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The reader will presently understand that they were people of real fashion; and the eldest lady spoke of persons and things which denoted that high life was familiar to her. This gave Clarke a new opportunity of wondering how he, a poor carpenter, came into such company: which he directly expressed to me, with the simplicity and undisguise that are common to such characters.
The old lady, who had before signified her chagrin at the expedient to which her nephew had reduced her, did not find her pride soothed when she learned that she was in company with carpenters: for it soon appeared that she considered me and my companion as familiar acquaintances of the same rank.
Her young friend was likewise led into this error; and, when the former began to express her disgust too freely to accord with the feelings of the latter, she interrupted her with saying 'Ayez la bonte, madame, de parler Francois? 'Be kind enough, madam, to speak French.'
The old lady complied; and a conversation ensued which certainly will neither surprise nor move the reader so much as it did me. Should he ask how I, as a man of honor, could suffer them to remain in the deception of imagining I did not understand them, let him wait till he knows enough to surmise what the emotions were that were in a moment kindled in my bosom. At first, indeed, they were but dark and improbable conjectures: but, dark as they were, they shook my whole frame.
The dialogue that ensued soon testified that the old lady was in no very complacent temper of mind. Her beginning sentences expressed dissatisfaction, were sarcastic, and evidently glanced at her young companion, whose replies were mild and conciliating. But, not satisfied with indirect reproach, her assailant, still speaking French, continued her interrogatories to the following effect.
'And are you still determined, Miss, to persist in your obstinate refusal of his lordship?'
'Let me intreat you, dear madam, not to enter on that subject again.'
'Oh, to be sure! You very kindly intreat me to torment myself as much as I please, so that I do not trouble you!'
'How can you, madam, accuse me of such cruelty? Is it just? Am I indeed of such a nature?'
'Yes, indeed are you, Miss: however you may flatter yourself. It is nothing but perversity that can make you trifle with the honor and happiness of your family—Now you are silent! Your fine spirit no doubt disdains to reply!'
'What can I say?'
'Say that you are a headstrong girl; acknowledge your fault, and consent to be the wife of a peer—Silent again!'
'I could wish, madam, not to make you more angry.'
'No, indeed; there is no occasion for that! You have been doing nothing else for many weeks past. For my part, I cannot conceive what your objection can be! Had that desperado been living, for whom since his death you have acknowledged what you call your weak prepossession, I should have known very well to what cause to attribute your stubbornness: but, as it is, I cannot conceive either your motives or your meaning. Nothing however is to be wondered at, in a young lady of your character. No prudent person would have dared to indulge a thought in favour of a mad adventurer, whose actions were as rash as they were insolent, whose family was mean yet had dared to oppose and even make ridiculous attempts to rival that from which you are descended, and who yet was himself an outcast of that family.'
'It is cruel, madam, to disturb the ashes of the dead!'
This was the first word of retort that had escaped the chidden sufferer; and this was uttered in a voice half suffocated with passion.
'Cruel, indeed! Every thing is cruel that contradicts the wishes of young ladies, whose melting tenderness is ruinous to themselves and to every body that ought to be most dear to them.'
'You must pardon me, madam, for again and again repeating, in my own defence, that there is no part of my conduct which can justify such an accusation.'
'How, Miss! Is an avowed partiality for a fortune-hunter no proof? Is it no stain on the character of a modern young lady? Is it no insult to her family?'
'It was a partiality which had never been avowed, till death had put an end to hope. It was produced and counteracted by very extraordinary circumstances: but, however strong it might be at some moments, which I acknowledge it was, for I disdain falsehood, it was not indulged. I needed no monitor to shew me there were too many reasons why it ought not to be.'
'I have not patience. A runagate! A vagabond! A gambler! A prize fighter! One of the lowest and most contemptible of adventurers! who had betrayed his patrons, who had flown in the face of his benefactors, who was capable of every kind of malice and mischief, and who had not a single virtue!'
'Madam, I cannot listen to such an assertion as that, however I may offend you, without continually protesting it is unfounded; and that you have been greatly misinformed. I scorn to apologise for his mistakes: but I know that he had virtues which those who have given you this character of him are never likely to possess. How he could be guilty of the crimes of which he has been accused I cannot conceive. Even when a boy, I have heard him express sentiments which I shall never forget; and which have since been confirmed by his actions. You were acquainted with none of them. You speak from report; and from report which I am sure was false, and wicked. His heart I know to have been compassionate, his principles such as no mean mind could have conceived, and his courage blameably great; though it saved my life. [Tears half choaked her utterance.] But for him I should have been where he now is: a different train of events might have taken place, and he perhaps might have been living. I owe him my life, and you must forgive me if I cannot sit patiently and hear his memory traduced without the least occasion: for, [Her sobbing could not be stifled.] since he is dead, you can no longer think him dangerous.'
Oh Olivia!
Gracious God! What were the throbs the thrillings, the love, the indignation, the transports, of my soul! How did a few moments raise and allay in me the whirlwind of the passions! How did my frame tremble, and madden, and shiver, and burn! How were my lips at once bursting with frenzy and locked in silence! It was my guardian angel that protected me, that pleaded for me, that awed me to patience, and that repaid by her seraphic praise the virtue she had inspired!
Oh, yes, it was Olivia! It was she herself that had the justice, the fortitude, and the affection, to assert the dignity of truth, to controvert an overbearing aunt whom she revered, for this aunt had her virtues, and to speak in defiance of that hypocrisy which inculcates the silence that intends to deceive, and which teaches females that sincerity is an unpardonable vice.
CHAPTER XI
False conclusions rectified: A lover's reveries: The dangers of a stage-coach, in a dark night and a fog: The discovery of more old acquaintances, and the journey pursued
It has been truly remarked that the most serious and even the most dignified emotions are sometimes mingled with the most ludicrous. When the divine Olivia had ended, there was a momentary pause; and Clarke, meditating no doubt on the advantages of which he had been deprived, and to the enjoyment of which every man feels he has a right, directing his remark to me, suddenly exclaimed—'What would I give now if I understood all that these ladies were saying as well as you do!'
'Est-ce donc que Monsieur scait parler Francois?—What, sir! Can you speak French?' said the aunt with a burst of surprise.
'Yes, madam,' answered I; in a low and tremulous voice.
'Gesu Maria! Chi l'avrebbe pensato! Parliamo Italiano, Signora. Good God! who could have thought it! Let us speak Italian, Miss,' continued she: but, suddenly recollecting herself, added—'Perhaps, sir, you speak that language, too?'
'Yes, madam.'
A dead silence ensued; which was only once or twice interrupted by an exclamation of discontent from the aunt. Each became busied with their own thoughts: mine were distracted by doubts and apprehensions, concerning the manner in which I ought to act. I could come to no determination. To be seen by the aunt would not only have wounded her pride, and if possible have rendered her more implacably my mortal enemy than she had been, but it would have subjected Olivia, toward whom my heart was bursting with affection, to a series of new assaults and persecutions. Nay the sudden sight of me might overpower her, and even have dangerous effects. Such at least were the whisperings either of my tenderness or my vanity. And yet to miss this opportunity, to acquaint her with none of those overwhelming sensations that were all thankfulness, love, and adoration, and not so much as to inform her that I was still living, still perhaps capable of all the good that she had ever supposed of me, was in every view of it tormenting. How had she struggled to conceal her emotions when she mentioned my death, and that I had saved her life! Should I deserve this tenderness, if I could leave her to grieve a moment longer? Such unkindness were not only unworthy of me, but might be dangerous: it might even risk her compliance to the proposed match.
And here a torrent of painful anxieties and surmises rushed upon me. The hateful subject was brought fully to my recollection. Andrews was no longer the rival I had to dread. A lord had entered the lists: a peer of the realm had sued for Olivia. Who could he be? Was it likely that she should long withstand the solicitations of her aunt, endure her bitter upbraidings, and suffer the rude taunts of her brother, while rank and splendor were courting her acceptance, while coronets were crouching at her feet and supplicating her compassion? Which of our ancient barons could he be? How should I learn? Was he young, handsome, courteous, engaging? Had he the virtues and the high qualities which imagination is so apt to attach to the word noble?
Another train of conjecture seized upon my thoughts. How did it happen that they should believe me dead? Who were the authors of this false report? It must surely be intentional deceit; perhaps of the aunt, perhaps of Hector; invented to induce her to comply with their wishes, and ally them to the peerage. I must not suffer it to continue. The aunt appeared to believe it; and that Olivia had no doubt of it was certain. My fears confirmed me in the suspicion that it was a family artifice.
I was at length awakened from these reveries by the aunt; who expressed her surprise and impatience at the slow driving of the coachman. It seems it had continued for some time, though not remarked by me; and it was not long before the coach stopped, when I perceived that we were in an uncommonly thick fog. Olivia was still silent, but the aunt was alarmed by the voices of men; and, as the darkness and mist prevented all danger of my being known, I opened the coach-door and jumped out; and Clarke followed my example.
I found on enquiry we were passing Cranford-bridge at the beginning of Hounslow-heath, that a broad-wheeled waggon had approached, and that the coachman unable to distinguish the road had alighted to lead his horses, lest we should be overturned. He had trusted the reins to the footman who remained on the box.
By the caution of the coachman, the waggon was safely passed, and he thought proper to mount his box again: but he durst not venture to drive fast; and, as I was alarmed for the safety of Olivia, I and Clarke continued beside the horses.
We had not gone fifty yards before we were again entangled with a timber carriage; the driver of which, embarrassed by the fog, had turned it across the road.
The waters, which lie in the hollows on the Hounslow-side of the bridge, had been greatly increased by the late tempests, and heavy rains. The coach horses began to snort with more vehemence; for they had for some time been disturbed with fright; and one of them, running against the projecting timber, plunged, and terrified the rest: so that the two fore-horses, quitting the road, dashed into the water, dragged the coach after them in despite of the driver, and the near-wheels were hurried down the bank.
It fortunately happened that the declivity was not steep enough immediately to overturn the coach; otherwise Olivia and her aunt would probably have lost their lives.
Bewildered by the fog, neither I nor Clarke could act with that promptitude which we desired. I however got to the horses' heads, myself above the knees in water, and stopped them just in time. I called to Clarke to come to me; and, as I knew him to be both strong and determined, I committed the horses to him and ran to support the carriage, lest it should overturn.
The coachman sensible of his danger, took care to alight on the off-side. The footman did the same; and I, with an air of authority which the circumstances inspired, ordered them to come to me and support the coach. They obeyed. I hastened round to the other side, opened the door, first took out the aunt, and then accomplished the wish of my heart: I held the lovely Olivia once more in my arms, and once more pressed her to my bosom, without the least alarm to her delicacy.
For how many rapturous moments are lovers indebted to accident! Mine indeed would have been a single bliss, and therefore unworthy the name, had not the tenderness and the truth of Olivia so lately been manifested. But this addition made the transport undescribable! To be in my arms yet not to know me, but to suppose me dead, to feel my embrace and to have no suspicion that it was the embrace of love, to be once more safe and I myself once more her protector, oh Imagination! Strong as thou art, thy power is insufficient for the repetition of such a scene, for the complete revival of such ecstacy!
I was unwilling to part with my precious burthen, which I had no longer any pretence to retain. 'Pray, sir, put me down,' said the angel; with a sweet, a gentle, and a thankful voice. 'We are very safe now: for which both I and my aunt are infinitely indebted to you.'
I could make no reply: but I pressed her hand with something of that too ardent rashness of which the aunt had accused me.
The old lady too did not forget her acknowledgments. She had no doubt now that I was a gentleman. My behaviour proved it. She should be very proud to thank me, in a more proper place, for my civilities; and would endeavour to repay the obligation if I would do her the favour to call in Hertford-street.
Olivia was not one of those who think only of themselves. 'Having been so good, sir,' said she, 'as to take us out of danger, perhaps you could be serviceable to the poor coachman.'
'Let me first see you back to the inn, ladies.'
'Some accident may happen in the mean time. The horses are unruly. We will stay here till all is safe.'
The advice was just, and it came from Olivia. I obeyed and hastened to the coachman; who was busied in loosing the traces, and relieving the horses from the carriage. This was presently done; and the coach was left, till proper aid and more light could be obtained.
I then returned to Olivia; and, when the coachman came up, the aunt enquired if their danger had been great?
'I don't know, madam, what you may call great,' answered he; 'but, if that gentleman had not stopped the cattle, and if the near wheels had gone one yard nay two feet farther I should have had an overturn; and then how either you or I could have got out of that gravel pit is more than I can tell. For my own part, I know, I thank him with all my heart; and the other gentleman too: for it is not often that your gentleman are so handy. Instead of helping, they generally want somebody to help them. I hope they'll be civil enough to take a glass with me. By G—— they shall go to the depth of my pocket, and welcome.'
'If that be the case,' replied the aunt, 'we are all very much obliged to them indeed! But I will take care never to travel in a fog again.'
Just as this was passing, we heard at a distance, and as if coming from the inn, a shouting of 'Hollo! Hoix! Coachee! Coach! where are you all?'
'I declare,' said the aunt, 'that is my nephew's voice! This is very lucky! He will now take us in his phaeton.'
'Surely, madam,' exclaimed I, 'you would not trust yourself and this young lady in a phaeton such a night as this; when you see the most experienced drivers are liable to such accidents?'
'If the lady does,' continued the coachman as he was going, 'why I shall suppose she does not value a broken neck of a farthing.'
We then proceeded back to the inn, and were presently joined by Hector; whom the aunt immediately began to rate.
While she was thus employed, I, endeavouring to disguise my voice, as I had before done in the few sentences I had uttered, and addressing myself to Olivia, said, 'I should be exceedingly concerned, madam, if I thought you would suffer Mr. Mowbray to drive you home till day light shall appear.'
'I certainly shall not, sir;' answered she. 'But do you know my brother?'
'Madam!'
'You are acquainted with his name; and I don't recollect that it has been mentioned.'
I hesitated, Hector turned upon us, we were approaching the light, and, with a suddenness which fear and passion inspired, knowing that Mowbray did not understand Italian, I said in an under voice—'Il Signer Hugo Trevor non e morto, bellissima Signora; Mr. Trevor is not dead, dearest lady'—At the same instant I snatched her hand, pressed it, was about to raise it to my lips, but recollecting myself, turned short round, and added, 'Addio!'
Clarke was at my back; and I plucked him by the coat, and whispered—'Come with me.'
But what of Olivia? Was she dead to feeling at this strange mysterious moment? Did no rushing torrent of ideas suddenly overwhelm her? The man whose loss she had lamented not in his grave; that man again her saviour, her guardian genius in the dark hour of dread and danger; acquainted in a way the most extraordinary with her thoughts, and favourable wishes; or, as she was too severely inclined to term it, her passion and its folly; a witness that she did not credit all which malice could urge against him, nor listen in base silence when her perhaps too partial heart pleaded in his behalf; nay more, that man the protector of her aunt, by whom he had been so often and so bitterly reviled; that man travelling in obscurity; in familiar society with a carpenter, yet braving peril in her behalf, and shunning the thanks which the uncommon services he had rendered might boldly make him claim; avoiding them most certainly because of the mean condition to which he was reduced; faithful in his affection; for such his behaviour spoke him; but unfortunate, depressed, despised; sinking under poverty; languishing away his youth; or crushed by accumulating disasters!—Did no such fears, no such tender recollections, assail her bosom?—I have described her ill indeed if that could be supposed. I must pursue my narrative: for how can I picture what most indubitably must have passed in her heart, since I feel myself so very incapable of delineating my own!
This adventure did not entirely end here. I wished to have gone forward on foot to Hounslow without delay: but Clarke interceded, for a glass of brandy. He said the water had chilled him; and he was still more importunate with me to take the same preventative. I had no fear for myself; for I had no such feeling: but, as I did not think I had any right to trifle with his health, I returned with him; taking the precaution to go through the passage to the kitchen door.
Here, just as we came to the threshold, who should be coming in face of us, carrying a pair of candles, but my quondam servant, Philip!
The instant he beheld me, he turned pale, trembled, set down the lights, stood aghast for a moment, and then took to his heels.
Though not so terrified, I was almost as much surprised as he; and suffered him to escape before I had the presence of mind to know how to act. As however it was my plan to avoid being known myself for the present, I thought proper to make no other enquiry than to ask whose servant he was? and was answered that he came with the ladies, who had just returned from the coach.
Various conjectures instantly crossed my imagination; all of which were associated with the sudden flight from Bath, the robbery he had committed, the seeming honesty and even affection of his character previous to that event, his now being in the service of Olivia, for I understood him to be her own valet, and the story of my death. But, though my curiosity was greatly excited, the present was not the time in which these mysteries could be unravelled. We therefore took Clarke's prescription against cold; and, leaving Cranford bridge, pursued our road to Hounslow: where we arrived about eleven o'clock, and put up at an inferior inn lest any accident should bring us again in company with the aunt and the nephew.
CHAPTER XII
Meditations on what had passed: The condolence of Clarke: Arrival at London: The meeting of former friends: Law arrangements
It may be well supposed that the incidents of this night were not easily driven from my imagination. While we were walking, the care we were obliged to take, and the gloom around us, prevented any thing from escaping me sufficiently marked to attract the notice of my companion. But, when we were seated in a room with lights, and my mind was no longer diverted by other objects, the reveries into which I fell, the interjections that broke from me, the hasty and interrupted manner in which I ate and drank, the expressions of extreme joy which altered my countenance at one moment, and the solemn seriousness which it assumed the next, with my eyes fixed, while the tears rolled down my cheeks, at last so agitated poor Clarke that he exclaimed—'For God's sake, Mr. Trevor, what is the matter with you?'
My silence, for I was unable to speak, did but increase his alarm—'Are you taken ill? What has befallen you? Won't you open your mind to me? If I could do you any good, I hope you don't think I should be backward? Are you unhappy?'
'No, no.'
'I am very glad of that. But something uncommon I am sure has happened to you: though it may not be fit perhaps that I should hear what. And I don't want to be a busy body; though I must say I should be more at ease, if I was quite sure that all was right. That's all. I have no other curiosity.'
'All is not right: but yet I hope it will be. I know not by what means. It seems indeed impossible! And perhaps it is; and yet I hope! I hope! I hope!'
'Well, well: I am glad of that. We should all hope. We are bid to hope. God help us if we did not. Perhaps I can't give you any help? I suppose that is beyond me. I am sorry for it. But what can a poor carpenter do, in the way of befriending a gentleman?'
'A poor carpenter can have a kind heart; and I do not know whether that is not the most blessed thing on earth! Did you ever hear me repeat the name of Olivia?'
'Yes; when you were light-headed, I heard the name many a time and often. And the nurse said you raved of nobody else. But we could none of us find out who she was. Though, I must say, I have often enough wished to ask: but that I did not think it became me to seem to be at all prying.'
'That is the lady you have been in company with to-night. It is she whom you have helped me to save. I was sufficiently indebted to you before: but what am I then at present?'
'Well, that to be sure is accidental enough! I could not have thought it! How oddly things do fall out! But I am glad of it with all my heart!'
'I could not see much of her, to be sure; though I looked with all the eyes I had: but I thought somehow she seemed as fine a young creature as I had ever beheld since the hour I was born; which the mildness of her voice did but make the more likely. I thought to myself, I never in my days heard any living soul so sweet-spoken. So that I must say things have fallen out very strangely.
'I always said to my Sally, there must be something between you and the gentlewoman the name of which was on your tongue's end so often, while you were down in the fever; and I am glad to the heart that you have happened on her again so unexpectedly: though I can see no good reason, now you have found her, why you should be in such a hurry to get away.'
The unaffected participation of Clarke in all my joys and sorrows, the questions which his feelings impelled him to put, and the fidelity of his nature, as well as the impulse which passion gave me to disburthen my mind, were all of them inducements to speak; and I informed him of many of those particulars which have already been recited.
The more intimately he became acquainted with my history, the more powerfully he seemed imbued with my hopes and fears; and the better satisfied I was with the confidence I had reposed in him. I am unable to paint the honest indignation of his feelings and phraseology at the injustice which he as well as I supposed had been done me, the depression of his countenance when I dwelt on the despair and wretchedness which the almost impossibility of my obtaining Olivia inspired, and the animation with which he seemed as it were to set his shoulders to the wheel, when my returning fervor led me to the opposite extreme, and gave me confidence in my own powers and the strenuous exertions on which I was resolved.
The conversation continued long after we retired to rest; so that our sleep was short: for we were up again very early, before it was light, and continued our journey to London; where we arrived a little after nine in the morning.
I immediately proceeded to the lodging of Miss Wilmot; whom I found where I had left her, and who was truly rejoiced to see me. Clarke had never been in London: I therefore took him with me, gave a proper account of him to Miss Wilmot, and we all breakfasted together, while Mary waited; whose features as well as her words sufficiently testified the unexpected pleasure of the meeting, and who artlessly related the apprehensions of herself and my few friends, at not hearing from me.
My first enquiries were concerning Wilmot and Turl; and I was delighted to learn that Wilmot, whom I left in a sickly state of mind that was seriously alarming, had been awakened by Turl to a more just sense of human affairs; and had recovered much of the former vigour and elasticity of his talents.
His sister told me that he was at present engaged in a periodical publication; and had beside composed a considerable part of a comedy: of which Turl, as well as herself, conceived the greatest hopes.
The reader scarcely need be told that this intelligence gave me great pleasure. It led me to revolve mighty matters in my own mind, created emulation, and inspired me with increasing confidence and alacrity. Yes, said I, exultingly, genius may safely encounter and dare difficulties. Let it but confide in itself and it will conquer them all.
While we were conversing Wilmot came in.
I must leave the imagination to paint the welcome we gave each other.
I was surprised at the change which had taken place in his form and physiognomy; and at the different aspect they had assumed. Not that the marks of melancholy were quite eradicated: but, when I considered his whole appearance, he was scarcely the same person.
I produced surprise in him of a contrary kind. There was neither the wonted freshness of my complexion nor the fashionable ease of my air and dress, which he had remarked but a few months before; and he took the first private opportunity that offered to enquire, with great earnestness, if there were any means by which he could be of service?
Under the general selfishness which our present institutions inspire, such questions are wonderfully endearing. I answered him that I had found a friend, whose principles were as liberal and enlarged as they were uncommon; and that I would take an early occasion to give him an account of my present designs, and the posture of my affairs.
He informed me that the severe application of Turl had enfeebled his health, and had induced him to reside for a few weeks at a small place by the sea-side, that he might enjoy the benefits of bathing and the fresh breezes; for which purpose he had left London the week before: that neither Wilmot nor Turl himself considered his case at present as the least dangerous, but that they had both agreed this was a prudent step; and that he had received a letter from Turl, informing him of his safe arrival; and that he thought he had already derived benefit and animation from the journey.
Turl was not a man to be known and to be thought of with apathy. The intelligence Wilmot gave me, softened as it was by the circumstances attending it, produced a very unpleasant feeling. The possibility of the loss of such a man, so wise, so benevolent, and so undaunted in the cause of truth, was a sensation for which I have no epithet. Wilmot perceived what passed in my mind, and again assured me of his thorough persuasion that there was not any danger.
We passed as much of the morning together as Wilmot could spare from his occupations; after which we parted, and each proceeded on his own concerns: I to enquire after a dwelling-place; and he to his literary engagements: while Clarke, instructed by Mary, went in search of a lodging for himself through those streets that were most likely to afford him one at a reasonable rate.
Mr. Evelyn had a relation of a younger branch of the family in the law, whose name was Hilary, to whom I was recommended; and from whom I received the utmost attention, in consequence of the letters I brought. This gentleman was an attorney of repute, a practitioner of uncommon honesty, assiduous and capable as a professional man, a firm defender of freedom even to his own risk and detriment, a sincere speaker, a valuable friend, and in every sense a man of worth and principle.
Happy at all times to oblige, he willingly undertook the task assigned to him by Mr. Evelyn's recommendation; and, in pursuance of his advice, I hired an apartment in the neighbourhood of Queen's-square Bloomsbury: that I might be within a convenient distance of the inns of Court, yet not entirely buried in the noise and smoke of the disagreeable part of the town.
I likewise informed Mr. Hilary of my determination not to be a dumb barrister; and having, from my appearance and mode of enunciation as well as from the letters of Mr. Evelyn, conceived rather a high opinion of my talents, he applauded my plan: in pursuance of which he recommended me to place myself with Counsellor Ventilate; a man of high situation in the law. I readily consented; and it was agreed that he should speak to that gentleman immediately on the subject, and appoint a meeting.
CHAPTER XIII
More meditations relating to Olivia; concluding with a love-letter: Doubts concerning its conveyance
It cannot be supposed that Olivia was out of my thoughts. Knowing her kindness toward Miss Wilmot, I carefully took the first opportunity to inform the latter of the chief incidents that had passed; and to concert with her some means, if possible, of obtaining an interview.
Miss Wilmot no longer received any pecuniary aid from Olivia. Wilmot considered it as a duty to provide for his sister; and had too lofty a sense of independance to admit the repetition of these favours. Yet how far that pride of heart, which teaches us, not only that we should not submit to receive pecuniary assistance from any human being except from our relations, but that these relations can accept of no relief, however much they may be in need of it, without tarnishing our honor, is a question which deserves to be seriously examined. Not but, at that time, it squared very aptly with my opinions. It may be further remarked of relations that, as they sometimes think they ought only to receive aid from each other, so, they most of them imagine that, from each other, they may unblushingly extort all they can. The generous Wilmot indeed was in no danger of this last mistake.
But though money was no longer a motive for intercourse, between the gentle Olivia and Miss Wilmot, there was no danger that either of the friends would forget the other; and the latter was too sincerely interested in the happiness both of me and Olivia not to be willing to promote that happiness, by every means in her power.
What these means should be was the difficulty we had to solve. To use any kind of stratagem would offend the delicate and justly-feeling Olivia. To come upon her by surprise, even if the opportunity should offer itself, would not be a manly and dignified proceeding.
I had always thought highly of that courage which, mild as her manners were, she never failed to exert on trying occasions. Her defence of me in the coach was a proof that I had not overestimated her fortitude. It likewise shewed that she was under mistakes concerning me that were dangerous, should they remain unexplained; and that, whenever I thought of them, which was but too often, excited my utmost indignation.
Bold however as she was in my defence when she supposed me dead, very different sensations might assail her when she should be convinced (if she still doubted) that I was living. Her submission to her aunt seemed to be unlimited, as long as she supposed that to comply would be less productive of harm than to resist: but I had witnessed that she would not consent to actions of great moment, which her heart disapproved.
These facts made it improbable that she would grant me an interview, without her aunt's knowledge. What then was to be done? A letter, that should fully explain my thoughts, my plans, my determination, and my hopes and fears, appeared to be the most eligible mode. Were I to prompt her to a clandestine correspondence, I was well aware that I should highly and justly offend her. She would consider it as little less than an insult. Her conduct was open, her mind superior to deceit; and to be ignorant of this would be to shew myself unworthy of her. The lover should disdain to excite his mistress to any action which he would disapprove in a wife; and this was a rule not to be infringed, by him who should aspire to the noble-minded Olivia.
To write then I resolved; and in such a manner as to open my whole soul to her, awaken her affections, call forth her admiration, agitate her with pity and love, and ensure her perseverance.
Alas! I took the pen in hand, but was miserably deceived. I had undertaken an impossible task. Thought was too rapid, too multifarious, too complicate; and the tracing of letters and words infinitely too slow, and frigid. At last however, after repeated attempts, I determined on sending the following: with which when written I was very far from satisfied; but of that I despaired.
* * * * *
'To the woman whom my soul adores how shall I address myself? Tumultuous thoughts, hopes that vanish, and fears that distract, are ill fitted for such a talk. Governed by feelings which will admit of no controul, I can only claim your pardon on the plea of inability to preserve that silence which it is temerity, or something worse, to break. My thoughts will have passage, will rush into your presence, will expose themselves to the worst of calamities, your reproof and anger. Distracted as I am by a dread of the dangers that may result from my silence, I persuade myself that these dangers are more immediate and threatening, though scarcely more painful, than your disapprobation.
'You have supposed me dead; though by what strange accident I cannot divine. Under that supposition, it was my miraculous fortune, my ecstatic bliss, to hear you, with a purity of heart and a dignity of sentiment such as none but a heart like yours could conceive or express, avow a former partiality in favour of one who, whatever may be his other faults, would gladly resign his life to secure your happiness: of one who, in his over-weening affection has fondly and foolishly cherished the persuasion that this happiness is inseparable from his own: nay who partly hopes and partly believes, so blind is his egotism, that he is the only man on earth who fully comprehends your wonderful worth and matchless virtues; and who is pursuing the fixed purpose of his soul, that of finally deserving you, from the conviction that he through life will be invariable in that admiration, that tenderness, and that unceasing love without which the life of Olivia might perhaps be miserable. These may be the dreams of vanity, and folly: yet, if I do not mistake, they are the dreams of all lovers. They are indeed the aliment or rather the very essence of love. What delight can equal that of revelling, in imagination, on the happiness we can bestow on those who have bliss so ineffable to bestow upon us?
'What then if I were to see this Olivia mated with a man so dull of faculty as soon to lose all sense of the wondrous treasure in his possession: who never perhaps had any discriminating knowledge of its worth; and who shall be willing to barter it for any vile and contemptible gewgaw that may allure his depraved taste, or sickly appetite? Is there no such man? Are these fears wholly groundless?
'At what an immeasurable distance do I seem cast from the enjoyment of that supreme bliss to which, perhaps, the frenzy only of imagination could make me aspire! There is but one means by which I can be happy. Either I am to be the most favoured of mankind, or I am nothing. Either I rise into godlike existence, or I sink unknown and never to be remembered. Either we are made for each other, or—I dare not think on the reverse. It is too distracting.
'Yet I have no hope! What I now write is presumption, is madness! And why? It is not your beauty, your virtues, or the supreme qualities of your mind that would raise this gulph of misery between us. No. Avarice, vanity, and prejudice are my enemies. It is they that would sacrifice you at their altars. That you will persevere in your refusal is my only hope.
'How shall I palliate, what I cannot defend, my behaviour while I overheard you and your aunt? In vain do I plead that I was asleep, when you came into the coach; and that I first discovered you by the sound of your voice and the turn of the conversation; that I dreaded exciting any sudden alarm in you: perhaps it was a vain dread: and that, when I ought most to have spoken, when I became the subject of the discourse, I was then chained in silence by unconquerable emotions. Yet to be a listener? Indeed, indeed, it is a thing that my soul disdains! But I have done many such things; not knowing, while they passed, what it was that I did.
'My destiny now is to study the law; and to this my days and nights shall be devoted: but the distance at which I see myself from the goal is a thought which I am obliged, by every possible effort, to shut out of my memory.
'I am in want of consolation; but since your society is denied me, I know not where it may be found. I own, there are moments in which I am fearfully agitated. Yet I do not solicit an answer. Let me rather perish than prompt you to an action of the propriety of which even I am obliged to doubt; since it cannot I suppose be done without concealment. Oh that you knew every thought of my heart! You would then perceive the burning desire I have to make myself every way worthy of that unutterable bliss to which I aspire.
'Madman! I aspire?
'With what contempt would such daring be treated, by those whom custom and ties of blood have taught you to revere! I confess this is a thought which I cannot endure. Yet I can less endure to relinquish my impossible hopes. Could you conceive what these contradictory and tormenting sensations are, you would perhaps be induced to pardon some of the extravagant acts which I heard you so mildly, yet so justly, censure.
'To be yours then is the end for which I live; and yet my pride and every other feeling revolts, to think I should entreat you to accept a pauper, either in wealth or principle. Well, then, I will not waste my time, in complaint. Let me become worthy of you, or let me perish! Fool! That is impossible. But if fall I must, I will endeavour to make my ruin respectable.
'Suffer me to inform you that I have lately acquired a friend whose virtues are beyond my praise, and who has urged me to accept his aid, in forwarding my studies and pursuits, as an act of duty incumbent on us both. Our acquaintance has been short; and so, considering the serious nature of the subject, was the debate that led to this conclusion: yet his arguments seemed unanswerable, and I hope I have not yielded too lightly. Oh that it was allowed me to consult your exquisite sense of right and wrong! But wishes are vain.
'Thus far I have intruded, yet know not how to end. My only hope that you will take no offence at what I have written is in the conscious respect that my heart feels for you; which I think cannot have misguided my pen; and the knowledge that you are too just lightly to attribute mean or ill motives to me.
'How languid is all that I have written! Am I so impotent that I can present none of the images that so eternally haunt me, that wing me into your presence, furnish me with innumerable arguments which seem so all-persuasive, melt me in tenderness at one moment, supply me with the most irresistible elocution the next, and convince you while they inspire me with raptures inexpressible? Are they all flown, all faded, all extinct? Where is the fervor that devours me?
'I would pray for your happiness! I would supplicate heaven that no moment of your bliss should be abridged! Shall it then be disturbed by me? Oh no. Unless authorised by hopes, as different as they are wild and improbable, pardon but this, and you shall never more be subject to the like importunity from
HUGH TREVOR.'
* * * * *
Having written my letter, I had to devise the means of having it delivered. If it were addressed directly to her, what certainty had I that it would not be opened by the aunt? Nay was not that indeed the most probable? And would it in that case ever be seen by Olivia? In my apprehension certainly not.
I had then to chuse whether I would send a messenger, who should wait about the house and take some opportunity to deliver it clandestinely; or commit it to the care either of Mary or Miss Wilmot.
The messenger was a very objectionable expedient: it was mean, and liable to detection. The medium of Mary was something of the same kind; and the friendship and intelligence of Miss Wilmot rendered her intervention much the most desirable.
It was a delicate office to require of her. But she could speak the truth: she could say that it was to relate some facts which Olivia might even desire to know, that it contained nothing which I myself should wish her to conceal, if she thought fit to shew it; that it did not invite her to any improper correspondence; and that it was the only one which, under the present circumstances, I meant to obtrude upon her.
That Miss Wilmot might be convinced I had neither deceived myself nor her in this account, which I should instruct her to give of it, I hastened with it to her lodgings, and requested her to read it before it was sealed. Having ended, she was so well satisfied with the propriety both of writing and delivering it that she readily undertook the latter office; and, with her I left it, hoping that Olivia would soon call, would read it in her presence, and that I should quickly learn what might be the sensations it should produce.
CHAPTER XIV
Counsellor Ventilate and the law: Raptures excited by the panegyric of Blackstone: Dialogues legal and political, with characteristic traits
Meantime the appointed interview between me and Counsellor Ventilate took place. This gentleman was characterized by those manners, and opinions, which the profession of the law is so eminently calculated to produce. He had a broad brazen stare, a curl of contempt on his upper-lip, and a somewhat short supercilious nose. His head was habitually turned upward, his eye in the contrary direction, as if on the watch in expectation to detect something which his cunning might turn to advantage, and his half-opened mouth and dropping jaw seemed to say, 'What an immense fool is every man I meet!'
His whole manner and aspect appeared to denote that he was in a continual revery; and that he imagined himself in a court of law; brow-beating a witness, interrogating an idiot, or detailing cases and precedents, to shew the subtlety with which he could mislead and confound his hearers. A split-hair distinction without a difference gave him rapture; and whenever it happened to puzzle, which was but too often, he raised his left shoulder and gave a hem of congratulation to himself: denoting his conviction that he was indisputably the greatest lawyer in the world! And, if the greatest lawyer, he was as certainly, according to his own creed, the greatest man! For the rest of mankind, if put in competition with lawyers, what were they? What but poor, silly, imbecile creatures?
One standard, by which he delighted to measure his own talents, was the length to which he could drawl out a reply. Was there a man to be found who could speak eight hours unceasingly? He would surpass him. When his turn came, nine should not suffice. He would be more dull, contradictory, and intolerable, than his rival by an hour, at least. He would repeat precedents, twist sentences, misconstrue maxims, and so perplex and entangle his own intellect that his hearers had no way of getting rid of the pain he excited; except by falling a-sleep, or determining not to listen. It must be owned however he had some charity for them; for to sleep he gave them a very sufficient provocative.
Being one of the retainers of government, he had a seat in the House of Commons: where he used to rise in his place and address the Speaker, with no less logic, love of justice, and legislative wisdom, than he was wont to display when pleading in the courts.
It was in vain that he exposed himself to the ridicule of this most discerning body, not less witty than virtuous. Of shame he was incapable. He would again and again rise in his place, totally forgetful of past flagellation, and again and again convince Mr. Speaker and the honorable members: persisting to labour, in the hope of making them all as profound reasoners as himself. No matter that the thing was impracticable: he would get up and do his duty, and sit down and receive his own applause.
To mention shame in this case was indeed absurd. How should a man blush at reproof which he cannot comprehend? His skull was so admirably fortified, by nature, that it was equally impenetrable to the heavy batteries of argument or the skirmishing artillery of wit. Let the cannon roar: he heard it not. He was abstractedly contemplating those obscure depths in which he remained for ever seated; and where he had visions innumerable, though he saw nothing.
One favourite and never-failing object, on these occasions, was to instruct the house in law. And here the devil, who is himself a kind of lawyer, for he devours his best friends, the devil I say chose these opportunities to vent his choicest malice. He did not set a lawyer to confound a lawyer: that were but a stale device. He humbled him out of the mouths of men who had occasionally read law-books, it is true: but who had read them without a lawyers' obliquity; and had enquired what was the simple unadulterated intention of their authors. Now law, which in all its stages has a quibble in either eye, that may mean good or may mean ill, is every where, except in a Court of Justice, capable of a good interpretation. This is not a rule without an exception: but in many cases at least, law has something intentionally beneficial in its principle.
For this beneficent vital-spark every body, but a lawyer, is in search; and it is what every body, but a lawyer, is delighted to find. No wonder therefore that a lawyer should meet discomfiture, and confusion, when he pretends to discuss the abstract nature of justice, in any place except in these aforesaid Courts of Justice.
Thus it happened that Mr. Ventilate was, on all such occasions, confounded in that honorable house, of which he was an honorable member: which indeed, when we remember who were his opponents, was less miraculous than the immaculate conception—Pshaw! I mean the transmigrations—of Vishnoo.
Much of the conceit and ridicule of the character of Mr. Ventilate was apparent, even to my eye, at our first meeting. But he was a person of great practice, and had the reputation of a sound lawyer: which signifies a man who has patience to read reports, and a facility at quoting them. Beside, I was in haste; and rather inclined to leap over an obstacle than to go round it.
Accordingly our arrangements were made, and the next day I attended at his chambers; with a firm and as I supposed not to be shaken determination to become one of the greatest lawyers the world ever beheld.
The first book I was advised to read, as a historical introduction to and compendium of law, was Blackstone's Commentaries. This author had acquired too much celebrity for any man of liberal education to be ignorant of his fame. I therefore began and continued to read him with all the prepossession that an author himself could wish in his favour. The panegyric he makes on English laws, and the Constitution of Britain, gave me delight and animation. The reproof he bestows, on gentlemen who are ignorant of this branch of learning, and on the perplexities introduced into our statute-law by such 'ill-judging and unlearned legislators,' and his praise of the capacity they would acquire for administering justice, to which sacred function they are so often called, were this ignorance removed, gave dignity to the study I was about to pursue.
Then the account given of Servius Sulpicius! who, according to my learned author, 'left behind him about a hundred and four-score volumes of his own compiling!' How wonderfully did it move my admiration! I previously knew that in most countries, which are denominated civilized, law was voluminous: but I had never till then imagined that one man could himself compile a hundred and fourscore volumes! And, as it seems, could compile them at his leisure too: for his chief business was that of oratory! Beside which it lives on record that, being a firm patriot, he was a wise and indefatigable senator! But it appears that Sulpicius could devour law with greater ease than Milo, or perhaps even than Cacus himself, could oxen.
Neither was it recorded that this prodigy of legal learning began young. And should I then despair of equalling him? No, no: get me into one of my trances and, had he compiled as many thousands of volumes, I should scarcely have suspected that I could not compile as fast as he.
As I read on, how did I deplore the quarrel between Vicarius and his opponents: or, in other words, between the pandects and the common law of England: with the ignorance that had nearly been the result! How rejoice in the institution of those renowned hot-beds of law, the Inns of Court: by the aid of which, had not the rage for enacting laws kept pace with the rage for studying them, there were hopes that the whole kingdom would in time have been so learned in the science that every man might indeed have become his own lawyer.
How did I regret that I had not studied common-law while at college! How sympathetic with my author, when he exclaims—'That a science, which distinguishes the criterions of right and wrong; which teaches to establish the one, and prevent, punish, or redress the other; which employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart: a science, which is universal in its use and extent, accommodated to each individual, yet comprehending the whole community; that a science like this should ever have been deemed unnecessary to be studied in a university, is a matter of astonishment and concern!'
How did I bless the memory of Mr. Viner, who had found a remedy for this evil, by establishing an Oxford professorship; and how promise to make myself master of his abridgment, till I had every case it contained at my tongue's end! What were four and twenty volumes in folio? Compared to Sulpicius, it was a trifle!
The eulogium that I next came to on a university education, how grateful was that to my heart! I was not, as my oracle described, though one of the 'gentlemen of bright imaginations, to be wearied; however unpromising the search.' Neither was I to be numbered among those 'many persons of moderate capacity, who confuse themselves at first setting out; and continue ever dark and puzzled during the remainder of their lives.' The law being itself so luminous, there was no fear of that with me.
I met indeed with one overwhelming assertion. 'Such knowledge as is necessary for a judge is hardly to be acquired by the lucubrations of twenty years!'
But this to be sure must be meant of dull fellows. As to the limits of genius, they were unknown.
My pleasure revived in full force, when I arrived at my author's definition of law: which he states to be—'a rule of civil conduct, prescribed by the supreme power in a state; commanding what is right, and prohibiting what is wrong.' What will you say to that, friend Turl? exclaimed I: putting down the book, and pausing. Can any thing be more provident, more wise, more desirable?
In short, I found the writer so clearly understood and satisfactorily explained the nature of law, and the benefits arising from it, that, for my own part, I began to be ashamed of my former stupidity. It was all so self-evident that it seemed disgraceful not to know it as it were by intuition. I was in that precise temper of mind which renders conviction an easy task: for I was in haste to be rich, and famous; and the desire of wealth and fame are two of the strongest provocatives to faith that the sagacity of selfishness has ever yet discovered.
While I was in the midst of all these admirings, my attention was roused by a dialogue that passed between two of my senior fellow-pupils, whose names were Rudge and Trottman, which the former thus began.
'That was a d—— rascally cause we were concerned in yesterday.'
'Rascally enough. But we got it.'
'I can't say but I was sorry for the poor farmer.'
'Sorry! Ha, ha, ha! You remind me of an unfleshed-recruit: or a young surgeon, who has just begun to walk the hospitals. Frequent the Courts, and you will soon learn to forget commiseration, and attend to nothing but law. Docking of entails gives the lawyer as little concern as the amputation of limbs does the surgeon: they are both of them curious only about the manner, and dexterity of the operation.'
'I suppose it will ruin the man.'
'He was a fool for making it a criminal prosecution. He should have brought an action for damages.'
'It is an aggravating thing for a man to have his daughter seduced, be beaten himself because he was angry at the injury, and, when he sues for redress, not only be unable to obtain it, but find his fortune destroyed, as well as his daughter's character, and his own peace.'
'The law knows nothing concerning him, or his fortune, character, peace, or daughter. It is and ought to be dead to private feeling. It must consider nothing but the public benefit: nor must it ever condescend to vary from its own plain and literal construction.'
'That is strange: for its origin seems to have been in those very feelings, to which it is so dead.'
'Undoubtedly. But it provides for such feelings each under its individual class; and if a man, seeking redress, shall seek it under a wrong head, that is his fault; and not the fault of the law.'
'It is a fault, however, that is daily committed.'
'Ay to be sure: or there would be but few lawyers.'
'How so?'
'Why, if a man doing wrong was certain, or almost certain, of being detected and exposed, the chances would be so much against offenders that offences would of course diminish.'
'Then the prosperity of lawyers seems to result from the blunders which they themselves commit?'
'No doubt it does; and, as the blunders are innumerable, their prosperity must be in proportion.'
'There seems to be something wrong in this; though I cannot tell what or why.'
'Ha, ha, ha! You have no cause to complain: you are a lawyer, and your own interest must teach you that every thing is right. Except indeed that the classes or heads I mentioned, and consequently the blunders, are not numerous enough. But, thank heaven, we have a remedy for that: for our statute-books are daily swelling.'
'Why, yes! Some people say they are pregnant with mischief: of which it is further asserted that they are daily delivered.'
'Ay, certainly; and to the great joy of the parents.'
'Who are they?'
'Enquire for the father at St. Stephen's; and for the mother at Westminster-hall. I assure you they are both enraptured at their own offspring. The old lady sits in state, and daily praises her babes with the most doating loquacity. And she does this with so grave a face that it is impossible to forbear laughing, when you hear her. She is so serious, so solemn, so convinced that every thing she utters is oracular, and so irascible if she does but so much as smell a doubt concerning the beauty and perfection of her brats, that there is no scene in the world which tickles my imagination so irresistibly as to watch her maternal visage during her eulogiums, while the big-wigs are nodding approbation; or the contortions of her physiognomy, when any cross incident happens to impede the torrent of her fondness. With all due respect to her motherly functions, she is a very freakish and laughable old lady.'
'You have a turn for ridicule: but I confess, if I thought your picture were true, I do not believe my sensations would be so pleasant as yours appear to be.'
'And why, in the name of common sense?'
'How can one laugh at the mistakes and miseries of mankind?'
'For a very simple reason: because it is the only way that can render them endurable. None but a fool would cry at what cannot be corrected.'
The colloquy between my companions here took another direction, less interesting to me, and left me to pause and ruminate. This picture, said I, is satirical I own: but surely it is unjust. Blackstone, beyond all doubt, understood the science profoundly; and his account of it is very different indeed.
I turned back to the passage I have quoted.
'It distinguishes the criterions of right and wrong; teaches us to establish the one and prevent punish or redress the other; employs in its theory the noblest faculties of the soul, and exerts in its practice the cardinal virtues of the heart: it is universal in its use and extent, is accommodated to each individual, and yet comprehends the whole community.'
How just, how ennobling, how sublime is this praise! To compare it to the doatings of an old woman is extremely false: nay is pernicious; for, by exciting laughter, it misleads the judgment.
My companions being silent, I was impelled to address myself to Trottman. 'I wonder, sir,' said I, 'that you should be such an enemy to law.'
'I an enemy! You totally mistake. I am its fast friend. And with good reason: I find it a very certain source of ease and affluence even to the most stupid blockheads, if they will but drudge on; and of riches, honours, and hereditary fame, to men of but very moderate talents. I may surely expect to come in for my share; and therefore should be a rank fool indeed were I its enemy. I leave that to innovating fanatics. Let them dream, and rave, and write: while I mind my own affairs, take men as they are and ever must be, profit by supporting present establishments, and look down with contempt on the puppies who prate philosophy, and bawl for reform.'
I was stung. Conscious of the turn my own thoughts had taken, I suspected that he had divined this from some words which I might have dropped, and that his attack was personal: I therefore eagerly replied—'Your language, sir, is unqualified.'
'I meant no offence. If you are a reformer, I beg your pardon. I never quarrel about what I have heard certain pompous gentlemen call principles.'
'Then all those persons, who differ in opinion from you, are puppies; and pompous gentlemen?'
'Oh dear, no, sir! Only all those that are absent. The company, you know, according to the received rule, is excepted.'
There was something impudently humble and satirical in his look, while he uttered this: yet so contrived as to make the man appear a pettish angry blockhead, who should take offence at it; and I certainly was not inclined to quarrel with my new comrades, the first day of our acquaintance.
Beside, Trottman was a little insignificant man, in appearance; pot-bellied, of a swarthy complexion, but with keenness, cunning, and mockery in his eye; and whose form and figure, as well as his turn of mind, must have made it ridiculous to have quarrelled with him. I therefore waited for some more fortunate opportunity, to repay him in his own coin: for I was as unwilling to be vanquished by wit, and satire, as by force of argument, or of arms.
Rudge, whose temper was more placid but who had an enquiring mind, said, 'You do not know my friend Trottman yet, Mr. Trevor. He cares but little who has the most reason, so that he may have the most laughter.'
'Life is a journey,' added Trottman; 'and, if I can travel on terra firma, with a clear sky, and a smiling landscape, let those that please put to sea in a butcher's tray, and sail in quest of foul weather.'
'Yes, sir, but the search of ease is the loss of happiness; and to fly from danger is the likeliest way to meet it: that is, when you either seek or fly without a guide.'
'And who is this guide to safety?'
'It is, what you appear to hold in contempt, Principle.'
'Ha, ha, ha! Right! The blind leading the blind. Conjure up one phantom to seek for another. How prodigiously we improve!'
'From what you have said, I am not surprised that you should consider principle as a phantom. But you only quarrel with the word: for, as principle can mean nothing more than a rule of action, deduced from past experience and influencing our present conduct, you, certainly, like other men, act from principle. It is a moral duty to shun pain, and keep your fingers out of the fire.'
'Not if I want to sear up a wound.'
'You are excellent at a shifting blow. But why would you apply the cautery? Because principle, guided by experience, has previously told you that to cauterize is in some cases the way to heal.'
'But empirics, who cauterize without healing, are daily multiplying upon us.'
'Were that granted, it is but empiric opposed to empiric. Men have been groaning under their sufferings for ages; and, since ages have proved that the old prescriptions were insufficient, I can neither see the danger nor the blame of following new.'
'Zeal may be purblind, and perhaps could not see a guillotine: but her neck might chance to feel it.'
'Then you think a guillotine a more terrible thing than a halter, an axe, or perhaps even a rack?'
'It will do more work in less time.'
'And you suppose it to be principle, or if you please innovation, that has given this machine its momentum?'
'Suppose! Is there any doubt?'
'Infinite. I imagine it to be given, if we may be allowed to personify, neither by Innovation nor Establishment; but by the rashness and ill temper with which these heroines have mutually maintained their positions. Innovation struck the ball at first too impetuously: but Establishment took it at the rebound, and returned it with triple violence. Brunswickian manifestoes, and exterminating wars, were not ill adapted to raise the diabolical spirit of revenge. An endeavour to starve a nation, which it was found difficult to exterminate by fire and sword, was not a very charitable act in Madam Establishment. Her swindling forgeries were little better; and that her turn should come, to be starved and swindled, is not miraculous: though it is deplorable. Heaven avert her claims to the guillotine!'
My antagonist had no immediate reply; and Rudge exclaimed, with some satisfaction, 'Why, Trottman, you have met with your match!'
'Not I, indeed,' answered he, peevishly. 'I am only lost in a labyrinth of words; and am waiting for Principle to come and be my guide. But I am afraid she carries a dark lanthorn, which will but blind those that look.'
'I suspect, sir,' said I, 'you are less at loss for a joke than an argument; and that you prefer bush-fighting. For my own part, I love the fair and open field of enquiry.'
'As this is a field that has no limits, nor any end to its cross roads, I am content, as you say, to sit down under my hedge and be quiet.'
'No, no; I did not say that: for I see you love to draw a sly bow at passengers.'
'I have now and then brought down a gull, or an owl.'
'Have you shot any of those birds to-day?'
I felt no compunction in making this triumphant retort to his sneer. And here our dialogue ended. Though it was a kind of declaration of war; I mean a war of words; which, as we became more acquainted, was occasionally waged with some asperity.
But, in one respect, Trottman was my superior. To sneer was habitual to him: but it was always done in a manner which seemed to indicate that he himself had no suspicion of any such intent. So that he continually appeared to keep his temper; and never triumphed so effectually as when he could provoke me to lose mine. On which occasions his additional conciliatory sarcasms, accompanied with smiles denoting the enjoyment of his victory, never failed to make me feel my own littleness. And this is a lesson for which I consider myself as very highly in his debt.
I now pursued my reading; and employed the rest of the day in beginning to copy the manuscript precedents, that were to capacitate me for the practice of law: for the number of which, that were in his possession, Mr. Ventilate was famed.
My ardour however had felt some trifling abatement, by the very different picture and panegyric of the law as given by Trottman, opposed to that I had been contemplating. But I had this very powerful consolation: that, as Trottman knew very little of what I supposed to be the true principles of politics, it was highly probable he was no better acquainted with those of law.
CHAPTER XV
Former resentments revised: Doubts protracted: Conjectures on the sincerity of a delicate yet firm mind
Above a fortnight passed away, during which I received no word of intelligence concerning Olivia. At some moments I felt great affliction from this suspense: at others I collected myself and determined to pursue my plan with all the vigour in which it had been conceived.
In the interval, I wrote several times to Mr. Evelyn. To this I was prompted from the very nature of my engagements and situation. Beside which I had not forgotten my pamphlet against the Earl and the Bishop, that lay ready for publication; though the acrimony of my feelings was much abated. The propriety of making the world acquainted with this affair was one of the subjects of my correspondence with Mr. Evelyn: to whom I had the candour to state my own opinions and sensations, on one part; and, on the other, the objections that had been urged by Turl.
In the history I had given Mr. Evelyn of myself, I was impelled, as well by inclination as necessity, to delineate the character of Turl, with which he could not but be charmed; and with his arguments and dissuasions on this subject. With these the ideas of Mr. Evelyn entirely coincided. He wrote delightful letters; full of animation, feeling, and friendship; and his persuasion therefore had the greater effect.
Wilmot concurred in the opinion of both; and, being thus pressed by the men whom I most loved and revered, I endeavoured to consign my resentment and its effusions to oblivion, and to dismiss the subject entirely from my mind.
At length, my suspense concerning Olivia found some, though far from a satisfactory, relief.
As she had paid no visit to Miss Wilmot, the latter of course had found no opportunity to deliver my letter. One evening, however, as I was sitting after tea with Miss Wilmot and her brother, a note came of which the following were the contents.
'Miss Mowbray presents her kind and tenderest respects to Miss Wilmot, and informs her that she has been in town for some short time. Assures her that her not having called is far indeed from any decline of former friendship, the sincerity of which is invariable: but that there are motives which prevent her, for the present, from the enjoyment of that satisfaction. She would have been most happy to have communicated her thoughts to Miss Wilmot in person: but she is the slave of circumstances which, for family reasons and indeed from other motives; she is forbidden to explain; and to which she is obliged to submit. She confides in the goodness and friendship of Miss Wilmot, who she is well assured will not misinterpret that which is unavoidable; and, cherishing the hope of a more favourable opportunity, wishes her all possible happiness: requesting that, if by any means in her power it can be increased, Miss Wilmot will acquaint her with those means: that she may have the wished-for occasion of proving the ardour and sincerity of her affections.
'Hertford-street, Nov. 17th'
* * * * *
Miss Wilmot gave me this note to read; and the commentary I immediately made was that, finding I was alive, the fear of a rencontre with me was the obstacle to her visits.
They agreed that this was a very probable supposition: but how far the aunt was any way concerned in it was matter of more uncertain conjecture. Miss Wilmot knew that Olivia had informed her aunt of the visits she was before accustomed to make; and, as her ideas concerning sincerity were delicately strict, it was more than probable that she had disdained to conceal any of the circumstances with which she herself was acquainted. I therefore thought it almost indubitable that she had been no less frank on the present occasion than was habitual to her on others; and time afterward discovered that my conclusions were right.
'With what unequal weapons,' exclaimed I, 'do the lovers of truth and the adherents of hypocrisy contend!'
'They do indeed,' replied Wilmot. 'But, contrary I believe to your supposition, the former have infinitely the advantage: for the latter systematically deceive themselves.'
What was to be done? Was I to pursue some covert mode of conveying my letter? Should I send it openly? Or ought I to let it remain, and patiently wait the course of events, which, by endeavouring to forward, I might but retard? Wilmot, who, though he had too much sympathy to communicate all his fears, had but little expectation, judging from the failure of his own plans of the success of mine, advised me to the latter; and, perplexed as I was with doubt and apprehension, I followed this advice.
END OF VOLUME IV
VOLUME V
CHAPTER I
A cursory glance at law fictions: Legal suppositions endless: The professional jargon of an attorney: An enquiry into the integrity of barristers and the equity of decisions at law: A. and B. or a case stated: A digression from law to philosophy
In the mean time, my application to the law was incessant; and consequently my intercourse with lawyers daily increased. I endeavoured to load my brain with technical terms and phrases, to understand technical distinctions, and to acquaint myself with the history of law fictions, and the reasons on which they had been founded.
To these subjects my attention had been turned by Mr. Hilary; who, being a Solicitor, was well acquainted with the value of them, to the man who meant to make himself a thorough lawyer.
The consideration of this branch of law staggered my judgment. Trottman and Hilary were intimate. The latter had invited us and other friends to dinner; and, as I found the acuteness of Trottman useful to me in my pursuits, I took this and every occasion to put questions: which he was very ready to answer. As it happened, my enquiry on the subject of law fictions brought on the following dialogue: which was supported by Trottman entirely in his own style.
'According to your account then,' said I, in answer to a previous remark, 'in Banco Regis the King is always supposed to be present.'
'No doubt, what question can there be of that? One invisible kind of being can as easily be supposed as another. And I hope you will not dispute the actual presence of that pleasant gentleman called the devil, in any one of our courts?'
'By no means!'
'As for his majesty, he, God bless him! by the nature of his office is hic et ubique: here, there, and every where. He is borne in state before each Corporation Mayor, whether Mr. or My Lord; and reposes peacefully in front of Mr. Speaker, or the Lord High Chancellor: investing them by his sacred presence with all their power.'
'How so?'
'How so! Do you forget the mace upon the table?'
'Authority then has that virtue that, like grace divine into a wafer, it can be transfused into wood.'
'Yes. A lord's white wand, a general's baton; a constable's staff. It is thought necessary, I grant, in some of these cases that the block should be carved and gilded.'
'Well, the position is that, in Banco Regis, the King is always present.'
'So says the law.'
'But the law, it appears, tells a lie; and, from all that I have heard, I wish it were the only one that it told.'
'Could the law hear, sir, it would take very grave offence at your language. It only assumes a fiction.'
'John Doe and Richard Roe, who are the pledges of prosecution, are two more of its supposes, or lies. I beg pardon. I should have said fictions.'
'Why, yes: considering that John Doe and Richard Roe never made their personal appearance in any court in the kingdom, were never once met, in house, street, or field, in public, or in private, nay had never yet the good luck to be born, they have really done a deal of business.'
'They resemble Legion, entering the swine: they plunge whole herds into the depths of destruction.'
'Or, if you will, they are a kind of real yet invisible hob-goblins: by whom every human being is liable to be haunted. It must however be allowed of them that they are a pair of very active and convenient persons.'
'To lawyers. But God help the rest of mankind! Are there many of these fictions?'
'More than I or any man, I believe, can at one time remember.'
'From the little I have read, this appears to be a very puzzling part of the profession.'
'Not at all; if we will take things as we find them, and neither be more curious nor squeamish than wise. I will state the process of a suit to you; and you will then perceive how plain and straight-forward it is. We will suppose A the plaintiff: B the defendant. A brings his action by bill. Action you know means this: 'Actio nihil aliud est quam jus prosequendi injudicium quod sibi debelur:' or, 'a right of prosecuting to judgment, for what is due to one's self.' B is and was supposed to be in the custody of the Marshal. Observe, supposed to be: for very likely B is walking unmolested in his garden; or what not. B we will say happens to live in Surrey, Kent, or any other county, except Middlesex; and is supposed to have made his escape, though perhaps he may have broken his leg, and never have been out of his own door. And then the latitat supposes that a bill had issued, and further supposes that it has been returned non est inventus, and moreover supposes it to have been filed. B lives in Kent, you know; and this latitat is addressed, in supposition, to the Sheriff of the county, greeting; though as to the Sheriff he neither sees, hears, nor knows any thing concerning it; and informs him that B (notwithstanding he is confined to his bed by a broken leg) runs up and down, in supposition, and secretes himself in the Sheriff's county of Kent: on which—'
'I beg your pardon: I cannot follow you through all this labyrinth of supposes.'
'No! Then you will never do for a lawyer: for I have but just begun. I should carry you along an endless chain of them; every link of which is connected.'
'And which chain is frequently strong enough to bind and imprison both plaintiff and defendant.'
'Certainly: or the law would be as dead in its spirit as it is in its letter.'
'I fear I shall never get all the phrases and forms of law by rote.'
'Why, no. If you did, heaven help you! it would breed a fine confusion in your brain. You would become as litigious and as unintelligible as our friend Stradling.'
'Mr. Stradling,' said Hilary, 'is one of my clients: an unfortunate man who, being a law-printer, has in the way of trade read so many law-books, and accustomed himself to such a peculiar jargon, as to imagine that he is a better lawyer than any of us; so that he has half-ruined himself by litigation. He is to dine with us, and will soon be here.'
'I will provoke him,' continued Trottman, 'to afford you a sample of his gibberish; you may then examine what degree of instruction you suppose may be obtained from a heterogeneous topsy-turvy mass of law phrases.'
'But why irritate your friend?'
'You mistake. He has it so eternally on his tongue that, instead of giving him pain to shew the various methods in which he supposes he could torment an antagonist at law, it affords him the highest gratification.'
'Our friend Hilary here is better qualified for the task of instruction; but he feels some of your qualms; and is now and then inclined to doubt that there is vice in the glorious system which regulates all our actions.'
'I deny that it regulates them,' said Hilary. 'If people in general had no more knowledge of right and wrong than they have of law, their actions would indeed be wretchedly regulated!'
This was a sagacious remark. It made an impression upon me that was not forgotten. It suggested the important truth that the pretensions of law to govern are ridiculous; and that men act, as Hilary justly affirmed, well or ill according to their sense of right and wrong.
Mr. Stradling soon after came; and Trottman very artfully led him into a dispute on a supposed case, which Trottman pretended to defend, and aggravated him, by contradiction, till Stradling roundly affirmed his opponent knew nothing of conducting a suit at law.
The volubility of this gentleman was extraordinary; and the trouble I thought myself obliged to bestow, at that time, on the subject could alone have enabled me to remember any part of the jargon he uttered, in opposition to Trottman: which in substance was as follows.
'Give me leave to tell you, friend Trottman, you know nothing of the matter; and I should be very glad I could provoke you to meet me in Westminster-hall. If I had you but in the Courts, damn me if you should easily get out!'
'I tell you once more I would not leave you a coat to your back.'
'You! Lord help you! I would traverse your indictment, demur to your plea, bring my writ of error, nonsuit you. Sir, I would ca sa fi fa you. I would bar you. I would latitat you, replevin you, refalo you. I would have my non est inventus, my alias, and pluries, and pluries, and pluries, ad infinitum. I would have you in trover; in detinue; I would send your loving friend Richard Roe to you. I would eject you. I would make you confess lease entry and ouster. I would file my bill of Middlesex; or my latitat with an ac etiam. Nay, I would be a worse plague to you still: I would have my bill filed in B.R. I would furnish you with a special original for C.P. You talk! I would sue out my capias, alias, and pluries, at once; and outlaw you before you should hear one word of the proceeding.'
Bless me, thought I, what innumerable ways there are of reducing a man to beggary and destruction according to law!
Trottman thus provokingly continued.
'My dear Mr. Stradling, your brain is bewildered. You go backward and forward, from one supposition to another, and from process to process, till you really don't know what you say. If I were your opponent, in any Court in the kingdom, I should certainly make the law provide you a lodging for the rest of your life.'
'Bring your action! That's all! Bring your action, and observe how finely I will nonpros you: or reduce you to a nolle prosequi. You think yourself knowing? Pshaw. I have nonsuited fifty more cunning fellows, in my time; and shall do fifty more.'
God help them! thought I.
'I have laid many a pert put by the heels. You pretend to carry an action through the Courts with me! Why, sir, I have helped to ruin three men of a thousand a year; and am in a fair way, at this very hour, of doing as much for a Baronet of five times the property.'
I listened in astonishment.
'And do you take a pleasure in remembering this?' said Hilary.
'Pleasure!' answered Stradling; staring. 'Why, do you think, Mr. Hilary, I should have taken a pleasure in ruining myself? What did I do but act according to the laws of my country? And, if men will oppose me, and pretend to understand those laws better than I do, let them pay for their ignorance and their presumption. Let them respect the law, or let their brats go beg.'
'The law I find, sir,' said I, 'has no compassion.'
'Compassion, indeed! No, sir. Compassion is a fool; and the law is wise.'
'In itself I hope it is: but I own I doubt the wisdom of its practice.'
'But this practice, you must know,' said Trottman, with a wink to Stradling, 'Mr. Trevor means to reform.'
'Oh,' replied Stradling, 'then I suppose, when the gentleman is at the bar, he will never accept a brief, till he has first examined the equity of the case.'
'That, sir,' I replied, 'is my firm intention.'
'Ha, ha, ha! Mr. Trevor, you are a young man! You will know better in time.'
'And do you imagine, sir, that I will ever hire myself to chicanery, and be the willing promoter of fraud? If I do, may I live hated, and die despised!'
'Ay, ay! Very true! I don't remember that I ever met with a youth, who had just begun to keep his terms, who did not profess much the same. And, which is well worthy of remark, those that have been most vehement in these professions have been most famous, when they came to the bar, for undertaking and gaining the rottenest causes.'
'You shall find however, sir, that I shall be an exception to this rule.'
'Excuse me, Mr. Trevor, for not too hastily crediting hasty assertions. I know mankind as well as I know the law. However, I can only tell you that if your practice keep pace with your professions, you will never be Lord Chief Justice.'
'Do the judges then encourage barristers, who undertake the defence of bad and base actions?'
'To be sure they do. They sometimes shake their heads and look grave: but we know very well they defended such themselves: or, as I tell you, they would never have been judges. If two men have a dispute, one of them must be in the wrong. And who is able to pronounce which, except the law?'
'My dear Mr. Stradling,' said Trottman, 'you are again out of your depth. When two men dispute, it almost always happens that they are both in the wrong. And this is the glorious resource of law; and the refuge of its counsellors, and its judges.'
Trottman and Stradling were accustomed to each other's manner; and, notwithstanding the language they used, nothing more was meant than a kind of jocular sparring: which would now and then forget itself for a moment, and become waspish; but would recollect and recover its temper the next sentence.
I replied to Trottman—'It is true that, when two men dispute, it generally happens they are both in the wrong. But one is always more in the wrong than the other; and it should be the business of lawyers to examine, and of the law to decide upon, their different degrees of error.'
'What, sir!' exclaimed Stradling. 'If you were counsel in a cause for plaintiff A, instead of exposing the blunders and wrongs of defendant B, would you enquire into those of your own client?'
'I would enquire impartially into both.'
'And if you knew any circumstance which would infallibly insure plaintiff a nonsuit, you would declare it to the Court?'
'I would declare the truth, and the whole truth.'
'Here's doctrine! Here's law!'
'No,' said Trottman; 'it is not law. It is reform.'
'It ought to be law. As an advocate, I am a man who hire out my knowledge and talents for the avowed purpose of doing justice; and am to consider neither plaintiff nor defendant, but justice only. Otherwise, I should certainly be the vilest of rascals!'
'Heyday!' thundered Stradling: and, after a pause, added—'It is my opinion, those words are liable to a prosecution, Mr. Trevor; and, by G——, if you were to be cast in any one of our Courts for them, it would be no fault either of the bench or the bar if the sentence of the law, which you are defaming, did not shut you up for life!'
'My friend Trevor mistakes the nature of the profession he is studying,' added Trottman. 'He forgets that the question before a Court is not, what is this, that, or the other; which he may think proper to call justice; but, what is the law?'
'To be sure, sir;' continued Stradling. 'It is that which, as a lawyer, you must attend to; and that only.'
'I will cite you an example,' said Trottman.
'A was a gentleman of great landed property. B was an impertinent beggarly kind of sturdy fellow, his neighbour. A had an estate in the county of —— that lay in a ring-fence: a meadow of nine acres excepted, which belonged to B. This meadow it was convenient for A to purchase; and he sent his steward, who was an attorney, to make proposals. B rejected them. The steward advised A to buy the estate that belonged to C, but that was farmed by B. The advice was followed. The lease of B expired the following year; and a new one was denied by A, unless B would sell his meadow. B consented. A bought the meadow, but determined to have his revenge. For this purpose A refused payment, and provoked B to commence an action. The law he knew very well was on the side of B: but that was of little consequence. Plaintiff B brought his action in Trinity Term. Defendant A pleaded a sham plea: asserted plaintiff had been paid for his meadow, by a firkin of butter: [All a lie, you know.] long vacation was thus got over, and next term defendant files a bill in Chancery, to stay proceedings at law. Plaintiff B files his answer, and gets the injunction dissolved: but A had his writ ready and became plaintiff in error, carried it through all the Courts: from K.B. to the Exchequer-chamber; and from the Exchequer-chamber, as A very well knew that B had no more money, A brought error into Parliament; by which B was obliged to drop proceedings. His attorney, of course, would not stir a step further; and the fool was ruined. He was afterward arrested by his attorney for payment of bill in arrear; and he now lies in prison, on the debtors'-side of Newgate.'
'How you stare, Mr. Trevor!' added Stradling. 'Every word true. We all know a great lord who has carried I cannot tell how many such causes.'
'And were the judges,' said I, 'acquainted with the whole of these proceedings?'
'How could they be ignorant of them? Judgment had passed against defendant A in all the Courts.'
'And did they afford the plaintiff no protection?'
'They protect! Why, Mr. Trevor, you imagine yourself in Turkey, telling your tale to a Cady, who decides according to his notions of right and wrong; and not pleading in the presence of a bench of English judges, who have twice ten thousand volumes to consult as their guides which leave them no opinion of their own. It is their duty to pronounce sentence as the statute-books direct: or, as in the case I have cited, according to precedent, time immemorial.'
'And this is what you call law?'
'Ay! and sound law too.'
'Why then, damn the—'
'You do right to stop short, sir.'
'It appears to me that I am travelling in a cursed dirty as well as thorny road,' said I, with a sigh.
'Why, to own the truth,' added Trottman, 'you must meet with a little splashing: and, unless you can turn back and look at it with unconcern, I should scarcely advise you to proceed.'
'I shall certainly reconsider the subject!'
'A pair of lawyers, like a pair of legs, are apt to bespatter each other: but they nevertheless remain good friends and brothers. If you send your spaniel into a muddy pool, you ought to take care, when he comes out, that he does not shake the filth he has collected over his master.'
'I wonder, sir, that you should continue one of a profession which you treat with such unsparing severity.'
'And I, sir, do not wonder at your wonderings. Life is a long road; and he must have travelled a very little way indeed who expects that it should be all a bowling-green. Pursue your route in which direction you will, law, trade, physic, or divinity, and prove to me that you will never have occasion to shake off the dust from your feet in testimony against it, and I will then pause and consider. You are of the sect of the Perfectibles.' |
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