for fear of attracting the attention of those most interested in thwarting them. Even that part of the affair had been managed somewhat skilful=ly. It was a stroke of Gammon's to advertise not for "Heir-at-Law," but "Next of Kin," as the reader has seen. The former might have challenged a 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 that "deceased person's" heir-at-law. The reader may guess the chagrin of Mr Gammon at the appearance, manner, and character of the person whom he fully believed, on first seeing him at Messrs Dowlas's, to be the rightful owner of the fine estates held by one who, as against Titmouse, had no more real title to them than had Mr Tag-rag; and for whom their house was to undertake the very grave responsibility 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 expend 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, that the high authorities which had sanctioned their proceedings, in point of law, had expressed their favourable opinions on a state of facts, which, however

plain and compact they looked on paper, could not be properly substantiated, if keenly sifted, and determinedly resisted. All this, too-all their time, labour, 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 them with inexpressible disgust, and would have induced them to throw up the whole affair--so getting rid both of it and 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!) what recompense could be too great for such resplendent services? To say nothing of the eclât which it would gain for their office, in the profession and in the world at large, and the substantial and permanent advantages, 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 MrTitmouse's part, of a certain rapacious and litigious humour, which might pleasantly and profitably occupy their energies for some time to come! Their position and interests had long made them sharp observers; but when did

ever before low and disgusting qualities force themselves into revolting prominence, as his 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 where 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, cæteris paribus, keep their superior and practised astuteness in full play. These were difficulties, cheerless enough in the contemplation, truly; but, nevertheless, the partners could not bear the idea of escaping from them by throw ing up the affair altogether. Then came the question-How were they to manage 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, Gammon, and Snap 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 in them; by persuading him of the extent of their exertions and sacrifices on his behalf-they might do something; mould him a little into 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 Gam

mon.

Mr Quirk 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 L.10,000 a-year, and 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, 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 their senior partner. 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 consult. ed in the matter; which had not yet been brought into 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 erelong 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-he was quite up to all those quaint and anomalous proceedings. Well, it was 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 the consequences of Quirk's false move had been retrieved by him-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, 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— Quirk grunted with fright at the bare thought. Then there was a slapping quiddam honorarium extra-undoubt edly for that they must, they feared, trust to the honour and gratitude of Titmouse; and a pretty taste of his quality 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 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 a certain work entitled 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 L.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 endeavouring to disturb the repose of their neighbours, 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.

These are pleasant passages.

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, he said, 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 favourite 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 able to take up the cause of the oppressed, encouraged by the prospect of an ample recompense? If it was said let the claimant sue in forma 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 forma pauperis,) if he should happen to be nonsuited-to be "put to his election, whether to be whipped or pay the costs." 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." I am not very well versed in legal matters; but to the best of my recollection it was something in the nature of a bond, conditioned to pay the sum of ten thousand pounds to Messrs Quirk, Gammon, and Snap, within two months

NO. CCLXXXIX. VOL. XLVI.

2 $

of Titmouse's being put into possession of the rents and profits. 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 Frankledge's note was to that effect; for Sageniously 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 be lieved, 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 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 guessed at. 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 Titmouse the agonies which 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 sate 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 NEIGHBOUR, out of charity and compassion, with impunity; otherwise, the punishment is," &c. &c.

Now, it seemed to Mr Quirk, that the words which I have placed in italics and small capitals, exactly met the case of poor Tittlebat Titmouse. 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 Streetwhere, too, no doubt, he was halfstarved." It's a great blessing that one's got the means-and the inclination, to save one's poor neighbours"thought Quirk, as he slowly swallowed another glass of the wine that maketh glad the heart of man—and also softens it;-for the more he drank, (what else had he to enjoy?—for he had long been a widower,) the more and more pitiful became his mood-the more sensitive was he to compassion

ate suggestions; and by the time that he had finished the decanter, he was actually in tears. These virtuous feelings brought their own reward, toofor, from time to time, they conjured up the faint image of a bond conditioned for the payment of TEN THOUSAND POUNDS!

To change the metaphor a littleby 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 neigh

bour."

The following is an exact copy of it. It had been written by Titmouse, all out of his own head; and with his own hand had he left it, at a late hour on the night before. "To Messrs Querk, Gamon, and Snape.

"Gents,

"Yr Esteem'd Favour his now be fore 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 Favourably 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 near 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 Iv'e 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, says 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 Have 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