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remember, from the two former actions, that it is for damages on account of two geese of defendant having been found on a few yards of Chatmoss belonging to the plaintiff. Defendant now contends that he is entitled to common, par cause de vicinage. Qu. Can this be shown under a plea of leave and license?-About two years ago, also, a pig belonging to plaintiff got into defendant's flower-garden, and did at least L.3 worth of damage -Can this be in any way set off against the present action? There is no hope of avoiding a third trial, as the parties are now more exasperated against each other than before; and the expense (as at least fifteen witnesses will be called on each side) will amount to upwards of L.250.- You had better retain Mr Cacklegander. "Re. Lords Oldacre and De la Zouch.
"Are the deeds herein engrossed? As it is a matter of magnitude, and the foundation of extensive and permanent family arrangements, pray let the greatest care be taken to secure accuracy. Please take special care of the stamps "
Thus far had the worthy writer proceeded with his letter, when Waters made his appearance, delivering to him the declaration in ejectment which had been served upon old Jolter, and also the instructions concerning it which had been given by Mr Aubrey. After Mr Parkinson had asked particularly concerning Mr Aubrey's health, and what had brought him so suddenly to Yatton, he cast his eye hastily over the Declaration' and at once came to the same conclusion concerning it which had been arrived at by Waters and Mr Aubrey, viz. that it was another little arrow out of the quiver of the litigious Mr Tomkins. As soon as Waters had left, Mr Parkinson thus proceeded to conclude his letter::--
"Doe dem. Titmouse v. Roe. "I enclose you Declaration herein, served yesterday. No doubt it is the disputed slip of waste land adjoining the cottage of old Jacob Jolter, a tenant of Mr Aubrey of Yatton, that is sought to be recovered. I am quite sick of this petty annoyance, as also is Mr Aubrey, who is now down here. Please call on Messrs Quirk, Gammon,
This letter, lying among some twenty or thirty similar ones on Mr Runnington's table, on the morning of its arrival in town, was opened in its turn; and then, in like manner, with most of the others, handed over to the managing clerk, in order that he might enquire into and report upon the state of the various matters of business referred to. As to the last item in Mr Parkinson's letter, there seemed no particular reason for hurrying; so two or three days had elapsed before Mr Runnington, having some other little business to transact with Messrs Quirk, Gammon, and Snap, bethought himself of looking at his Diary to see if there was not something else that he had to do with them. Putting, therefore, the Declaration in Doe d. Titmouse v. Roe into his pocket, it was not long before he was at the office in Saffron Hill-and in the very room in it which had been the scene of several memorable interviews between Mr Tittlebat Titmouse and Messrs Quirk, Gammon, and Snap. I shall not detail what transpired on that occasion between Mr Runnington and Messrs Quirk and Gammon, with whom he was closeted for nearly an hour. quitting the office his cheek was flushed, and his manner somewhat excited. After walking a little way in a moody manner, and with slow step, he suddenly jumped into a hackney-coach, and within a quarter of an hour's time
had secured a Tallyho coach, at two o'clock
inside place in the which started for York that afternoon-much doubting within himself, the while, whether he ought not to have set off at once in a post-chaise and four. He then made one or two calls in the Temple; and, hurrying home to the office, made hasty arrangements for his sudden journey into Yorkshire. He was a calm and experienced man -in fact, a first-rate man of business; and you may be assured that this rapid and decisive movement of his had been the result of some very startling disclosure made to him by Messrs Quirk and Gammon.
Now, let us glide back to the delightful solitude which we reluctantly quitted so short a time ago.
Mr Aubrey was a studious and ambitious man; and in acceding so readily to the wishes of his wife and sister, to spend the Christmas recess at Yatton, had been not a little influenced by one consideration, which he had not thought it worth while to mention-namely, that it would afford him an opportunity of addressing himself with effect to a very important and complicated question, which was to be brought before the House shortly after its re-assembling, and of which he then knew scarcely any thing at all. For this purpose he had had a quantity of Parliamentary papers, &c. &c. &c., packed up and sent down by coach; and he quite gloated over the prospect of their being duly deposited upon his table, in the tranquil leisure of his library, at Yatton. But quietly as he supposed all this to have been managed, Mrs Aubrey and Kate had a most accurate knowledge of his movements; and resolved within themselves, (being therein comforted and assisted by old Mrs Aubrey,) that, as at their instances Mr Aubrey had come down to Yatton, so they would take care that he should have not merely nominal, but real holidays. Unless he thought fit to rise at an early hour in the morning, (which Mrs Aubrey, junior, took upon herself to say she would take care should never be the case,) it was decreed that he should not be allowed to waste more than two hours a-day alone in his library. 'Twas therefore in vain for him to sit at breakfast with eye aslant and thought laden brow, as if meditating a long day's seclusion:
somehow or another, he never got above an hour to himself. He was often momentarily petulant on these occasions, and soon saw through the designs of his enemies; but he so heartily and tenderly loved them-so thoroughly appreciated the affection which dictated their little manœuvres
that he soon surrendered at discretion, and, in fact, placed himself almost entirely at their mercy; resolving to make up for lost time on his return to town; and earnestly hoping that the interests of the nation would not suffer in the mean while. In short, the ladies of Yatton had agreed on their line of operations: that almost every night of their stay in the country should be devoted either to entertaining their neighbours or visiting them; and, as a preparatory movement, that the days (weather permitting) should be occupied with exercise in the open air; in making "morning" calls on neighbours at several miles' distance from the Hall, and from each other; and from which they generally returned only in time enough to dress for dinner. As soon, indeed, as the leading county paper had announced the arrival at Yatton of "Charles Aubrey, Esq., M. P., and his family, for the Christmas recess," the efforts of Mrs and Miss Aubrey were most powerfully seconded by a constant succession of visiters-by
as the lodge-keeper could have testi. fied; for he and his buxom wife were continually opening and shutting the great gates. On the Monday after Christmas-day, (i. e. the day but one following,) came cantering up to the Hall Lord De la Zouch and Mr Delamere, of course staying to lun cheon, and bearing a most pressing invitation from Lady De la Zouch, zealously backed by themselves, for the Aubreys to join a large party at Fotheringham Castle on New-Year's eve. This was accepted-a day and a night were thus gone at a swoop. The same thing happened with the Oldfields, their nearest neighbours; with Sir Percival Pickering at Luthington Court, where was a superb new picture-gallery to be critically inspected by Mr Aubrey; the Earl of Oldacre, a college friend of Mr Aubrey's-the venerable Lady Stratton,
the earliest friend and schoolfellow of old Mrs Aubrey, and so forth. Then Kate had several visits to pay on her own account; and, being fond of horseback, she did not like riding about the country with only a groom in attendance on her; so her brother must accompany her on these occasions. The first week of their stay in the country was devoted to visiting their neighbours and friends in the way I have stated; the next was to be spent in receiving them at Yatton, during which time the old hall was to ring with merry hospitality.
Then there was a little world of other matters to occupy Mr Aubrey's attention, and which naturally crowded upon him, living so little at Yatton as he had latterly. He often had a kind of levee of his humbler neighbours, tenants, and constituents; and on these occasions his real goodness of nature, his simplicity, his patience, his forbearance, his sweetness of temper, his benevolence, shone conspicuous. With all these more endearing qualities, there was yet a placid dignity about him that chilled undue familiarity, and repelled presumption. He had here no motive or occasion for ostentation, or, as it is called, popularity-hunting. In a sense it might be said of him, that he was "monarch of all he surveyed." It is true, he was member for the borough-an honour, however, for which he was indebted to the natural influence of his commanding position-one which left him his own master, not converting him into a paltry delegate, handcuffed by pledges on public questions, and laden with injunctions concerning petty local interests only-liable, moreover, to be called to an account at any moment by ignorant and insolent demagogues-but a member of Parliament training to become a statesman, possessed of a free will, and therefore capable of independent and enlightened deliberations; placed by his fortune above the reach of temptation--but I shall not go any further, for the portraiture of a member of Parliament of those days suggests such a humiliating and bitter contrast, that I shall not ruffle either my own or my reader's temper by touching it any further. On the occasions I have been alluding to, Mr Aubrey was not only condescending and generous, but practically acute and dis
criminating qualities of his, these latter, so well known, however, as to leave him at length scarce any opportunities of exercising them. His quiet but decisive interference put an end to a number of local unpleasantnesses and annoyances, and caused his increasing absence from Yatton to be very deeply regretted. Was a lad or a wench taking to idle and dissolute courses? A kind, or, as the occasion required, a stern expostulation of hisfor he was a justice of the peace moreover-brought them to their senses. He had a very happy knack of reasoning and laughing quarrelsome neighbours into reconciliation and good-humour. He had a very keen eye after the practical details of agriculture; was equally quick at detecting an inconvenience, and appreciating— sometimes even suggesting-a remedy; and had, on several occasions, brought such knowledge to bear very effectively upon discussions in Parliament. His constituents, few in number undoubtedly, and humble, were quite satisfied with and proud of their member; and his unexpected appearance diffused among them real and general satisfaction. As a landlord, he was beloved by his numerous tenantry; and well he might-for never was there so easy and liberal a landlord: he might at any time have increased his rental by £1500 or £2000 a-year, as his steward fre quently intimated to him-but in vain. "Ten thousand a-year," said Mr Aubrey, "is far more than my necessities require-it affords me and my family every luxury that I can conceive of; and its magnitude reminds me constantly that hereafter I shall be called upon to give a very strict and solemn account of my stewardship." I would I had time to complete, as it ought to be completed, this portraiture of a true Christian gentleman!
As he rode up to the Hare and Hounds Inn, at Grilston, one morning, to transact some little business, and also to look in on the Farmer's Club, which was then holding one of its fortnightly meetings, (all touching their hats and bowing to him on each side of the long street as he slowly passed up it,) he perceived one of his horse's feet limp a little. On dis mounting, therefore, he stopped to see what was the matter, while his groom took up the foot to examine it.
of fining him five shillings for every oath he utters."
"What! sir, has he been speaking to you? Well, I never he's the most forward little upstart I ever seed!" said she, dropping her voice; "and the sooner he takes himself off from here the better; for he's always winking at the maids and talking impudence to them. I'se box his ears, I warrant him, one of these times! " Mr Aubrey smiled, and went up stairs.
"Dey-vilish fine horse," exclaimed the voice of one standing close beside him, and in a tone of most disagreeable confidence. The exclamation was addressed to Mr Aubrey; who, on turning to the speaker, beheld a young man'twas Titmouse-dressed in a style of the most extravagant absurdity. One hand was stuck into the hinder pocket of a stylish top coat, (the everlasting tip of a white pocket-handkerchief glistening at the mouth of his breast-pocket;) the other held a cigar to his mouth, from which, as he addressed Mr Aubrey with an air of provoking impudence, he slowly expelled the smoke that he had inhaled. Mr Aubrey bowed with a cold and surprised air, without replying, at the same time wondering where he had seen the ridi culous object before.
"The horses in these parts ar'n't to be compared with them at Londoneh, sir?" quoth Titmouse, approaching closer to Mr Aubrey and his groom, to see what the latter was doing-who, on hearing Titmouse's last sally, gave him a very significant look.
“I'm afraid the people here won't relish your remarks, sir!" replied Mr Aubrey, hardly able to forbear a smile, at the same time calmly scanning the figure of his companion from head to foot.
"Who cares?" enquired Titmouse, with a very energetic oath. At this moment up came a farmer, who, observing Mr Aubrey, made him a very low bow. Mr Aubrey's attention being at the moment occupied with Titmouse, he did not observe the salutation ; not so with Titmouse, who acknowledged it by taking off his hat with great grace! Mr Aubrey followed in to the house, having ordered his groom to bring back the horse in an hour's time. "Pray," said he mildly to the landlady, "who is that person smoking the cigar outside ? ”
"Why, sir, he's a Mr Brown; and has another with him here-who's going up to London by this afternoon's coach-this one stays behind a day or two longer. They're queer people, sir. Such dandies! Do nothing but smoke, and drink brandy and water, sir; only that t'other writes a good deal.'
"Well, I wish you would remind him," said Mr Aubrey, smiling, "that, if he thinks fit to speak to me again, I am a magistrate, and have the power
"There don't seem much wrong," quoth Titmouse to the groom, with a condescending air, as soon as Mr Aubrey had entered the house.
"Much you know about it, I don't guess!" quoth Sam, with a contemptuous smile.
"Who's your master, fellow?”. enquired Titmouse, knocking off the ashes from the tip of his cigar.
"A gentleman. What's yours?"
"Curse your impudence, you vagabond". The words were hardly out of his mouth before Sam, with a slight tap of his hand, had knocked Titmouse's glossy hat off his head, and Titmouse's purple-hued hair stood exposed. to view, provoking the jeers and laughter of one or two bystanders. Titmouse appeared about to strike the groom; who, hastily giving the bridles of his horses into the hands of an ostler, threw himself into boxing attitude; and, being a clean, tight-built, stout young fellow, looked a very formidable object, as he came squaring nearer and nearer to the dismayed Titmouse; and on behalf of the outraged honour of all the horses of Yorkshire, was just going to let fly his one-two, when a sharp tapping at the bowwindow overhead startled him for a moment, interrupting his warlike demonstrations; and, on casting up his eyes, he beheld the threatening figure of his master, who was shaking his whip at him. He dropped his guard, touched his hat very humbly, and resumed his horse's bridles; muttering, however, to Titmouse," If thou'rt a man, come down into t' yard, and I'll make thee think a horse kicked thee, a liar as thou art!"
"Who's that gentleman gone up stairs?" enquired Titmouse of the landlady, after he had sneaked into the inn.
"Squire Aubrey, of Yatton." Tit
mouse's face, previously very pale, flushed all over. "Ay, ay, thou must be chattering to the grand folks, and thou'st nearly put thy foot into 't at last, I can tell thee; for that's a magistrate, and thou'st been a-swearing afore him." Titmouse smiled rather faintly; and entering the parlour, affected to be engaged with a county newspaper; and he remained very quiet for upwards of an hour, not venturing out of the room till he had seen off Mr Aubrey and his formidable Sam.
It was the hunting season; but Mr Aubrey, though he had as fine horses as were to be found in the county, and which were always at the service of his friends, partly from want of inclination, and partly from the delicacy of his constitution, never shared in the sports of the field. Now and then, however, he rode to cover, to see the hounds throw off, and exchange greetings with a great number of his friends and neighbours, on such occasions collected together. This he did the morning after that on which he had visited Grilston, accompanied, at their earnest entreaty, by Mrs Aubrey and Kate. I am not painting angels, but describing frail human nature; and truth forces me to say, that Kate knew pretty well that on such occasions she appeared to no little advantage. I protest I love her not the less for it--but is there a beautiful woman under the sun who is not aware of her charms; and of the effect they produce upon our sex? Pooh! I never will believe to the contrary. In Kate's composition this ingredient was but an imperceptible alloy in virgin gold. Now, how was it that she came to think of this hunting appointment? I do not exactly know; but I recollect that when Lord De la Zouch last called at Yatton, he happened to mention it at lunch, and to say that he and one Geoffrey Lovel Delamere— -but however that may be, behold, on a bright Thursday morning, Aubrey and his two lovely companions made their welcome appearance at the field, all superbly mounted, and most cordially greeted by all present. Miss Aubrey attracted universal admiration; but there was one handsome youngster, his well-formed figure showing to great advantage in his new scarlet coat and spotless cords, that made a point of challenging her special notice,
and in doing so, attracting that of all his envious fellow-sportsmen ; and that was Delamere. He seemed, indeed, infinitely more taken up with the little party from Yatton than with the serious business of the day. His horse, however, had an eye to business; and with erected ears, catching the first welcome signal sooner than its gallant rider, sprung off like light, and would have left its abstracted rider behind, had he not been a first-rate seat. In fact, Kate herself was not quite sufficiently on her guard; and her eager filly suddenly put in requisition all her rider's little strength and skill to rein her in-which having done, Kate's eye looked rather anxiously after her late companion, who, however, had already cleared the first hedge, and was fast making up to the scattering scarlet crowd. Oh, the bright exhilarating scene!
Heigh ho!" said Kate, with a slight sigh, as soon as Delamere had disappeared" I was very nearly off."
"So was somebody else, Kate!" said Mrs Aubrey, with a sly smile.
"This is a very cool contrivance of yours, Kate,-bringing us here this morning," said her brother, rather gravely.
"What do you mean Charles ?" she enquired, slightly reddening. He good-naturedly tapped her shoulder with his whip, laughed, urged his horse into a canter, and they were all soon on their way to General Grim, a friend of the late Mr Aubrey's.
The party assembled on New-Year's eve at Fotheringham Castle, the residence of Lord De la Zouch, was numerous and brilliant. The Aubreys arrived about five o'clock; and on their emerging from their chambers into the drawing-room, about half-past six-Mr Aubrey leading in his lovely wife and his very beautiful sister-they attracted general attention. He himself looked handsome, for the brisk country air had brought out a glow upon his too frequently sallow countenance-sallow with the unwholesome atmosphere, the late hours, the wasting excitement of the House of Commons; and his smile was cheerful, his eye bright and penetrating. There is nothing that makes such quick triumphant way in English society as the promise of speedy political distinction. It will supply to its happy possessor the want of family and fortune