Ten Thousand a-Year Volume Ii Part 3

"If your Lords.h.i.+p pleases," he commenced, slowly rising and bowing--"in a case of DOE on the Demise of t.i.tMOUSE against JOLTER, tried before your Lords.h.i.+p at the last a.s.sizes for the county of York, I have humbly to move your Lords.h.i.+p 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 s.h.i.+pping 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. _t.i.tmouse_ 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. t.i.tmouse--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 ent.i.tled to those rents, &c., the non-payment of which might have entailed upon him the most serious embarra.s.sments! During the same interval, poor Mr. t.i.tmouse, 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. t.i.tmouse, 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 p.r.o.nounced 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 t.i.tmouse 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 p.r.o.nounce. 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 Lords.h.i.+p 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 doc.u.mentary 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 inc.u.mbent 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 p.r.o.nounced, 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 pa.s.sed 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 dest.i.tution! 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 a.s.sure 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 Yorks.h.i.+re 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 pa.s.sed. Poor Aubrey sighed; and felt as if circ.u.mstances 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 impa.s.sable 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 s.p.a.cious 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 circ.u.mstances. 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 hara.s.s 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. t.i.tmouse, 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 Stewards.h.i.+p 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 G.o.d 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 accomplis.h.i.+ng _His_ all-wise purposes! Is it for _me_, poor insect! to question the goodness, the wisdom, or the justice of my Maker? I thank G.o.d 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 G.o.d 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 pa.s.sage 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 circ.u.mstances 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 pa.s.sage of holy writ!

With danger surrounding him, with utter ruin staring him in the face, Mr. Aubrey read this pa.s.sage 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 gra.s.s 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. _t.i.tmouse_ 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. t.i.tmouse to the enormous expense, and delay, of a second trial, the issue of which cannot be doubtful; or, with the prompt.i.tude 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 p.r.o.nounced 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 a.s.sault?"