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Ten Thousand a-Year. Volume 2

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"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.

 

CHAPTER III

The result of a very long consultation between Mr. Runnington and his partners, held on the day after his last interview with Mr. Aubrey, was, that he drew up the following draft of a letter, addressed to Messrs. Quirk, Gammon, and Snap:—

"Lincoln's Inn, 26th April 18—.

"Gentlemen:

"Doe d. Titmouse v. Jolter.

"In answer to your letter of yesterday, (the 25th inst.,) we beg to inform you, that after the judgment in this cause pronounced yesterday in the Court of King's Bench, our client, Mr. Aubrey, does not intend to resist the claim of Mr. Titmouse to the residue of the Yatton property. We now, therefore, beg to give you notice, that on the 17th of next month you will be at liberty, on behalf of your client, Mr. Titmouse, to take possession of all the property at Yatton, at present in the possession of Mr. Aubrey. The whole of the last quarter's rents, due at Ladyday, have been paid into the bank of Messrs. Harley at Grilston, and will, on the day above mentioned, be placed at the disposal of your client.

"We are also instructed to request the delivery of your bill at as early a period as may suit your convenience, with a view to its immediate examination and settlement.

"We cannot forbear adding, while thus implicitly following the instructions of our client, our very great surprise and regret at the course which he has thought fit to adopt; since we have the strongest reasons for believing, that had he been disposed to contest your client's claim farther, in accordance with advice received from a high quarter, his case would have been materially strengthened, and your difficulties greatly increased, and rendered, in fact, absolutely insuperable. We feel confident that the magnanimity displayed by our client, will be duly appreciated by yours.

"We are, Gentlemen, your obedient servants,

"Runnington & Co.

"Messrs. Quirk, Gammon, & Snap."

"Really," said Mr. Runnington, when he had read over the above to his partners, "I must throw in a word or two about those accursed mesne profits—yet it's a very ticklish subject, especially with such people as these—eh?"

One partner shook his head, and the other looked very thoughtful.

"We must not compromise Mr. Aubrey," said the former of the two.

"We have had no instructions on that point," said the latter,—"on the contrary, you told us yourself that your instructions were to announce an unconditional surrender."

"That may be; but in so desperate a business as this, I do think we have a discretion to exercise on behalf of himself and family, which I must say, he seems quite incapable of exercising himself. Nay, upon my honor, I think we are bound not to forego the slightest opportunity of securing an advantage for our client in this unrighteous claim!"

His partners seemed struck with his observation; and Mr. Runnington, after a few moments' consideration, added the following postscript:—

"P. S.—As to the mesne profits, by the way, of course we anticipate no difficulty in effecting an amicable arrangement satisfactory to both parties, due consideration being had for the critical position in which our client finds himself placed so suddenly and unexpectedly. Indeed, it is not difficult to conceive that Mr. Aubrey, in taking the step of which we have above advised you, must have contemplated"–(here Mr. Runnington paused for a considerable time,) "being met in a similar frank, liberal, and equitable spirit."

It was agreed, at length, that the whole amount and effect of the above postscript ought to be regarded as a spontaneous suggestion of Messrs. Runnington, not in any way implicating, or calculated in any event to annoy, Mr. Aubrey; and a fair copy of the letter and postscript having been made, it was signed by the head of the firm, and forthwith despatched to Saffron Hill.

"Struck, by Jove, Gammon!" exclaimed Mr. Quirk, as, with the above letter open in his hands, he hurried, the instant after he had read it, into the room of his wily partner, and threw it down exultingly before him. Gammon read it with apparent calmness, but a slight flush overspread his cheek; and, as he finished the perusal, a subdued smile of excitement and triumph stole over his acute and placid countenance.

"Lord, Gammon! isn't it glorious?" quoth Mr. Quirk, heatedly, rubbing his hands together; "give us your hand, friend Gammon! We've fought a precious hard battle together"—and he shook his partner's hand with vehement cordiality. "This fellow Aubrey is a trump—isn't he?—Egad, if I'd been in his shoes—one way or another, I'd have stuck at Yatton for a dozen years to come—ah, ha!"

"Yes, I am sure you would—if you had been able," replied Gammon, dryly, and with a smile—the real character of which was not perceived by Mr. Quirk.

"Ay, that I would," replied he, with a triumphant chuckle—"but now to come to business. By next quarter-day Titmouse will have £5,000 in hard cash—half of it on the 17th of next month.—Lord! what have we done for him!" he added with a sort of sigh.

"We've put an ape into possession of Paradise—that's all"—said Gammon, absently and half aloud, and bitterly and contemptuously.

"Humph!—what of that?" said Mr. Quirk—"It answers our purposes, at any rate! By the way, Gammon, you see what's said about our bill—eh? The sooner it's made out the better, I should say—and—ahem! hem!—while Mr. Aubrey's on the tight rope he won't think of looking down at the particular items, will he? I should say, now's our time; and we should strike while the iron's hot! I've got rather a stiff entry, I can assure you. I must say Snap's done his duty; and I've not had my eyes shut—or my pen idle! You know one must live in these hard times—eh?" Here Mr. Quirk winked very knowingly.

"You must not overdo it, Mr. Quirk—but all that I leave, as usual, to your admirable management, as to that of a first-rate man of business. You know I'm a sad hand at accounts; but you and Snap are perfect adepts—in short, I'm satisfied you'll do all that should be done."

"Ay, ay, trust us!" interrupted Quirk, quickly, with a significant nod, and fancying himself and Snap already at work, plundering the poor Aubreys. "And, by the way, Gammon, there are the mesne profits—that's a mighty fine postscript of theirs, isn't it?" and replacing his spectacles, he read it over aloud. "All my eye, of course!" he added, as he laid down the letter—"but I suppose one must give 'em a little time; it is a little hard on him just at present; but then, to be sure, that's his look-out—not ours, or Titmouse's!—Off-hand, I should say we ought to be content with—say—twenty thousand down, and the rest within two years, so as to give him time to look about him a little"–

"That will be quite an after consideration," said Mr. Gammon, who, for the last few minutes, had appeared lost in thought.

"Egad—an after consideration? Hang me if I think so, Gammon! There's a certain bond—eh? don't you recollect"–

"I assure you, Mr. Quirk, that my eye is fixed quite as steadily and anxiously on that point as yours," said Gammon, gravely.

"Thank you—thank you, Gammon!" replied Quirk, with the air of a man suddenly relieved from apprehension—"it couldn't possibly be in better hands. Lud—to go wrong there! It would send me to my grave at a hand gallop—it would, so help me Heaven, Gammon!—Titmouse—by the way—is a queer hand to deal with—isn't he? Wasn't he strange and bumptious the other day? Egad, it made me quake! Need we tell him, just yet," he dropped his voice, "of the letter we've got? Couldn't we safely say only that they have sent us word that we shall have Yatton by the 17th of next month?"

"Very great caution is necessary, Mr. Quirk, just now"–

"You don't think the young scamp's going to turn round on us, and snap his fingers in our face, eh?" inquired Mr. Quirk, apprehensively, violently twirling about his watch-key.

"If you leave him implicitly to me, you shall get all you want," replied Gammon, very gravely, and very pointedly. Quirk's color changed a little, as he felt the keen gray eye of Gammon fixed upon him, and he involuntarily shrank under it.

"You'll excuse me, Gammon," at length said he, with rather a disturbed air; "but there's no fathoming you, when you get into one of your mysterious humors; and you always look so particularly strange whenever we get on this subject! What can you know that I don't—or ought not to know?"

"Nothing—nothing, I assure you," replied Gammon, with a gay smile.

"Well, I should have thought not. But, coming back to the main point, if one could but touch some part of that same ten thousand pounds, I should be a happy man!—Consider Gammon, what a draught there has been on my purse for this last sixteen months! Ecod!—the sleepless nights it has cost me!"

"Well, can you doubt being soon richly repaid, my dear sir? Only don't be too hasty."

"I take it, Gammon, we've a lien on the rents now in the banker's hands, and to become due next quarter-day, and on the first instalment of the mesne profits, both for our bill of costs, and in respect of that same bond?"

"Mesne profits, Mr. Quirk?" echoed Gammon, rather quickly; "you seem to take it for granted that they are all ready to be paid over! Even supposing Titmouse not to grow restive, do you suppose it probable that Mr. Aubrey, after so vast and sudden a sacrifice, can have more than a very few thousands—probably hundreds—to keep him and his family from immediate want, since we have reason to believe he has got no other resources than Yatton?"

"Not got 'em—not got 'em? D—n him! then he must look sharp and get 'em, that's all! You know we can't be trifled with; we must look after the interests of—Titmouse. And what's he to start with, if there's no mesne profits forthcoming? But, hang it! they must; I should say a gentle pressure, by-and-by, as soon as Aubrey's fairly got out of Yatton, must produce money, or security—he must know quantities of people of rank and substance that would rush forward, if they once heard him squeal"–

"Ah, you're for putting the thumbscrews on at once—eh?" inquired Gammon, with subdued energy, and a very strange sort of smile.

"Ay—capital—that's just what I meant!"—quoth Quirk.

"Eugh! you heartless old reprobate!" thought Gammon, nearly on the point of expressing as much; but his momentary excitement passed off unobserved by Mr. Quirk. "And, I must say, I agree with you," added Gammon, calmly, "we ought in justice to see you first reimbursed your very heavy outlays, Mr. Quirk."

"Well, that's honorable, Gammon.—Oh, Gammon, how I wish you would let me make a friend of you!" suddenly added Mr. Quirk, eying wistfully his surprised companion.

"If you have one sincere, disinterested friend in the world, Mr. Quirk, I am he," said Mr. Gammon, throwing great warmth into his manner, perceiving that Mr. Quirk was laboring with some communication of which he wished to deliver himself.

7Note 7. Page 49.
8Note 8. Page 54. It might be inferred, from a somewhat loose statement in an English law treatise, that in a case like that of Mr. Aubrey—viz. of possession of property in entire ignorance that it belonged to another—a Court of Equity would protect against the rightful owner's claim for the mesne profits. Such, however, is by no means the case. Mr. Titmouse had recovered at law—by the superior strength of his title, and without requiring any assistance whatever from a Court of Equity; the mesne profits, therefore, were absolutely his—and any interference, by a Court of Equity, to deprive him of them, would have been an act of direct spoliation. Such a notion, therefore, is utterly destitute of foundation. If Mr. Titmouse had been compelled to seek the assistance of a Court of Equity in order to prosecute his claim, and had clearly been guilty of negligence or fraud; it is possible that some terms might have been imposed upon him, with reference to the mesne profits to be wrung from his comparatively-speaking innocent opponent—but even then, it is conceived that Equity would be very slow and jealous in exercising such a stretch of power. The Roman law took a different view of the subject, regarding him—qui justas causas habuisset quare bona ad se pertinere existimasset, (Dig. Lib. v. Tit. iii. 1, 20, &c.)—with great leniency, and exempting him from payment of mesne profits accrued previous to the action. According to the law of Scotland, a bonâ fide possessor evicted (i. e. turned out) by a person having a better right, is entitled to retain the fruits or profits (called "violent profits") which he may have reaped or received during his bonâ fide possession. It would seem, however, that this doctrine is based not solely upon the bonâ fide ignorance of the ousted party, but upon the concurring negligence and delay of his victorious opponent.
9Note 9. Page 58. It is by no means a matter of course, to apply for and obtain this nominal appointment, which occasions ipso facto the vacating a seat in Parliament. It is a matter of discretion with the Chancellor of the Exchequer; and he has refused it during the present session [1844] to several applicants.