Henry Fielding – Tom Jones

MR DOWLING, ATTORNEY

Dowling, the only lawyer who appears regularly through the novel, is an exception to the “character pairs” rule. Is this because Fielding has nothing good to say about lawyers (and the law)? Or does it reflect the “cab rank principle”? That is, as an advocate available to all who wish to instruct him Dowling does not need an “opposite”? As the following discussion of Dowling’s character shows, Fielding’s portrayal of attorneys and their conduct in Tom Jones reflects a contemporary, commonly held, negative perception of lawyers. Equally, it reflects Fielding’s personal perspective as someone who was the social, intellectual, educational, and professional superior of those inhabiting the “lower ranks” of the law. Further, the analysis demonstrates the reader as judge (or juror) must reserve judgment until the totality of the evidence is available, in context.

Fielding warns the reader against “[borrowing] our idea of a man from our opinion of his calling”.²⁵⁵ However, three chapters before this Fielding makes the point that juries do judge lawyers less favourably than others.²⁵⁶ A reasonable inference is that Fielding expects the reader to have an open but sceptical mind.

Dowling is an ambiguous character, at one time appearing to assist the hero, Tom, and at others, the villain, Blifil. Dowling is the attorney from Salisbury ²⁵⁷ who arrives with news of Bridget’s death. ²⁵⁸ This is significant because it is Dowling’s evidence of his meeting with Blifil and the revelation that Blifil knows that Tom is his elder half-brother which leads to Bilfil’s downfall.²⁵⁹ However, for the reader, the additional significance of this revelation lies in the insight it provides concerning Dowling’s motives. Armed with this knowledge, the reader reviewing Dowling’s earlier appearances discovers that he, like Blifil, is a villain. It reinforces the dominant themes of “mystery, jargon and avarice”²⁶⁰ that mark Fielding’s depictions of lawyers in Tom Jones.

²⁵⁵ Tom Jones, above n 6, 542.

²⁵⁶ Ibid, 531. When Partridge contemplates forcibly returning Tom to Allworthy (before he knows why Tom left) one of his companions, an attorney’s clerk, says: “Suppose an action of false imprisonment be brought against us? … [I]t doesn’t look well for a lawyer to be concerned in these matters, unless it be as a lawyer. Juries are always less favourable to us than to other people.”
²⁵⁷ In another autobiographical twist, there is evidence to suggest that Dowling is modelled on another “shifty” Salisbury attorney, Robert Stillingfleet, who handled the sale of Fielding’s share of the farm at East Stour. Stillingfleet had apparently bilked Fielding of some of the money due from the sale. There is evidence suggesting that shortly after his admission to the Bar in 1740, Fielding issued proceedings in respect of the conveyance of East Stour property, but no record of the verdict has been traced. See Rogers, above n 1, 98–100.
²⁵⁸ Tom Jones, above n 6, 196.
²⁵⁹ Ibid, 793.
²⁶⁰ Ehrenpries, above n 213, 31.
The analysis that follows begins by placing the various terms Fielding uses when discussing “officers of the law” in their contemporary legal and social context. Three sections analysing Dowling’s actions, his motives, and his relationship and dealings with Tom, Blifil, and Allworthy follow.