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

When, about seven o'clock on the morning after the delivery of the verdict, which, if sustained, consigned the Aubreys to beggary, they met to partake of a slight and hasty breakfast before setting off for Yatton, the countenances of each bore the traces of great suffering, and also of the efforts made to conceal it. They saluted each other with fervent affection, each attempting a smile—but a smile, how wan and forced! "The moment has arrived, dear Agnes and Kate," said Mr. Aubrey, with a fond air but a firm voice, as his sister was preparing tea, in silence, fearful of looking at either her brother or sister-in-law; "the moment has arrived that is to try what stuff we are made of. If we have any strength, this is the time to show it!"

"I'm sure I thought of you both almost all night long!" replied Miss Aubrey, tremulously. "You have a lion's heart, dear Charles; and yet you are so gentle with us"–

"I should be a poor creature indeed, Kate, to give way just when I ought to play the man. Come, dear Kate, I will remind you of a noble passage from our glorious Shakespeare. It braces one's nerves to hear it!" Then, with a fine impressive delivery, and kindling with excitement as he went on, Aubrey began—

'Twas kindly meant of Aubrey; he thought to divert the excited feelings of his wife and sister, and occupy their imagination with the vivid imagery and noble sentiment of the poet. While he repeated the above lines, his sister's eye had been fixed upon him with a radiant expression of resolution, her heart responding to what she heard. She could not, however, speak when he had ceased. For herself she cared not; but when she looked at her brother, and thought of him, his wife, his children, her fortitude yielded before the moving array, and she burst into tears.

"Come, Kate—my own sweet, good Kate!" said he, cheerfully, laying his hand upon hers, "we must keep constant guard against our feelings. They will be ever arraying before our eyes the past—the dear, delightful past—happy and beautiful, in mournful contrast with the present, and stirring up, every moment, a thousand secret and tender associations, calculated to shake our constancy. Whenever our eyes do turn to the past, let it be with humble gratitude to God for having allowed us all, in this changing world, so long an interval of happiness; such, indeed, as falls to the lot of few. What! shall we receive good at the hand of God, and shall we not receive evil?"

"My own Charles!" exclaimed Mrs. Aubrey, rising and throwing her arms round her husband, whose countenance was calm and serene, as was the tone of the sentiments he expressed solemn and elevated. Miss Aubrey was overcome with her stronger feelings, and buried her face in her handkerchief. Shortly afterwards the carriage drew up, and Dr. Tatham also made his appearance on horseback.

"Good-morning! good-morning, my friends," cried he, cheerfully, as he entered, holding forth both his hands; "you can't think how fresh and pleasant the air is! The country for me, at all times of the year! I hate towns! Did you sleep well? I slept like a top all night long;—no, I didn't either, by the way. Come, come, ladies! On with your bonnets and shawls!" Thus rattled on worthy little Dr. Tatham, in order to prevent anything being said which might disturb those whom he came to see, or cause his own highly-charged feelings to give way. The sight of Mrs. and Miss Aubrey, however, who greeted him in silence as they hastily drew on their bonnets and shawls, overcame his ill-sustained gayety; and before he could bustle back, as he presently did, to the street door, his eyes were obstructed with tears, and he wrung the hand of Mr. Aubrey, who stood beside him, with convulsive energy. They soon set off, and at a rapid pace, Dr. Tatham riding along beside the carriage. Yatton was about twelve miles off. For the first few miles they preserved a tolerable show of cheerfulness; but as they perceived themselves nearing Yatton, it became plainly more and more of an effort for any of them to speak. Dr. Tatham, also, talked to them seldomer through the windows. At one time he dropped considerably behind; at another, he rode as much ahead.

"Oh, Charles, don't you dread to see Yatton?" said Miss Aubrey, suddenly, as they turned a familiar corner of the road. Neither Mr. nor Mrs. Aubrey answered her.

"When you come to the village," said Mr. Aubrey presently, to the postilion, "drive through it, right up to the Hall, as quickly as you can." He was obeyed. As they passed rapidly along with their windows up, none of the wretched party seemed disposed to look through, but leaned back, in silence, in their seats.

"God bless you! God bless you! I shall call in the evening," exclaimed Dr. Tatham; as, having reached the vicarage, he hastily waved his hand, and turned off. Soon they had passed the park gates; when had they entered it before with such heavy hearts—with eyes so dreading to encounter every familiar object that met them? Alas! the spacious park was no longer theirs; not a tree, not a shrub, not a flower, not an inch of ground; the trees all putting forth their fresh green leaves—nothing was theirs; the fine old turreted gateway, too—an object always, hitherto, of peculiar pride and attachment, their hearts seemed to tremble as they rattled under it!

"Courage, my sweet loves! Courage! courage!" exclaimed Mr. Aubrey, grasping each of their hands, and then they burst into tears. Mr. Aubrey felt his own fortitude grievously shaken as he entered the old Hall, no longer his home, and reflected, moreover—bitterest thought of all—that he had been declared by the law to have been hitherto the wrongful occupant of it; that he must forthwith proceed to "set his house in order," and prepare for a dreadful reckoning with him whom the law had declared to be the true owner of Yatton.

The formal result of the trial at York, was, as has been already intimated, to declare Mr. Titmouse entitled to recover possession of only that insignificant portion of the estates which were occupied by Jacob Jolter; and that, too, only in the event of the first four days of the ensuing term elapsing, without any successful attempt being made to impeach, before the court, the propriety of the verdict of the jury. It is a principle of our English law, that the verdict of a jury is, in general, irreversible and conclusive; but, inasmuch as that verdict may have been improperly obtained—as, for instance, either through the misdirection of the judge, or his erroneous admission or rejection of evidence; or may have no force in point of law by reason of the pleadings of the party for whom it has been given, being insufficient to warrant the court to award its final judgment upon, and in conformity with, such verdict, or by reason of the discovery of fresh evidence subsequently to the trial: therefore the law hath given the party who failed at the trial, till the end of the first four days of the term next ensuing, to show the court why the verdict obtained by his opponent ought to go for nothing, and matters remain as they were before the trial, or a new trial be had. So anxious is our law to afford the utmost scope and opportunity for ascertaining what ought to be its decision, which, when obtained, is, as hath been said, solemnly and permanently conclusive upon the subject; such the effectual and practical corrective of any error or miscarriage in the working of that noble engine—trial by jury. Thus, then, it appears, that the hands of Mr. Titmouse and his advisers were at all events stayed till the first four days of Easter term should have elapsed. During the interval thus afforded to the advisers of Mr. Aubrey, his case, as it appeared upon the notes of his counsel on their briefs, with the indirect assistance and corroboration derived from the short-hand writers' notes, underwent repeated and most anxious examination in all its parts and bearings, by all his legal advisers. It need hardly be said, that every point in the case favorable to their client had been distinctly and fully raised by the Attorney-General, assisted by his very able juniors, Mr. Sterling and Mr. Crystal; and so was it with the counsel of Mr. Titmouse, as, indeed, the result showed. On subsequent examination, none of them could discover any false step, or any advantage which had been overlooked, or taken inefficiently. Independently of various astute objections taken by the Attorney-General to the reception of several important portions of the plaintiff's evidence, the leading points relied on in favor of Mr. Aubrey were—the impropriety of Lord Widdrington's rejection of the deed of confirmation on account of the erasure in it; the effect of that deed, assuming the erasure not to have warranted its rejection; and several questions arising out of the doctrine of adverse possession, by which alone, it had been contended at the trial, that the claim of the descendants of Stephen Dreddlington had been peremptorily and finally barred. Two very long consultations had been held at the Attorney-General's chambers, attended by Mr. Sterling, Mr. Crystal, Mr. Mansfield, the three partners in the firm of Runnington and Company, Mr. Parkinson, and Mr. Aubrey—who had come up to town specially for the purpose. Greatly to the surprise of all of them, he stated most distinctly and emphatically, that he insisted on no ground of objection being taken against his opponent, except such as was strictly just, equitable, honorable, and conscientious. Rather than defeat him on mere technicalities—rather than avail himself of mere positive rules of law, while the RIGHT, as between the consciences of man and man, was substantially in favor of his opponent—Mr. Aubrey declared, however absurd or Quixotic he might be thought, that he would—if he had them—lose fifty Yattons. Fiat justitia, ruat cœlum. "You mean to say, Aubrey," interrupted the Attorney-General, mildly, after listening for some time to his friend and client with evident interest, and admiration of his pure and high-minded character—"that it would be unconscientious of you to avail yourself of a fixed and beneficial rule of law, established upon considerations of general equity and utility—such, for instance, as that of adverse possession in order to retain possession, while"–

"Pray, Mr. Attorney-General, if I had lent you five hundred pounds seven or eight years ago, would you set up the statute of limitations against me when I asked for re-payment?"

"Excuse me, Aubrey," replied the Attorney-General, with a faint flush upon his handsome and dignified features; "but how idle all this is! One would imagine that we were sitting in a school of casuistry! What are we met for, in the name of common sense? For what, but to prevent the rightful owner of property from being deprived of it by a trumpery accidental erasure in one of his title-deeds, which time has deprived him of the means of accounting for?" He then, in a very kind way, but with a dash of peremptoriness, requested that the case might be left in their hands, and that they might be given credit for resorting to nothing that was inconsistent with the nicest and most fastidious sense of honor. This observation put an end to so unprecedented an interference; but if Mr. Aubrey supposed that it had had any effect upon the Attorney-General, he was mistaken; for of course that learned and eminent person secretly resolved to avail himself of every means that he could think of, for overturning the verdict, and securing the Aubreys in the possession of Yatton. He at the same time earnestly endeavored to moderate the expectations of his client, declaring that he was by no means sanguine as to the issue; that Lord Widdrington's rulings at Nisi Prius were very formidable things—in fact, rarely assailable; and then, again, the senior puisne judge of the court—Mr. Justice Grayley—had been consulted by Lord Widdrington at the trial, and concurred with him in his principal ruling, now sought to be moved against. At the close of the second consultation, on the night of the first day in Easter term, (the Attorney-General intending to move on the ensuing morning,) after having finally gone over the case in all its bearings, and agreed upon the exact grounds of moving—the Attorney-General called back Mr. Runnington for a moment, as he was walking away with Mr. Aubrey, and whispered to him, that it would be very proper to assume at once that the motion failed; and consider the best mode of negotiating concerning the surrender of the bulk of the property, and the payment of the mesne profits.

"Oh! Mr. Aubrey has quite made up his mind to the worst, Mr. Attorney-General."

"Ah, well!" replied the Attorney-General, with a sigh; and about five minutes after Mr. Runnington's departure, the Attorney-General stepped into his carriage, which had been standing for the last hour opposite his chambers. He drove down to the House of Commons, where he almost immediately after delivered a long and luminous speech on one of the most important and intricate questions that had been discussed during the session!

At length arrived the morning of the second day in term. Lord Widdrington was occupied for about a couple of hours in "going through the bar"—i. e. calling on counsel to "move" in their order matters of general business, before taking motions for new trials. About a quarter of an hour before his Lordship had completed the round of the bar, the Attorney-General came into court, and arranged all his books and papers before him; Mr. Subtle sitting next to him, intending to take a note of the grounds on which he moved.

"Does any other gentleman move?" inquired Lord Widdrington, looking over the court. He received no answer.

"Mr. Attorney-General," said he; and the Attorney-General rose–

"If your Lordship pleases," he commenced, slowly rising and bowing—"in a case of Doe on the Demise of Titmouse against Jolter, tried before your Lordship at the last assizes for the county of York, I have humbly to move your Lordship for a rule to show cause why a nonsuit should not be entered, or why the verdict entered for the plaintiff should not be set aside, and a New Trial had." He proceeded to state the facts of the case with great clearness and brevity. In like manner—with perfect simplicity and precision—he stated the various points arising upon the evidence, and the general grounds of law which have been already specified; but I am so grateful to the reader for his patience under the infliction of so much legal detail as was contained in the last chapter of this history, that I shall now content myself with the above general statement of what took place before the court. As soon as he had sat down, the judges consulted together for a minute or two; and then—

"You may take a rule to show cause, Mr. Attorney-General," said Lord Widdrington.

"On all the grounds I have mentioned, my Lord?"

"Yes—on all of them. They are very well worth considering—Mr. Solicitor-General, do you move?"

Up rose, thereupon, the Solicitor-General.

"I shall discharge your rule," whispered Mr. Subtle to the Attorney-General.

"I'm not excessively sanguine,"—whispered the Attorney-General, leaning his head close to Mr. Subtle, and with his hand before his mouth. Then his clerk removed the battery of books which stood before him, together with his brief; and taking another out of his turgid red bag, the Attorney-General was soon deep in the details of an important shipping case, in which he was going to move when next it came to his turn.

Thus the court had granted a "RULE NISI," as it is called, (i. e. it commanded a particular thing to be done—"unless" sufficient "cause" could be thereafter shown to the court why it should not be done,) for either entering a nonsuit, or having a new trial. Now, had this rule been obtained in the present day, nearly two years must have elapsed, owing to the immense and perhaps unavoidable arrear of business, before the other side could have been heard in answer to it. Now, had such been the state of business at the time when the Rule in Doe d. Titmouse v. Jolter was moved for, see the practical effect of it: had Mr. Aubrey, instead of the high-minded and conscientious man he undoubtedly was, been a rogue, he might have had the opportunity of getting in nearly twenty thousand pounds, and setting off with it to spend upon the Continent, as soon as he found that the court had decided against him: or, if the tenants should have been served with notice not to pay their rents to any one but Mr. Titmouse—at all events not to Mr. Aubrey—how were Mr. Aubrey and his family to have subsisted during this interval?—and with the possibility that, at the end of some two years, he might be declared to be the true owner of Yatton, and consequently all the while entitled to those rents, &c., the non-payment of which might have entailed upon him the most serious embarrassments! During the same interval, poor Mr. Titmouse, heart-sick with hope deferred, might have taken to liquor, as a solace under his misery, and drunk himself to death before the rule was discharged—or brought his valuable life to a more sudden and abrupt conclusion: which affecting event would have relieved the court from deciding several troublesome points of law, and kept the Aubreys in possession of the Yatton estates. Thus much for some of the incidental effects of the law's delay! At the time, however, concerning which I am writing, it was otherwise.4 Shall I be believed when I inform the reader that within ten or twelve days after the rule nisi, in the present case, had been moved, "cause was shown" against it, by Mr. Subtle and Mr. Lynx, and very admirably shown against it too. (Mr. Quicksilver, fortunately for the interests of Mr. Titmouse, was absent, attending a great meeting in the City, called by himself to establish a society for the Moral and Intellectual Regeneration of Mankind on the basis of Pure Reason.) The Attorney-General exerted himself to the utmost in support of his rule. He felt that the court—though scarcely at all interfering during his address—was against him; yet he delivered, perhaps, one of the most masterly arguments that had ever been heard in the place where he was speaking. Mr. Sterling and Mr. Crystal, wisely avoiding the ground so admirably occupied by the Attorney-General, contented themselves with strengthening those positions which appeared to them less fortified by authorities than the others; and then the court said they would take a day or two's time to consider; "less on account," said Lord Widdrington, "of the difficulty of the case, than the magnitude of the interests which would probably be affected by their decision."

"You have them dead with you, Subtle," whispered the Attorney-General, a slight expression of chagrin stealing over his features, as he heard the observation of Lord Widdrington.

"I never doubted it," replied Mr. Subtle, with a confident air. Every day afterwards, from the sitting to the rising of the court, did the anxious Aubrey attend in the King's Bench, to hear the judgment of the court delivered. At length arrived the last day of the term. Soon after the sitting of the court, Lord Widdrington pronounced judgment in two or three cases; but not seeing the Attorney-General (who was engaged before the House of Lords) in his place, delayed giving judgment in the case of "Doe v. Jolter." About two o'clock he made his appearance; and shortly afterwards, Lord Widdrington, after disposing of the matter then before the court, said—"There was a case of Doe on the demise of Titmouse against Jolter, in which, early in the term, a rule was obtained by the Attorney-General, calling upon the lessor of the plaintiff to show cause why"—and he proceeded to state the rule, and then to deliver the written unanimous judgment of the court. A clear statement of the facts out of which the questions submitted to the court had arisen, and of those questions themselves, was listened to by Mr. Aubrey in breathless suspense, before he could obtain the faintest intimation of the judgment which the court was about to pronounce. Lord Widdrington went on to dispose, one by one, with painful deliberation and precision, of the several points presented for the decision of the court. One or two were decided in favor of the defendant; but his Lordship added, that it had become unnecessary to do so, in consequence of the answers given by the witnesses to subsequent questions at the trial, and which disposed of the doubts arising on the former ones. The documentary evidence, subsequently put in, got rid of another difficulty in the early part of the plaintiff's case, and rendered immaterial a question put by the plaintiff's counsel, and strenuously objected to on the part of the defendant, and which the court was of opinion, as had been Lord Widdrington at the trial, ought not to have been allowed. Then, as to the Adverse Possession, on which very great stress had been laid by the defendant's counsel, the court was of opinion that none existed; since there had been a disability—indeed, a series of disabilities,5—through infancy, coverture, and absence beyond seas, of the various parties through whom the lessor of the plaintiff claimed. Finally, as to the question concerning the ERASURE, the court was of opinion, that the deed in which it occurred had been properly rejected; inasmuch as the erasure was in a clearly material part of the deed, and there were no recitals in the deed by which it could be helped. That it was incumbent upon those proffering the deed in evidence, to account for its altered appearance, although the deed was more than thirty years old, and rebut the presumption of fraud arising therefrom. That the erasure was a clear badge of fraud; and to hold otherwise, would be to open a wide door to frauds of the most extensive and serious description. That there had been no evidence offered to show that the deed had ever been a valid deed; the very first step failed; and, in short, in its then state, it was in contemplation of law no deed at all; and, consequently, had been properly rejected. "For all these reasons, therefore," concluded Lord Widdrington, "we are clearly of opinion, that the verdict ought not to be disturbed, and the rule will consequently be DISCHARGED."6 As these last words were pronounced, a mist seemed for a moment to intervene between Mr. Aubrey and everything around him; for his thoughts had reverted to Yatton, and the precious objects of his affection who were there, in sickening suspense, awaiting the event which had that moment taken place. The words yet sounding in his excited ears, seemed like the sentence of expulsion from Paradise passed upon our dismayed and heart-broken first parents. Yes, in that solemn region of matter-of-fact and common-place—that dead sea—generally speaking—as far as feeling, sentiment, incident, or excitement is concerned, the Court of King's Bench—there sat a man of exquisite sensibility—pure and high-minded—whose feelings were for a while paralyzed by the words which had fallen from the judgment-seat, uttered with a cold, business-like, indifferent air—oh! how horridly out of concert with the anxious and excited tone of him whom, with his lovely family, they consigned, in fact, to destitution! After remaining for about a quarter of an hour, during which brief interval he resumed the control over his feelings which he had so long and successfully struggled to maintain, he rose, and quitted the court. It was a heavy lowering afternoon—one which seemed to harmonize with the gloomy and desolate mood in which he slowly walked homeward. He encountered many of his friends, on foot, on horseback, and in carriages, on their way down to the Houses of Parliament; the very sight of them, in the morbid state of his feelings, gave him a pang that was indescribable. With them matters were the same as they had ever been—as they had till then been with him—and as probably they would be with them to the end of their career; but he had been forced, suddenly and forever, to quit the scene of high excitement and proud aspirations!—He heaved many deep sighs, as he exchanged nod after nod with those he met, as he approached Charing Cross. There he encountered Lord C–, the brilliant Foreign Secretary, arm-in-arm with two eloquent and leading members of the Government—all of them evidently in high spirits, on their way down to the House.

"Ah!—Aubrey!—In town?—An age since we met!"—exclaimed they, in a breath, shaking him cordially by the hand.—"You know, of course, that the budget comes on to-night—eh?"–

"I was not aware of it,"—said Mr. Aubrey.

"I assure you," interrupted Lord C–, "our friends will do us great service—very essential service, by being early in their attendance!—You know that Mr. Quicksilver intends to come out against us to-night in great force?—My dear Aubrey, you are going the wrong way!"

"I am not going down to the House to-night!"

"Not going down?—Eh?—My dear Aubrey, you astonish me!—Have you paired off? You can't think how I lament your absence!"

"I am returning to Yorkshire almost immediately."

"But surely you can come for an hour, or so, to-night—eh? Come! The division won't come on till late. Don't let a trifle stand in the way!"

"I would not let a trifle stand in the way," replied Mr. Aubrey, in a tone and manner which at once arrested the attention of those whom he was addressing, and suddenly reminded them of what, in their political eagerness, they had for a moment lost sight of—namely, the perilous position of his private affairs.

"My dear Aubrey, I beg a thousand pardons for intruding such matters upon you," said Lord C–, with sudden earnestness; "but shall we have an opportunity of meeting before you leave town?"

"I fear—not;—I set off by the mail to-morrow evening—and have in the mean time much to attend to," said Mr. Aubrey, unable to repress a sigh—and they parted. But for a determination not to yield to a morbid sensibility, he would have got into a hackney-coach, and so have avoided the "troops of friends," the hosts of "old familiar faces," all wending down to the scene in which he had begun so eminently to distinguish himself—but from which he seemed now to be forever excluded. He, therefore, pursued his way on foot. One of those on whom his troubled eye lit, was a well-known figure on horseback—the great Duke of –, on his way down to the House of Lords, going very slowly, his head inclined on one side, his iron-cast features overspread with an expression of stern thoughtfulness. He did not observe Mr. Aubrey—in fact, he seemed too much absorbed with his own thoughts to observe or recognize anybody; yet he now and then mechanically raised his finger to his hat, in acknowledgment of the obeisances of those who saluted him as he passed. Poor Aubrey sighed; and felt as if circumstances had placed him at an immeasurable distance from the man whom, so lately, he had entertained familiarly at dinner; that there seemed suddenly to exist, as it were, a great and impassable gulf between them.

On reaching his house in Grosvenor Street, his heart fluttered while he knocked and rang; and he seemed to himself to shrink from the accustomed obsequious voice and manner of the powdered menial who admitted him. Having ordered a slight dinner, he repaired to his library. The only letter which had arrived since he had left in the morning, bore the Grilston postmark, and was in the handwriting of Mrs. Aubrey. He opened it with trembling eagerness. It was crossed—the dear familiar handwriting!—from beginning to end, and full of heart-subduing tenderness. Then it had a little enclosure, with a strange, straggling superscription, "To my Papa;" and, on opening it, he read, in similar characters—

"My dear Papa, I love you very very much. Do come home. Mamma sends her love. Your dutiful son,

"Charles Aubrey.

"P. S.—Agnes sends her love; she cannot write because she is so little. Please to come home directly.

"Charles A., Yatton."

Aubrey saw how it was—that Mrs. Aubrey had either affected to write in her little son's name, or had actually guided his pen. On the outside she had written in pencil—

"Charles says, he hopes that you will answer his letter directly."

Aubrey's lip quivered, and his eyes filled with tears. Putting the letters into his bosom, he rose and walked to and fro, with feelings which cannot be described. The evening was very gloomy. Rain poured down incessantly. He was the only person in that spacious and elegant house, except the servants left in charge of it; and dreary and desolate enough it appeared. He was but its nominal owner—their nominal master! In order to save the post, he sat down to write home—(home! his heart sank within him at the thought)—and informed Mrs. Aubrey and his sister of the event for which his previous letters had prepared them; adding that he should set off for Yatton by the mail of the ensuing night, and that he was perfectly well. He also wrote a line or two, in large printed characters, by way of answer to his little correspondent, his son, towards whom—ah!—how his heart yearned! and having despatched his packet, probably the last he should ever frank, he partook of a hasty and slight dinner, and then resigned himself to deep meditation upon his critical circumstances. He was perfectly aware of his precise position, in point of law, namely, that he was safe in the possession of the Yatton property, (with the exception of the trifle which was occupied by Jolter, and had been the object of the action just determined,) till another action should have been brought, directly seeking its recovery; and that by forcing his opponent to bring such action, he might put him to considerable risk of retaining his verdict, and thereby greatly harass him, and ward off, indefinitely, the evil day from himself. By these means he might secure time, possibly also, favorable terms for the payment of the dreadful arrear of mesne profits, in which he stood indebted to his successor. To this effect he had received several intimations from Mr. Runnington, as upright and conscientious an adviser as was to be found in the profession. But Mr. Aubrey had decided upon his course; he had taken his ground, and intended to maintain it. However sudden and unlooked-for had been the claim set up against him, it had been deliberately and solemnly confirmed by the law of the land; and he had no idea but of yielding to it a prompt and hearty obedience. He resolved, therefore, to waste no time—to fritter away no energy in feeble dalliance with trouble; but to face her boldly. He determined to instruct Mr. Runnington, on the morrow, to write to his opponent's solicitors, informing them that within three weeks' time, the estates at Yatton would be delivered up to their client, Mr. Titmouse, and also to arrange for the quickest possible disposal of his house in Grosvenor Street, and his wines and his furniture, both there and at Yatton. He resolved, moreover, to take forthwith the necessary steps for vacating his seat in Parliament, by applying for the Stewardship of the Chiltern Hundreds; and having determined on these arrangements, consequent upon the adverse decision of the Court of King's Bench of that day, he experienced the momentary relief and satisfaction of the seaman who has completely prepared his vessel for the approaching storm. He felt, indeed, relieved, for a while, from a dreadful pressure.

"And what, now, have I really to complain of?" said he to himself; "why murmur presumptuously and vainly against the dispensations of Providence? I thank God that I am still able to recognize His hand in what has befallen me, and to believe that He hath done all things well; that prosperity and adversity are equally, from Him, means of accomplishing His all-wise purposes! Is it for me, poor insect! to question the goodness, the wisdom, or the justice of my Maker? I thank God for the firm belief I have, that He governs the world in righteousness, and that He has declared that He will protect and bless those who sincerely endeavor to discover, and conform to His will concerning them. He it was who placed me in my late condition of prosperity and eminence; why should I fret, when He sees fit gently to remove me from it, and place me in a different sphere of exertion and suffering? If the dark heathen could spend a life in endeavoring to steel his heart against the sense of suffering, and to look with cheerless indifference upon the vicissitudes of life, shall I, a Christian, shrink with impatience and terror from the first glimpse of adversity? Even at the worst, how favored is my situation in comparison of that of millions of my fellow-creatures? Shall I—may I not—lessen my own sufferings, by the contemplation of those which the Almighty has thought fit to inflict upon my brethren? What if I, and those whom I love, were the subjects of direful disease—of vice—of dishonor? What if I were the object of the just and universal contempt of mankind; given up to a reprobate mind; miserable here, and without hope hereafter? Here have I health, a loving family—have had the inestimable advantages of education, and even now, in the imminent approach of danger, am enabled to preserve, in some measure, a composure of feeling, a resolution—which will support me, and those who are dearer to me than life." Here his heart beat quickly, and he walked rapidly to and fro. "I am confident that Providence will care for them! As for me, even in sight of the more serious and startling peril which menaces me—what is it to a Christian but a trial of his constancy? There hath no temptation taken you, say the Scriptures written for our instruction, but such as is common to man;7 but God is faithful, who will not suffer you to be tempted above what ye are able, but will with the temptation, also make a way to escape, that ye may be able to bear it." This consolatory passage led Aubrey, in a calm and exalted mood of mind, to meditate upon that picture of submission to manifold misfortune, simple and sublime beyond all comparison or approach, drawn by the pencil of one inspired with wisdom from on high—calculated at once to solemnize, to strengthen, and elevate the heart and character of man; and which is to be found in the first and second chapters of the Book of Job. Oh reader! who, brilliant as may be at this moment your position in life, may have been heretofore, or may be hereafter, placed in circumstances of dreadful suffering and peril, suffer him whose humble labors now for a moment occupy your attention, reverently to refer you again and yet again, to that memorable passage of holy writ! With danger surrounding him, with utter ruin staring him in the face, Mr. Aubrey read this passage of Scripture; his shaken spirit gathered from it calmness and consolation; and after a while, retiring early to bed, he enjoyed a night of tranquil repose.

"These wretches are determined not to let the grass grow underneath their feet, Mr. Aubrey," said Mr. Runnington, who, the next morning, made his appearance at breakfast, pursuant to appointment; "within two hours' time of the court's delivering judgment, yesterday afternoon, I received the following communication." He handed to Mr. Aubrey this letter:—

"Saffron Hill, 25th April 18—.

"Gentlemen:

"Doe d. Titmouse v. Jolter.

"The rule for a new trial herein having been this day discharged, and the unanimous judgment of the court delivered in favor of the claims to the Yatton estate, of the lessor of the plaintiff, in the present action, we shall feel obliged by an intimation from you, at your earliest possible convenience, of the course which your client may think fit to adopt. You are, of course, aware that we are now in a situation to attack, successfully, the entire property at Yatton, at present in the possession of Mr. Aubrey; and that, had we thought fit, we might have sought and recovered it all in the action which has just been decided in favor of our client. It is now in our power greatly to strengthen the evidence adduced at the late trial: and we beg to be informed whether it is your client's intention to put Mr. Titmouse to the enormous expense, and delay, of a second trial, the issue of which cannot be doubtful; or, with the promptitude and candor which are to be expected from a gentleman of the station and character of your client, at once to yield to our client the substantial fruits of his verdict.

"If his reasonable wishes and expectations in this matter should be disregarded and frustrated, we would merely intimate that it will be for your client most seriously to weigh the consequences; to see whether such a line of conduct may not greatly prejudice his interests, and place him in a far worse position than, perhaps, he would otherwise have occupied. As we understand your client to be in town, we trust you will forgive us for requesting you immediately to communicate with him; and that at your earliest convenience you will enable us to announce the result to our client.—We are, gentlemen, your obedient servants,

"Quirk, Gammon, & Snap."Messrs. Runnington & Co."

"Well—I own I see nothing to find fault with," said Mr. Aubrey, calmly, but with a suppressed sigh, as soon as he had read the letter.

"Rather quick work, too—is it not, Mr. Aubrey?—within an hour or two after judgment pronounced in their favor:—but, to be sure, it's very excusable, when you consider the line of business and the sort of clients that Messrs. Quirk, Gammon, and Snap are accustomed to."

"I have made up my mind as to the course I shall adopt," said Mr. Aubrey.

"Oh, of course, that is quite clear!" said Mr. Runnington, pouring out his coffee—"we shall stand another shot, and see if they've ammunition enough left for the purpose: and we'll tender a bill of exceptions, and carry the case into the Exchequer Chamber, and thence into the House of Lords—ah! we'll work them, I warrant them!"—and he rubbed his hands, with a little excitement in his manner.

"Why, Mr. Runnington," answered Mr. Aubrey, gravely, "would it not be wanton—most unconscientious—in me to put them to the expense and anxiety of a second trial, when the whole case, on both sides, has been fairly brought before both the court and the jury?"

"Good heavens, Mr. Aubrey!" exclaimed Mr. Runnington, with visible amazement—"who ever heard of an estate of even one or two hundred a-year being surrendered after one assault?"

"If it were ten thousand times ten thousand a-year, I would submit—after such a trial as ours!" said Mr. Aubrey, calmly.

"How do we know what fraud and perjury may have been resorted to in order to secure the late verdict, and which we may have the means of exploding against the next trial? Ah, Mr. Aubrey, you don't know the character of Messrs. Quirk, Gammon, and Snap in the profession; they learn a fresh trick from every scoundrel, swindler, and thief, whose case they undertake."

"I thought that fraud and perjury were never to be presumed, Mr. Runnington! Besides, had we not the advantage of most eminent, acute, and experienced counsel? How could it escape them?"

"I would only venture to remind you," said Mr. Runnington, firmly but respectfully, "of the observations of the Attorney-General, at our last consultation."

"I thought I was unanswered, Mr. Runnington, though I did not feel at liberty to press the matter," replied Mr. Aubrey, with a melancholy smile.

"Excuse me, but we must take the chance of a second trial," said Mr. Runnington.

"I have decided upon the course I shall adopt," replied Mr. Aubrey, calmly and determinedly—"I beg you, Mr. Runnington, to write this day to the gentlemen upon the other side, and inform them that within three weeks I shall be prepared to deliver up possession of Yatton."

"My dear sir!—Do I hear aright?" exclaimed Mr. Runnington, with some agitation. "Deliver up possession of the estates? and within three weeks? My ears are deceiving me!"

"That was what I said—or meant to say—Mr. Runnington," replied Mr. Aubrey, rather peremptorily.

"I give you my honor, Mr. Aubrey, that in the whole course of my practice I never heard of such a procedure!" said Mr. Runnington, with a half-desperate air.

"And I shall further request you to state that the last quarter's rents are in my banker's hands, and will be paid over to the order of Mr. Titmouse"–

"Good gracious, Mr. Aubrey!" interrupted Mr. Runnington, with an air of deep concern.

"I have well considered the position in which I am placed," said Mr. Aubrey, with a serious air.

"It is very painful for me to mention the subject, Mr. Aubrey; but have you adverted to the mesne profits?"

"I have. It is, indeed, a very fearful matter: and I frankly own that I see no way open before me, but to trust to the forbearance of"–

"Forbearance!—The forbearance of Messrs. Quirk, Gammon, and Snap!! or of any one counselled by them!"

"Why, what can I do? I might as well undertake to pay off the national debt as the sum of sixty thousand pounds!"

"That's just the very thing," replied Mr. Runnington, with a dismayed air.

"Whatever honorable negotiation can effect, I leave it in your hands to do. With reference to the time which may be allowed for liquidating this frightful demand"—Mr. Aubrey changed color, but spoke with firmness—"I must own this to be a matter which has occasioned me inexpressible anxiety, Mr. Runnington. I really do not see what length of time will enable me to discharge so vast a sum of money, or even to make any sensible impression upon it. I am quite at the mercy of my enemies!" Here both were silent for some time.

"At one time, I fancied that in a case so grievously hard as yours," said Mr. Runnington, with a sigh—"you might obtain relief from a Court of Equity from the payment of the mesne profits, on the ground of your total ignorance of the title of Titmouse; and I laid a case before the most skilful lawyer in the Court of Chancery—but alas! the answer was in the negative—that the court had no power whatever to deprive a man of what he had proved to be his strict legal rights"–

"Nor can I, Mr. Runnington, see on what principle such an interference could be supported!8 Besides—can I entirely acquit myself of negligence? Have I not been culpably forgetful of the suggestions which you made to me at the time of my marriage settlement? No, no! I feel myself bound hand and foot"–

At this moment a thundering appeal to the knocker of the door announced an arrival; and presently the servant entered and stated that Lord C– had called, and was waiting in the library. After repeating two or three directions to Mr. Runnington, Mr. Aubrey left him; and presently entered the library, where Lord C– was waiting to receive him. Lord C– was a middle-aged man, tall, of elegant person, with a very handsome and intellectual countenance, and most winning address; he was a thorough politician, and possessed of eloquence, immense practical knowledge, and a commanding intellect. He was made for eminent office; and got through the most complicated and harassing business with ease and celerity. He had for several years entertained a sincere regard for Mr. Aubrey, whom he considered to be a very rising man in the House of Commons, and to have rendered him, on several occasions, special service in debate. He had been much shocked to hear of the sudden misfortune which had befallen Mr. Aubrey; and had now come to him with a sincere desire to be of service; and also, not without a faint hope of prevailing upon him to come down that evening, and support them in a very close division. He was as kind-hearted a man as—a keen politician could be.

"I am really shocked beyond expression to hear all this," said he, after Aubrey had, at his earnest request, explained the position in which he was placed; the dreadful loss he had sustained, the still more dreadful liabilities to which he was subject. "Really," exclaimed his Lordship, "who can be safe? It might have happened to me—to any of us! Forgive me, my dear Aubrey," he continued earnestly, "if I venture to express a hope that at all events Mrs. Aubrey and your family are provided for, and your very lovely sister; they, I trust, are out of the reach of inconvenience?" Mr. Aubrey's lips quivered, and he remained silent.

"Allow me a friend's freedom, Aubrey, and let me repeat my question; are your family provided for?"

"I will be frank, Lord C–," replied Mr. Aubrey, with a strong effort to preserve his composure. "The little provision which had been made for them, is lost, with Yatton; but for them—my wife, my children, my sister—I could have submitted to this misfortune with unshrinking fortitude; but they are, alas, involved in my ruin! My wife had nothing when I married her; and of course the settlements I made on her were out of the Yatton property; as also was the little income left my sister by my father. With Yatton all is gone—that is the plain fact; and there is no disguising it."

Lord C– seemed much moved.

"The Duke of –, I, and two or three other of your friends, were talking about these matters last night; we wish we could serve you. What is the sort of foreign service you would prefer, Aubrey?"

"Foreign service?" echoed Mr. Aubrey, significantly.

"Yes; an entire change of scene would be highly serviceable in diverting your thoughts from the distressing subjects which here occupy them, and must continue to occupy them for some time to come. Can there be a doubt of it?"

"It is very kindly meant, Lord C–; but do you really think I can for a single moment entertain the idea of quitting the country to escape from pecuniary liability?"

"That's the point, exactly; I decidedly think you ought to do so; that you must," replied Lord C–, in a matter-of-fact manner.

"Nothing upon earth shall induce me to do so," replied Mr. Aubrey, firmly. "The bare idea shocks me. It would be the meanest, most unprincipled conduct—it would reflect disgrace on the king's service."

"Poh—this is mere eccentricity—knight-errantry; I'm sure that when you are in a calmer mood you will think differently. Upon my honor, I never heard of such absurdity as yours, in my life. Are you to stay at home, to have your hands tied behind your back, and be thrust into prison—to court destruction for yourself and your family?" Mr. Aubrey turned aside his head, and remained silent.

"I must plead in favor of Mrs. Aubrey—your children—your sweet lovely sister;—good God! it's quite shocking to think of what you are bringing them to."

"You torture my feelings, Lord C–," said Mr. Aubrey, tremulously and very pale; "but you do not convince my judgment. Every dictate of conscience and honor combines to assure me that I should not listen to your proposal."

"Good God! what an outrage on common sense!—But has anything been yet said on the subject of these liabilities—these mesne profits, as I think you said they are called?"

"Nothing; but they follow as a matter of course."

"How is it that you owe only sixty thousand pounds, Aubrey?"

"Only sixty thousand!" echoed Mr. Aubrey, amazedly.

"At the rate of ten thousand a-year, you must have had at least a hundred thousand pounds of the money belonging to your successor"–

"The statute of limitations prevents more than six years' arrears being recoverable."

"But do you intend, Aubrey, to avail yourself of such a protection against the just claims of this poor, unfortunate, ill-used gentleman? Are not the remaining forty thousand pounds justly due—money of his which you have been making away with? Will you let a mere technical rule of law outweigh the dictates of honor and conscience?"

"I really don't exactly understand your drift, Lord C–," said Mr. Aubrey, coloring visibly.

"Well—I will explain. Your sovereign has a right to command your services; and, by obeying him and serving your country, you are enabled to prevent a malignant opponent from ruining you and your family, by extorting a vast sum of money not equitably due: I protest I see no difference in principle, Aubrey, between availing yourself of the statute of limitations, and of the call of the king to foreign service;—but we must talk of this again. By the way, what is the name of your worthy opponent? Tittlemouse, or some such strange name?"

"Titmouse!—By the way, you lose a seat for Yatton," said Aubrey, with a faint smile.

Lord C– pricked up his ears. "Ay, ay! how's that?"

"The gentleman whom you have named professes, I understand, Liberal principles; probably he will sit for the borough himself; at all events, he will return the member."

"He's a poor ignorant creature, isn't he? What has made him take up with Liberal principles? By taking a little notice of him early, one might—eh?—influence him;—but—of course you don't intend to vacate this session?"

"I intend this day to apply for the Chiltern Hundreds; and this evening, if you like, a new writ may be moved for the borough of Yatton."

"You must come down to-night, my dear Aubrey, you really must," said Lord C–, with undisguised anxiety—with more than he had shown during the interview. "The numbers will run very close; they are stirring heaven and earth!—Good heavens! my dear Aubrey, a vote's invaluable to-night;—gad, you sha'n't have the Chiltern Hundreds;9 you mustn't really apply for it—at all events, not till to-morrow."

"I shall sit no more in the House of Commons," said Mr. Aubrey, with a sad determined air; "besides, I leave for Yatton by to-night's mail. There are those waiting for me whom you would not have me disappoint, Lord C–!"

"Not for worlds, my dear Aubrey," replied Lord C–, half absently. He was intensely disappointed at not obtaining Mr. Aubrey's vote that evening; and rose to go.

"Then I am to direct to Yatton, when I may have occasion to write to you?" said he.

"For the next three weeks only—my movements after that period are not yet fixed."

"Adieu, Aubrey; and I entreat of you to remember me most sincerely to Mrs. Aubrey and your sister; and when you look at them,—recollect—pray, recollect our conversation of to-day."

With this Lord C– took his departure, and left poor Aubrey much depressed. He quickly, however, roused himself, and occupied the principal part of the day in making the necessary and melancholy arrangements for breaking up his establishment in Grosvenor Street, and disposing of his wines, books, and furniture at Yatton. He also instructed a house-agent to look out for two or three respectable but small houses in the outskirts of town, out of which might be chosen the one appearing most suitable to himself and Mrs. Aubrey, on their arrival in London. About eight o'clock he got into the York mail, and his heart was heavy within him.