Ten Thousand a-Year. Volume 2

"Not one penny, sir!" replied his son, with a certain swell of manner.

"Ay, ay!" exclaimed his Lordship, briskly—"How's that, sir?"

Then Delamere told him of what he had done; at which Lord De la Zouch first looked serious, and then burst into laughter at the eagerness of old Sir Omnium to aid the affair. Lord De la Zouch well knew that the old baronet was infinitely exasperated against those who had robbed him of his borough! Never was "Schedule A" mentioned in his presence without a kind of spasm passing over his features! as though it were the burial-ground where lay one long and fondly loved! "No, no," said his Lordship, "that must not stand; I won't have any risk of Sir Omnium's getting into a scrape, and shall write off to request him to annul the transaction—with many thanks for what he has done—and I'll try whether I have credit enough with my bankers—eh, Geoffrey?"

"You are very kind to me, sir, but really I would rather"–

"Pho, pho—let it be as I say; and now, go and dress for dinner, and, after that, the sooner you get about your 'Address,' the better. Let me see a draft of it as soon as it is finished. Let Mr. Parkinson be sent for immediately from Grilston, to see how the land lies; and, in short, if we do go into the thing, let us dash into it with spirit—I'll write off and have down from town—a-hem!" his Lordship suddenly paused—and then added—"And hark 'ee, sir—as to that Address of yours, I'll have no despicable trimming, and trying to catch votes by vague and flattering"–

"Trust me, sir!" said Delamere, with a proud smile, "mine shall be, at all events, a contrast to that of my 'honorable opponent.'"

"Go straight a-head, sir," continued Lord De la Zouch, with a lofty and determined air; "nail your colors to the mast. Speak out in a plain, manly way, so that no one can misunderstand you. I'd rather a thousand times over see you beaten out of the field—lose the election like a gentleman—than win it by any sort of trickery, especially as far as the profession of your political sentiments and opinions is concerned. Bear yourself so, Geoffrey, in this your maiden struggle, that when it is over, you may be able to lay your hand on your heart, and say, 'I have won honorably'—or 'I have lost honorably.' So long as you can feel and say this, laugh at election bills—at the long faces of your friends—the exulting faces of your enemies.—Will you bear all this in mind, Geoffrey?"

"I will, I will, sir," replied his eager son; and added, with an excited air, "won't it come on them like"–

"Do you hear that bell, sir?" said Lord De la Zouch, laughing, and moving away. Delamere bowed, and with a brisk step, a flushed cheek, and an elated air, betook himself to his dressing-room, to prepare for dinner.

Shortly afterwards, Mr. Parkinson made his appearance, and to his infinite amazement was invested instantly with the character of agent for Mr. Delamere, as candidate for the borough! After he and the earl had heard the following Address read by Delamere, they very heartily approved of it. Mr. Parkinson took it home with him; it was in the printer's hands that very night, and by seven o'clock in the morning, was being stuck up plentifully on all the walls in Grilston, and in fact, all over the borough:—

"To the Independent Electors of the Borough of Yatton.

"Gentlemen—I hope you will not consider me presumptuous, in venturing to offer myself to your notice as a candidate for the honor of representing you in Parliament. In point of years, I am, I have reason to believe, even younger than the gentleman whom I have come forward to oppose. But, indeed, for the fact of his being personally a comparative stranger to you, I should have paused long before contesting with him the representation of a borough on which he has unquestionably certain legitimate claims. The moment, however, that I had read his Address, I resolved to come forward and oppose him. Gentlemen, the chief ground on which I am induced to take this step, is, that I disapprove of the tone and spirit of that Address, and hold opinions entirely opposed to all those which it expresses, and which I have no hesitation in saying I consider to be unworthy of any one seeking so grave a trust as that of representing you in Parliament. As for my own opinions, they are in all essential respects identical with those of the gentlemen who have, during a long series of years, represented you, and especially with those of my highly honored and gifted friend, Mr. Aubrey. Gentlemen, my own family is not unknown to you, nor are the opinions and principles which for centuries they have consistently supported, and which are also mine.

"I am an affectionate and uncompromising friend of our glorious and venerable Established Church, and of its union with the State; which it is my inflexible determination to support by every means in my power, as the most effectual mode of securing civil and religious liberty. I am disposed to resist any further concessions either to Roman Catholics or Dissenters, because I think that they cannot be made safely or advantageously. Gentlemen, there is a point at which toleration becomes anarchy; and I am desirous to keep as far from that point as possible.

"I earnestly deprecate putting our Agricultural or Commercial and Manufacturing interests into competition with eachother, as needless and mischievous. Both are essential elements in the national welfare; both should be upheld to the utmost: but if circumstances should unhappily bring them into inevitable conflict, I avow myself heart and soul a friend to the Agricultural interest.

"Gentlemen, I know not whether it would be more derogatory to your character, or to mine, to exact or give pledges as to my conduct on any particular measure, great or small, which may come before Parliament. It appears to me both absurd and ignominious, and inconsistent with every true principle of representation. One, however, I willingly give you—that I will endeavor to do my duty, by consulting your interests as a part of the general interests of the nation. I trust that I shall never be found uncourteous or inaccessible; and I am confident that none of you will entertain unreasonable expectations concerning my power to serve you individually or collectively.

"Gentlemen, having entered into this contest, I pledge myself to fight it out to the last; and, if I fail, to retire with good humor. My friends and I will keep a vigilant eye on any attempts which may be made to resort to undue influence or coercion; which, however, I cannot suppose will be the case.

"Gentlemen, this is the best account I can give you, within the limits of such an Address as the present, of my political opinions, and of the motives which have induced me to come forward; and I shall, within a day or two, proceed to call upon you personally. In the mean while I remain, Gentlemen, your faithful servant,

"Geoffrey Lovel Delamere.

"Fotheringham Castle, 7th Dec. 18—."

Two or three days afterwards there arrived at Mr. Aubrey's, in Vivian Street, two large packets, franked "De la Zouch," and addressed to Mr. Aubrey, containing four copies of the foregoing "Address," accompanied by the following hurried note:—

"Fotheringham, 8th Dec. 18—.

"My Dear Aubrey—What think you of this sudden and somewhat Quixotic enterprise of my son? I fear it is quite hopeless—but there was no resisting his importunities. I must say he is going into the affair (which has already made a prodigious stir down here) in a very fine spirit. His Address is good, is it not? The only thing I regret is, his entering the lists with such a creature as that fellow Titmouse—and, moreover, being beaten by him.—Yours ever faithfully and affectionately,

"De La Zouch.

"P. S.—You should only see little Dr. Tatham since he has heard of it. He spins about the village like a humming-top! I hope that, as far as his worldly interests are concerned, he is not acting imprudently: but I will take care of that, for I love and reverence the little doctor. Our dear love to the ladies. (In great haste.)"

This letter was read with almost suspended breath, by Mr. Aubrey, and then by Mrs. and Miss Aubrey. With still greater emotion were the printed enclosures opened and read. Each was held in a trembling hand, its reader's color going and coming. Miss Aubrey's heart beat faster and faster; she turned very pale—but with a strong effort recovered herself. Then taking the candle, she withdrew with a hasty and excited air, taking her copy of the Address with her to her own room; and there burst into tears, and wept for some time. She felt her heart dissolving in tenderness towards Delamere! It was some time before she could summon resolution enough to return. When she did, Mrs. Aubrey made a faint effort to rally her; but each, on observing the traces of the other's recent and strong emotion, was silent, and with difficulty preserved any semblance of a calm demeanor.

Equally strong emotions, but of a very different description, were excited in the bosoms of certain persons at Yatton Hall, by the appearance of Mr. Delamere's Address. 'Twas Mr. Barnabas Bloodsuck, (junior,)—a middle-sized, square-set young man, of about thirty, with a broad face, a very flat nose, light frizzly hair, and deep-set gray eyes—a bustling, confident, hard-mouthed fellow—who, happening to be stirring in the main street of Grilston early in the morning of the 8th December 18—, beheld a man in the act of sticking up Mr. Delamere's Address against a wall. Having prevailed on the man to part with one, Mr. Bloodsuck was within a quarter of an hour on horseback, galloping down to Yatton—almost imagining himself to be carrying with him a sort of hand-grenade, which might explode in his pocket as he went on. He was ushered into the breakfast-room, where sat Mr. Gammon and Mr. Titmouse, just finishing their morning meal.

"My stars—good-morning! gents,—but here's a kettle of fish!" quoth Mr. Bloodsuck, with an excited air, wiping the perspiration from his forehead; and then plucking out of his pocket the damp and crumpled Address of Mr. Delamere, he handed it to Mr. Gammon, who changed color on seeing it, and read it over in silence.

Mr. Titmouse looked at him with a disturbed air; and having finished his mixture of tea and brandy, "Eh—e—eh, Gammon!—I say"—he stammered—"what's in the wind? 'Pon my soul, you look—eh?"

"Nothing but a piece of good fortune, for which you are indebted to your distinguished friend, Mr. Phelim O'Something," replied Gammon, bitterly, "whose precious Address has called forth for you an opponent whom you would not otherwise have had."

"Hang Mr. O'Doodle!" exclaimed Titmouse; "I—'pon my precious soul—I always thought him a-a fool and a knave. I'll make him pay me the money he owes me!" and he strode up and down the room, with his hands thrust furiously into his pockets.

"You had perhaps better direct your powerful mind to this Address," quoth Mr. Gammon, with a blighting smile, "as it slightly concerns you;" and handing it to Titmouse, the latter sat down to try and obey him.

"That cock won't really fight, though, eh?" inquired Mr. Bloodsuck, as he resumed his seat after helping himself to an enormous slice of cold beef at the side table.

"I think it will," replied Mr. Gammon, thoughtfully: and presently continued after a pause, with a visible effort to speak calmly, "it is useless to say anything about the haughty intolerant Toryism it displays; that is all fair; but is it not hard, Mr. Bloodsuck, that when I had written an Address which would have effectually"–

"Mr. Phelim O'Doodle owes me three hundred pounds, Gammon, and I hope you'll get it for me at once; 'pon my soul, he's a most cursed scamp," quoth Titmouse, furiously, looking up with an air of desperate chagrin, on hearing Gammon's last words. That gentleman, however, took no notice of him, and proceeded, addressing Mr. Bloodsuck, "I have weighed every word in that Address. It means mischief. It has evidently been well considered; it is calm and determined—and we shall have a desperate contest, or I am grievously mistaken."

"E—e—eh? E—h? What, Gammon?" inquired Titmouse, who, though his eye appeared, in obedience to Gammon, to have been travelling over the all-important document which he held in his hand, had been listening with trembling anxiety to what was said by his companions.

"I say that we are to have a contested election: that you won't walk over the course, as you might have done. Here's a most formidable opponent started against you!"

"What? 'Pon my soul—for my borough? For Yatton?"

"Yes, and one who will fight you tooth and nail."

"'Pon—my—precious soul! What a cursed scamp! What a most infernal black–Who is it?"

"No blackguard, sir," interrupted Gammon, very sternly; "but—a gentleman, perhaps, even, every way equal to yourself," he added with a cruel smile, "the Honorable Mr. Delamere, the son and heir of Lord De la Zouch."

"By jingo! you don't say so! Why, he's a hundred thousand a-year," interrupted Titmouse, turning very pale.

"Oh, that he has, at least," interposed Mr. Bloodsuck, who had nearly finished a rapid and most disgusting breakfast; "and two such bitter Tories you never saw or heard of before—for, like father, like son."

"Egad! is it?" inquired Titmouse, completely crestfallen. "Well! and what if—eh, Gammon? Isn't it?"

"It is a very serious business, sir, indeed," quoth Gammon, gravely.

"By Jove—isn't it a cursed piece of—impudence! What? Come into my borough? He might as well come into my house! Isn't one as much mine, as the other? It's as bad as housebreaking—but we're beforehand with him, anyhow, with those prime chaps at Gr–" Mr. Bloodsuck's teeth chattered; he glanced towards the door; and Gammon gave Titmouse a look which almost paralyzed, and at all events silenced him.

"They'll bleed freely?" said Bloodsuck, by-and-by, with a desperate effort to look concerned—whereas he was in a secret ecstasy at the profitable work in prospect for their house.

"Lord De la Zouch would not have entered into this thing if he had not some end in view which he considers attainable—and as for money"–

"Oh, as for that," said Bloodsuck, with a matter-of-fact air, "ten thousand pounds to him is a mere drop in the bucket."

"O Lord! O Lord! and must I spend money too?" inquired Titmouse, with a look of ludicrous alarm.

"We must talk this matter over alone, Mr. Bloodsuck," said Gammon, anxiously—"shall we go to Grilston, or will you fetch your father hither?"'

"'Pon my soul, Gammon," quoth Titmouse, desperately, and snapping his finger and thumb, "those cursed Aubreys, you may depend on 't, are at the bottom of all this"–

"That there's not the least doubt of," quoth Bloodsuck, as he buttoned up his coat with a matter-of-fact air; but the words of Titmouse caused Mr. Gammon suddenly to dart first at one, and then at the other of the speakers, a keen penetrating glance; and presently his expressive countenance showed that surprise had been succeeded by deep chagrin, which soon settled into gloomy thoughtfulness.

NOTES

END OF VOL. II.

1

Note 1. Page 1.

See post, Chapter V., Preliminary Note.

2

Note 2. Page 5.

An important and salutary improvement in the law of libel, especially in the case of newspapers, was effected in 1843, by statute 6 and 7 Vict. c. 96. Till then the TRUTH was inadmissible as a justification on a criminal prosecution for libel—the rule being that the greater the truth the greater was the libel—by which was meant its greater tendency to a breach of the peace. Now, however, the defendant may defend himself against an indictment or information, by pleading that the charge was true, and that it was for the public benefit that it should have been published; but he must specially state in his plea the particular facts by reason of which it was for the public benefit. If such plea, or evidence in support of it, should be false or malicious, the act allows that circumstance to be taken into consideration in awarding punishment. A serious amount of fine, imprisonment, and hard labor, may be inflicted for publishing, or threatening (with intent to extort money) to publish, a false and malicious libel. In civil proceedings a defendant may plead that he was not guilty of actual malice or gross negligence; and offered to publish, or published, a full apology, in which case he may pay money into court by way of amends; and in all actions of defamation he may show an apology, or offer of one, in mitigation of damages. This statute does not extend to Scotland.

Troilus and Cressida, i. 3.

The great increase of business alone, is the cause of the accumulation of arrears—especially in the Queen's Bench, which is almost overpowered by the enormous pressure of its criminal business. All the three superior courts have recently adopted post-terminal fittings, to enable them to despatch their arrears; an act of Parliament having been passed (stat. 1 and 2 Vict. c. 32) for that purpose.

If the reader will refer to vol. i. p. 490, he may see how the disabilities here alluded to arose, and affected the case. The doctrine of "adverse possession" is founded on the anxiety of our law to secure quietude of title. It gives every reasonable facility for the assertion of just rights against wrongful possessors of property; but with equal reasonableness fixes a limit to immunity from the consequences of negligent acquiescence under usurpation, considering it, in a word, better policy to protect a person in possession, than to encourage a struggle for it among strangers. Vigilantibus non dormientibus jura subveniunt, is the maxim of the common law, on which also the statute law has often acted, and recently with great effect, by stat. 3 and 4 Will. 4, c. 27, (passed on the 24th July 1833.) By its provisions, many of the most subtle and difficult questions concerning the nature of "possession" are got rid of; and the period of twenty years from the commencement of the rights of possession, fixed as that within which alone an action or suit in equity for the recovery of lands must be brought—unless a party was, when his right accrued, laboring under the disability of infancy, coverture, insanity, or absence beyond seas: in any of which cases an extension of ten years is allowed: but it is expressly provided, that however numerous such disabilities may have been—however long and uninterruptedly they may have lasted—forty years shall be absolutely the limit within which the action or suit must be brought from the time of the right first accruing. If the statute "once begin to run," as the lawyers say, "nothing can stop it." The above constitute some of the boldest and best of the great alterations recently effected in our English system of real property law. A far longer period than the present one was requisite to constitute "adverse possession" at the time mentioned in the text.

See post, Chapter V., Preliminary Note.

"[Greek: 'Anthropinos]," signifies in this place, (1 Corinth. x. 13,) says a commentator on this memorable passage of Scripture, "such as is suited to the nature and circumstances of man; such as every man may reasonably expect, if he consider the nature of his body and soul, and his situation in the present world."

3

Note 3. Page 32.

4

Note 4. Page 40.

5

Note 5. Page 42.

6

Note 6. Page 43.

7

Note 7. Page 49.

8

Note 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.

9

Note 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.

10

Note 10. Page 75.

This species of sport has recently, alas! been seriously interfered with, by the increased power given, in such cases, to the police magistrates.

11

Note 11. Page 91.

See Dr. Bubble's "Account of the late Landslips, and of the Remains of Subterranean Castles."—Quarto Edition, Vol. III. pp. 2000-2008.

12

Note 12. Page 91.

Ante, Vol. 1., p. 441.

13

Note 13. Page 93.

Horace, Carm. 1. 34, ad finem.

14

Note 14. Page 96.

Troilus and Cressida, i. 3.

15

By "Warranty," is meant the clause with which deeds of feoffment formerly concluded, and by which the feoffor agreed that he and his heirs would "warrant, acquit, and forever defend the feoffee and his heirs against all persons." This old form has long been obsolete; and may be considered to have been, by two late statutes, abolished.

16

Note 15. Page 224.

1 Samuel, ch. ii., v. 36.

17

Note 16. Page 234.

It may be as well to apprise the reader, that this strange mode of pleading has been lately superseded by one more reasonable and intelligible.

18

Note 17. Page 281.

"Mayhem," saith Blackstone, "is a battery attended with this aggravating circumstance: that thereby the party injured is forever disabled from making so good a defence against future external injuries, as before he might have done. Among these defensive members are reckoned not only arms and legs, but a finger, an eye, and a fore-tooth; but the loss of one of the jaw-teeth, is no mayhem at common law, for they can be of no use in fighting."—3 Black. Comm. p. 121.

19

Note 18. Page 282.

In the year 1838, arrest on mesne process was abolished by statute 1 and 2 Vict. c. 110, (which recited that "the power of arrest upon mesne process was unnecessarily extensive and severe, and ought to be relaxed,") except in cases where a debtor may be arrested by order of a judge, to prevent his quitting the kingdom. In the year 1844, the legislature went so far (stat. 7 and 8 Vict. c. 96, § 58) as to abolish arrest on final process, in all cases of debts not exceeding £20, independently of costs. The policy of this measure is gravely questionable.