While the brilliant success of Tittlebat Titmouse was exciting so great a sensation among the inmates of Satin Lodge and Alibi House, there were also certain quarters in the upper regions of society, in which it produced a considerable commotion, and where it was contemplated with feelings of intense interest; nor without reason. For indeed to you, reflecting reader, much pondering men and manners, and observing the influence of great wealth, especially when suddenly and unexpectedly acquired, upon all classes of mankind—it would appear passing strange that so prodigious an event as that of an accession to a fortune of ten thousand a-year, and a large accumulation of money besides, could be looked on with indifference in those regions where MONEY "Is like the air they breathe—if they have it not they die;" in whose absence, all their "honor, love, obedience, troops of friends," disappear like snow under sunshine; the edifice of pomp, luxury, and magnificence that "rose like an exhalation," so disappears— "And, like an insubstantial pageant faded, Leaves not a rack behind." Take away money, and that which raised its delicate and pampered possessors above the common condition of mankind—that of privation and incessant labor and anxiety—into one entirely artificial, engendering totally new wants and desires, is gone, all gone; and its occupants suddenly fall, as it were, through a highly rarefied atmosphere, If the reader had reverently cast his eye over the pages of that glittering centre of aristocratic literature, and inexhaustible solace against the ennui of a wet day—I mean Debrett's Peerage, his attention could not have failed to be riveted, among a galaxy of brilliant but minor stars, by the radiance of one transcendent constellation.
Now, as to the above tremendous list of seats and residences, be it observed that the existence of two of them, viz. Grosvenor Square and Poppleton Hall, was tolerably well ascertained by the residence of the august proprietor of them, and the expenditure therein of his princely revenue of £5,000 a-year. The existence of the remaining ones, however, the names of which the diligent chronicler has preserved with such scrupulous accuracy, had become somewhat problematical since the era of the civil wars, and the physical derangement of the surface of the earth in those parts, which one may conceive to have taken place [I have now recovered my breath, after my bold flight into the resplendent regions of aristocracy; but my eyes are still dazzled.] The reader may by this time have got an intimation that Tittlebat Titmouse, in a madder freak of Fortune than any which her incomprehensible Ladyship hath hitherto exhibited in the pages of this history, is far on his way towards a dizzy pitch of elevation,—viz. that he has now, owing to the verdict of the Yorkshire jury, taken the place of Mr. Aubrey, and become heir-expectant to the oldest barony in the kingdom—between it and him only one old peer, and his sole child, an unmarried daughter, intervening. Behold the thing demonstrated to your very eye, in the Pedigree on the next page, which is only our former one Genealogy From this I think it will appear, that on the death of Augustus, fifth earl and twentieth baron, with no other issue than Lady Cecilia, the earldom being then extinct, the barony would descend upon the Lady Cecilia; and that, in the event of her dying without issue in the lifetime of her father, Tittlebat Titmouse would, on the earl's death without other lawful issue, become Lord Drelincourt, twenty-first in the barony! and in the event of her dying without issue, after her father's death, Tittlebat Titmouse would become the twenty-second Lord Drelincourt; one or other of which two splendid positions, but for the enterprising agency of Messrs. Quirk, Gammon, and Snap, would have been occupied by Charles Aubrey, Esq.;—on considering all which, one cannot but remember a saying of an ancient poet, who seems to have kept as keen an eye upon the unaccountable frolics of the goddess Fortune, as this history shows that I have. 'Tis a passage which any little schoolboy will translate to his mother or his sisters— At the time of which I am writing, the Earl of Dreddlington was about sixty-seven years old; and he would have realized the idea of an incarnation of the sublimest PRIDE. He was of rather a slight make, and, though of a tolerably advanced age, stood as straight as an arrow. His hair was glossy, and white as snow: his features were of an aristocratic cast; their expression was severe and haughty; and I am compelled to say that there was scarce a trace of intellect perceptible in them. His manner and demeanor were cold, imperturbable, inaccessible; wherever he went—so to speak—he radiated cold. Comparative poverty had embittered his spirit, as his lofty birth and Among all the weighty cares and anxieties of this life, however, I must do the earl the justice to say, that he did not neglect the concerns of hereafter—the solemn realities of that Future revealed to us in the Scriptures. To his enlightened and comprehensive view of the state of things around him, it was evident that the Author of the world had decreed the existence of regular gradations of society. The following lines, quoted one night in the House by the leader of his party, had infinitely delighted the earl— When the earl discovered that this was the production of Shakespeare he conceived a great respect for that writer, and purchased a copy of his works, and had them splendidly bound. They were fated never to be opened, however, except at that one place where the famous passage in question was to be found. How great was the honor thus conferred upon the plebeian poet, to stand amid a collection of royal and noble authors, to whose productions, and those in elucidation and praise of them, the earl's splendid-looking library had till then been confined!—Since, thought the earl, such is clearly the order of Providence in this world, why should it not be so in the next? He felt certain that then there would be found corresponding differences and degrees, in analogy to the differences and degrees existing upon earth; and with this view had read and endeavored to comprehend the "His faithful dog should bear him company;" as that his Lordship should be doomed to participate the same regions of heaven with any of his domestics; unless, indeed, by some, in his view, not improbable dispensation, it should form an ingredient in their cup of happiness in the next world, there to perform those offices—or analogous ones—for their old masters, which they had performed upon earth. As the earl grew older, these just, and rational, and Scriptural views, became clearer, and his faith firmer. Indeed, it might be said that he was in a manner ripening for immortality—for which his noble and lofty nature, he secretly felt, was fitter, and more likely to be in its element, than it could possibly be in this dull, degraded, and confused world. He knew that Ever since the first Earl of Dreddlington had, through a bitter pique conceived against his eldest son, the second earl, diverted the principal family revenues to the younger branch, leaving the title to be supported by only £5,000 a-year, there had been a complete estrangement between the elder and the younger—the titled and the moneyed—branches of the family. On Mr. Aubrey's attaining his majority, however, the present earl sanctioned overtures being made towards a reconciliation, being of opinion that Mr. Aubrey and Lady Cecilia might, by intermarriage, effect a happy reunion of family interests; an object, this, which had long lain nearer his heart than any other upon earth, till, in fact, it became a kind of passion. Actuated by such considerations, he had done more to conciliate Mr. Aubrey than he had ever done towards any one on earth. It was, however, in vain. Mr. Aubrey's first delinquency was an unqualified adoption of Tory principles. Now all the Dreddlingtons, from time whereof the memory of man runneth not to the contrary, had been firm unflinching Tories, till the distinguished father of the present earl quietly walked over, one day, to the other side of the Such being the relative position of Mr. Aubrey, and the Earl of Dreddlington, at the time when this history opens, it is easy for the reader to imagine the lively interest with which the earl first heard of the tidings that a stranger had set up a title to the whole of the Yatton estates; and the silent but profound anxiety with which he continued to regard the progress of the affair. He obtained, from time to time, by means of confidential inquiries instituted by his solicitor, a general notion of the nature of the new claimant's pretensions; but with a due degree of delicacy towards his unfortunate kinsman, his Lordship studiously concealed the interest he felt in so important a family question as the succession to the Yatton property. The earl and his daughter were exceedingly anxious to see the claimant; and when he heard that that claimant was a gentleman of "decided Whig principles"—the earl was very near setting it down as a sort of special interference of Providence in his favor; and one that, in the natural order of things, would lead to the accomplishment of his other wishes. Who could say that, before a twelvemonth had passed over, the two branches of the family might not be in a fair way of being reunited? And that thus, among other incidents, the earl would be invested with the virtual patronage of the borough of Yatton, and, in the event of their return to power, his claim upon his party for his long-coveted marquisate rendered irresistible? He had gone to the Continent shortly before the trial of the ejectment at York; and did not return till a day or two after the Court of King's Bench had solemnly
The Earl of Dreddlington was not a little flustered on seeing the above paragraph; which he read over half a Messrs. Titmouse and Gammon were walking arm-in-arm down Oxford Street, on their return from some livery-stables, where they had been looking at a horse which Titmouse was thinking of purchasing, when an incident occurred which ruffled him not a little. He had been recognized and publicly accosted by a vulgar fellow, with a yard-measure in his hand, and a large parcel of drapery under his arm—in fact, by our old friend Mr. Huckaback. In vain did Mr. Titmouse affect, for some time, not to see his old acquaintance, and to be earnestly engaged in conversation with Mr. Gammon. "Ah, Titty!—Titmouse! Well, then—Mister Titmouse—how are you?—Devilish long time since we met!" Titmouse directed a look at him which he wished could have blighted him, and quickened his pace without taking any further notice of the presumptuous intruder. Huckaback's blood was up, however—roused by this ungrateful and insolent treatment from one who had been under such great obligations to him; and quickening his pace also, he kept alongside with Titmouse. "Ah," continued Huckaback, "why do you cut me in this way, Titty? You aren't ashamed of me surely? Many's the time you've tramped up and down Oxford Street with your bundle and yard-measure"—— "Fellow!" at length exclaimed Titmouse, indignantly, "'pon my life I'll give you in charge if you go on so! Be off, you low fellow!—Dem vulgar brute!" he subjoined in a lower tone, bursting into perspiration, for he had not forgotten the insolent pertinacity of Huckaback's disposition. "My eyes! Give me in charge? Come, I like that, rather—you vagabond! Pay me what you owe me! "Will any one get a constable!" inquired Titmouse, who had grown as white as death. The little crowd that was collecting round them began to suspect, from Titmouse's agitated appearance, that there must be some foundation for the charges made against him. "Oh, go, get a constable! Nothing I should like better! Ah, my fine gentleman—what's the time of day when chaps like you are wound up so high?" Gammon's interference was in vain. Huckaback got more abusive and noisy; no constable was at hand; so, to escape the intolerable interruption and nuisance, he beckoned a coach off the stand, which was close by; and, Titmouse and he stepping into it, they were soon out of sight and hearing of Mr. Huckaback. Having taken a shilling drive, they alighted, and walked towards Covent Garden. As they approached the hotel, they observed a yellow chariot, at once elegant and somewhat old-fashioned, rolling away from the door. "I wonder who that is," said Gammon; "it's an earl's coronet on the panel; and a white-haired old gentleman was sitting low down in the corner"—— "Ah—it's no doubt a fine thing to be a lord, and all that—but I'll answer for it, some of 'em's as poor as a church mouse," replied Titmouse as they entered the hotel. At that moment the waiter, with a most profound bow, presented him with a letter and a card, which had only the moment before been left for him. The card was thus:
and there was written on it, in pencil, in rather a feeble and hurried character—"For Mr. Titmouse." "My stars, Mr. Gammon!" exclaimed Titmouse, excitedly, addressing Mr. Gammon, who also seemed greatly interested by the occurrence. They both repaired to a vacant table at the extremity of the room; and Titmouse, with not a little trepidation, hastily breaking a large seal which bore the earl's family arms, with their crowded quarterings and grim supporters—better appreciated by Gammon, however, than by Titmouse—opened the ample envelope, and, unfolding its thick gilt-edged enclosure, read as follows:—
As soon as Titmouse had read the above, still holding it in his hand, he gazed at Gammon with mute apprehension and delight. Of the existence, indeed, of the magnificent personage who had just introduced himself, Titmouse had certainly heard, from time to time, since the commencement of the proceedings which had just been so successfully terminated. He had seen the brightness, to be sure; but, as a sort of remote splendor, like that of a fixed star which gleamed brightly, but at too vast a distance to have any sensible influence, or even to
"Have you a 'Peerage' here, waiter?" inquired Gammon, as the waiter brought him a lighted taper. Debrett "Tag-rag—and his daughter; "Quirk—and his daughter; "The Earl of Dreddlington—and his daughter. How many more? Happy! happy! happy Titmouse!" The sun which was rising upon Titmouse was setting upon the Aubreys. Dear, delightful—now too dear, now too delightful—Yatton! the shades of evening are descending upon thee, and thy virtuous but afflicted occupants, who, early on the morrow, quit thee forever. Approach silently you conservatory. Behold, in the midst of it, the dark slight figure of a lady, solitary, motionless, in melancholy attitude—her hands clasped before her: it is Miss Aubrey. Her face is beautiful, but grief is in her eye; and her bosom heaves with sighs, which, gentle though they be, are yet the only sounds audible. Yes, that is the sweet and once joyous Kate Aubrey! 'Twas she indeed; and this was her last visit to her conservatory. Many rare, delicate, and beautiful flowers were there. The air was laden with the fragrant odors which they exhaled, as it were in sighs, on account of the dreaded departure of their lovely mistress. At length "Come, come, Harriet," faltered Miss Aubrey, "this is "Oh, ma'am, if you did but know how I love you! How I'd go on my knees to serve you all the rest of the days of my life!" "Don't talk in that way, Harriet; that's a good girl," said Miss Aubrey, rather faintly, and, sinking into the chair, she buried her face in her handkerchief, "you know I've had a great deal to go through, Harriet, and am in very poor spirits." "I know it, ma'am, I do; and that's why I can't bear to leave you!" She sank on her knees beside Miss Aubrey. "Oh, ma'am, if you would but let me stay with you! I've been trying, ever since you first told me, to make up my mind to part with you, and, now it's coming to the time, I can't, ma'am—indeed, I can't! If you did but know, ma'am, what my thoughts have been, while I've been folding and packing up your dresses here! To think that I sha'n't be with you to unpack them! It's very hard, ma'am, that Madam's maid is to go with her, and I'm not to go with you!" "We were obliged to make a choice, Harriet," said Miss Aubrey, with forced calmness. "Yes, ma'am; but why didn't you choose us both? Because we've both always done our best; and, as for me, you've never spoke an unkind word to me in your life"—— "Harriet, Harriet," said Miss Aubrey, tremulously, "I've several times explained to you that we cannot any longer afford each to have our own maid; and Mrs. Aubrey's maid is older than you, and knows how to manage children"—— "What signifies affording, ma'am? Neither she nor I will ever take a shilling of wages; I'd really rather serve you for nothing, ma'am, than any other lady for a hundred "Don't, Harriet!—You would not, if you knew the pain you give me," said Miss Aubrey, faintly. Harriet perceived Miss Aubrey's ill-concealed agitation; and starting aside, poured out a glass of water, and forced her pale mistress to swallow a little, which presently revived her. "Harriet," said she, feebly, but firmly, "you have never once disobeyed me, and now I am certain that you will not. I assure you that we have made all our arrangements, and cannot alter them. I have been very fortunate in obtaining for you so kind a mistress as Lady Stratton. Remember, Harriet, she was the oldest bosom friend of my"——Miss Aubrey's voice trembled, and she ceased speaking for a minute or two, during which she struggled against her feelings with momentary success. "Here's the prayer-book," she presently resumed, opening a drawer in her dressing-table, and taking out a small volume—"Here's the prayer-book I promised you; it is very prettily bound, and I have written your name in it, Harriet, as you desired. Take it, and keep it for my sake. Will you?" "Oh, ma'am," replied the girl, bitterly, "I shall never bear to look at it! And yet I'll never part with it till I die!" "Now leave me, Harriet, for a short time—I wish to be alone," said Miss Aubrey; and she was obeyed. She presently rose and bolted the door; and then, secure from interruption, walked slowly to and fro for some time; and a long and deep current of melancholy thoughts and feelings flowed through her mind and heart. She had but a short time before seen her sister's sweet children put into their little beds for the last time at Yatton; and together with their mother, had hung fondly over them, kissing At length, having resumed her perusal of the letter, she came to the conclusion. In a kind of agony she pressed "Kate, dear Kate," said she, rather quickly, closing the door after her, "what is to be done? Did you hear carriage-wheels a few moments ago? Who do you think have arrived? As I fancied would be the case, the De la Zouches!" Miss Aubrey trembled and turned pale. "You must see—you must see—Lady De la Zouch, Kate—they have driven from Fotheringham on purpose to take—once more—a last farewell! 'Tis very painful, but what can be done? You know what dear, dear, good friends they are!" "Is Lord De la Zouch come, also?" inquired Miss Aubrey, apprehensively. "I will not deceive you, dearest Kate, they are all come; but she, only, is in the house: they are gone out to look for Charles, who is walking in the park." Miss Aubrey trembled violently; and after evidently a severe struggle with her feelings, the color having entirely deserted her face, and left it of an ashy whiteness, "I cannot "Care not about their errand, love!" said Mrs. Aubrey, embracing her fondly. "You shall not be troubled—you shall not be persecuted." Miss Aubrey shook her head, and grasped Mrs. Aubrey's hand. "They do not, Agnes, they cannot persecute me," replied Miss Aubrey, with energy. "It is a cruel and harsh word to use—and!—consider how noble, how disinterested is their conduct; that it is which subdues me!" Mrs. Aubrey embraced still more closely her agitated sister-in-law, and tenderly kissed her forehead. "Oh, Agnes!" faltered Miss Aubrey, pressing her hand upon her heart to relieve the intolerable oppression which she suffered—"would to Heaven that I had never seen—never thought of him!" "Don't fear, Kate! that he will attempt to see you on so sad an occasion as this. Delamere is a man of infinite delicacy and generosity!" "I know he is—I know he is," gasped Miss Aubrey, almost suffocated with her emotions. "Stay, I'll tell you what to do; I'll go down and return with Lady De la Zouch: we can see her here, undisturbed and alone, for a few moments; and then, nothing painful can occur. Shall I bring her?" she inquired, rising. Miss Aubrey did not dissent; and, within a very few minutes' time, Mrs. Aubrey returned, accompanied by Lady De la Zouch. She was rather an elderly woman. Her countenance was still handsome; and she possessed a very dignified carriage. She was of an extremely affectionate disposition, and passionately fond of Miss Aubrey. Hastily drawing aside her veil as she entered the room, she stepped quickly up to Miss Aubrey, kissed her, and grasped her hands, for some moments, in silence. "This is very sad work, Miss Aubrey," said she at "For mercy's sake, open the window; I feel suffocated," faltered Miss Aubrey. Mrs. Aubrey hastily drew up the window, and the cool refreshing breeze of evening quickly diffused itself through the apartment, and revived the drooping spirits of Miss Aubrey, who walked gently to and fro about the room, supported by Lady De la Zouch and Mrs. Aubrey, and soon recovered a tolerable degree of composure. The three ladies presently stood, arm-in-arm, gazing through the deep bay-window at the fine prospect which it commanded. The gloom of evening was beginning to steal over the landscape. "How beautiful!" exclaimed Miss Aubrey, faintly, with a deep sigh. "The window in the northern tower of the Castle commands a still more extensive view," said Lady De la Zouch, looking earnestly at Miss Aubrey, who, as if conscious of some agitating allusion, burst into tears. After standing gazing through the window for some time longer, they stepped back into the room, and were soon engaged in deep and earnest conversation. For the last three weeks Mr. Aubrey had addressed himself with calmness and energy to the painful duties which had devolved upon him, of setting his house in order. Immediately after quitting the dinner-table that day—a To avert the misfortune which menaced him, he had neglected no rational and conscientious means. To retain the advantages of fortune and station to which he had believed himself born, he had made the most strenuous exertions consistent with a rigid sense of honor. What, indeed, could he have done, that he had not done? He had caused the claims of his opponent to be subjected to as severe a scrutiny as the wit of man could suggest; and they had stood the test. Those claims, and his own, had been each of them placed in the scales of justice; those "Behind a frowning Providence He 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 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 "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!" "You'll forgive me, Squire," said another, "but we shall never tak' to t'new one that's coming after you!" "My worthy—my dear friends," commenced Mr. Aubrey, with melancholy and forced composure, as he stood beside Dr. Tatham, "this is a sad trial to me—one which I had not expected, and am quite unprepared for. I have had lately to go through many very painful scenes; "Lord Almighty bless you, sir, and Madam and Miss, and little Miss—and the little squire!" said a voice, in a vehement manner, from amid the throng, in tones which went to Mr. Aubrey's heart. His lips quivered, and he ceased speaking for some moments. At length he resumed. "You see my feelings are a little shaken by the sufferings which I have gone through. I have only a word more to say to you. Providence has seen fit, my friends, to deprive me of that which I had deemed to be my birthright. God is good and wise; and I bow, as we must all bow, to His will with reverence and resignation. And also, my dear friends, let us always submit cheerfully to the laws under which we live. We must not quarrel with their decision, merely because it happens to be adverse to our own wishes. I, from my heart—and so must you, from yours—acknowledge a firm, unshaken allegiance to the laws; they are ordained by God, and He demands our obedience to them! society cannot exist without them"—He paused. "I have to thank you," he presently added in a subdued tone, "my worthy friends, for many substantial tokens of your good-will, brought with you this evening. I assure you sincerely that I value them far more"—he paused, and it was some moments before he could proceed—"than if they had been of the most costly and splendid description"—— "Lord, only hearken to t'squire!" called out a voice, as if on an impulse of eager affection, which its rough, honest speaker could not resist. This seemed entirely to "I am sure, my friends," said Dr. Tatham, almost as much affected as any of them, "that you cannot wish to prolong so afflicting a scene as this. Mr. Aubrey is much exhausted, and has a long journey to take early in the morning—and you had better now leave." "Farewell! farewell, my kind and dear friends, farewell!—May God bless you all, and all your families!" said Mr. Aubrey; and, most powerfully affected, withdrew from a scene which he was not likely ever to forget. He retired, accompanied by Dr. Tatham, to his library; where Mr. Griffiths, his steward, was in readiness to receive his signature to various documents. This done, the steward, after a few hurried expressions of affection and respect, withdrew; and Mr. Aubrey had then completed all the arrangements, and transacted all the business, which had required his attention before quitting Yatton: which, at an early hour in the morning, he was going to leave; having determined to go direct to London, instead of accepting any of the numerous offers which he had received from his friends in the neighborhood, to take up with them his abode for, at all events, some considerable period. That, however, would have been entirely inconsistent with the plans for his future life, which he had formed and matured. He left the whole estate in admirable order and condition. There was not a farm vacant, not a tenant dissatisfied with the terms under which he held. Mr. Aubrey's library was already carefully packed up, and was to follow him, on the ensuing day, to London, by water, as also were several portions of the furniture—the residue of which was to be sold off within a day or two's time. How difficult—how very difficult had it been for them to choose which articles they would part with, and which retain! The favorite old high-backed easy-chair, which had been worked by Miss Aubrey herself; the beautiful ebony cabinet, which had been given by her father to her mother, who had given it to Kate; the little chairs of Charles and Agnes—and in which Mr. Aubrey and Kate, and all their brothers and sisters—long since deceased—had sat when children; Mrs. Aubrey's piano; these, and a few other articles, had been successfully pleaded for by Mrs. Aubrey and Kate, and were to accompany or rather follow them to London, instead of passing, by the auctioneer's hammer, into the hands of strangers. The two carriage-horses, which had drawn old Mrs. Aubrey in the family coach for many years, were to be turned to grass, for the rest of their days, at Lady Stratton's. Poor old Peggy was, in like manner, to have to herself a little field belonging to Dr. Tatham. Little Charles's pony, a beautiful animal, and most reluctantly parted with, was sent as a present, in his name, to little Sir Harry Oldfield, one of his play-fellows. Hector, the magnificent Newfoundland dog, was, at the vehement instance of Pumpkin, the gardener, who had almost gone upon his knees to beg for the animal, and declared that he loved the creature like a son—as I verily believe he did, for they were inseparable, and their attachment was mutual—given up As for the servants—the housekeeper was going to keep the house of her brother, a widower, at Grilston, and the butler was going to marry, and quit service. As for the rest, Mr. Parkinson had, at Mr. Aubrey's desire, written about them to Messrs. Quirk, Gammon, and Snap; and Mr. Gammon had sent word that such members of the establishment as chose, might continue at Yatton, at all events till the pleasure of Mr. Titmouse, upon the subject, should have been known. All the servants had received a quarter's wages that morning from Mr. Griffiths, in the presence of Mr. Aubrey, who spoke kindly to each, and earnestly recommended them to conduct themselves respectfully towards his successor. Scarce any of them could answer him, otherwise than by an humble bow, or courtesy, accompanied by sobs and tears. One of them did contrive to speak, and passionately expressed a wish that the first morsel Mr. Titmouse ate in the house might choke him—a sally which received so There were some twenty or thirty poor old infirm cottagers, men and women, who had been for years weekly pensioners on the bounty of Yatton, and respecting whom Mr. Aubrey felt a painful anxiety. What could he do? He gave the sum of fifty pounds to Dr. Tatham for their use; and requested him to press their claims earnestly upon the new proprietor of Yatton. He also wrote almost as many letters, as there were of these poor people, on their behalf to his friends and neighbors. Oh, it was a moving scene which had occurred at each of their little cottages, when their benefactors, Mr. Aubrey, his wife, and sister, severally called to bid them farewell, and receive their humble and tearful blessings! But it was the parting with her school, which neither Kate nor her brother saw any probability of being kept up longer than for a month or two after their departure, which had occasioned Kate the greatest distress. There were several reasons, which will occur to the reader, why no application could be made, about the matter, from her, or on her account, to Mr. Titmouse; even if she had not had reason to anticipate, from what she had heard of his character, that he was a person unlikely to feel any interest in such an institution. Nor had she liked to trouble or burden the friends whom she left behind her, with the
The above was not written in the uniform and beautiful hand usual with Miss Aubrey; it was, on the contrary, rather irregular, and evidently written hastily; but Dr. On the ensuing morning, at a very early hour, Dr. Tatham left the vicarage, to pay his last visit to friends whom it almost broke his heart to part with, in all human probability forever. He started, but on a moment's reflection ceased to be surprised, at the sight of Mr. Aubrey approaching him from the direction of the little churchyard. He was calm, but his countenance bore the traces of very recent emotion. They greeted each other in silence, and so walked on for some time, arm-in-arm, slowly, towards the Hall. It was a dull heavy morning, almost threatening rain. The air seemed full of oppression. The only sounds audible were the hoarse clamorous sounds issuing from the old rookery, at some distance on their left. Mr. Aubrey and Dr. Tatham interchanged but few words, as they walked along the winding pathway to the Hall. The first thing which attracted their eyes, after passing under the gateway, was the large old family carriage, standing opposite the Hall door, where stood some luggage, sufficient for the journey, ready to be placed upon it; the remainder having been sent on the day before to London. How mournful was the sight! On entering the Hall, they found its heart-broken inmates all up, and dressed. The children were taking their last breakfast in the nursery; Charles making many inquiries of the weeping servants, which they could answer only by tears and kisses. In vain was the breakfast-table spread for the senior travellers. There sat poor Kate, in travelling trim, before the antique silver urn, attempting to perform, with tremulous hand, her accustomed office; but neither she, nor Mrs. Aubrey, was equal to the task; which, summoning the housekeeper into the room, they devolved upon her, and which she was scarce able to perform. Mr. Aubrey and Dr. Tatham were standing there; The bitter preparations for starting at an early hour, seven o'clock, were soon afterwards completed. Half smothered with the kisses and caresses of the affectionate servants, little Charles and Agnes were already seated in the carriage, on the laps of their two attendants, exclaiming eagerly, "Come, papa! come, mamma! What a while you are!" Just then, poor Pumpkin, the gardener, scarce able to speak, made his appearance, his arms full of nosegays, which he had been culling for the last two hours—having one a-piece for each of the travellers, servants, and children, and all. The loud angry bark of Hector was heard from time to time, little Charles calling loudly for him; but Pumpkin had fastened him up, for fear of his starting off after the carriage. At length, having scarcely tasted breakfast, the travellers made their appearance at the Hall door. Kate and Mrs. Aubrey were utterly overcome at the sight of the carriage, and wept bitterly. They threw their arms passionately around, and fervently kissed, their venerable friend and pastor, Dr. Tatham, who was grievously agitated. Then they tore themselves from him, and hastily got into the carriage. As he stood alone, bareheaded, on their quitting him, he lifted his hands, but could scarce Note concerning the law of Erasures and Estoppels. I. Erasures.—The question—What is the effect of an erasure, an interlineation, or alteration apparent in a material part of a deed above thirty years old, when offered in evidence?—has led to much discussion both among professional and general readers of this work, as well at home as abroad; and many communications upon the subject have been received by the author. Lord Widdrington at the trial, and subsequently he and the full court, held, in the case of Doe d. Titmouse v. Jolter, that such an erasure was fatal to the case of the party II. Estoppel.—Both this doctrine, and that of erasures, as illustrated by this work, formed the subject of elaborate investigation in an article in the American Jurist for 1842, (vol. xxvii. pp. 50, et sec.) The question relating to estoppel, is thus stated there in abstract terms. "If the son and heir-apparent of a tenant in fee-simple, conveys the land thus held, and afterwards dies in his father's lifetime, is the heir of the father, who also makes his pedigree through the son, estopped by that son's conveyance?" The conclusion arrived at is, that, according to Lord Coke, if such conveyance had been with warranty, the heir would be bound, if assets descended to him from the son. In this story an heir is represented as conveying away his expectancy; and the author has received an obliging communication on the subject, from one of the greatest conveyancers who ever lived—Mr. Preston—to the following effect. "The rule of law is—Qui non habet, ille non dat: nemo potest plus juris in alium transferre, quam ipse habet. Therefore a grant by an expectant heir, simpliciter, is void. But the doctrine of estoppels (a 'cunning learning,' says Lord Coke) affords exceptions to this general rule." A feoffment with warranty binds an heir, however, not by estoppel, but by rebutter, "in order to avoid circuity of action, which is not favored by the law."—(Co. Litt. 265 a.) He might be estopped by a lease for years, and by matter of record—or by fine and recovery, before those methods of assurance were abolished; but a conveyance by Lease and Release would not bind the heir, on the subsequent descent of the estate: for he had no right at all at the time of the release, made, but that once in the ancestor; after whose decease the heir may enter in to the land against his own release.—(Co. Litt. 265 a.) "The late vice-chancellor, Sir John Leach," says Mr. Preston, "once decided that a release did operate as an estoppel, in conformity with my argument before him; but Lord Lyndhurst on appeal, contrary to his own first impression, on Sir Edward Sugden's handing up to him my own Book on Conveyancing, as a contre projet to my attempt to support the vice-chancellor's decision, overruled that decision." |