Ten Thousand a-Year. Volume 1

To their great delight, Mr. Tresayle took Mr. Mortmain's view of the case. Nothing could be more terse, perspicuous, and conclusive than the great man's opinion. Mr. Quirk was in raptures, and that very day sent to procure an engraving of Mr. Tresayle, which had lately come out, for which he paid 5s., and ordered it to be framed and hung up in his own room, where already grinned a quaint resemblance, in black profile, of Mr. Mortmain, cheek by jowl with that of a notorious traitor who had been hanged in spite of Mr. Quirk's best exertions. In special good-humor, he assured Mr. Gammon, (who was plainly somewhat crestfallen about Mr. Frankpledge,) that everybody must have a beginning; that even he himself (Mr. Quirk) had been once only a beginner.

Once fairly on the scent, Messrs. Quirk and Gammon soon began, secretly but energetically, to push their inquiries in all directions. They discovered that Gabriel Tittlebat Titmouse, having spent the chief portion of his blissful days as a cobbler at Whitehaven, had died in London, somewhere about the year 1793. At this point they stood for a long while, in spite of two advertisements, to which they had been driven with the greatest reluctance, for fear of attracting the attention of those most interested in thwarting their efforts. Even that part of the affair had been managed somewhat skilfully. It was a stroke of Mr. Gammon's to advertise not for "Heir-at-Law," but "Next of Kin," as the reader has seen. The former might have challenged the notice of unfriendly curiosity, which the latter was hardly calculated to attract. At length—at the "third time of asking"—up turned Tittlebat Titmouse, in the way which we have seen. His relationship with Mr. Gabriel Tittlebat Titmouse was indisputable; in fact, he was (to adopt his own words) that "deceased person's" son and heir-at-law.

The reader may guess the chagrin and disgust of Mr. Gammon at the appearance, manners, and character of the person whom he fully believed, on first seeing him at Messrs. Tag-rag's, to be the rightful owner of the fine estates held by one who, as against Mr. Titmouse, had no more real title to them than had Mr. Tag-rag; and for whom their house was to undertake the very grave risk and expense of instituting such proceedings as would be requisite to place Mr. Titmouse in the position which they believed him entitled to occupy—having to encounter a hot and desperate opposition at every point, from those who had nine-tenths of the law—to wit, possession—on their side, on which they stood as upon a rock; and with immense means for carrying on the war defensive. That Messrs. Quirk, Gammon, and Snap did not contemplate undertaking all this, without having calculated upon its proving well worthy their while, was only reasonable. They were going voluntarily to become the means of conferring immense benefits upon one who was a total stranger to them—who had not a penny to spend upon the prosecution of his own rights. Setting aside certain difficulties which collected themselves into two awkward words, Maintenance and Champerty, and stared them in the face whenever they contemplated any obvious method of securing the just reward of their enterprise and toils—setting aside all this, I say, it might turn out, only after a ruinous expenditure had been incurred, that the high authorities which had sanctioned their proceedings in point of law, had expressed their favorable opinions on a state of facts, which, however satisfactorily they looked on paper, could not be substantiated, if keenly sifted, and determinedly resisted. All this, too—all their time, labor, and money, to go for nothing—on behalf of a vulgar, selfish, ignorant, presumptuous, ungrateful puppy, like Titmouse!—Well indeed, therefore, might Mr. Gammon, as we have seen he did, give himself and partners a forty-eight hours' interval, between his interview with Titmouse and formal introduction of him to the firm, in which to consider their position and mode of procedure. The taste of his quality which that first interview afforded them all—so far surpassing all that the bitter description of him given to them by Mr. Gammon had prepared them for—filled the partners with inexpressible disgust, and would have induced them to throw up the whole affair—so getting rid both of it, and of him, together. But then, on the other hand, there were certain very great advantages, both of a professional and even directly pecuniary kind, which it would have been madness indeed for any office lightly to throw away. It was really, after all, an unequal struggle between feeling and interest. If they should succeed in unseating the present wrongful possessor of a very splendid property, and putting in his place the rightful owner, by means alone of their own professional ability, perseverance, and heavy pecuniary outlay, (a fearful consideration, truly, but Mr. Quirk had scraped together some thirty thousand pounds!) what recompense could be too great for such resplendent services? To say nothing of the éclat which it would gain for their office, in the profession and in the world at large, and the substantial and permanent advantages to the firm, if, as they ought to be, they were intrusted with the general management of the property by the new and inexperienced and confiding owner—ay, but there was the rub! What a disheartening and disgusting specimen of such new owner had disclosed itself to their anxiously expecting but soon recoiling eyes—always, however, making due allowances for one or two cheering indications, on Mr. Titmouse's part, of a certain rapacious and litigious humor, which might hereafter right pleasantly and profitably occupy their energies! Their professional position, and their interests had long made them sharp observers; but when did ever before low and disgusting qualities force themselves into revolting prominence, as those of Mr. Titmouse had done, in the very moment of an expected display of the better feelings of human nature—such as enthusiastic gratitude? They had, in their time, had to deal with some pleasant specimens of humanity, to be sure; but when with any more odious and impracticable than Tittlebat Titmouse threatened to prove himself? What hold could they get upon such a character as his? Beneath all his coarseness and weakness, there was a glimmer of low cunning which might suffice to keep their superior and practised astuteness at its full stretch. These were difficulties, cheerless enough in the contemplation, truly; but, nevertheless, the partners could not bear the idea of escaping from them by throwing up the affair altogether. Then came the question—How were they to manage Mr. Titmouse?—how acquire an early and firm hold of him, so as to convert him into a capital client? His fears and his interests were obviously the engines with which their experienced hands were to work; and several long and most anxious consultations had Messrs. Quirk and Gammon had on this important matter. The first great question with them was—To what extent, and when, they should acquaint him with the nature of his expectations.

Gammon was for keeping him comparatively in the dark, till success was within reach: during that interval, (which might be a long one,) by alternately stimulating his hopes and fears; by habituating him to an entire dependence on them; by persuading him of the prodigious extent of their exertions and sacrifices on his behalf—they might do something; mould him into a shape fit for their purposes, and persuade him that his affairs must needs go to ruin but in their hands. Something like this was the scheme of the cautious, acute, and placid Gammon. Mr. Quirk, however, (with whom, as will be hereafter shown, had originated the whole discovery,) thought thus:—tell the fellow at once the whole extent of what we can do for him, viz. turn a half-starving linen-draper's shopman into the owner of £10,000 a-year, and of a great store of ready money. This will, in a manner, stun him into submission, and make him at once and for all what we want him to be. He will immediately fall prostrate with reverent gratitude—looking at us, moreover, as three gods, who, at our will, can shut him out of heaven. "That's the way to bring down your bird," said Mr. Quirk; and Mr. Quirk had been forty years in practice—had made the business what it was—still held half of it in his own hands, (two-thirds of the remaining half being Gammon's, and the residue Snap's:) and Gammon, moreover, had a very distinct perception that the funds for carrying on the war would come out of the tolerably well-stored pockets of the august head of the firm. So, after a long discussion, he openly yielded his opinion to that of Mr. Quirk—cherishing, however, a very warm respect for it in his own bosom. As for Snap, that distinguished member of the firm was very little consulted in the matter; which had not yet been brought to that stage where his powerful energies could come into play. He had of course, however, heard a good deal of what was going on; and knew that ere long there would be the copying out and serving of the Lord knows how many copies of declarations in ejectment, motions against the casual ejector, and so forth—so far at least as he was "up to" all those quaint and anomalous proceedings. It had, therefore, been at length agreed that the communication to Titmouse, on his first interview, of the full extent of his splendid expectations, should depend upon the discretion of Mr. Quirk. The reader has seen the unexpected turn which matters took upon that important occasion; and if it proved Quirk's policy to be somewhat inferior in point of discretion and long-sightedness to that of Gammon, still it must be owned that the latter had cause to admire the rapid generalship with which Mr. Quirk had obviated the consequences of his false move—not ill seconded by Snap. What could have been more judicious than his reception of Titmouse, on the occasion of his being led in again by the subtle Gammon?

The next and greatest matter was, how to obtain any hold upon such a person as Titmouse had shown himself, so as to secure to themselves, in the event of success, the remuneration to which they considered themselves entitled. Was it so perfectly clear that, if he felt disposed to resist it, they could compel him to pay the mere amount of their bill of costs?

Suppose he should turn round upon them, and have their Bill taxed—Mr. Quirk grunted with fright at the bare thought. Then there was a slapping quiddam honorarium extra—undoubtedly for that they must, they feared, trust to the honor and gratitude of Mr. Titmouse; and a pretty taste of the quality of that animal they had already experienced! Such a disposition as his, to have to rely upon for the prompt settlement of a bill of thousands of pounds of costs! and, besides that, to have it to look to for the payment of at least some five or perhaps ten thousand pounds douceur—nay, and this was not all. Mr. Quirk had, as well as Mr. Gammon, cast many an anxious eye on the following passages from Blackstone's Commentaries:—

"Maintenance is an officious intermeddling in a suit that no way belongs to one, by 'maintaining' or assisting either party with money, or otherwise, to prosecute or defend it.... It is an offence against public justice, as it keeps alive strife and contention, and perverts the remedial process of the law into an engine of oppression.... The punishment by common law is fine and imprisonment, and by statute 32 Hen. VIII. c. 9, a forfeiture of £10!

"Champerty—(campi partitio)—is a species of Maintenance, and punished in the same manner; being a bargain with a plaintiff or defendant 'campum partiri,' to divide the land, or other matter sued for, between them, if they prevail at law; whereupon the champertor is to carry on the suit at his own expense.... These pests of civil society, that are perpetually endeavoring to disturb the repose of their neighbors, and officiously interfering in other men's quarrels, even at the hazard of their own fortunes, were severely animadverted on by the Roman law; and they were punished by the forfeiture of a third part of their goods, and perpetual infamy."[4]

These were pleasant passages surely!–

Many were the conversations and consultations which the partners had had with Messrs. Mortmain and Frankpledge respectively, upon the interesting question, whether there were any mode of at once securing themselves against the ingratitude of Titmouse, and protecting themselves against the penalties of the law. It made old Mr. Quirk's bald head, even, flush all over whenever he thought of their bill being taxed, or contemplated himself the inmate of a prison, (above all, at his advanced time of life,) with mournful leisure to meditate upon the misdeeds that had sent him thither, to which profitable exercise the legislature would have specially stimulated him by a certain fine above mentioned. As for Gammon, he knew there must be a way of doing the thing somehow or another; for his friend Frankpledge felt infinitely less difficulty in the way than Mortmain, whom he considered a timid and old-fashioned practitioner. The courts, said Mr. Frankpledge, were now setting their faces strongly against the doctrine of Maintenance, as being founded on a bygone state of things: cessante ratione cessat et ipsa lex, was his favorite maxim. There was no wrong without a remedy, he said; and was there not a wrong in the case of a poor man wrongfully deprived of his own? And how could this be remedied, if the old law of Maintenance stood like a bugbear in the way of humane and spirited practitioners? Was no one to be at liberty to take up the cause of the oppressed, encouraged by the prospect of an ample recompense? It might be said, perhaps—let the claimant sue in formâ pauperis: but then he must swear that he is not worth five pounds; and a man may not be able to take that oath, and yet be unequal to the commencement of a suit requiring the outlay of thousands. Moreover, a pretty prospect it was for such a suitor, (in formâ pauperis,) if he should happen to be nonsuited—to be "put to his election, whether to be whipped or pay the costs."[5] Thus reasoned within himself that astute person, Mr. Frankpledge; and at length satisfied himself that he had framed an instrument which would "meet the case"—that "would hold water." To the best of my recollection, it was a bond, conditioned to pay the sum of ten thousand pounds to Messrs. Quirk, Gammon, and Snap, within two months of Titmouse's being put into possession of the rents and profits of the estate in question. The condition of that bond was, as its framer believed, drawn in a masterly manner; and his draft was lying before Messrs. Quirk, Gammon, and Snap, on the Wednesday morning, (i. e. the day after Titmouse's interview with them,) and had succeeded at length in exciting the approbation of Mr. Quirk himself; when—whew!—down came a note from Mr. Frankpledge, to the effect that, "since preparing the draft bond," he had "had reason slightly to modify his original opinion," owing to his "having lit upon a late case," in which an instrument precisely similar to the one which he had prepared for his admiring clients, had been held "totally ineffectual and void both at law and in equity." I say, Mr. Frankpledge's note was to that effect; for so ingeniously had he framed it—so effectually concealed his retreat beneath a little cloud of contradictory authorities, like as the ink-fish, they say, eludeth its pursuers—that his clients cursed the law, not their draftsman; and, moreover, by prudently withholding the name of the "late case," he, at all events for a while, had prevented their observing that it was senior to some eight or ten cases which (indefatigable man!) he had culled for them out of the legal garden, and arrayed on the back of his draft. Slightly disconcerted were Messrs. Quirk and Gammon, it may be believed, at this new view of the "result of the authorities." "Mortmain is always right!" said Quirk, looking hard at Gammon; who observed simply that one day Frankpledge would be as old as Mortmain then was—by which time (thought he) I also know where—please God—you will be, my old friend, if there's any truth in the Scriptures! In this pleasant frame of mind were the partners, when the impudent apparition of Huckaback presented itself, in the manner which has been described. Huckaback's commentary upon the disgusting text of Titmouse over-night, (as a lawyer would say, in analogy to a well-known term, "Coke upon Littleton,") produced an effect upon their minds which may be easily imagined. It was while their minds were under these two soothing influences, i. e. of the insolence of Huckaback and the vacillation of Frankpledge, that Mr. Gammon had penned the note to Titmouse, (surely, under the circumstances, one of extraordinary temper and forbearance,) which had occasioned him the agonies I have been attempting faintly to describe;—and that Quirk, summoning Snap into the room, had requested him to give orders for denial to Titmouse if he should again make his appearance at the office; which injunction Snap forthwith delivered in the clerk's room, in a tone and manner that were a very model of the imperative mood.

A day or two afterwards, Mr. Quirk, (who was a man that stuck like a limpet to a rock to any point which occurred to him,) in poring over that page in the fourth volume of Blackstone's Commentaries, where were to be found the passages which have been already quoted, (and which both Quirk and Gammon had long had off by heart,) as he sat one day at dinner, at home, whither he had taken the volume in question, fancied he had at last hit upon a notable crotchet, which, the more he thought of, the more he was struck with; determining to pay a visit in the morning to Mr. Mortmain. The spark of light that had twinkled till it kindled in the tinder of his mind, was struck by his hard head out of the following sentence of the text in question:—

"A man may, however, maintain the suit of his near kinsman, servant, or poor neighbor, out of charity and compassion, with impunity; otherwise, the punishment is," &c. &c.[6]

Now, it seemed to Mr. Quirk, that the words which I have placed in italics and small capitals, met the case of poor Tittlebat Titmouse exactly. He stuck to that view of the case, till he almost began to think that he really had a kind of a sort of a charity and compassion for poor Tittlebat—kept out of his rights—tyrannized over by a vulgar draper in Oxford Street—where, too, no doubt, he was half starved.—"It's a great blessing that one's got the means—and the inclination, to serve one's poor neighbors"—thought Quirk, as he swallowed glass after glass of the wine that maketh glad the heart of man—and also softens it;—for the more he drank, the more and more pitiful became his mood—the more sensitive was he to compassionate suggestions; and by the time that he had finished the decanter, he was all but in tears! These virtuous feelings brought their own reward, too—for, from time to time, they conjured up, as it were, the faint rainbow image of a bond conditioned for the payment of Ten Thousand Pounds!

To change the metaphor a little—by the time that old Quirk had reached his office in the morning, the heated iron had cooled. If his heart had retained any of the maudlin softness of the preceding evening, the following pathetic letter from Titmouse might have made a very deep impression upon it, and fixed him, in the benevolent and disinterested mind of the old lawyer, as indeed his "poor neighbor." The following is an exact copy of that lucid and eloquent composition. It had been written by Mr. Titmouse, all out of his own head; and with his own hand had he left it at the office, at a late hour on the preceding evening.

"To Messrs. Querk, Gamon, and Snape.

"Gents,

"Yr Esteem'd Favor lies now before Me, which must Say have Given me Much Concern, seeing I Thought it was All Made up betwixt us That was of Such an Unpleasant Nature on Tuesday night (ultimo) wh I most humbly Own (and Acknowledge) was all alone and intirely of My Own Fault, and Not in the Least Your's which behaved to me, Must say, In the most Respectful and superior manner that was possible to think Of, for I truly Say I never was In the Company of Such Imminent and Superior Gents before In my Life wh will take my Oath sincerely Of, Gents. Please to consider the Brandy (wh do think was Uncommon Stiff) such a flustrum As I was In before, to, wh was Evident to All of Us there then Assemblid and very natral like to be the Case Seeing I have nevir known what Peas of Mind was since I behaved in Such a Oudacious way wh truly was the case I can't Deny to Such Gents as Yourselfs that were doing me such Good Fortune And Kindness to me as it would Be a Dreadful sin and shame (such as Trust I can never be Guilty of) to be (wh am not) and never Can Be insensible Of, Gents do Consider all this Favorably because of my humble Amends wh I here Make with the greatest Trouble in my Mind that I have Had Ever Since, it was all of the Sperrits I Tooke wh made me Go On at such a Rate wh was always (beg to Assure yr most respe house) the Case Since my birth when I took Sperrits never so little Since I had the Meazles when I was 3 Years Old as I Well Recollect and hope it will be Born in Mind what is Often Said, and I'm Sure I've read it Somewhere Else that People that Is Drunk Always speaks the Direct Contrarywise of their True and Real Thoughts. (wh am Certain never was any Thing Truer in my case) so as I get the Money or What not, do whatever you Like wh are quite welcome to Do if you please, and No questions Asked, don't Mind saying by The Way It shall Be As Good as £200 note in The way of your respe House if I Get the Estate of wh am much in Want of. Mr. Gamon (wh is the most Upright gent that ever I came across in All my Life) will tell you that I Was Quite Cut up when he came After me in that kind Way and told him Then how I loved yr Respecte House and would do all In My power to Serve You, which see if I Don't, I was in Such a rage with that Fellow (He's only in a Situation in Tottenham Ct Road) Huckaback which is his true name it was an oudacious thing, and have given him such a Precious Good hiding last Night as you never saw when on his Bendid Knees He asked the pardon of your Respectable House, sayg nothing of Me wh wd not allow because I said I would Not Forgive Him because he had not injured me: But you, wh I wonder at his Impudence in Calling on Professional Gents like you, if I get the Estate shall never cease to Think well of you and mean While how full of Trouble I am Often Thinking Of Death which is the End of Every Thing And then in that Case who will the Property Go to Seeing I Leave never a Brother or Sister Behind me. And Therefore Them That wd Get it I Feel Sure of wd Not do So well by you (if You will Only believe Me) So Gents. This is All at present That I will Make so Bold to trouble you With About my Unhappy Affairs Only to say That am used most Intolerably Bad now In The Shop quite Tyranicall And Mr. Tag-Rag as Set Them All Against Me and I shall Never Get Another Situatn for want of a Charr which he will give me sayg nothg at Present of the Sort of Victules wh give me Now to Eat Since Monday last, For Which am Sure the Devil must have Come In to That Gentleman (Mr. Tag-rag, he was only himself in a Situation in Holborn once, gettg the Business by marryg the widow wh wonder At for he is nothing Particular to Look At.) I am yrs

Humbly to Command Till Death (always Humbly Begging pardon for the bad Conduct wh was guilty of when In Liquor Especially On an Empty Stomach, Having Taken Nothing all that Day excepting what I could not Eat,)

"Your's most Respy

"Tittlebat Titmouse.

"P. S. Will Bring That young Man with Tears In his Eyes to Beg yr pardon Over again If You Like wh will Solemnly Swear if Required That he did It all of His own Head And that Have given It him For it in the Way That is Written Above And humbly Trust You Will make Me So happy Once more by writing To Me (if it is only a Line) To say You Have Thought No more of it T. T. No. 9 Closet Ct. Oxford Street. 14/7/18—"

This exquisitely-skilful epistle might indeed have brought tears into Mr. Quirk's eyes, if he had been used to the melting mood, which he was not; having never been seen actually to shed a tear but once—when five-sixths of his little bill of costs (£196, 15s. 4d.) were taxed off in an auction on a Bill of Exchange for £13.[7] As it was, he tweedled the letter about in his hands for about five minutes, in a musing mood, and then stepped with it into Mr. Gammon's room. That gentleman took the letter with an air of curiosity, and read it over; at every sentence (if indeed a sentence there was in it) bursting into soft laughter.