ach, commanded the driver
to bring to, on pain of death. That one of the servants, believing the
captain to be a highwayman, presented a blunderbuss, and in all
probability would have shot him on the spot, had not he, the nephew, rode
up, and assured them the gentleman was non compos. That, notwithstanding
his intimation, all the three attacked him with the butt-ends of their
horsewhips, while the coach drove on, and although he laid about him with
great fury, at last brought him to the ground, by a stroke on the temple.
That Mr. Clarke himself then interposed in defence of his kinsman, and
was also severely beaten. That two of the servants, upon application to
a justice of the peace, residing near the field of battle, had granted a
warrant against the captain and his nephew, and, without examination,
committed them as idle vagrants, after having seized their horses and
their money, on pretence of their being suspected for highwaymen.

"But, as there was no just cause of suspicion," added he, "I am of
opinion, the justice is guilty of a trespass, and may be sued for falsum
imprisonamentum, and considerable damages obtained; for you will please
to observe, sir, no justice has a right to commit any person till after
due examination; besides, we were not committed for an assault and
battery, audita querela, nor as wandering lunatics by the statute, who,
to be sure, may be apprehended by a justice's warrant, and locked up and
chained, if necessary, or to be sent to their last legal settlement; but
we were committed as vagrants and suspected highwaymen. Now we do not
fall under the description of vagrants; nor did any circumstance appear
to support the suspicion of robbery; for, to constitute robbery, there
must be something taken; but here nothing was taken but blows, and they
were upon compulsion. Even an attempt to rob, without any taking, is not
felony, but a misdemeanour. To be sure, there is a taking in deed, and a
taking in law. But still the robber must be in possession of a thing
stolen; and we attempted to steal ourselves away. My uncle, indeed,
would have released the young lady vi et armis, had his strength been
equal to his inclination; and in so doing, I would have willingly lent my
assistance, both from a desire to serve such a beautiful young creature,
and also in regard to your honour, for I thought I heard her call upon
your name."

"Ha! how! what! whose name? say, speak--Heaven and earth!" cried th