In these operations he did not proceed unobserved, and the next day a warrant was issued for apprehending him. He was accordingly carried before a meeting of justices, and by them committed to the county gaol, to take his trial for the felony at the next assizes. Mr. Tyrrel was determined to prosecute the offence with the greatest severity; and his attorney, having made the proper enquiries for that purpose, undertook to bring it under that clause of the act 9 Geo. I. commonly called the Black Act, which declares that "any person, armed with a sword, or other offensive weapon, and having his face blackened, or being otherwise disguised, appearing in any warren or place where hares or conies have been or shall be usually kept, and being thereof duly convicted, shall be adjudged guilty of felony, and shall suffer death, as in cases of felony, without benefit of clergy." Young Hawkins, it seemed, had buttoned the cape of his great coat over his face, as soon as he perceived himself to be observed, and he was furnished with a wrenching-iron for the purpose of breaking the padlocks. The attorney further undertook to prove, by sufficient witnesses, that the field in question was a warren in which hares were regularly fed. Mr. Tyrrel seized upon these pretences with inexpressible satisfaction. He prevailed upon the justices, by the picture he drew of the obstinacy and insolence of the Hawkinses, fully to commit the lad upon this miserable charge; and it was by no means so certain as paternal affection would have desired, that the same overpowering influence would not cause in the sequel the penal clause to be executed in all its strictness.
This was the finishing stroke to Hawkins's miseries: as he was not deficient in courage, he had stood up against his other persecutions without flinching. He was not unaware of the advantages which our laws and customs give to the rich over the poor, in contentions of this kind. But, being once involved, there was a stubbornness in his nature that would not allow him to retract, and he suffered himself to hope, rather than expect, a favourable issue. But in this last event he was wounded in the point that was nearest his heart. He had feared to have his son contaminated and debased by a servile station, and he now saw him transferred to the seminary of a gaol. He was even uncertain as to the issue of his imprisonment, and trembled to think what the tyranny of wealth might effect to blast his hopes for ever.
From this moment his heart died within him. He had trusted to persevering industry and skill, to save the wreck of his little property from the vulgar spite of his landlord. But he had now no longer any spirit to exert those efforts which his situation more than ever required. Mr. Tyrrel proceeded without remission in his machinations; Hawkins's affairs every day grew more desperate, and the squire, watching the occasion, took the earliest opportunity of seizing upon his remaining property in the mode of a distress for rent.
It was precisely in this stage of the affair, that Mr. Falkland and Mr. Tyrrel accidentally met, in a private road near the habitation of the latter. They were on horseback, and Mr. Falkland was going to the house of the unfortunate tenant, who seemed upon the point of perishing under his landlord's malice. He had been just made acquainted with the tale of this persecution. It had indeed been an additional aggravation of Hawkins's calamity, that Mr. Falkland, whose interference might otherwise have saved him, had been absent from the neighbourhood for a considerable time. He had been three months in London, and from thence had gone to visit his estates in another part of the island. The proud and self-confident spirit of this poor fellow always disposed him to depend, as long as possible, upon his own exertions. He had avoided applying to Mr. Falkland, or indeed indulging himself in any manner in communicating and bewailing his hard hap, in the beginning of the contention, and, when the extremity grew more urgent, and he would have been willing to recede in some degree from the stubbornness of his measures, he found it no longer in his power. After an absence of considerable duration, Mr. Falkland at length returned somewhat unexpectedly; and having learned, among the first articles of country intelligence, the distresses of this unfortunate yeoman, he resolved to ride over to his house the next morning, and surprise him with all the relief it was in his power to bestow.
At sight of Mr. Tyrrel in this unexpected rencounter, his face reddened with indignation. His first feeling, as he afterwards said, was to avoid him; but finding that he must pass him, he conceived that it would be want of spirit not to acquaint him with his feelings on the present occasion.
"Mr. Tyrrel," said he, somewhat abruptly, "I am sorry for a piece of news which I have just heard."
"And pray, sir, what is your sorrow to me?"
"A great deal, sir: it is caused by the distresses of a poor tenant of yours, Hawkins. If your steward have proceeded without your authority, I think it right to inform you what he has done; and, if he have had your authority, I would gladly persuade you to think better of it."
"Mr. Falkland, it would be quite as well if you would mind your own business, and leave me to mind mine. I want no monitor, and I will have none."
"You mistake, Mr. Tyrrel; I am minding my own business. If I see you fall into a pit, it is my business to draw you out and save your life. If I see you pursuing a wrong mode of conduct, it is my business to set you right and save your honour."