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relating how a man of his own order-one Matthew Henderson*-came to the gallows by imitating the vices of gentlemen, could have been written by no footman that ever lived. Only Fielding would quote "The Beggar's Opera" to the effect that "if little men will have their vices, as well as the great, they will be punished for them." Except, then, in perhaps two instances, Fielding wrote a leader for "The True Patriot" every week, besides doing a large amount of other editorial work such as has been here outlined. It was an immense labour.

The first signs of relaxing energy occurred in the issue of March 4, when Fielding complained of "many malicious and base endeavours" to hinder the sale of his newspaper. This was his explanation-how far justified, no one knows -of a dwindling circulation, due mainly to a decrease in the demand for news of the war. At that time the "Apocrypha" disappeared from "The True Patriot" and was never again resumed. Several good leading articles-particularly one on hanging—were yet to be written; but only the last of them equalled the earlier ones either in point or humour; and in these closing numbers are those two doubtful papers to which attention has been called. It can hardly be a mere coincidence that the Lent Assizes in the WestJustices Dennison and Foster presiding-opened at Southampton on March 4, and continued through the month at Salisbury, Dorchester, Exeter, and Taunton. The law still being of prime importance with Fielding, it is probable that he attended the justices as was his custom on the Western Circuit. If this be so, it accounts for the very general topics discussed in the leaders and essays on politics during March-all of which might easily have been written some time in advance of publication, and for the termination of the comment on the apocryphal news of the week-those little delicately flavoured dishes which Heliogabalus rel"The Gentleman's Magazine," 1746, pp. 174-175, 218, 220.

ished, but which Fielding could not serve up when out of London. Then came in April the sittings of the King's Bench in London and Westminster, which would demand Fielding's presence.

His grip on "The True Patriot," once loosened, was never regained. After April 22, not a single advertisement appeared in the newspaper, none even by the publisher or by Fielding's friend Andrew Millar. "The True Patriot," having served its purpose, ceased to interest the public as well as the editor. Thereupon Fielding closed his books in time for another journey into the West for the summer Assizes. Viewed thus from the narrow personal standpoint, "The True Patriot" was a newspaper which Fielding conducted with vigour during his leisure between the sittings of the courts where he practised, and which he managed to keep alive, with the help of others, during term time. There is no doubt of the editor's exalted patriotism nor of his desire to put money into a depleted purse. His desire was probably not fulfilled to the extent he anticipated; but it is indisputable that he performed important public services during a national crisis-a time of confusion, said Fielding, which he hoped God would "never suffer to have its equal in this kingdom."

His own private affairs, it has recently been shown by Mr. J. Paul de Castro, were also in great confusion. As the legal adviser of a friend, Fielding became his surety and was compelled to pay. The case was this. The Collier sisters had a brother Arthur, who was then practising as an advocate at Doctors' Commons. His name appears among the subscribers to Fielding's "Miscellanies" as "the Worshipful Dr. Collier, L.L.D." Born in the same year, the two men had probably known each other ever since they were boys together at Salisbury. Though a lawyer of some ability, Dr. Collier was rather eccentric and quite untrustworthy in matters of business. Many years

before, he had borrowed £400 of Tristram Walton of Salisbury, presumably to help him towards his education in the law, and had very properly acknowledged the debt in "a certain writing obligatory" which he signed and sealed at Salisbury as far back as September 22, 1739. But he declined to pay the debt, although he was often requested to do so, and he flatly refused to admit damages to the amount of £40 which Tristram Walton claimed. Determined to have his money, Walton brought suit against Collier in the Court of the King's Bench on June 14, 1745, and secured from the Court an order for "special bail." Thereupon, according to the record of the proceedings as given by Mr. de Castro:

"James Harris of the City of New Sarum in the County of Wilts Esquire and Henry Fielding of Boswell Court in the parsh of St. Clement Danes in the County of Middlesex Esquire come into the Court of our Lord the King before the King himself at Westminster in their proper persons and become Pledges and each of them by himself did become Pledge for the said Arthur that if it should happen that the said Arthur should be condemned in the plea aforesaid then the said Pledges did grant and each of them for himself did grant that as well the said Debt as all such damages costs and charges as should be adjudged to the said Tristram in that behalf should be made of their and each of their lands and chattels and be levyed to the use of the said Tristram if it should happen that the said Arthur should not pay the said debt and damages costs and charges to the said Tristram or render himself on that occasion to the Prison of the Marshal of the Marshalsea of our Lord the King before the King himself."

The case, being duly tried, was decided in favour of the plaintiff; but Fielding immediately entered a demurrer for his client, which the Court overruled on November 12, 1745, and at the same time awarded the plaintiff further damages

to the amount of £8 10s. As a last resort, Fielding then appealed, on November 19, from the Exchequer Court to the Exchequer Chamber on a writ of error. The Chamber, after hearing the appeal on June 4, 1746, ordered:

"That the judgment should be in all things affirmed and should stand in full force and effect notwithstanding the said causes and matters assigned for Error by Arthur Collier. And it was also at the same time considered by the Court that Tristram Walton should recover against Arthur Collier eleven pounds and eleven shillings for his damages costs and charges which he had sustained by reason of the delay of execution of the said judgment on pretence of prosecuting the said Writ of Error."

The fatal day which Fielding had put off for months had at length arrived. Nothing could be collected from Harris, whose goods and chattels were far away in Salisbury. Accordingly an execution for £400 or more was taken out against Fielding. Beyond this we do not know the details. Probably Harris eventually paid his share of the obligation; but Dr. Collier stood by without much concern and let the law take its course. It may not be a mere coincidence that Fielding at once gave a quietus to the moribund "True Patriot," which he had conducted while the shadow of an ungrateful friend hung over him.*

*For the suit, see Mr. J. Paul de Castro, "Notes and Queries,'' 12 S. II, 104-106 (Aug. 5, 1916); where for Walton vs. Collier is cited King's Bench Plea Roll, Trinity Term, 18-19 George II, Roll 210, membrane 741 (Public Record Office).

CHAPTER XVI

THE JACOBITE'S JOURNAL

I

Again there was silence before the time came for another outburst of political journalism. Meanwhile Fielding and his sister continued to live in Old Boswell Court, where we have a casual view of them on an evening when they receive two visitors who call to pay their respects much as people nowadays seek out famous authors. The one who tells the story was Joseph Warton, a son of Thomas Warton, late professor of poetry at Oxford. Joseph was then but a young man recently in orders-not yet the Master of Winchester, and editor and critic of Pope. Of the reception he wrote, on October 29, 1746, to his brother Tom, a student at Oxford: "I wish you had been with me last week, when I spent two evenings with Fielding and his sister, who wrote David Simple, and you may guess I was very well entertained. The lady indeed retir'd pretty soon, but. Russell and I sat up with the Poet [meaning Fielding, to whom the title was given by virtue of his plays] till one or two in the morning, and were inexpressibly diverted. I find he values, as he justly may, his Joseph Andrews above all his writings: he was extremely civil to me, I fancy, on my Father's account.''* This is the real Fielding in his most delightful humour; but it is not to be inferred, as has

* J. Wool, "Biographical Memoirs of Joseph Warton," 1806, p. 215. In 1728, Fielding made a visit to Upton Grey, a few miles from Basingstoke, where the elder Thomas Warton, having resigned his Oxford professorship, resided as Vicar of the parish. It is probable that the two men were acquainted.

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