Tomkins said, that it was very hard that he should have to pay so heavy a fine, only for having a few hares in his cart; and did not see how he was more to blame than the poulterer, to whom he was going to send them, or than the gentlemen who bought them of the poulterers. Mr. Hale replied, that he and his brother justices sat there to execute the laws, and had not time to discuss the propriety of them, or the cases of other offenders who were not before them. "As for you, Mr. Tomkins," he continued, "for the reasons which I have given, I do not think your punishment at all too severe: at all events, it is the punishment prescribed by law, which we are bound to inflict. As for those other persons to whom you allude, a poulterer exposing game for sale, and a gentleman or other person buying it[], are liable to the same penalty, and if they should be brought before us with sufficient evidence against them, it would be our duty to convict them. Perhaps I might also feel it right to give them the same admonition that I have given you. I might feel it right to hint to them, as I have done to you, that they are encouraging poor men to break the laws by poaching, and that they are in one point of view more to blame than the poachers themselves. A poacher often pleads distress and poverty. This is no excuse for him, but can certainly often be pleaded with truth. Now, certainly, a poor, uneducated man, who breaks the laws through distress—though mind, I again say, that that is no excuse for him—must in one point of view at least, be considered as less blameable than he who knowingly breaks them for the purpose of mere gain, or, than he who violates them for the sake of gratifying his appetite or his vanity, by seeing game upon his table."
Tomkins had nothing more to say, excepting that he had not the money by him, and wanted a little time to raise it. The justices therefore allowed him to defer the payment till that day fortnight.
When the culprit returned into the market-place, he pretended to make light of the affair; and calling at the Red Lion for a pot of ale with some gin in it, drank "good luck to poaching," and affected to laugh at the magistrates. Fifteen pounds, however, was really a heavy pull upon Tomkins's purse, and whatever he might pretend, it weighed upon his mind a good deal.
When he got back to his own house, he was loud in expressing his ill humour against Mr. Hale, and the whole bench of justices: and uttered against them the most dreadful curses. "Come, come, Stephen," said old Truman, his father-in-law, who was quietly sitting in the chimney-corner, "come, come, you are going a little too far; I am sorry for many reasons that you have got into this scrape, and don't wonder at your being vexed; but what right have you to cry out so against Mr. Hale?"—"Right!" said Tomkins, "right enough, I think. Why, has'nt he fined me fifteen pounds?"—"Yes; but could he do otherwise? Every magistrate, you know, is sworn to execute the laws to the best of his judgment. If, after such clear evidence, he had let you off, he would have broken his oath, and have acted ill towards the public at large, and unjustly towards those who are entitled to receive the money. Besides, Stephen, you don't suppose, because a magistrate punishes you as an offender, that he bears any ill will to you as a man. Excepting on licensing-day, he probably never saw you before, and never thought about you one way or the other."—"Well then," said Tomkins, "I hate him for being a magistrate at all."—"Now there you're wrong again," said the old man; "I'm sure we all ought to be very thankful to those gentlemen, who will undertake such a troublesome office, especially as they get nothing by it. There are few people in these days that will work without pay. The judges get some thousands a year, and a pension when they are too old for service. I do not wish them one farthing less, for they deserve richly all they get, and are, generally speaking, an honour to the country. The attorneys too, if you have any dealings with them, come pretty quick upon you with their three-and-fourpences, and their six-and-eightpences; and the counsellors seldom open their mouths under a guinea or two. Tho' here again I must say, that I don't think either of these sorts of lawyers over-paid, when you consider how many years most of them work before they get any thing, (many, I believe, never get any thing at all.) The gentlemen, however, who act as justices, give their time and attention for nothing, and run the risk of giving offence to many of their neighbours into the bargain. No one, I'm sure, will undertake the office, who values his own ease, and quiet, and comfort, at a higher rate than the being of use to his neighbours and the public."—"I wish," said Tomkins peevishly, "there were no such things as laws or magistrates in the world."—"Like enough, like enough," replied Truman, "men are apt to quarrel with the laws when the laws are too hard for 'em. You don't often look into the Bible, Stephen, but that would tell you, that the magistrate beareth not the sword in vain, but is an avenger to execute wrath upon every soul that doeth evil. It is, therefore, natural for a man, who has done evil, or who means to do evil, to wish that there was no such check upon him. But those who, instead of doing evil, wish to lead quiet and peaceable lives in an honest way, are glad to have the laws to protect them from evil doers, and are thankful to those who duly execute them."
Tomkins did not much like Truman's lecture, and instead of being benefited by it, retained in his heart all his ill-will against Mr. Hale. In this he was not only very wrong, but, I am disposed to think, more unreasonable than the generality of men who may be in the same unlucky circumstances with himself. For men, who are convicted upon sufficient evidence, have generally the sense to see that the magistrate who convicts them, merely does his bounden duty. Tomkins put common sense and reason out of the question, and determined to do something by way of revenge. Mr. Hale's house was situated about seven miles off. It stood at the extremity of a rather extensive paddock, at the other end of which was a large fish pond, well stored with jack and perch. Tomkins knew the pond well, and took it into his head, that he would make it refund part of his fifteen pounds. He communicated his plan to Will Atkins, young Wildgoose, and Mike Simmons, who readily entered into it. They heard that Mr. Hale was from home for a few days, and determined to execute their plan without delay. They accordingly furnished themselves with a large net, and in the dusk of the evening proceeded to a barn, at a little distance from Mr. Hale's grounds. Here they concealed themselves till towards twelve o'clock at night. They then got over the pales, and were just beginning to open their net, when they were alarmed by the sound of horses coming swiftly along the road. They thought themselves safe from the owner of the pond, but were of course afraid of being seen at that time of night by any one else, and crouched down to avoid observation. In this they did not succeed. It was a cloudy night, but still the moon gave some light, and the horsemen, who proved to be Mr. Hale, (who had been unexpectedly called home,) his brother the Captain, and a servant, caught a glimpse of them. The gentlemen directly gave their horses to the servant, and jumping over the pales hastened towards the pond. The plunderers immediately ran off, and three of them were soon lost in the plantations. Wildgoose, however, in the hurry set his foot in a drain, threw himself down, and was taken.
When told his name and place of abode, Mr. Hale said, that "he remembered his father as an honest and industrious man:" indeed the sad accident by which he lost his life, had made his name known throughout the neighbourhood. And then addressing himself to his prisoner, "Young man," said he, "I respected your father, and have heard that your mother bears an excellent character; I am therefore, heartily sorry to find that their son has taken to such bad practices. It is well for you that I did not come up a little later, after you had carried your scheme into execution. Had that been the case, you might have been transported." "Transported!" said Wildgoose in astonishment, "what, transported for taking a few fish!" "Yes, transported," replied the magistrate; "if a man steals fish from a pond in any inclosed ground, he is, upon conviction before one Justice, to be sentenced to pay five pounds: but if he enters into any park, or paddock, or garden adjoining to a house, and steals fish from any river, or pond in it, he is liable to be indicted at the Assizes, and transported for seven years[c]. The law often finds it necessary to protect, by a severe penalty, property that is much exposed; and when a man is daring enough to carry on his depredations in the very homestead of his neighbour, he requires a severe punishment. In the present case, though your intention is sufficiently clear, I have no wish, and do not feel bound, to prosecute you. Nor shall I (as I might do) sue you for the trespass. Go home to your mother, and never again allow yourself to be led by bad advisers into the like crime."
Jack had told his mother that he was going to a friend at a distance, and should not return home that night. This made her sadly anxious; but she knew by experience that persuasion was lost upon him. When he returned home in the morning, she was confirmed in the suspicion that something was wrong. From his intimacy with Will Atkins she concluded he had been upon some poaching scheme; and determined, as she could do nothing herself, to try what effect Mr. Hooker could produce upon her son. It was not long before a good opportunity offered. Just as Jack left Mr. Hale's paddock, a heavy rain had come on, which soon soaked his clothes. Wet as he was, he got into a shed, partly for shelter, and partly to fill up the time, till his mother was up in the morning to let him in. The consequence was, that he caught a severe cold, attended with so much fever and head-ache, that he was unfit to go to work. Mr. Hooker called, and having kindly enquired after his health, began giving some hints on the subject of poaching. Jack sulkily answered, that "no one had a right to consider him as a poacher, until he was caught." Mr. Hooker, however, who had had some communication with Sir John's keeper, soon let him know that he had good ground for what he said; and endeavoured to make him sensible of the criminality and danger of his conduct. Jack would not acknowledge that poaching was wrong. Stealing he knew was disgraceful and sinful. To carry off a sheep, or to rob a henroost, deserved, he allowed, to be severely punished; "but," said he, "I cannot see the harm of poaching: animals that run wild by nature belong to nobody, and any body that can has a right to catch them. I don't know why it is more wrong to kill a partridge than it is to kill a crow or a sparrow; or why catching a hare is worse than knocking down a squirrel." "The laws of the land," said Mr. Hooker, "have made a difference between those animals, and it is the duty of every man to obey the laws of the country in which he lives." "Not," answered Jack, "if the laws are hard or unfair." "Our duty," replied Mr. Hooker, "is to obey the laws as we find them. If every one were at liberty to reject such laws as he disliked, we might almost as well have no laws at all. The thief would cast off the laws against stealing; the drunkard those against drunkenness; and of course the poacher would have no laws against poaching. The Scriptures teach us to submit ourselves to every ordinance of man; why? for the Lord's sake:—as a matter of religious duty. They bid us to be subject not only for wrath, for fear of punishment, but for conscience sake. They teach us to obey magistrates: to be dutiful to the king as supreme, and to magistrates as to them that are sent by him for the punishment of evil doers, and the praise of them that do well. Remember, therefore, that quiet obedience to the laws of the land is a Christian duty. We are to obey the laws, whether we approve of them or not: but perhaps, after all, the laws against poaching are not so unreasonable as you take them to be. Upon what do the hares, and pheasants, and partridges feed?" "Why, upon a number of things; chiefly upon the grass and corn, and such like; and a deal of mischief they do." "Well then, being supported by the produce of the land, they ought in some way to belong to the land; but as from their wildness they move about from place to place, it is for the law to say in what manner they shall belong to it; and the law does this by making a certain property in land the principal qualification for killing game. Perhaps I may think that some alteration in the qualification might be an advantage; but I am not a lawgiver, Jack, any more than you; and as I said before, we are to obey the laws as we find them." "It's very well," said Jack, sulkily, "for a gentleman like you to talk about obedience to the laws, but I don't know what good the laws do to such a poor fellow as I am." Mr. Hooker did not immediately notice this, but, seeming to change the conversation, said, "By the bye, John, I was sorry to hear of your quarrel with Tom Nutman, the blacksmith at Ratton. I'm told that he threatens to break every bone in your skin. Are you not afraid of meeting him?" "Afraid," said Jack, "let him touch me if he dare." "Why, do you think that he is prevented by any sense of religion from putting his threat in execution?" "Religion! he has no more religion than a dog." "Oh! then you think that he is afraid of you, and that you are more than a match for him?" "Why no, I can't say that:—he's much the strongest man of the two, and is a noted prize fighter." "Then why should he not dare to touch you?" "Because he knows, that if he should strike me, I should get a warrant against him, and have him off to prison before he was a day older." "Oh! that is what you mean, is it? it seems then that the law is of some use to you, poor as you are. And as you say that he is not influenced by the fear of God, what is there that prevents his coming to-morrow, with half a dozen of the Ratton men, carrying off every thing in your mother's shop, and breaking your head if you said a word against it?—The laws of the land certainly, which he knows would severely punish his wrong doing." John was forced to acknowledge, that even the poor had an interest in the protection afforded by the law to persons and property.