Ten Thousand a-Year Volume I Part 34

Mr. Aubrey started, and his face was suddenly blanched.

"The matters which we then discussed have suddenly acquired fearful importance. This paper occasions us, on your account, the profoundest anxiety." Mr. Aubrey continued silent, gazing on Mr. Parkinson with intensity.

"Supposing, from a hasty glance at it, and from the message accompanying it, that it was merely another action of Tomkins's about the slip of waste land attached to Jolter's cottage, I sent up to London to my agents, Messrs. Runnington, requesting them to call on the plaintiff's attorneys, and settle the action. He did so; and--perhaps you will explain the rest," said Mr. Parkinson, with visible trepidation, to Mr.

Runnington.

"Certainly," said that gentleman, with a serious air, but much more calmly and firmly than Mr. Parkinson had spoken. "I called accordingly, early yesterday morning, on Messrs. Quirk, Gammon, and Snap--they are a very well--but not enviably--known firm in the profession; and in a few minutes my misconception of the nature of the business which I had called to arrange, was set right. In short"---- he paused, as if distressed at the intelligence which he was about to communicate.

"Oh, pray, pray go on, sir!" said Mr. Aubrey, in a low tone.

"I am no stranger, sir, to your firmness of character; but I shall have to tax it, I fear, to its uttermost. To come at once to the point--they told me that I might undoubtedly _settle_ the matter, if you would consent to give up immediate possession of _the whole Yatton estate_, and account for the mesne profits to their client, the right heir--as they contend--a Mr. t.i.ttlebat t.i.tmouse." Mr. Aubrey leaned back in his chair, overcome, for an instant, by this astounding intelligence; and all three of them preserved silence for more than a minute. Mr.

Runnington was a man of a very feeling heart. In the course of his great practice he had had to encounter many distressing scenes; but probably none of them had equalled that in which, at the earnest entreaty of Mr.

Parkinson, who distrusted his own self-possession, he now bore a leading part. The two attorneys interchanged frequent looks of deep sympathy for their unfortunate client, who seemed as if stunned by the intelligence they had brought him.

"I felt it my duty to lose not an instant in coming down to Yatton,"

resumed Mr. Runnington, observing Mr. Aubrey's eye again directed inquiringly towards him; "for Messrs. Quirk, Gammon, and Snap are very dangerous people to deal with, and must be encountered promptly, and with the greatest possible caution. The moment that I had left them, I hastened to the Temple, to retain for you Mr. Subtle, the leader of the Northern Circuit; but they had been beforehand with me, and retained him nearly three months ago, together with another eminent king's counsel on the circuit. Under these circ.u.mstances, I lost no time in giving a special retainer to the Attorney-General, in which I trust I have done right, and in retaining as junior a gentleman whom I consider to be incomparably the ablest and most experienced lawyer on the circuit."

"Did they say anything concerning the nature of their client's t.i.tle?"

inquired Mr. Aubrey, after some expressions of amazement and dismay.

"Very little--I might say, nothing. If they had been _never_ so precise, of course I should have distrusted every word they said. They certainly mentioned that they had had the first conveyancing opinions in the kingdom, which concurred in favor of their client; that they had been for months prepared at all points, and accident only had delayed their commencing proceedings till now."

"Did you make any inquiries as to who the claimant was?" inquired Mr.

Aubrey.

"Yes; but all I could learn was, that they had discovered him by mere accident; and that he was at present in very obscure and distressed circ.u.mstances. I tried to discover by what means they proposed to commence and carry on so expensive a contest; but they smiled significantly, and were silent." Another long pause ensued, during which Mr. Aubrey was evidently silently struggling with very agitating emotions.

"What is the meaning of their affecting to seek the recovery of only one insignificant portion of the property?" he inquired.

"It is their own choice--it may be from considerations of mere convenience. The t.i.tle, however, by which they may succeed in obtaining what they at present go for, will avail to recover every acre of the estate, and the present action will consequently decide everything!"

"And suppose the worst--that they are successful," said Mr. Aubrey, after they had conversed a good deal, and very anxiously, on the subject of a presumed infirmity in Mr. Aubrey's t.i.tle, which had been pointed out to him in general terms by Mr. Parkinson, on the occasion already adverted to--"what is to be said about the rental which I have been receiving all this time--ten thousand a-year?" inquired Mr. Aubrey, looking as if he dreaded to hear his question answered.

"Oh! that's quite an after consideration--let us first fight the battle," said Mr. Runnington.

"I beg, sir, that you will withhold nothing from me," said Mr. Aubrey.

"To what extent shall I be liable?"

Mr. Runnington paused.

"I am afraid that _all_ the mesne profits, as they are called, which you have received"--commenced Mr. Parkinson----

"No, no," interrupted Mr. Runnington; "I have been turning that matter over in my mind, and I think that the statute of limitations will bar all but the last six years"----

"Why, _that_ will be sixty thousand pounds!" interrupted Mr. Aubrey, with a look of sudden despair. "Gracious Heavens, that is perfectly frightful!--frightful! If I lose Yatton, I shall not have a place to put my head in--not one farthing to support myself with! And yet to have to make up _sixty thousand pounds_!" The perspiration bedewed his forehead, and his eye was laden with alarm and agony. He slowly rose from his chair and bolted the door, that they might not, at such an agitating moment, be surprised or disturbed by any of the servants or the family.

"I suppose," said he, in a faint and tremulous tone, "that if this claim succeed, my mother also will share my fate"----

They shook their heads in silence.

"Permit me to suggest," said Mr. Runnington, in a tone of the most respectful sympathy, "that sufficient for the day is the evil thereof."

"But the NIGHT follows!" said Mr. Aubrey, with a visible tremor; and his voice made the hearts of his companions thrill within them. "I have a fearful misgiving as to the issue of these proceedings! I ought not to have neglected the matter pointed out to me by Mr. Parkinson on my marriage! I feel as if I had been culpably lying by ever since!--But I really did not attach to it the importance it deserved: I never, indeed, distinctly appreciated the nature of what was then mentioned to me!"

"A thousand pities that a _fine_ was not _levied_, is it not?" said Mr.

Runnington, turning with a sigh to Mr. Parkinson.

"Ay, indeed it is!" replied that gentleman--and they spoke together for some time, and very earnestly, concerning the nature and efficacy of such a measure, which they explained to Mr. Aubrey.

"It comes to this," said he, "that in all probability, I and my family are at this moment"--he shuddered--"trespa.s.sers at Yatton!"

"That, Mr. Aubrey," said Mr. Parkinson, earnestly, "remains to be proved! We really are getting on far too fast. A person who heard us might suppose that the jury had already returned a verdict against us--that judgment had been signed--and that the sheriff was coming in the morning to execute the writ of possession in favor of our opponent."

This was well meant by the speaker; but surely it was like talking of the machinery of the ghastly guillotine to the wretch in s.h.i.+vering expectation of suffering by it on the morrow. An involuntary shudder ran through Mr. Aubrey. "Sixty thousand pounds!" he exclaimed, rising and walking to and fro. "Why, I am ruined beyond all redemption! How can I ever satisfy it?" Again he paced the room several times, in silent agony. Presently he resumed his seat. "I have, for these several days past, had a strange sense of impending calamity," said he, more calmly--"I have been equally unable to account for, or get rid of it. It may be an intimation from Heaven; I bow to its will!"

"We must remember," said Mr. Runnington, "that '_possession is nine-tenths of the law_;' which means, that your mere possession will ent.i.tle you to retain it against all the world, till a stronger t.i.tle than yours to the right of possession be made out. You stand on a mountain; and it is for your adversary to displace you, not by showing merely that you have no real t.i.tle, but that _he has_. If he could prove all your t.i.tle-deeds to be merely waste paper--that in fact you have no more t.i.tle to Yatton than I have--he would not, if he were to stop there, have advanced his own case an inch; he must _first_ establish in himself a clear and independent t.i.tle; so that you are entirely on the defensive; and rely upon it, that though never so many screws may be loose, so acute and profound a lawyer as the Attorney-General will impose every difficulty on our opponents"----

"Nay, but G.o.d forbid that any unconscientious advantage should be taken on my behalf!" said Mr. Aubrey. Mr. Runnington and Mr. Parkinson both opened their eyes pretty wide at this sally; the latter could not at first understand why _everything_ should not be fair in war; the former saw and appreciated the n.o.bility of soul which had dictated the exclamation.

"I suppose the affair will soon become public," said Mr. Aubrey, with an air of profound depression, after much further conversation.

"Your position in the county, your eminence in public life, the singularity of the case, and the magnitude of the stake--all are circ.u.mstances undoubtedly calculated soon to urge the affair before the notice of the public," said Mr. Runnington.

"What disastrous intelligence to break to my family!" exclaimed Mr.

Aubrey, tremulously. "With what fearful suddenness it has burst upon us!

But something, I suppose," he presently added with forced calmness, "must be done immediately?"

"Undoubtedly," replied Mr. Runnington. "Mr. Parkinson and I will immediately proceed to examine your t.i.tle-deeds, the greater portion of which are, I understand, here in the Hall, and the rest at Mr.

Parkinson's; and prepare, without delay, a case for the opinion of the Attorney-General, and also of the most eminent conveyancers of the kingdom. Who, by the way," said Mr. Runnington, addressing Mr.

Parkinson--"who was the conveyancer that had the abstracts before him, on preparing Mr. Aubrey's marriage-settlement?"

"Oh, you are alluding to the '_Opinion_' I mentioned to you this evening?" inquired Mr. Parkinson. "I have it at my house, and will show it you in the morning. The doubt he expressed on one or two points gave me, I recollect, no little uneasiness--as _you_ may remember, Mr.

Aubrey."

"I certainly do," he replied with a profound sigh; "but though what you said reminded me of something or other that I had heard when a mere boy, I thought no more of it. I think you also told me that the gentleman who wrote the opinion was a nervous, fidgety man, always raising difficulties in his clients' t.i.tles--and one way or another, the thing never gave me any concern--scarcely ever even occurred to my thoughts, till to-day! What infatuation has been mine!--But you will take a little refreshment, gentlemen, after your journey?" said Mr. Aubrey, suddenly, glad of the opportunity it would afford him of reviving his own exhausted spirits by a little wine, before returning to the drawing-room. He swallowed several gla.s.ses of wine without their producing any immediately perceptible effect; and the bearers of the direful intelligence just communicated to the reader, after a promise by Mr. Aubrey to drive over to Grilston early in the morning, and bring with him such of his t.i.tle-deeds as were then at the Hall, took their departure; leaving him outwardly calmer, but with a fearful oppression at his heart. He made a powerful effort to control his feelings, so as to conceal, for a while at least, the dreadful occurrence of the evening. His countenance and constrained manner, however; on re-entering the drawing-room, which his mother, attended by Kate, had quitted for her bedroom--somewhat alarmed Mrs. Aubrey; but he easily quieted her--poor soul!--by saying that he certainly _had_ been annoyed--"excessively annoyed"--at a communication just made to him; "and which might, in fact, prevent his sitting again for Yatton." "Oh, _that's_ the cause of your long stay? There, Doctor, am I not right?"

said Mrs. Aubrey, appealing to Dr. Tatham. "Did I not tell you that this was something connected with politics? Oh, dearest Charles--I do _hate_ politics! Give _me_ a quiet home!" A pang shot through Mr. Aubrey's heart; but he felt that he had, for the present, succeeded in his object.

Mr. Aubrey's distracted mind was indeed, as it were, buffeted about that night on a dark sea of trouble; while the beloved being beside him lay sleeping peacefully, all unconscious of the rising storm! Many times, during that dismal night, would he have risen from his bed to seek a momentary relief by walking to and fro, but that he feared disturbing her, and disclosing the extent and depth of his distress. It was nearly five o'clock in the morning before he at length sank into sleep; and of one thing I can a.s.sure the reader, that however that excellent man might have shrunk--and shrink he did--from the sufferings which seemed in store, not for himself only, but for those who were far dearer to him than life itself, he did not give way to one repining or rebellious thought. On the contrary, his real frame of mind, on that trying occasion, may be discovered in one short prayer, which his agonized soul was more than once on the point of expressing aloud in words--"Oh, my G.o.d! in my prosperity I have endeavored always to acknowledge thee; forsake not me and mine in our adversity!"

At an early hour in the morning Mr. Aubrey's carriage drew up at Mr.

Parkinson's door; and he brought with him, as he had promised, a great number of t.i.tle-deeds and family doc.u.ments. On these, as well as on many others which were in Mr. Parkinson's custody, that gentleman and Mr.

Runnington were anxiously engaged during almost every minute of that day and the ensuing one; at the close of which, they had between them drawn up the rough draft of a case, with which Mr. Runnington set off for town by the mail; undertaking to lay it immediately before the Attorney-General, and also before one or two of the most eminent conveyancers of the day, effectually commended to their best and earliest attention. He pledged himself to transmit their opinions, by the very first mail, to Mr. Parkinson; and both of those gentlemen immediately set about active preparations for defending the ejectment.

The "eminent conveyancer" fixed upon by Messrs. Runnington and Parkinson was Mr. Tresayle, whose clerk, however, on looking into the papers, presently carried them back to Messrs. Runnington, with the startling information that Mr. Tresayle had, a few months before, "advised on the other side!" The next person whom Mr. Runnington thought of, was--singularly enough--Mr. Mortmain, who, on account of his eminence, was occasionally employed, in heavy matters, by the firm. _His_ clerk, also, on the ensuing morning returned the papers, a.s.signing a similar reason to that which had been given by Mr. Tresayle's clerk! All this formed a direful corroboration, truly, of Messrs. Quirk and Gammon's a.s.surance to Mr. Runnington, that they had "had the first conveyancing opinions in the kingdom;" and evidenced the formidable scale on which their operations were being conducted. There were, however, other "eminent conveyancers" besides the two above mentioned; and in the hands of Mr. Mansfield, who, with a less extended reputation, but an equal practice, was a far abler man, and a much higher style of conveyancer, than Mr. Mortmain, Mr. Runnington left his client's interests with the utmost confidence. Not satisfied with this, he laid the case also before Mr. Crystal, the junior whom he had already retained in the cause--a man whose lucid understanding was not ill indicated by his name. Though his manner in court was not particularly forcible or attractive, he was an invaluable acquisition in an important cause. To law he had for some twenty years applied himself with unwearying energy; and he consequently became a ready, accurate, and thorough lawyer, equal to all the practical exigencies of his profession. He brought his knowledge to bear on every point presented to him, with beautiful precision. He was equally quick and cautious--artful to a degree--But I shall have other opportunities of describing him; since on him, as on every working junior, will devolve the real conduct of the defendant's case in the memorable action of _Doe on the demise of t.i.tmouse_ v. _Roe_.

As Mr. Aubrey was driving home from the visit to Mr. Parkinson, which I have just above mentioned, he stopped his carriage and alighted, on entering the village, because he saw Dr. Tatham coming out of Williams's cottage, where he had been paying a visit to poor dying Phbe.

The little doctor was plunthering on, ankle-deep in snow, towards the vicarage, when Mr. Aubrey (who had sent home his carriage with word that he should presently follow) came up with him, and greeting him with unusual fervor, said that he would accompany him to the vicarage.

"You are in very great trouble, my dear friend," said the doctor, seriously--"I saw it plainly last night; but of course I said nothing.

Come in with me! Let us talk freely with one another; for, _as iron sharpeneth iron, so doth the countenance of a man his friend_. Is it not so?"