THE COGNOVIT.

Perker, it has been shown, was not a very brilliant solicitor, and his

views on the trial were somewhat cloudy. When he was urging his client

to leave the Fleet he threw out some equally shadowy and ill-informed

notions as to what might be done in the way of punishing the nefarious

solicitors, Dodson and Fogg, "those Freeman's Court Sharks."

His great charge was that they had got a _cognovit_, or undertaking to

pay their costs out of Mrs. Bardell--their own client! Mr. Pickwick

refused to pay them--why should not she? The poor woman had "blabbed" to

Sam, a careless and natural assurance of theirs, that they would be

content to get them from Mr. Pickwick--a thing many a firm would do. But

Perker here sees a regular conspiracy. "I cannot undertake to say

whether the wording of the cognovit, the nature of the ostensible

consideration and the proof we can get together about the whole conduct

of the suit, _will be sufficient to justify an indictment for

conspiracy_."

It is impossible to understand this bit of legal jargon. "The wording of

the cognovit"--one could speculate on _that_ without seeing it. (2) "The

nature of the ostensible consideration" was not far to seek--it being

work and labour done for the Plaintiff. And again, supposing they had

promised her to get them solely from Mr. Pickwick--Sam's revelation of

this, in open court, and its reception with laughter, showed what was

thought of it. So which of the two courses were they to adopt? (3) And

"the proof we may get together about the whole conduct of the suit."

This "whole conduct" was perfectly regular. So the Judge thought--so did

the jury. The case was proved by Pickwick's own friends. As we know,

however, the firm took no steps to obtain satisfaction, but there cannot

be the slightest doubt that they would have "recovered damages." We

doubt if Mr. Pickwick would have gone to the Fleet for the second time

rather than pay.

Perker's suspicions as to the _Cognovit_ obtained by Dodson and Fogg were

shrewd, and certain enough, though he could not have seen the document.

The suspicions were well warranted by the state of the Law, which became

an instrument in the hands of grasping attorneys. By it the client was

made to sign an acknowledgment, and offering no defence to a supposed

action,--say for costs--brought against him, Judgment was then marked.

This offered a great temptation to the unscrupulous. Mrs. Bardell, no

doubt, signed with light heart, not knowing what she was doing, and being

told that it was merely a matter of form. Various enactments attempted

to protect the client--one being passed some four or five years before

the trial Bardell v. Pickwick, requiring the _Cognovit_ to be regularly

filed within twenty-one days; more than ten years later it was required,

that the client's signing such a thing should have no force in Law,

unless he was represented by another solicitor.

The matter, as we know, was compromised with Dodson and Fogg, so there

was no need to scrutinize the _Cognovit_. No doubt Perker was enabled to

put pressure on the firm by hinting at such proceedings.

The damages, 750 pounds, were certainly moderate, and would not have been

reduced by the Court on an application to set them aside as "excessive."

The good woman was quite at her ease, being no doubt certain that Mr.

Pickwick, at last, must give in. She could even enjoy the society of her

friends and make the celebrated junketting to the "Spaniards." The firm

took another view and grew tired of waiting; or they were sagacious

enough to see that the arrest of their client was about the best method

of putting pressure on Mr. Pickwick. In this connection, it may be noted

that Jackson's over zeal in the transaction might have led to an action

against his employers; for he arrested not only Mrs. Bardell, but her

friends, Mrs. Sanders and Mrs. Cluppins. The prison gates were actually

shut on them. "Safe and sound," said the Bailiff. "Here we are at

last," said Jackson, "all right and tight."

True, Mrs. Bardell put under her hand in her appealing letter to Mr.

Pickwick, that "this business was from the very first fomented and

encouraged and brought about by these men," but this is not much; for the

view only occurs to her when her operations had completely failed and

recoiled on her own head with such disastrous result. The firm's

business was to persuade her that she had a good case, and the Jury's

verdict proved that she had. Had Mr. Pickwick given in and paid, she

would have had no scruples. One cannot, at the same time, but admire the

ingenuity of the author, in bringing such a Nemesis on her. Dodson and

Fogg, we are told, "continue in business from which they realise a large

income, and in which they are universally considered among the sharpest

of the sharp."

At the last interview, at Perker's, when the costs were paid, one might

have expected Mr. Pickwick to behave with a certain disdainful dignity.

He was beaten and had paid over the stakes, and could afford to treat his

enemy with contempt. Not so. The partners held out the olive branch by

alluding to the way they had passed by his unmannerly attacks on them.

"I beg to assure you, sir, I bear you no ill will or vindictive feeling

for sentiments you thought proper to express of us in our office," and

the other partner said, "I hope you don't think quite so ill of us, etc."

This was rather gentlemanly and becoming. One offered his hand. But Mr.

Pickwick broke out in a perfect fury. They had assumed a tone of

forgiveness which was "an excess of impudence." He had been "the victim

of their plots and conspiracies." They had imprisoned and robbed him.

It was "insolent familiarity." At last he said, "_You are a well-matched

pair of mean_, _rascally_, _pettifogging robbers_." This sentence he

repeated three times, and the words "Robbers" he shouted after them many

times over the stairs.

Sharping attornies! Why, a real sharping firm would have forced from

their client advances of fee, "cash out of pocket," have made her give a

Bill of Sale on her lease and goods, and have fairly stripped her of

everything before the case began. Of the damages--had they got them--she

would have seen but little.

The _Cognovit_ that was extracted from Mrs. Bardell was an

acknowledgement, as we have seen, which entitled them to enter up

judgment just as if a trial had taken place. In the Oxford great

Dictionary, it reads quaintly to find Mrs. Bardell's cognovit quoted as

an illustration of the legal meaning.

The Turnkey, on her arrest, had told Sam that she had been brought to the

Fleet, "on a Cognovit for costs," Sam imparted this news to Job Trotter,

and sent him off, hot foot, to Perker in Montague Place. This outcast,

was able to tell him, "it seems they got a _Cognovit_ out of her for the

amount of the costs, directly after the trial!"

Boz, on this occasion, gives us a happy glimpse of Solicitor life.

Mr. Perker had a dinner party that day, which was certified by the

lights in the drawing-room windows, the sound of an improved grand

piano, and an improveable cabinet voice issuing therefrom; and a

rather overpowering smell of meat which prevaded the steps and entry.

In fact, a couple of very good country agencies happening to come up

to town at the same time, an agreeable little party had been got

together to meet them, comprising Mr. Snicks the Life Office

Secretary, Mr. Prosee the eminent counsel, three solicitors, one

commissioner of bankrupts, a special pleader from the Temple, a

small-eyed peremptory young gentleman, his pupil, who had written a

lively book about the law of demises, with a vast quantity of

marginal notes and references; and several other eminent and

distinguished personages. From this society little Mr. Perker

detached himself on his clerk being announced in a whisper; and

repairing to the dining-room, there found Mr. Lowten and Job Trotter

looking very dim and shadowy by the light of a kitchen candle, which

the gentleman who condescended to appear in plush shorts and cottons

for a quarterly stipend, had, with a becoming contempt for the clerk

and all things appertaining to 'the office,' placed upon the table.

'Now Lowten,' said little Mr. Perker, shutting the door, 'what's the

matter? No important letter come in a parcel, is there?'

Do we not seem to be present? We can never pass by Russell Square

without calling up the scene. Note, too, the components of that legal

dinner. Poor Sir F. Lockwood used to declare that he relished "Mr.

Prosee, the eminent counsel," more than any one of Boz's legal circle.

Yet these five words are all we know of him. But Sir Frank had

imagination, and like some of us could read between the lines, or rather,

between the words. Here was a prominent member of the Bar--was he K.C.?

a triton among the minnows--therefore heading the table, listened to with

reverence as he told of the judges, possibly of "old Stareleigh's" last

exhibition of petulance--"with it's high time for him to go, etc." But

if he had not silk, why did not Perker retain him instead of the

incapable Phunky, whom he did _not_ ask on this occasion. "I gave the

chap a good chance, but he destroyed my whole case!" "Catch me letting

him put his legs under my mahogany." Among the guests was that

"small-eyed, peremptory young gentleman"--the special pleader's pupil.

What a capital sketch has Boz given of him. "He had written a _lively_

book about the law of demises, with a vast quantity of marginal notes and

references." He had come with his teacher, who was no doubt highly

deferental to Mr. Prosee, but enough, the peremptory young gentleman may

have partly "tackled" the great man on some point of practice. The good

country agencies must have gone home delighted with their evening.

But Mr. Prosee may be brought into somewhat closer communication with the

case. At Perker's dinner the gentlemen had gone up to the drawing room,

when Perker was called down to hear the news of Mrs. Bardell's arrest.

Mr. Prosee was left expatiating to the circle on some beautiful "point,"

and when Perker returned how likely that he should tell of his

extraordinary client who had preferred to go to prison rather than pay

the costs of a suit, "and here," he would go on, "is the drollest sequel

you ever heard, &c."

"An odd unusual thing," Mr. Prosee would say. "Plaintiff and Defendant,

both in jail together! I never heard the like." There would be much

laughter at the novel situation. Thus the _cognovit_ would come up and

Mr. Prosee gravely say, "nothing will be done till an Act of Parliament

is passed. The client should be protected by a fresh solicitor." On

which the young author of the treatise on Demises would have something to

say in his best fashion; for the _cognovit_ might be taken to be a sort

of demise. "I doubt Mr. Prosee, if your suggestion would work. As I

take it, sir, etc."

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