Ten Thousand a-Year. Volume 2

CHAPTER II

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Up rose, thereupon, the Solicitor-General.

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

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

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

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

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