Ten Thousand a-Year. Volume 2

"Behind a frowning ProvidenceHe hides a smiling face!Blind unbelief is sure to err,And scan His works in vain!God is His own interpreter,And He will make it plain!"

"Therefore, O my God!" thought Aubrey, as he gazed upon the lovely scenes familiar to him from his birth, and from which a few short hours were to separate him forever, "I do acknowledge Thy hand in what has befallen me, and Thy mercy which enables me to bear it, as from Thee." The scene around him was tranquil and beautiful—inexpressibly beautiful. He stood under the shadow of a mighty elm-tree, the last of a long and noble avenue, which he had been pacing in deep thought for upwards of an hour. The ground was considerably elevated above the level of the rest of the park. No sound disturbed the serene repose of the approaching evening, except the distant and gradually diminishing sounds issuing from an old rookery, and the faint low bubbling of a clear streamlet which flowed not far from where he stood. Here and there, under the deepening shadows cast by the lofty trees, might be seen the glancing forms of deer, the only live things visible. "Life," said Aubrey, to himself, with a sigh, as he leaned against the trunk of the grand old tree under which he stood, and gazed with a fond and mournful eye on the lovely scenes stretching before him, to which the subdued radiance of the departing sunlight communicated a tone of tender pensiveness; "life is, in truth, what the Scripture—what the voice of nature—represents it—a long journey, during which the traveller stops at many resting places. Some of them are more, others less beautiful; from some he parts with more, from others with less regret; but part he must, and pursue his journey, though he may often turn back to gaze with lingering fondness and admiration at the scene which he has last quitted. The next stage may be—as all his journey might have been—bleak and desolate; but, through that he is only passing: he will not be condemned to stay in it, as he was not permitted to dwell in the other; he is still journeying on, along a route which he cannot mistake, to the point of his destination, his journey's end—the shores of the vast, immeasurable, boundless ocean of eternity—HIS HOME!"

The deepening shadows of evening warned him to retrace his steps to the Hall. Before quitting the spot upon which he had been so long standing, he turned his head a little towards the right, to take a last view of an object which called forth tender and painful feeling—it was the old sycamore which his sister's intercession had saved from the axe. There it stood, feeble and venerable object! its leafless silvery-gray branches becoming in the fading light, dim and indistinct, yet contrasting touchingly with the verdant strength of those near it. A neat strong fence had been placed around it; but how much longer would it receive such care and attention? Aubrey thought of the comparison which had on a former occasion been made by his sister; and sighed heavily as he looked his last at the old tree. Then he slowly walked on towards the Hall. When about halfway down the avenue, he beheld two figures apparently approaching him, but undistinguishable in the gloom and the distance. As they neared him, he recognized Lord De la Zouch, and Mr. Delamere. Suspecting the object of their visit, which a little surprised him, since they had taken a final leave, and a very affecting one, the day before, he felt a little anxiety and embarrassment. Nor was he entirely mistaken. Lord De la Zouch, who advanced alone towards Aubrey—Mr. Delamere turning back—most seriously pressed his son's suit for the hand of Miss Aubrey, as he had often done before; declaring, that though undoubtedly he wished a year or two first to elapse, during which his son might complete his studies at Oxford, there was no object dearer to the heart of Lady De la Zouch and himself, than to see Miss Aubrey become their daughter-in-law. "Where," said Lord De la Zouch, with much energy, "is he to look elsewhere for such an union of beauty, of accomplishments, of amiability, of high-mindedness?" After a great deal of animated conversation on this subject, during which Mr. Aubrey assured Lord De la Zouch that he would say everything which he honorably could to induce his sister to entertain, or at all events, not to discard the suit of Delamere; at the same time reminding him of the firmness of her character, and the hopelessness of attempting to change any determination to which she might have been led by her sense of delicacy and honor,—Lord De la Zouch addressed himself in a very earnest manner to matters more immediately relating to the personal interests of Mr. Aubrey; entered with lively anxiety into all his future plans and purposes; and once more pressed upon him the acceptance of most munificent offers of pecuniary assistance, which, with many fervent expressions of gratitude, Aubrey again declined. But he pledged himself to communicate freely with Lord De la Zouch, in the event of an occasion arising for such assistance as his Lordship had already so generously volunteered. By this time Mr. Delamere had joined them, regarding Mr. Aubrey with infinite earnestness and apprehension. All, however, he said, was—and in a hurried manner to his father—"My mother is waiting for you in the carriage, and wishes that we should immediately return." Lord De la Zouch and his son again took leave of Mr. Aubrey. "Remember, my dear Aubrey, remember the pledges you have repeated this evening," said the former. "I do, I will!" replied Mr. Aubrey, as they each wrung his hands; and then, having grasped those of Lady De la Zouch, who sat within the carriage powerfully affected, the door was shut; and they were quickly borne away from the presence and the residence of their afflicted friends. While Mr. Aubrey stood gazing after them, with folded arms, in an attitude of melancholy abstraction, at the Hall door, he was accosted by Dr. Tatham, who had come to him from the library, where he had been, till a short time before, busily engaged reducing into writing various matters which had been the subject of conversation between himself and Mr. Aubrey during the day.

"I am afraid, my dear friend," said the doctor, "that there is a painful but interesting scene awaiting you. You will not, I am sure, forbear to gratify, by your momentary presence in the servants' hall, a body of your tenantry, who are there assembled, having come to pay you—good souls!—their parting respects."

"I would really rather be spared the painful scene," said Mr. Aubrey, with emotion. "I am nearly unnerved as it is! Cannot you bid them adieu, in my name? and say God bless them!"

"You must come, my dear friend! If it be painful, it will be but for a moment; and the recollection of their hearty and humble expressions of affection and respect will be pleasant hereafter. Poor souls!" he added with not a little emotion, "you should see how crowded is Mr. Griffiths' room with the presents they have each brought you, and which would surely keep your whole establishment for months!—Cheeses, tongues, hams, bacon, and I know not what beside!"

"Come, Doctor," said Mr. Aubrey, quickly, and with evidently a great effort, "I will see them, my humble and worthy friends! if it be but for a moment; but I would rather have been spared the scene." He followed Dr. Tatham into the spacious servants' hall, which he found nearly filled by some forty or fifty of his late tenantry, who, as he entered, rose in troubled silence to receive him. There were lights, by which a hurried glance sufficed to show him the deep sorrow visible in their countenances. "Well, sir," commenced one of them, after a moment's hesitation—he seemed to have been chosen the spokesman of those present—"we've come to tak' our leave; and a sad time it be for all of us, and it may be, sir, for you." He paused, and added abruptly—"I thought I could have said a word or two, sir, in the name of all of us, but I've clean forgotten all; and I wish we could all forget that we were come to part with you, sir;—but we sha'n't—no, never!—we shall never see your like again, sir! God help you, sir!" Again he paused, and struggled hard to conceal his emotions. Then he tried to say something further, but his voice failed him.

"Squire, it may be law; but it be not justice, we all do think, that hath taken Yatton from you, that was born to it," said one, who stood next to him who had first spoken. "Who ever heard o' a scratch in a bit of paper signifying the loss o' so much? It never were heard of afore, sir, an' cannot be right!"

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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.

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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.