Daniel Defoe - Moll Flanders

By this time some of his neighbours having come in, and, upon inquiry, seeing how things went, had endeavoured to bring the hot–brained mercer to his senses, and he began to be convinced that he was in the wrong; and so at length we went all very quietly before the justice, with a mob of about five hundred people at our heels; and all the way I went I could hear the people ask what was the matter, and other reply and say, a mercer had stopped a gentlewoman instead of a thief, and had afterwards taken the thief, and now the gentlewoman had taken the mercer, and was carrying him before the justice. This pleased the people strangely, and made the crowd increase, and they cried out as they went, 'Which is the rogue? which is the mercer?' and especially the women. Then when they saw him they cried out, 'That's he, that's he'; and every now and then came a good dab of dirt at him; and thus we marched a good while, till the mercer thought fit to desire the constable to call a coach to protect himself from the rabble; so we rode the rest of the way, the constable and I, and the mercer and his man.

When we came to the justice, which was an ancient gentleman in Bloomsbury, the constable giving first a summary account of the matter, the justice bade me speak, and tell what I had to say. And first he asked my name, which I was very loth to give, but there was no remedy, so I told him my name was Mary Flanders, that I was a widow, my husband being a sea captain, died on a voyage to Virginia; and some other circumstances I told which he could never contradict, and that I lodged at present in town with such a person, naming my governess; but that I was preparing to go over to America, where my husband's effects lay, and that I was going that day to buy some clothes to put myself into second mourning, but had not yet been in any shop, when that fellow, pointing to the mercer's journeyman, came rushing upon me with such fury as very much frighted me, and carried me back to his master's shop, where, though his master acknowledged I was not the person, yet he would not dismiss me, but charged a constable with me.

Then I proceeded to tell how the journeyman treated me; how they would not suffer me to send for any of my friends; how afterwards they found the real thief, and took the very goods they had lost upon her, and all the particulars as before.

Then the constable related his case: his dialogue with the mercer about discharging me, and at last his servant's refusing to go with him, when he had charged him with him, and his master encouraging him to do so, and at last his striking the constable, and the like, all as I have told it already.

The justice then heard the mercer and his man. The mercer indeed made a long harangue of the great loss they have daily by lifters and thieves; that it was easy for them to mistake, and that when he found it he would have dismissed me, etc., as above. As to the journeyman, he had very little to say, but that he pretended other of the servants told him that I was really the person.

Upon the whole, the justice first of all told me very courteously I was discharged; that he was very sorry that the mercer's man should in his eager pursuit have so little discretion as to take up an innocent person for a guilty person; that if he had not been so unjust as to detain me afterward, he believed I would have forgiven the first affront; that, however, it was not in his power to award me any reparation for anything, other than by openly reproving them, which he should do; but he supposed I would apply to such methods as the law directed; in the meantime he would bind him over.

But as to the breach of the peace committed by the journeyman, he told me he should give me some satisfaction for that, for he should commit him to Newgate for assaulting the constable, and for assaulting me also.

Accordingly he sent the fellow to Newgate for that assault, and his master gave bail, and so we came away; but I had the satisfaction of seeing the mob wait upon them both, as they came out, hallooing and throwing stones and dirt at the coaches they rode in; and so I came home to my governess.

After this hustle, coming home and telling my governess the story, she falls a–laughing at me. 'Why are you merry?' says I; 'the story has not so much laughing room in it as you imagine; I am sure I have had a great deal of hurry and fright too, with a pack of ugly rogues.' 'Laugh!' says my governess; 'I laugh, child, to see what a lucky creature you are; why, this job will be the best bargain to you that ever you made in your life, if you manage it well. I warrant you,' says she, 'you shall make the mercer pay you #500 for damages, besides what you shall get out of the journeyman.'

I had other thoughts of the matter than she had; and especially, because I had given in my name to the justice of peace; and I knew that my name was so well known among the people at Hick's Hall, the Old Bailey, and such places, that if this cause came to be tried openly, and my name came to be inquired into, no court would give much damages, for the reputation of a person of such a character. However, I was obliged to begin a prosecution in form, and accordingly my governess found me out a very creditable sort of a man to manage it, being an attorney of very good business, and of a good reputation, and she was certainly in the right of this; for had she employed a pettifogging hedge solicitor, or a man not known, and not in good reputation, I should have brought it to but little.

I met this attorney, and gave him all the particulars at large, as they are recited above; and he assured me it was a case, as he said, that would very well support itself, and that he did not question but that a jury would give very considerable damages on such an occasion; so taking his full instructions he began the prosecution, and the mercer being arrested, gave bail. A few days after his giving bail, he comes with his attorney to my attorney, to let him know that he desired to accommodate the matter; that it was all carried on in the heat of an unhappy passion; that his client, meaning me, had a sharp provoking tongue, that I used them ill, gibing at them, and jeering them, even while they believed me to be the very person, and that I had provoked them, and the like.

My attorney managed as well on my side; made them believe was a widow of fortune, that I was able to do myself justice,

and had great friends to stand by me too, who had all made me promise to sue to the utmost, and that if it cost me a thousand pounds I would be sure to have satisfaction, for that the affronts I had received were insufferable.

However, they brought my attorney to this, that he promised he would not blow the coals, that if I inclined to accommodation, he would not hinder me, and that he would rather persuade me to peace than to war; for which they told him he should be no loser; all which he told me very honestly, and told me that if they offered him any bribe, I should certainly know it; but upon the whole he told me very honestly that if I would take his opinion, he would advise me to make it up with them, for that as they were in a great fright, and were desirous above all things to make it up, and knew that, let it be what it would, they would be allotted to bear all the costs of the suit; he believed they would give me freely more than any jury or court of justice would give upon a trial. I asked him what he thought they would be brought to. He told me he could not tell as to that, but he would tell me more when I saw him again.

Some time after this, they came again to know if he had talked with me. He told them he had; that he found me not so averse to an accommodation as some of my friends were, who resented the disgrace offered me, and set me on; that they blowed the coals in secret, prompting me to revenge, or do myself justice, as they called it; so that he could not tell what to say to it; he told them he would do his endeavour to persuade me, but he ought to be able to tell me what proposal they made. They pretended they could not make any proposal, because it might be made use of against them; and he told them, that by the same rule he could not make any offers, for that might be pleaded in abatement of what damages a jury might be inclined to give. However, after some discourse and mutual promises that no advantage should be taken on either side, by what was transacted then or at any other of those meetings, they came to a kind of a treaty; but so remote, and so wide from one another, that nothing could be expected from it; for my attorney demanded #500 and charges, and they offered #50 without charges; so they broke off, and the mercer proposed to have a meeting with me myself; and my attorney agreed to that very readily.