Henry Fielding: a Memoir: Including Newly Discovered Letters and Records with Illustrations from Contemporary PrintsGodden, G. M. (Gertrude M.)
General
Henry Fielding: a Memoir: Including Newly Discovered Letters and Records with Illustrations from Contemporary Prints
Godden, G. M. (Gertrude M.)
Authors, English -- 18th century -- Biography; Fielding, Henry, 1707-1754; Fielding, Henry, 1707-1754 -- Correspondence
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.
Public-domain text, read in full here on John Shaqi.
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