Читать книгу Ten Thousand a-Year. Volume 2 - Samuel Warren - Страница 1

CHAPTER I

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"The Attorney-General did his work very fairly, I thought—eh, Lynx?" said Mr. Subtle, as arm-in-arm with Mr. Lynx, he quitted the Castle-gates, each of them on his way to their respective lodgings, to prepare for the next day's work.

"Yes—he's a keen hand, to be sure: he's given us all work enough; and I must say, it's been a capital set-to between you! I'm very glad you got the verdict!"

"It wouldn't have done to be beaten on one's own dung-hill, as it were—eh? By the way, Lynx, that was a good hit of yours about the erasure—I ought, really, if it had occurred to me at the time, to have given you the credit of it—'twas entirely yours, Lynx, I must say."

"Oh, no!"—replied Lynx, modestly. "It was a mere accident my lighting on it; the merit was, the use you made of it!"

"To think of ten thousand a-year turning on that same trumpery erasure!"–

"But are you sure of our verdict on that ground, Mr. Subtle? Do you think Lord Widdrington was right in rejecting that deed?"1

"Right? to be sure he was! But I own I got rather uneasy at the way the Attorney-General put it—that the estate had once been vested, and could not be subsequently de-vested by an alteration or blemish in the instrument evidencing the passing of the estate—eh? that was a good point, Lynx."

"Ay, but as Lord Widdrington put it—that could be only where the defect was proved to exist after a complete and valid deed had been once established."

"True—true; that's the answer, Lynx; here, you see, the deed is disgraced in the first instance; no proof, in fact, that it ever was a deed—therefore, mere waste paper."

"To be sure, possession has gone along with the deed"–

"Possession gone along with it!—What then?—That is to say, the man who has altered it, to benefit himself and his heirs, keeps it snugly in his own chest—and then that is of itself to be sufficient to"–

"Ay—but what I'm afraid of, is this: that the presumption of forgery arising from the alteration, is overcome by the presumption to the contrary, arising from long-continued and consistent possession!—On the other hand, however, it is certainly a general rule that the party producing an instrument must account for the appearance of erasure or alteration, to encounter the presumption of fraud!—I must say that seems good sense enough!"…

"It's really been a very interesting cause," said Mr. Subtle.

"Very. Some capital points—that of Mortmain's on the stamp act"–

"Pish, Lynx! there's nothing in it! I meant the cause itself has been an interesting one—uncommonly."

Mr. Subtle suddenly paused and stood still. "God bless my soul, Lynx—I've made a blunder!"

"Eh!"

"Yes—by Jove, a blunder! Never did such a thing since I've led a cause before!"

"A blunder? Impossible!—What is it?" inquired Lynx, briskly, pricking up his ears.

"It will be at least thirty or forty pounds out of our client's pocket. I forgot to ask Widdrington for the certificate for the costs of the special jury. I protest I never did such a thing before—I'm quite annoyed—I hate to overlook anything."

"Oh! is that all?" inquired Lynx, much relieved—"then it's all right! While you were speaking to Mr. Gammon, immediately after the verdict had been given, I turned towards Quicksilver to get him to ask for the certificate—but he had seen a man with the new 'Times' containing the Division on the Catholic claims, and had set off after him—so I took the liberty, as you seemed very earnestly talking to Mr. Gammon, to name it to the judge—and it's all right."

"Capital!—Then there isn't a single point missed!—And in a good two days' fight that's something."

"D'ye think we shall keep the verdict, and get its fruits?"

"We shall keep the verdict, I've no doubt; there's nothing in Widdrington's notes that we need be afraid of—but of course the Aubreys will put us to bring another ejectment, perhaps several."

"Yes—certainly—there must be a good deal of fighting before such a property as Yatton changes hands," replied Lynx, with a complacent air; for he saw a few pleasant pickings in store for him. "By the way," he continued, "our client's a sweet specimen of humanity, isn't he?"

"Faugh! odious little reptile! And did you ever in all your life witness such a scene as when he interrupted me in the way he did?"

"Ha, ha! Never! But, upon my honor, what an exquisite turn you gave the thing—it was worth more than called it forth—it was admirable."

"Pooh—Lynx!" said Mr. Subtle, with a gratified air; "knack—mere knack—nothing more. My voice trembled—eh?—at least so I intended."

"Upon my soul, I almost believed you were for the moment overcome, and going to shed tears."

"Ah, ha, ha!—Delightful! I was convulsed with inward laughter! Shed tears!! Did the bar take it, Lynx?" inquired Mr. Subtle; for though he hated display, he loved appreciation, and by competent persons. "By the way, Lynx, the way in which you've got up the whole case does you vast credit—that opinion of yours on the evidence was—upon my word—the most masterly"—here he suddenly ceased and squeezed his companion's arm, motioning him thereby to silence. They had come up with two gentlemen, walking slowly, and conversing in a low tone, but with much earnestness of manner. They were, in fact, Mr. Aubrey and Lord De la Zouch. Mr. Subtle and Mr. Lynx crossed over to the other side of the narrow street, and quickened their pace, so as soon to be out of sight and hearing of the persons they seemed desirous of avoiding. Mr. Subtle was, indeed, unable to bear the sight of the man whom his strenuous and splendid exertions during the last two days had tended to strip of his all—to thrust from the bright domain of wealth, prosperity, distinction, into—as it were—outer darkness—the outer darkness of poverty—of destitution.

"It's rather a nuisance for the Aubreys—isn't it?" quoth the matter-of-fact Lynx.

"It's quite frightful!"—replied Mr. Subtle, in a tone of voice and with a manner which showed how deeply he felt what he uttered. "And it's not only what Mr. Aubrey will lose, but what he will be liable to—the mesne profits—sixty thousand pounds."

"Oh!—you think, then, that we can't go beyond the statute of limitations?—Eh?—is that so clear?" Mr. Subtle looked sharply at Lynx, with an expression it would be difficult to describe. "Well"—continued the impenetrable Lynx—"at all events, I'll look into it." He felt about as much sentiment in the matter as a hog eating acorns would feel interest in the antiquity of the oak from which they fell, and under whose venerable shade he was munching and stuffing himself.

"By the way, Lynx—aren't you with me in Higson and Mellington?"

"Yes—and it stands first for to-morrow morning!"

"I've not opened my papers, and—why, we've a consultation fixed for ten o'clock to-night! What's it all about?"

"It's libel against a newspaper editor—the Pomfret Cockatrice; and our client's a clergyman. They've slandered him most abominably: they say he entered the church as a wholesale dealer in tithes—and as to religion—is an unbeliever and hypocrite!"

"Ay, ay?—that sounds a little like substantial damages!—Do they justify?"2

"No—they've pleaded not guilty only."

"Who leads for the defender?"

"Mr. Quicksilver."

"Oh!—very well. We must have the consultation to-morrow morning, at the Robing-room—ten minutes before the sitting of the court. I'm rather tired to-night." With this the great leader shook hands with his modest, learned, laborious junior—and entered his lodgings.

As soon as Titmouse had been ejected from the court, in the summary way which the reader will recollect, merely on account of his having, with some slight indecorum, yielded to the mighty impulse of his agitated feelings, he began to cry bitterly, wringing his hands, and asking every one about him if they thought he could get in again, because it was "his case" that was going on. His eyes were red and swollen with weeping; and his little breast throbbed violently as he walked to and fro from one door of the court to the other. "Oh, gents, will you get me in again?" said he, in passionate tones, approaching two gentlemen, who, with a very anxious and oppressed air, were standing together at the outside of one of the doors—in fact, Lord De la Zouch and Mr. Aubrey; and they quickly recognized in Titmouse the gentleman whose claims were being at that instant mooted within the court. "Will you get me in? You seem such respectable gents—'Pon my soul I'm going mad! It's my case that's going on! I'm Mr. Titmouse"–

"We have no power, sir, to get you in," replied Lord De la Zouch, haughtily: so coldly and sternly as to cause Titmouse involuntarily to shrink from him.

"The court is crowded to the very door, sir—and we really have no more right to be present in court, or get others into court, than you have," said Mr. Aubrey, with mildness and dignity.

"Thank you, sir! Thank you!" quoth Titmouse, moving with an apprehensive air away from Lord De la Zouch, towards Mr. Aubrey, "Know quite well who you are, sir! 'Pon my solemn soul, sir, sorry to do all this; but law's law, and right's right, all the world over!"

"I desire you to leave us, sir," said Lord De la Zouch, with irrepressible sternness; "you are very intrusive. How can we catch a syllable of what is going on while you are chattering in this way?" Titmouse saw that Mr. Aubrey looked towards him with a very different expression from that exhibited by his forbidding companion, and would perhaps have stood his ground, but for a glimpse he caught of a huge, powdered, broad-shouldered footman, in a splendid livery, one of Lord De la Zouch's servants, who, with a great thick silver-headed cane in his hand, was standing at a little distance behind, in attendance on the carriage, which was in the Castle-yard. This man's face looked so ready for mischief, that Titmouse slowly walked off. There were a good many standers-by, who seemed all to look with dislike and distrust at Titmouse. He made many ineffectual attempts to persuade the doorkeeper, who had assisted in his extrusion, to readmit him; but the incorruptible janitor was proof against a sixpence—even against a shilling; and at length Titmouse gave himself up to despair, and thought himself the most miserable man in the whole world—as very probably, indeed, he was: for consider what a horrid interval of suspense he had to endure, from the closing of Mr. Subtle's speech, till the delivery of the verdict. But at length, through this portentous and apparently impenetrable cloud burst the rich sunlight of success.

"Mr. Titmouse!—Mr. Titmouse!—Mr. Tit"–

"Here! Here I am! Here!"—exclaimed the little wretch, jumping off the window-seat on which he had been sitting for the last hour in the dark, half-stupefied with grief and exhaustion. The voice which called him was a blessed voice—a familiar voice—the voice of Mr. Gammon; who, as soon as the jury had begun to come back, on some pretence or other had quitted his seat between Quirk and Snap, in order, if the verdict should be for the plaintiff, to be the very first to communicate it to him. In a moment or two Mr. Gammon had grasped both Mr. Titmouse's hands. "My dear, dear Mr. Titmouse, I congratulate you! You are victorious! God grant you long life to enjoy your good fortune! God bless you, Titmouse!" He wrung Titmouse's hands—and his voice trembled with the intensity of his emotions! Mr. Titmouse had grown very white, and for a while spoke not, but stood staring at Mr. Gammon, as if hardly aware of the import of his communication.

"No—but—is it so? Honor bright?" at length he stammered.

"It is indeed! My long labors are at length crowned with success!—Hurrah, hurrah, Mr. Titmouse!"

"I've really won? It a'n't a joke or a dream?" inquired Titmouse, with quickly increasing excitement, and a joyous expression bursting over his features, which became suddenly flushed.

"A joke?—the best you'll ever have. A dream?—that will last your life. Thank God, Mr. Titmouse, the battle's ours; we've defeated all their villany!"

"Tol de rol! Tol de rol! Tol de lol, lol, lol, rido!—Ah," he added in a loud truculent tone, as Lord De la Zouch and Mr. Aubrey slowly passed him—"done for you now—'pon my life!—turned the tables!—that for you!" said he, snapping his fingers; but I need hardly say that he did so with perfect impunity, as far as those two gentlemen were concerned, who were so absorbed with the grievous event which had just happened, as scarcely to be aware of their being addressed at all.

"Aubrey, it's against you—all is lost; the verdict is for the plaintiff!" said Lord De la Zouch, in a hurried agitated whisper, as he grasped the hand of Mr. Aubrey, whom he had quitted for an instant to hear the verdict pronounced. Mr. Aubrey for some moments spoke not.

"God's will be done!" at length said he, in a low tone, or rather in a faint murmur. More than a dozen gentlemen, who came crowding out, grasped his hand with fervent energy.

"God bless you, Aubrey! God bless you!" said several voices, their speakers wringing his hands with great vehemence as they spoke.

"Let us go"—said Lord De la Zouch, putting Mr. Aubrey's arm in his own, and leading him away from a scene of distressing excitement, too powerful for his exhausted feelings.

"I am nothing of a fatalist," said Mr. Aubrey, after a considerable pause, during which they had quitted the Castle-gates, and his feelings had recovered from the shock which they had just before suffered;—"I am nothing of a fatalist, but I ought not to feel the least surprise at this issue, for I have long had a settled conviction that such would be the issue. For some time before I had the least intimation of the commencement of these proceedings, I was oppressed by a sense of impending calamity"–

"Well, that may be so; but it does not follow that the mischief is finally done."

"I am certain of it!—But, dear Lord De la Zouch, how much I owe to your kindness and sympathy!" said Mr. Aubrey, with a slight tremor in his voice.

"We are at this moment, Aubrey, firmer friends than we ever were before. So help me Heaven! I would not lose your friendship for the world; I feel it a greater honor than I am worthy of—I do, indeed," said Lord De la Zouch, with great emotion.

"There's a great gulf between us, though, Lord De la Zouch, as far as worldly circumstances are concerned—you a peer of the realm, I a beggar!"

"Forgive me, Aubrey, but it is idle to talk in that way; I am hurt beyond measure at your supposing it possible that under any circumstances"–

"Believe me, I feel the full value of your friendship—more valuable at this moment than ever!"

"That a serious calamity has fallen upon you is certain;—which of us, indeed, is safe from such a calamity? But who would bear it with the calm fortitude which you have already evinced, my dear Aubrey?"

"You speak very kindly, Lord De la Zouch; I trust I shall play the man, now that the time for playing a man's part has come," said Mr. Aubrey, with an air of mingled melancholy and resolution. "I feel an inexpressible consolation in the reflection, that I cannot charge myself with anything unconscientious; and, as for the future, I put my trust in God. I feel as if I could submit to the will of Heaven with cheerfulness"–

"Don't speak so despondingly, Aubrey"–

"Despondingly?" echoed Mr. Aubrey, with momentary animation—"Despondingly? My dear friend, I feel as if I were indeed entering a scene black as midnight—but what is it to the valley of the shadow of death, dear Lord De la Zouch, which is before all of us, and at but a little distance! I assure you I feel no vain-glorious confidence; yet I seem to be leaning on the arm of an unseen but all-powerful supporter!"

"You are a hero, my dear Aubrey!" exclaimed Lord De la Zouch, with sudden fervor.

"And that support will embrace those dearer to me than life—dearer—far—far"–He ceased; his feelings quite overcame him, and they walked on for some time in silence. Soon afterwards they parted—for Lord De la Zouch perceived that his unfortunate companion wished to be alone. He wrung Mr. Aubrey's hands in silence; and having turned in the direction of his hotel, Mr. Aubrey made for his lodgings. The streets were occupied by passengers, some returning from the Castle after the great trial of the day; others standing here and there, in little knots, conversing as he passed them; and he felt conscious that the subject of their thoughts and conversation was himself and his fallen fortunes. Several deep-drawn sighs escaped him, as he walked on, the herald of such dismal tidings, to those whom he loved; and he felt but for that which supported him from within, as it were, a fallen angel, so far as concerned this world's honors and greatness. The splendors of human pomp and prosperity seemed rapidly vanishing in the distance. In the temporary depression of his spirits, he experienced feelings somewhat akin to those of the heart-sickened exile, whose fond eyes are riveted upon the mosques and minarets of his native city, glittering in the soft sunlight of evening, where are the cherished objects of all his tenderest thoughts and feelings; while his vessel is rapidly bearing him from it, amid the rising wind, the increasing and ominous swell of the waters, the thickening gloom of night—whither? The Minster clock struck ten as he passed one of the corners of the vast majestic structure, gray-glistening in the faint moonlight. The melodious chimes echoed in his ear, and smote his subdued soul with a sense of peculiar solemnity and awe; they forced upon him a reflection upon the transient littleness of earthly things. Then he thought of those dear beings who were awaiting his return, and a gush of grief and tenderness overflowed his heart, as he quickened his steps, with an inward and fervent prayer that Heaven would support them under the misfortune which had befallen them. As he neared the retired row of houses where his lodgings were situated, he imagined that he saw some one near the door, as if on the look-out for his approach; and who, as he drew nearer, suddenly entered them, and closed the door. This was a person whom Mr. Aubrey did not at all suspect—it was his worthy friend Dr. Tatham; who, unable to quit Yatton in time to hear the trial, had early that morning mounted his horse, and after a long and hard ride, reached York soon after Mr. Aubrey had set off for the Castle. Though many of the county people then in York were aware that Mrs. and Miss Aubrey were also there, a delicate consideration for their exquisitely distressing situation restrained them from intruding upon their privacy, which had been evidently sought for by the species of lodgings which Mr. Aubrey had engaged. On the second day, the excellent Dr. Tatham had been their welcome and instructive guest, scarce ever leaving them; Mr. Aubrey's groom bringing word, from time to time, from his master, how the trial went on. Late in the evening, urged by Kate, the doctor had gone off to the Castle, to wait till he could bring intelligence of the final result of the trial. He had not been observed by Mr. Aubrey amid the number of people who were about; and had at length fulfilled his mission, and been beforehand with Mr. Aubrey in communicating the unfortunate issue of the struggle. The instant that Mr. Aubrey had set his foot within the door, he was locked in the impassioned embrace of his wife and sister. None of them spoke for some moments.

"Dearest Charles!—we've heard it all—we know it all!" at length they exclaimed in a breath. "Thank God, it is over at last—and we know the worst!—Are you well, dearest Charles?" inquired Mrs. Aubrey, with fond anxiety.

"Thank God, my Agnes, I am well!" said Mr. Aubrey, much excited—"and thank God that the dreadful suspense is at an end; and also for the fortitude, my sweet loves, with which you bear the result. And how are you, my excellent friend?" continued he, addressing Dr. Tatham, and grasping his hands; "my venerable and pious friend—how it refreshes my heart to see you! as one of the chosen ministers of that God whose creatures we are, and whose dispensations we receive with reverent submission!"

"God Almighty bless you all, my dear friends!" replied Dr. Tatham, powerfully affected. "Believe that all this is from Him! He has wise ends in view, though we see not nor comprehend them! Faint not when you are rebuked of Him! If ye faint in the day of adversity, your strength is small! But I rejoice to see your resignation!"—Aubrey, his wife, and sister, were for a while overcome with their emotions.

"I assure you all," said Aubrey, "I feel as if a very mountain had been lifted off my heart! How blessed am I in such a wife and sister!" A heavenly smile irradiated his pale features—and he clasped his wife, and then his sister, in his arms. They wept as they tenderly returned his embrace.

"God," said he, "that gave us all, has taken all: why should we murmur? He will enable us, if we pray for His assistance, to bear with equanimity our present adversity, as well as our past prosperity! Come, Agnes! Kate! play the woman!"

Dr. Tatham sat silent by; but the tears ran down his cheeks. At length Mr. Aubrey gave them a general account of what had occurred at the trial—and which, I need hardly say, was listened to in breathless silence.

"Who is that letter from, love, lying on the table?" inquired Mr. Aubrey, during a pause in the conversation.

"It's only from Johnson—dearest!—to say the children are quite well," replied Mrs. Aubrey. The ruined parents, as if by a common impulse, looked unutterable things at each other. Then the mother turned deadly pale; and her husband tenderly kissed her cold cheek; while Kate could scarcely restrain her feelings. The excitement of each was beginning to give way before sheer bodily and mental exhaustion; and Dr. Tatham, observing it, rose to take his departure. It was arranged that the carriage should be at the door by eight o'clock in the morning, to convey them back to Yatton—and that Dr. Tatham should breakfast with them, and afterwards accompany them on horseback. He then took his departure for the night, with a very full heart; and those whom he had left, soon afterwards retired for the night; and having first invoked the mercy and pity of Heaven, sank into slumber and brief forgetfulness of the perilous position in which they had been placed by the event of the day.

Somewhat different was the mode in which the night was spent by the victorious party. Gammon, as has been seen, was the first to congratulate Titmouse on his splendid success. The next was old Quirk—who, with a sort of conviction that he should find Gammon beforehand with him—bustled out of court, leaving Snap to pay the jury, settle the court-fees, collect the papers, and so forth. Both Quirk and Snap (as soon as the latter was at liberty) exhibited a courtesy towards Titmouse which had a strong dash of reverence in it, such as was due to the possessor of ten thousand a-year; but Gammon exhibited the tranquil matter-of-fact confidence of a man who had determined to be, and indeed knew that he was, the entire master of Titmouse.

"I—wish you'd call a coach, or something of that sort, gents.—I'm devilish tired—I am, 'pon my soul!" said Mr. Titmouse, yawning, as he stood on the steps between Quirk and Gammon, waiting for Snap's arrival. He was, in fact, almost beside himself—bursting with excitement; and could not stand still for a moment. Now he whistled loudly, and boldly; then he hummed a bar or two of some low comic song; and repeatedly drew on and off his damp gloves, with an air of petulant impetuosity. Now he ran his hand through his hair with careless grace; and then, with arms folded on his breast for a moment, looked eagerly, but with a would-be languid air, at two or three elegant equipages, which, one by one, with their depressed and disappointed occupants, rolled off. At length, Lord Widdrington, amid a sharp impetuous cry of "Make way for the judge there—make way for my Lord!" appeared in his robes, (holding his three-cornered hat in his hand,) with a wearied air; and passing close by Titmouse, was honored by him with a very fine bow indeed—his Lordship not being, however, in the least aware of the fact—as he passed on to his carriage. The steps were drawn up; the door was closed; and amid a sharp blast of trumpets, the carriage drove slowly off, preceded and followed by the usual attendants. All this pomp and ceremony made a very deep impression upon the mind of Titmouse. "Ah," thought he, with a sudden sigh of mingled excitement and exhaustion—"who knows but I may be a judge some day? It's a devilish pleasant thing, I'm sure! What a fuss he must make wherever he goes! 'Pon my life, quite delightful!" As there was no coach to be had, Mr. Titmouse was forced to walk home, arm-in-arm with Mr. Quirk and Mr. Gammon, and followed, at a little distance, by a knot of persons, acquainted with his name and person, and feeling towards him a strange mixture of emotions—dislike, wonder, contempt, admiration. Goodness gracious! that strange little gentleman was now worth, it was said, ten thousand a-year; and was squire of Yatton!! Old Quirk shook Titmouse's hand with irrepressible enthusiasm, at least a dozen times on their way to the inn; while Gammon now and then squeezed his arm, and spoke, in an earnest tone, of the difficulties yet to be overcome. On reaching the inn, the landlady, who was standing at the door, and had evidently been on the look-out for her suddenly distinguished guest, received him with several profound courtesies, and eager and respectful inquiries about his health, as he had had no luncheon—and asking what he would be pleased to have for his supper. She added, moreover, that fearing his former bedroom might not have been to his mind, she had changed it, and he would that night sleep in the very best she had.

"We must make a night on 't, eh?" quoth Mr. Quirk, with an excited air. His partners assented to it, as did Mr. Titmouse; and cold beef, sausages, fowl, ham, beefsteaks, and mutton-chops, were ordered to be in readiness in half an hour's time. Soon afterwards Mr. Titmouse followed the chambermaid to his new bedroom.

"This is the room we always give to quality folk—when we get them," said she, as she set his candle on the drawers, and looked round the apartment with a little triumph.

"Ah—yes!—'pon my soul—quite right—always do your best for quality!—Lovely gal—eh?" Here he chucked her under the chin, and seemed disposed to imprint a kiss upon her cheek; but, with a "Lord sir—that's not the way quality folks behave!" she modestly withdrew. Titmouse, left alone, first threw himself on the bed; then started off, and walked about; then sat down; then danced about; then took off his coat; then threw himself on the bed again; hummed, whistled, and jumped up again—in a sort of wild ecstasy, or delirium. In short, it was plain that he was not master of himself. In fact, his little mind was agitated by the day's event, like as would be a small green puddle by the road-side, for a while, on a stone being suddenly flung into it by a child. While Messrs. Quirk and Snap were, after their sort, as excited as was even Mr. Titmouse himself, Gammon, retiring to his bedroom, and ordering thither pens, ink, and paper, sat down and wrote the following letter:—

"York, 5th April, 18—.

"My Dear Sir,—The very first leisure moment I have, I devote to informing you, as one of the most intimate friends of our highly respected client, Mr. Titmouse, of the brilliant event which has just occurred. After a most severe and protracted struggle of two days, (the Attorney-General having come down special on the other side,) the jury, many of them the chief gentlemen of the county, have within this last hour returned a verdict in favor of our friend, Mr. Titmouse—thereby declaring him entitled to the whole of the estates at Yatton, (ten thousand a-year rent-roll, at least,) and, by consequence, to an immense accumulation of bygone rents, which must be made up to him by his predecessor, who, with all his powerful party, and in spite of the unscrupulous means resorted to to defeat the ends of justice, is dismayed beyond expression at the result of this grand struggle—unprecedented in the annals of modern litigation. The result has given lively satisfaction in these parts—it is plain that our friend Mr. Titmouse will very soon become a great lion in society.

"To you, my dear sir, as an early and valued friend of our interesting client, I sit down to communicate the earliest intelligence of this most important event; and I trust that you will, with our respectful compliments, communicate the happy news to your amiable family—who, I am persuaded, must ever feel a warm interest in our client's welfare. He is now, naturally enough, much excited with his extraordinary good fortune, to which we are only too proud and happy to have contributed by our humble, but strenuous and long-continued exertions. He begs me to express his cordial feelings towards you, and to say that, on his return to town, Satin Lodge will be one of the very first places at which he will call. In the mean time, I beg you will believe me, my dear sir, with the best compliments of myself and partners, yours most sincerely,

"Oily Gammon.

  "Thomas Tag-Rag, Esq.

      &c. &c. &c."

"That, I think, will about do"—quoth Gammon to himself, with a thoughtful air, as, having made an exact copy of the above letter, he sealed it up and directed it. He then came down-stairs to supper, having first sent the letter off to the post-office. What a merry meal was that same supper! Mr. Titmouse, Mr. Quirk, and Mr. Snap, ate almost to bursting; Gammon was more abstinent—but, overpowered by the importunities of his companions, he took a far greater quantity than usual of the bouncing bottled porter, the hard port, and fiery sherry, which his companions drank as if they had been but water. Then came in the spirits—with hot water and cold; and to these all present did ample justice; in fact, it was very hard for any one to resist the other's entreaties. Mr. Gammon in due time felt himself going—but seemed as if, on such an occasion, he had no help for it. Every one of the partners, at different stages of the evening, made—more suo—a speech to Titmouse, and proposed his health; who, of course, replied to each, and drank the health of each. Presently old Quirk sang a comic song, in a very dismal key; and then he and Snap joined in a duet called, "Handcuff v. Halter;" at which Gammon laughed heartily, and listened with that degree of pleased attention, which showed that he had resolved, for once at least, to abandon himself to the low enjoyment of the passing hour. Then Titmouse began to speak of what he should do, as soon as he had "touched the shiners"—his companions entering into all his little schemes with a sort of affectionate enthusiasm. At length old Mr. Quirk, after by turns laughing, crying, singing, and talking, leaned back in his chair, with his half-emptied tumbler of brandy and water in his hand, and fell fast asleep. Gammon also, in spite of all he could do, began—the deuce take it!—to feel and exhibit the effects of a hasty and hearty meal, and his very unusual potations, especially after such long abstinence and intense anxiety as he had experienced during the previous two days. He had intended to have seen all his companions under the table; but he began gradually to feel a want of control over himself, his thoughts, and feelings, which a little disquieted him, as he now and then caught glimpses of the extent to which it was proceeding. "In vino veritas," properly translated, means—that when a man is fairly under the influence of liquor, you see a strong manifestation of his real character. The vain man is vainer; the voluble, more voluble; the morose, more morose; the passionate, more passionate; the detractor, more detracting; the sycophant, more sycophantic, and so forth. Now Mr. Gammon was a cold, cautious, long-headed schemer, and as the fumes of liquor mounted up into his head, they did but increase the action and intensity of those qualities for which, when sober, he was so pre-eminently distinguished; only that there was a half-conscious want of coherency and subordination. The impulse and the habit were present; but there seemed also a strange disturbing force: in short—what is the use of disguising matters?—Mr. Gammon was getting very drunk; and he felt very sorry for it—but it was too late. In due time the dismal effort not to appear drunk, ceased—a vast relief! Silent and more silent he became; more and more observant of the motions of Snap and Titmouse; more and more complicated and profound in his schemes and purposes; and at length he felt as if, by some incomprehensible means, he were attempting to take himself in—inveigling himself: at which point, after a vain attempt to understand his exact position, with reference to himself, he slowly, but rather unsteadily, rose from his chair; looked with an unsettled eye at Titmouse for nearly a minute; a queer smile now and then flitted across his features; and he presently rang the bell. Boots having obeyed the summons, Gammon with a turbid brain and cloudy eye followed him to the door, with a most desperate but unavailing effort to walk thither steadily. Having reached his room, he sat down with a sort of suspicion that he had said or done something to commit himself. Vain was the attempt to wind up his watch; and at length he gave it up, with a faint curse. With only one stocking off, conceiving himself to be undressed, after trying four or five times ineffectually to blow out his candle, he succeeded, and got into bed; his head, however, occupying the place assigned to his feet. He lay asleep for about half an hour—and then experienced certain insupportable sensations. He was indeed miserable beyond description; and lost all thoughts of what would become of Titmouse—of Quirk and Snap—in his own most desperate indisposition.

"I say, Snap," quoth Titmouse, with a grin, and putting his finger to his nose, as soon as Gammon had quitted the room in the manner above described—"Mr. Quirk a'n't much company for us just now, eh? Shall we go out and have some fun?"

"Walk will do us good—yes. Go where you like, Titmouse," replied Snap, who, though young, was a thoroughly seasoned vessel, and could hold a great deal of drink without seeming, or really being, much the worse for it. As for Titmouse, happily for him! (seeing that he was so soon to have the command of unlimited means, unless indeed the envious fates should in the mean time interpose to dash the brimful cup from his eager lips,) he was becoming more and more accustomed to the effects of drink; which had, up to the moment I am speaking of, had no other effect than to elevate his spirits up to the pitch of indefinite daring and enterprise. "'Pon my life, Snap, couldn't we stand another tumbler—eh? Warm us for the night air?" "What shall it be?" quoth Snap, ringing the bell—"whiskey?"

"Devil knows, and devil cares!" replied Mr. Titmouse, recklessly; and presently there stood before the friends two steaming tumblers of what they had ordered. Immediately after disposing of them, the two gentlemen, quite up to the mark, as they expressed it—each with a cigar in his mouth—sallied forth in quest of adventures. Titmouse felt that he had now become a gentleman; and his tastes and feelings prompted him to pursue, as early as possible, a gentlemanly line of conduct—particularly in his amusements. It was now past twelve; and the narrow old-fashioned streets of York, silent and deserted, formed a strong contrast to the streets of London at the same hour, and seemed scarcely to admit of much sport. But sport our friends were determined to have; and the night air aiding the effect of their miscellaneous potations, they soon became somewhat excited and violent. Yet it seemed difficult to get up a row—for no one was visible in any direction. Snap, however, by way of making a beginning, suddenly shouted "Fire!" at the top of his voice, and Titmouse joined him; when having heard half a dozen windows hastily thrown up by the dismayed inhabitants whom the alarming sounds had aroused from sleep, they scampered off at their top speed. In another part of the town they yelled, and whistled, and crowed like cocks, and mewed like cats—the last two being accomplishments in which Titmouse was very eminent—and again took to their heels. Then they contrived to twist a few knockers off doors, pull bells, and break a few windows; and while exercising their skill in this last branch of the night's amusement, Titmouse, in the very act of aiming a stone which took effect in the middle of a bedroom window, was surprised by an old watchman waddling round the corner. He was a feeble asthmatic old man; so Snap knocked him down at once, and Titmouse blew out the candle in his lantern, which he then jumped upon and smashed to pieces, and knocked its prostrate owner's hat over his eyes. Snap, on some strange unaccountable impulse, wrested the rattle out of the poor creature's hand, and sprang it loudly. This brought several other old watchmen from different quarters; and aged numbers prevailing against youthful spirit—the two gentlemen, after a considerable scuffle, were overpowered and conveyed to the cage. Snap having muttered something about demanding to look at the warrant, and then about an action for malicious arrest and false imprisonment, sank on a form, and then down upon the floor, and fell fast asleep. Titmouse for a while showed a very resolute front, and swore a great many oaths, that he would fight the Boots at the inn for five shillings, if he dared show himself; but all of a sudden, his spirit collapsed, as it were, and he sank on the floor, and was grievously indisposed for some hours. About nine o'clock, the contents of the cage—viz. Snap, Titmouse, two farmers' boys who had been caught stealing cakes, an old beggar, and a young pickpocket—were conveyed before the Lord Mayor to answer for their several misdeeds. Snap was wofully crestfallen. He had sent for the landlord of the inn where they had put up, to come, on their behalf, to the Mansion-house; but he told Quirk of the message he had received. Mr. Quirk, finding that Gammon could not leave his room through severe indisposition—the very first time that Mr. Quirk had ever seen or heard of his being so overtaken—set off, in a very mortified and angry mood, in quest of his hopeful client and junior partner. They were in a truly dismal pickle. Titmouse pale as death, his clothes disordered, and a part of his shirt-collar torn off; Snap sat beside him with a sheepish air, seeming scarce able to keep his eyes open. At him Mr. Quirk looked with keen indignation, but spoke neither to him, nor on his behalf. For Titmouse, however, he expressed great commiseration, and entreated his Lordship to overlook the little misconduct of which he (Titmouse) in a moment of extreme excitement, had been guilty, on condition of his making amends for the injury, both to person and property, of which he had been guilty. By this time his Lordship had become aware of the names and circumstances of the two delinquents; and after lecturing them very severely, he fined them five shillings a-piece for being drunk, and permitted them to be discharged, on their promising never to offend in the like way again, and paying three pounds by way of compensation to the watchman, and one or two persons whose knockers they were proved to have wrenched off, and windows to have broken. His Lordship had delayed the case of Messrs. Snap and Titmouse to the last; chiefly because, as soon as he had found out who Mr. Titmouse was, it occurred to him that he would make a sort of a little star, at the great ball to be given by the Lady Mayoress that evening. As soon, therefore, as the charge had been disposed of, his Lordship desired Mr. Titmouse to follow him, for a moment, to his private room. There having shut the door, he gently chided Mr. Titmouse for the indiscretion of which he had been guilty, and which was not to have been expected from a gentleman of his consequence in the county. His Lordship begged him to consider the station which he was now called to occupy; and in alluding to the signal event of the preceding day, warmly congratulated him upon it; and, trusted by the way, that Mr. Titmouse would, in the evening, favor the Lady Mayoress and himself with his company at the ball, where they would be very proud of the opportunity of introducing him to some of the gentry of the county, among whom his future lot in life was likely to be cast. Mr. Titmouse listened to all this as if he were in a dream. His brain (the little of it that he had) was yet in a most unsettled state; as also was his stomach. When he heard the words "Lady Mayoress," "ball," "Mansion-house," "gentry of the county," and so forth, a dim vision of splendor flashed before his eyes; and, with a desperate effort, he assured the Lord Mayor that he should be "very uncommon proud to accept the invitation, if he were well enough—but, just then, he was uncommon ill."

His Lordship pressed him to take a glass of water, to revive him and settle his stomach; but Mr. Titmouse declined it, and soon afterwards quitted the room; and leaning on the arm of Mr. Quirk, set off homeward—Snap walking beside him in silence, with a very quaint disconcerted air—not being taken the least notice of by Mr. Quirk. As they passed along, they encountered several of the barristers on their way to court, and others, who recognized Titmouse; and with a smile, evidently formed a pretty accurate guess as to the manner in which the triumph of the preceding day had been celebrated. Mr. Quirk, finding that Mr. Gammon was far too much indisposed to think of quitting York, at all events till a late hour in the evening, and, indeed, that Titmouse was similarly situated—with a very bad grace consented to their stopping behind; and himself, with Snap—the former inside, the latter outside—having paid most of the witnesses, leaving the remainder, together with their own expenses at the inn, to be settled by Mr. Gammon—set off for town by the two o'clock coach. It was, indeed, high time for them to return; for the oppressed inmates of Newgate were getting wild on account of the protracted absence of their kind and confidential advisers. When they left, both Gammon and Titmouse were in bed. The former, however, began to revive, shortly after the wheels of the coach which conveyed away his respected copartners, and the sound of the guard's horn, had ceased to be heard; and about an hour afterwards he descended from his room, a great deal the better for the duties of the toilet, and a bottle of soda-water with a little brandy in it. A cup of strong tea, and a slice or two of dry toast, set him entirely to rights—and then Gammon—the calm, serene, astute Gammon—was "himself again." Had he said anything indiscreet, or in any way committed himself, over-night?—thought he, as he sat alone, with folded arms, trying to recollect what had taken place. He hoped not—but had no means of ascertaining. Then he entered upon a long and anxious consideration of the position of affairs, since the great event of the preceding evening. The only definite object which he had ever had in view, personally, in entering into the affair, was the obtaining that ascendency over Titmouse, in the event of his becoming possessed of the magnificent fortune they were in quest of for him, which might enable him, in one way or another, to elevate his own position in society, and secure for himself permanent and solid advantages. In the progress of the affair, however, new views presented themselves to his mind.

Towards the close of the afternoon Titmouse recovered sufficiently to make his appearance down-stairs. Soon afterwards, Gammon proposed a walk, as the day was fine, and the brisk fresh country air would be efficacious in restoring Titmouse to his wonted health and spirits. His suggestion was adopted; and soon afterwards might have been seen, Gammon, supporting on his arm his languid and interesting client Mr. Titmouse, making their way towards the river; along whose quiet and pleasing banks they walked for nearly a couple of hours in close conversation; during which, Gammon, by repeated and various efforts, succeeded in producing an impression on Titmouse's mind, that the good fortune which seemed now within his reach, had been secured for him by the enterprise, skill, and caution of him, Mr. Gammon, only; who would, moreover, continue to devote himself to Mr. Titmouse's interests, and protect him from the designs of those who would endeavor to take advantage of him. Mr. Gammon also dropped one or two vague hints that his—Titmouse's—continuance in the enjoyment of the Yatton property, would always depend upon the will and power of him, the aforesaid Mr. Gammon; in whose hands were most unsuspected, but potent weapons. And indeed it is not at all impossible that such may prove to be really the case.

What a difference is there between man and man, in temper, and disposition, and intellect! Compare together the two individuals now walking slowly, arm-in-arm, beside the sweet Ouse; and supposing one to have designs upon the other—disposed to ensnare and overreach him—what chance has the shorter gentleman? Compare even their countenances—ah me!—what a difference!

Gammon heard with uneasiness of Titmouse's intention to go to the Lady Mayoress's ball that evening; and, for many reasons, resolved that he should not. In vain, however, did Gammon try to persuade him that he was asked only to be turned into ridicule, for that almost everybody there would be in the interest of the Aubreys, and bitterly opposed to him, Mr. Titmouse; in spite of these and all other representations, Titmouse expressed his determination to go to the ball; on which Gammon, with a good-natured smile, exclaimed, "Well, well!"—and withdrew his opposition. Shortly after their return from their walk, they sat down to dinner; and Gammon, with a cheerful air, ordered a bottle of champagne, of which he drank about a glass and a half, and Titmouse the remainder. That put him into a humor to take more wine, without much pressing; and he swallowed, in rapid succession, a glass of ale, and seven or eight glasses of red-hot port and fiery sherry. By this time, he had forgotten all about the ball, and clamored for brandy and water. Gammon, however, saw that his end was answered. Poor Titmouse was soon reduced to a state of helplessness and insensibility; and within half an hour's time was assisted to his bedroom in a truly deplorable condition! Thus Gammon had the satisfaction of seeing his benevolent design accomplished, although it pained him to think of the temporary inconvenience occasioned to the unconscious sufferer; who had, however, escaped the devices of those who wished publicly to expose his inexperience; and as for the means which Gammon had resorted to in order to effect his purpose,—why, he may be supposed to have had a remoter object in view, viz. early to disgust him with intemperance.

Alas! how disappointed were the mayor and mayoress, that their queer little lion did not make his appearance in the gay and brilliant scene! How many had they told that he was coming! Their three daughters were almost bursting with vexation and astonishment. They had been disposed to entertain a warmer feeling than that of mere curiosity towards the new owner of an estate worth ten thousand a-year—had drawn lots which of them was first to dance with him; and had told all their friends on which of them the lot had fallen. Then, again, many of the county people inquired from time to time of the chagrined little mayor and mayoress when "Mr. Ticklemouse," "Mr. Tipmouse," "Mr. Tipplebattle," or "whatever his name might be," was coming; full of real curiosity, much tinctured, however, with disgust and contempt, to see the stranger, who had suddenly acquired so commanding a station in the county—so strong a claim to their sympathy and respect! Then, again, there was a very great lion there, exhibiting for a short time only, who also had wished to see the little lion, and expressed keen regrets that it was not there according to appointment. The great lion was Mr. Quicksilver, who had stepped in for about half an hour, merely to show himself; and when he heard of the expected arrival of his little client, it occurred to Mr. Quicksilver, who could see several inches beyond by no means a short nose, that Mr. Titmouse had gained a verdict which would very soon make him patron of the borough of Yatton—that he probably would not think of sitting for the borough himself, and that a little public civility bestowed upon Mr. Titmouse, by the great Mr. Quicksilver, one of the counsel to whose splendid exertions he was indebted for his all, might be, as it were, bread thrown upon the waters, to be found after many days. It was true that Mr. Quicksilver, in a bitter stream of eloquent invective, had repeatedly denounced the system of close and "rotten" boroughs; but his heart, all the while, secretly rebelled; and he knew that a snug little borough was a thing on every account not to be sneezed at. He sat for one himself, though he had also contested several counties; but that was expensive and harassing work; and the seat which he at present occupied, he had paid far too high a price for. He had no objection to the existence of close boroughs in the abstract; but only to so many of them being in the hands of the opposite party; and the legislature hath since recognized the distinction, and acted upon it. Here, however, was the case of a borough which was going to change hands, and pass from Tory to Whig; and could Mr. Quicksilver fail to watch it with interest? Was he, therefore, to neglect this opportunity of slipping in for Yatton—and the straw moving, too, in town—a general election looked for? So Mr. Quicksilver really regretted the absence of the little lion—his little friend and client, Mr. Titmouse.

Thus, and by such persons, and on such grounds, was lamented the absence of Mr. Titmouse from the ball of the Lady Mayoress of York; none, however, knowing the cause which kept him from so select and distinguished an assembly. Mr. Gammon, as soon as he had seen Mr. Titmouse properly attended to, and had expressed an anxious sympathy for him, set out for a walk—a quiet solitary walk round the ancient walls of York. If on a fine night you look up into the sky, and see it gleaming with innumerable stars, and then fix your eye intently, without wavering, upon some one star; however vivid and brilliant may be those in its immediate vicinity, they will disappear utterly, and that on which your eye is fixed will seem alone in its glory—sole star in the firmament. Something of this kind happened to Mr. Gammon when on the walls of York—now slowly, then rapidly walking, now standing, then sitting; all the objects which generally occupied his thoughts faded away, before one on which his mind's eye was then fixed with unwavering intensity—the image of Miss Aubrey. The golden fruit that was on the eve of dropping into the hands of the firm—ten thousand pounds—the indefinite and varied advantages to himself, personally, to which their recent successes might be turned, all vanished. What would he not undergo, what would he not sacrifice, to secure the favor of Miss Aubrey? Beautiful being—all innocence, elegance, refinement:—to possess her would elevate him in the scale of being; it would purify his feelings, it would ennoble his nature. What was too arduous or desperate to be undertaken in order to secure a prize so glorious as this? He fell into a long revery, till, roused by a chill gust of night air, he rose from his seat upon one of the niches in the walls;—how lonely, how solitary he felt! He walked on rapidly, at a pace that suited the heated and rapid current of thoughts that passed through his mind.

"No, I have not a chance—not a chance!" at length he thought to himself—"That girl will be prouder in her poverty, than ever she would have been in her wealth and splendor. Who am I?—a partner in the firm of Quirk, Gammon, and Snap; a firm in bad odor with the profession; looking for practice from polluted sources, with a host of miscreants for clients—faugh! faugh! I feel contaminated and degraded! My name even is against me; it is growing into a by-word!—We must push our advantage—they must be driven from Yatton—he, she—all of them; yes, all." He paused for a long time, and a sort of pang passed through his mind. "They are to make way for—Titmouse!—for Titmouse!! And he, too, loves her—bah!" He involuntarily uttered this sound fiercely, and aloud. "But stay—he really is in love with Miss Aubrey—that I know;—ah! I can turn it to good purpose; it will give me, by the way, a hold upon the little fool; I will make him believe that through my means he may obtain Miss Aubrey! Misery may make her accessible; I can easily bring myself into contact with them, in their distress; for there are the mesne profits—the mesne profits! Heavens! how glorious, but how dreadful an engine are they! They will help to batter down the high wall of pride that surrounds them and her; but it will require infinite care and tact in the use of such an engine! I will be all delicacy—gentleness—generosity; I will appear friendly to her, and to her brother; and, if needs must be, why he must be crushed. There is no help for it. He looks decidedly, by the way—a man of intellect. I wonder how he bears it—how they all bear it—how she bears it! Beggared beauty—there's something touching in the very sound! How little they think of the power that is at this moment in my hands!" Here a long interval elapsed, during which his thoughts had wandered towards more practical matters. "If they don't get a rule nisi, next term, we shall be in a position to ask them what course they intend to pursue: Gad, they may, if so disposed, hold out for—how very cold it is!"—he buttoned his coat—"and, what have I been thinking of? Really I have been dreaming; or am I as great a fool as Tittlebat?" Within a few minutes' time he had quitted the walls, and descended through one of the turreted gateways, into the town.

1

Note 1. Page 1.

See post, Chapter V., Preliminary Note.

2

Note 2. Page 5.

An important and salutary improvement in the law of libel, especially in the case of newspapers, was effected in 1843, by statute 6 and 7 Vict. c. 96. Till then the TRUTH was inadmissible as a justification on a criminal prosecution for libel—the rule being that the greater the truth the greater was the libel—by which was meant its greater tendency to a breach of the peace. Now, however, the defendant may defend himself against an indictment or information, by pleading that the charge was true, and that it was for the public benefit that it should have been published; but he must specially state in his plea the particular facts by reason of which it was for the public benefit. If such plea, or evidence in support of it, should be false or malicious, the act allows that circumstance to be taken into consideration in awarding punishment. A serious amount of fine, imprisonment, and hard labor, may be inflicted for publishing, or threatening (with intent to extort money) to publish, a false and malicious libel. In civil proceedings a defendant may plead that he was not guilty of actual malice or gross negligence; and offered to publish, or published, a full apology, in which case he may pay money into court by way of amends; and in all actions of defamation he may show an apology, or offer of one, in mitigation of damages. This statute does not extend to Scotland.

Troilus and Cressida, i. 3.

The great increase of business alone, is the cause of the accumulation of arrears—especially in the Queen's Bench, which is almost overpowered by the enormous pressure of its criminal business. All the three superior courts have recently adopted post-terminal fittings, to enable them to despatch their arrears; an act of Parliament having been passed (stat. 1 and 2 Vict. c. 32) for that purpose.

If the reader will refer to vol. i. p. 490, he may see how the disabilities here alluded to arose, and affected the case. The doctrine of "adverse possession" is founded on the anxiety of our law to secure quietude of title. It gives every reasonable facility for the assertion of just rights against wrongful possessors of property; but with equal reasonableness fixes a limit to immunity from the consequences of negligent acquiescence under usurpation, considering it, in a word, better policy to protect a person in possession, than to encourage a struggle for it among strangers. Vigilantibus non dormientibus jura subveniunt, is the maxim of the common law, on which also the statute law has often acted, and recently with great effect, by stat. 3 and 4 Will. 4, c. 27, (passed on the 24th July 1833.) By its provisions, many of the most subtle and difficult questions concerning the nature of "possession" are got rid of; and the period of twenty years from the commencement of the rights of possession, fixed as that within which alone an action or suit in equity for the recovery of lands must be brought—unless a party was, when his right accrued, laboring under the disability of infancy, coverture, insanity, or absence beyond seas: in any of which cases an extension of ten years is allowed: but it is expressly provided, that however numerous such disabilities may have been—however long and uninterruptedly they may have lasted—forty years shall be absolutely the limit within which the action or suit must be brought from the time of the right first accruing. If the statute "once begin to run," as the lawyers say, "nothing can stop it." The above constitute some of the boldest and best of the great alterations recently effected in our English system of real property law. A far longer period than the present one was requisite to constitute "adverse possession" at the time mentioned in the text.

See post, Chapter V., Preliminary Note.

"[Greek: 'Anthropinos]," signifies in this place, (1 Corinth. x. 13,) says a commentator on this memorable passage of Scripture, "such as is suited to the nature and circumstances of man; such as every man may reasonably expect, if he consider the nature of his body and soul, and his situation in the present world."

Ten Thousand a-Year. Volume 2

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