. And without this Addition I cannot completely serve the Government in that office. But this unfortunately requires a Qualification which I want. Now there is a House belonging to your Grace, which stands in Bedford St., of 70l. a year value. This hath been long untenanted, and will I am informed, require about 300l. to put in Repair. If your Grace would have the Goodness to let me have a Lease of this House, with some other Tenement worth 30l. a year, for 21 years, it would be a complete Qualification. I will give the full Worth for this lease, according to the valuation which any Person your Grace shall be pleased to appoint sets upon it. The only favour I beg of your Grace is, that I be permitted to pay the Money in two years, at four equal half-yearly Payments. As I shall repair the House as soon as possible, it will be in Reality an Improvement of that small Part of your Grace's estate, and will be certain to make my Fortune.

"Mr Butcher will acquaint your Grace more fully than perhaps I have been able to do; and if Your Grace thinks proper to refer it to him, I and mine will be eternally bound to pray for your Grace tho I sincerely hope you will not lose a Farthing by doing so vast a service to,

"My Lord your Grace's
"Most obliged most obed' humble servant
"H. Ffielding." 3

It seems probable that the Duke found better means of helping wit and genius, than by the leasing of the dilapidated tenement in Bedford Street. At any rate a month later, on January 11, we find Fielding duly swearing to an estate as consisting of "several Leasehold Messuages or Tenements Lying or being in the several parishes of St Paul Covent Garden, St Martin in the ffields, St Giles in the ffields, and St Georges Bloomsbury ... now in the possession or occupation of [my] Tennants or Undertennants, for and during the Term of Twenty one years of the clear yearly value of £100...." This statement, which is preserved in the Middlesex Records, is followed by Fielding's signature, appended to an oath that his qualification to serve as a Justice of the Peace for the county is as above described. 4

On the day following this sworn statement, January 12, 1749, his oaths were received as a Justice of the Peace for Middlesex. 5 But even this did not satisfy all the requirements of those days of doctrinal inquisitions and Jacobite risings. The certificate may still be seen among the Middlesex Records, duly certified by Charles Tough, Minister of the Parish and Church of St Pauls, Covent Garden, and 'Sworn in Court,' that "Henry Fielding Esq. on Sunday the 26th day of March, 1749, did receive the Sacrament of the Lord's Supper in ye Parish Church aforesaid, immediately after Divine Service and Sermon, according to the usage of the Church of England." 6 And among the same archives the dusty Oath Roll is preserved, bearing, under date of April 5, 1749, the signature of Henry ffielding to a declaration of disbelief in the doctrine of Transubstantiation; a comprehensive oath of faithful service to King George and abjuration of King James; an oath directed against the power of the Holy See; and an oath of true allegiance to King George. All which oaths and declarations, it appears from the endorsement of the Roll, were taken immediately after the administration of Holy Communion, as attested by two credible witnesses. 7

The Bow Street Police Court, Sir John Fielding presiding

It is with this second Commission in the Peace that we enter on the last five years of Fielding's crowded life, years full of that valiant struggle with eighteenth century crime to which the health of the great novelist was ultimately sacrificed. For no magistrate ever fulfilled more faithfully, or at greater personal cost, the first obligation of his Oath, "Ye shall swear that as Justice of Peace ... ye shall do equall right to the Poor and to the Rich, after your Cunning Witt and Power and after the Laws and Customes of the Realm...." And Fielding brought to his new post something more than a zealous discharge of the daily and nightly duties of an eighteenth century police magistrate. His genius and his patriotism found opportunity in the squalid Bow Street Court-room for advocating reforms as yet untouched by the slow hand of the professional philanthropist. The names of those reformers, of the men and women who swept away the pestilential horrors of eighteenth century prisons, of the statesmen who abolished laws that hung a man for stealing a handkerchief, and destroyed the public gallows that gave the mob their Tyburn holiday, of the creators of our temperance legislation, of our poor-law system, of our model dwellings,--all these are held high in honour. Because Henry Fielding was above all things a great creative genius his wise and strenuous efforts to raise social conditions, and to eradicate social sores, have been unduly forgotten.

"Whatever he desired, he desired ardently," says Murphy. We soon have evidence of Justice Henry Fielding's ardent desire to cleanse London from some of the crying evils of his time. Of these evils none pressed more cruelly on the honest citizens than the prevalence and brutality of street robberies. To the well-protected Englishman of to-day the London of 1750 would seem a nightmare of lawlessness. Thieves, as Fielding tells us, attacked their victims with loaded pistols, beat them with bludgeons and hacked them with cutlasses; and as to the murderers of the period, he has recorded how he himself was engaged on five different murders, all committed by different gangs of street robbers within the space of one week. The exploit of one such gang may be quoted, from a newspaper paragraph of the first month of Fielding's administration at Bow Street. "On Friday evening," says the General Advertiser for January 23, 1749, "about twenty fellows arm'd with Pistols, Cutlasses, Hangers, &c. went to the Gatehouse and one of them knocking at the Door, it was no sooner open'd than they all rush'd in, and struck and desperately wounded the Turnkey, and all that oppos'd them, and in Triumph carried off the Fellow who pick'd General Sinclaire's pocket of his watch as he was going into Leicester House." Surely, cries the indignant newspaper, "this instance of Daring Impudence must rouse every Person of Property to assemble and consult means for their own Security at least; for if Goals can be forc'd in this manner, private Houses can make but little resistance against such Gangs of Villains as at present infest this Great Metropolis." It was admitted that the numbers and arms of street robbers rendered it ordinarily impossible to arrest them in the act; and Fielding tells us how "Officers of Justice have owned to me that they have passed by [men] with Warrants in their Pockets against them without daring to apprehend them; and indeed they could not be blamed for not exposing themselves to sure Destruction: For it is a melancholy Truth, that at this very Day a Rogue no sooner gives the Alarm within certain Purlieus, than twenty or thirty armed Villains are found ready to come to his Assistance." And the new Justice found no effectual means at his disposal for coping with what he very aptly calls the enslaved condition of Londoners, assaulted, pillaged, and plundered; unable to sleep in their own houses, or to walk the streets, or to travel in safety. There were the Watch, who, we learn from Amelia were "chosen out of those poor old decrepid People, who are from their Want of bodily Strength rendered incapable of getting a Livelihood by Work. These Men, armed only with a Pole, which some of them are scarce able to lift, are to secure the Persons and Houses of his Majesty's Subjects from the Attacks of Gangs of young, bold, stout, desperate and well-armed Villains.... If the poor old Fellows should run away from such Enemies, no one I think can wonder, unless he should wonder that they are able even to make their Escape." 8 These lineal descendants of Dogberry were supplemented by constables who it appears had to apply to the military when called upon to cope with the mere suppression of a gaming-house; and by "Thief-catchers," individuals so popularly odious that "the Thief-catcher is in Danger of worse Treatment from the Populace than the Thief." While the law was thus handicapped, the thief, on his side, had the advantage of the irregular buildings and the immense number of lanes, alleys, courts, and bye-places of London and Westminster, which, says Fielding, "had they been intended for the very purpose of concealment, they could scarce have been better contrived. Upon such a view the whole appears as a vast Wood or Forest, in which a Thief may harbour with as great Security as Wild Beasts do in the Desarts of Africa or Arabia." Also the thief's organisation was excellent: "there are at this Time," Fielding observes, "a great Gang of Rogues whose Number falls little short of a Hundred, who are incorporated in one Body, have Officers and a Treasury; and have reduced Theft and Robbery into a regular System." Further, he could generally bribe or deter the prosecutor. And in a last resource "rotten Members of the Law" forged his defence, and abundant false witnesses supported it. An illuminating example of the methods employed by our Georgian ancestors towards "deterring" prosecution occurs in a smuggling case of 1748, perpetrated shortly before Fielding first took office. A party of smugglers caught a custom-house officer and a shoemaker on their way to give evidence. The officer had 'every joint of him' broken; and after other torture, the description of which is more suitable for eighteenth century pages than our own, was dispatched. The less fortunate shoemaker was hung by the middle over a dry well, and left there. Several days afterwards the smugglers, returning and hearing him groan, cut the rope, let him drop to the bottom, and threw in logs and stones to cover him. And it was not only from the common thief that the Londoner of 1750 suffered. That fine flower of eighteenth century lawlessness, the gentleman of the road, carried his audacities into the heart of the Town itself. "I was sitting in my own dining-room on Sunday night," writes Horace Walpole, to a friend, "the clock had not struck eleven, when I heard a loud cry of 'stop thief!' A highwayman had attacked a postchaise in Piccadilly: the fellow was pursued, rode over the watchman, almost killed him, and escaped."

It was into a conflict with this epidemic of crime that Fielding, at forty-three, and with already broken health, flung his energies, to such purpose that in these last five years of his life it is but too easy to forget the creator of Joseph Andrews, of Tom Jones, and of Amelia, in his last 'ardent desire,' as ardently pursued, to purify the sorely diseased body politic. His method of attack was twofold. He dealt vigorously with the individual criminal; and he sought to remove some of the causes by which those criminals were engendered. The individual attack is, for the most part, but sordid reading. Thus from a fragment of the Westminster Committment Books, preserved with the Middlesex Records, we may see how in January and February of this year 1749 'Henry Fielding Esq.' committed to the New Prison such cases as:

This sorry list, interspersed with cases of murder, of robbery with violence, and of smuggling, may doubtless be extended over the entire five years of Fielding's work on the Bench; and to reiterate the details of such work would be as tedious now as the monotonous discharge of these duties must once have been to the author of Tom Jones. 9 Of much more enduring interest is the great novelist's second line of attack on the problem confronting him.

For Henry Fielding's insight was far too profound for him to fail to strike at the root of individual crime, in those conditions which bred the criminal as surely as, to use his own favourite simile, unclean surroundings breed disease. And he had not been six months on the Bench before finding his first opportunity in a Charge delivered, as their Chairman, to the Westminster Grand Jury, on June 29, 1749. 10 This "very loyal, learned, ingenious, excellent and useful" Charge was published "By Order of the Court, and at the unanimous Request of the Gentlemen of the Grand Jury"; and it is, Mr Austin Dobson tells us, "still regarded by lawyers as a model exposition." It is also a stirring appeal to the worthy jurors to discharge their duties as befitted men called upon to exercise one of the most ancient and honourable of English liberties: "Grand Juries, Gentlemen," declared their new Chairman, "are in Reality the only Censors of this Nation. As such, the Manners of the People are in your Hands, and in yours only. You, therefore, are the only Correctors of them.... To execute this Duty with Vigilance, you are obliged by the Duty you owe both to God and to your Country." Here is the same zeal, now directed to stimulating the conscience of the Westminster Jurors, which moved Captain Vinegar to lay about him so lustily on all the abuses within reach of his newspaper, and which inspired the 'father of the English Novel' with the admitted motive,--"I declare, that to recommend Goodness and Innocence hath been my sincere Endeavour in this History"--if not with the consummate art of his pages.

Fielding specially directs the energies of his jurors to the repression of open profligacy, the more as, through the 'egregious folly' of their parents, the Town had then become the 'seminaries of education' for youths of birth and station. And he bids them attend to those 'temples of iniquity' the masquerade rooms of the time, with a side glance at Foote's scandalous performances; to the gaming houses; to the prevalent vice of profane swearing, that "detestable Crime, so injurious to the Honour of God, so directly repugnant to His positive Commands, so highly offensive to the Ears of all good Men, and so very scandalous to the Nation in the Ears of Foreigners"; and to the libeller, a species of 'Vermin' whom "men ought to crush wherever they find him, without staying till he bite them." It is noteworthy also, that to the genius of Fielding, 'watching, brooding, creating,' the characteristic feature of his age seemed to be a "fury after licentious and luxurious pleasures." "Gentlemen," he cries, "our News-Papers, from the Top of the Page to the Bottom, the Corners of our Streets up to the very Eves of our Houses, present us with nothing but a View of Masquerades, Balls, and Assemblies of various Kinds, Fairs, Wells, Gardens, &c. tending to promote Idleness, Extravagance and Immorality, among all Sorts of People." Many of the public, he declares, make diversion "no longer the Recreation or Amusement, but the whole Business of their Lives"; and not content with three theatres they must have a fourth. What would he have said to a London in which not four but a hundred and twenty theatres draw nightly, and sometimes twice a day, their crowded audiences.

Two days after the delivery of this Charge (which the General Advertiser praises as "excellent and learned") a three days street riot broke out, which it fell to Fielding to subdue. On Saturday July 1 a mob had gathered in the Strand, about a disorderly house where a sailor was said to have been robbed. Beadle Nathaniel Munns, arriving on the scene, found the mob crying out "Pull down the house, pull down the house!"; and sent for the constables. Meanwhile the mob broke open the house and demolished and stripped the same; and throwing the goods out of the windows, set fire to them, causing such danger of a general conflagration that 'the parish engines' were sent for. A constable, not being able to find any magistrate in Town, went to Somerset House to procure assistance from the military, and on his returning with a corporal and twelve men, a force that later that night was increased to an officer and forty men, the mob was at last dispersed. On the next day, however, Sunday, they reassembled, and proceeded to demolish a second house, and to burn the goods thereof with an even larger fire than that of the preceding night. Mr Saunders Welch, High Constable for Holborn and, Fielding tells us, "one of the best Officers who was ever concerned in the Execution of Justice, and to whose Care, Integrity and Bravery the Public hath, to my Knowledge, the highest Obligations," passing through Fleet Street at the time, saw this second fire, and was told by the owner of another house that the mob threatened to come to him next. Upon which Mr Welch "well knowing the Impossibility of procuring any Magistrate at that Time who would act," went to the Tilt Yard and procured an officer and some forty men; and returning, found the third house in great part wrecked, the danger of fire here being aggravated by the extreme narrowness of the street on both sides and the fact that the premises of a bank were adjacent. This same Sunday night, also, the mob broke open the night-prison under Beadle Munns' house, rescuing two prisoners; and forced the Watch-house of the Liberty with stones and brick bats, to the imminent danger of the Beadle's life, as "sworn before me, Henry Fielding." Till three in the morning Mr Welch and the soldiers remained on duty, by which time the rioters had again dispersed. All this time Fielding, Mr Welch records, was out of town; but, by noon on Monday, the Justice was back in Bow Street: and, on being acquainted with the riot, immediately dispatched an order for a party of the Guards to bring the prisoners to his house, the streets being then full of a riotous crowd threatening danger of rescue. Fielding proceeded to examine the prisoners, a "vast mob" meanwhile being assembled in Bow Steet, and the streets adjacent. On information of the threatening aspect of the people he applied to the Secretary at War for a reinforcement of the Guards; and from his window, spoke to the mob, informing them of their danger, and exhorting them to disperse, but in vain. Rumours, moreover, came that four thousand sailors were assembling to march to the Strand that Monday night. In view of these rumours and of the riotous state of the streets, Fielding, the officer of the guard, and Mr Welch "sat up the whole night, while a large party of soldiers were kept ready under arms who with the peace officers patrolled the streets." And thanks to this vigorous action on the part of their new magistrate the citizens found peace restored within twelve hours of his return to town.

The same day as that on which Fielding was addressing the riotous mob from his Bow Street windows, and sitting up all night with the officer of a military guard, he found time to write to the Duke of Bedford on his own behalf and on that of his family, concerning the provision for which he betrays so constant an anxiety.

"Bow Street. July 3. 1749.

"My Lord,

"The Protection which I have been honoured with receiving at the Hands of your Grace, and the goodness which you were pleased to express some time toward me, embolden me to mention to your Grace that the Place of Solicitor to the Excise is now vacant by the Death of Mr Selwyn. I hope no Person is better qualified for it, and I assure you, my Lord, none shall execute it with more Fidelity. I am at this Moment busied in endeavouring to suppress a dangerous Riot, or I w'd. have personally waited on your Grace to solicite a Favour which will make me and my Family completely happy.

"I am, &c.,

"H. Ffielding." 11

The vacant post was secured, alas, by another candidate.

A few weeks after the riotous scenes which had enabled Fielding to show himself a man of prompt action in times of popular ferment, the publication is advertised of his Charge, published "by order of the Court and at the request of the Gentleman of the Grand Jury." And on the same day he submits to the Lord Chancellor a copy both of this pamphlet, and of a draft of a Bill for the better preventing Street Robberies &c, the design of which it appears Lord Hardwick had already encouraged.

"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 Middlesex 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 constitution 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 illustrious 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 Sex, 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 Gratitude 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 Gratitude

"Sir,
"Y'r most obliged
"Most obed't
"humble Servant

"Henry Fielding.

"To the Hon'ble
"George Lyttelton, Esqr." 13

Edward Moore

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 circumstances 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 entitled "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 Constitution 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 Compassion." Accordingly he laid the evidence in his possession before "some very noble 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 compassion 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."