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Part 4 Chapter 3

What passed between the lady and lawyer Scout.

In the afternoon the lady sent for Mr Scout, whom she attacked most violently for intermeddling with her servants, which he denied, and indeed with truth, for he had only asserted accidentally, and perhaps rightly, that a year’s service gained a settlement; and so far he owned he might have formerly informed the parson and believed it was law. “I am resolved,” said the lady, “to have no discarded servants of mine settled here; and so, if this be your law, I shall send to another lawyer.” Scout said, “If she sent to a hundred lawyers, not one or all of them could alter the law. The utmost that was in the power of a lawyer was to prevent the law’s taking effect; and that he himself could do for her ladyship as well as any other; and I believe,” says he, “madam, your ladyship, not being conversant in these matters, hath mistaken a difference; for I asserted only that a man who served a year was settled. Now there is a material difference between being settled in law and settled in fact; and as I affirmed generally he was settled, and law is preferable to fact, my settlement must be understood in law and not in fact. And suppose, madam, we admit he was settled in law, what use will they make of it? how doth that relate to fact? He is not settled in fact; and if he be not settled in fact, he is not an inhabitant; and if he is not an inhabitant, he is not of this parish; and then undoubtedly he ought not to be published here; for Mr Adams hath told me your ladyship’s pleasure, and the reason, which is a very good one, to prevent burdening us with the poor; we have too many already, and I think we ought to have an act to hang or transport half of them. If we can prove in evidence that he is not settled in fact, it is another matter. What I said to Mr Adams was on a supposition that he was settled in fact; and indeed, if that was the case, I should doubt.” — “Don’t tell me your facts and your ifs,” said the lady; “I don’t understand your gibberish; you take too much upon you, and are very impertinent, in pretending to direct in this parish; and you shall be taught better, I assure you, you shall. But as to the wench, I am resolved she shall not settle here; I will not suffer such beauties as these to produce children for us to keep.” — “Beauties, indeed! your ladyship is pleased to be merry,” answered Scout. — “Mr Adams described her so to me,” said the lady. “Pray, what sort of dowdy is it, Mr Scout?” — “The ugliest creature almost I ever beheld; a poor dirty drab, your ladyship never saw such a wretch.” — “Well, but, dear Mr Scout, let her be what she will, these ugly women will bring children, you know; so that we must prevent the marriage.” — “True, madam,” replied Scout, “for the subsequent marriage cooperating with the law will carry law into fact. When a man is married he is settled in fact, and then he is not removable. I will see Mr Adams, and I make no doubt of prevailing with him. His only objection is, ............

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