[The Adventures of Sir Launcelot Greaves by Tobias Smollett]@TWC D-Link bookThe Adventures of Sir Launcelot Greaves CHAPTER TEN 6/9
That Captain Crowe was struck with admiration of her unequalled beauty; and he, Tom, no sooner informed him who she was, than he resolved to set her at liberty, on the supposition that she was under restraint, and in distress.
That he accordingly unsheathed his cutlass, and, riding after the coach, 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.
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