“Thou hast appointed justices of peace to call poor men before them for matters they were not able to answer.”—Shakespeare.

When the Parable of the Wheat and the Tares was spoken, the Blessed and only Wise foresaw the extreme difficulty of rooting out the tares without injuring the wheat, when the work is done by the ignorant or hasty hands of the servants.

So it was at Uphill. Captain Carbonel was made a county magistrate, and thus had more power in his hands, and his most earnest wish and prayer was to use it for the good of the parish. But things were very difficult. At the vestry, the farmers agreed with him that Barton and Morris ought not to have additional parish relief, great strong men as they were, who had both refused extra hours of labour offered by farmers, of a kind they did not like, and now demanded help on the score of their large families. In fact, it had become the custom to demand relief for every fresh child that was born, and the men were often idle in consequence. There were men with many children who had never come on the parish, because they were trustworthy and sober, and their wives were thrifty. Each magistrate could point to several of these, and each knew how the small and struggling ratepayers were oppressed. Nor could it be fair that these men should be maintained in idleness or dawdling at the expense of the hard-working small shopkeepers.

Every gentleman on the bench who had weakly yielded before, and had given an order to whoever tramped over to ask for it, was very glad to have some one who would speak out, and take the burthen of unpopularity. So the order was not given, and Barton and Morris walked home disappointed, but not till they had each taken a pint or two of beer at the “Blue Lion” on their way home, uttering many curses on “that there Gobbleall.” Captain Carbonel did not hear those same curses, but as he rode home he saw the two men stagger out of the “Blue Lion,” refreshed not only by their own pints, but by those of sympathisers. And the sight did not make him sorry for what he had done, knowing well that George Hewlett, Cox the cobbler, and Mrs Holly, the widow with a small shop, were almost borne down with the rates, and not seeing why they should toil that Billy and Nanny Barton should lounge and drink.

Billy Barton, however, did more. He joined an expedition which Dan Hewlett was already organising with Joe Todd, as much for revenge as profit, to have a night of poaching in Mr Selby’s woods, in which there were a number of fine pheasants, not so many as at present where preserves are strictly kept, but poaching was more profitable in some ways, since in those days poulterers were not allowed to sell game openly, but gave a higher price to men who could contrive to convey it to them, and then sold it at a great profit to pretentious people, who had no friends to give it to them, but who wanted to show it at their dinner-parties. Tirzah Todd, as usual, was the means of disposing of most of these gains. Her lively ways made poulterers and servants inclined to further her dealings.

She was a great deal too sharp to carry any save her lawful wares to Greenhow Farm; but in the last year since the Carbonels had come, especially since the captain had been a magistrate, the trade had been less prosperous and required more caution. Once Captain Carbonel had found a wire for a hare in his hedge, and had made it known that he should prosecute any one whom he caught out. He was no eager sportsman himself, but he had a respect for the law.

The poachers arranged a raid upon the Selby woods, in which Joe Todd, Dan Hewlett, and Billy Barton all took part. The first of these was too sharp to be caught by the keepers. He had all the litheness and cunning of his gipsy blood, and was actually safe in the branches of a tree overhead, while Dan, having put his foot into a rabbit-hole, was seized by one keeper, with his gun and a bag of spoil, and Billy Barton, in his bewilderment, ran straight into the arms of another, with a pheasant’s tail poking up his short smock-frock as it stuck out of his pocket.

Of course Mr Selby could not commit for an offence against himself, so Hewlett and Barton were hauled off to Captain Carbonel, while their wives begged to see madam, and they were conducted to the verandah, for the justice busin............