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.