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--
"In the reproof of chance
Lies the true proof of men. The sea being smooth
How many shallow bauble boats dare sail
Upon her patient breast, making their way
With those of nobler bulk?
But let the ruffian Boreas once enrage
The gentle Thetis, and, anon, behold
The strong-ribb'd bark through liquid mountains cut,
Bounding between the two moist elements
Like Perseus' horse; where's then the saucy boat,
Whose weak untimber'd sides but even now
Co-rivall'd greatness? Either to harbor fled,
Or made a toast for Neptune!--Even so,
Doth valor's show, and valor's worth divide,
In storms of fortune."[3]
'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.