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detained in with his letters, and one chief seen peeping out of a pocket in or two other little matters of business the front of it. His hat, with scarce in his library, till luncheon time. any brim to it, was stuck aslant on “ What say you, Kate, to a ride round the top of a bushy head of hair. His the estate ?" said he, on taking his shirt-collars were turned down comseat. Miss Aubrey was delighted; pletely over his stock, displaying a and forth with the horses were ordered great quantity of dirt-coloured hair to be got ready as soon as possible. under bis ciin; while a pair of mous
“ You must not mind a little rough taches, of the sime colour, were riding, Kate, for we've got to go over sprouting upon his iip. A quizzing- , some ugly places. I'm going to meet glass was stuck in his right eye, and Waters at the end of the avenue, about in his hand he carried a whip with a that old sycamore--we must have it shiving silver head. The other was down at last."
nearly as much distinguished by the “Oh no, Charles, no; I thought we elegance of his appearance. He had had settled that last year.”
a glossy hat, a purple-coloured vel" Pno! if it had not been for you, vet waistcoat, two pins connected Kate, it would have been down two by little chains in his stock, a bottleyears ago at least. Its hour is come green surtout, sky-blue trousers. at last ; 'tis indeed, so no pouting! It In short, who should these be but is injuring the other trees; and, be- our old friends Titmouse and Snap? sides, it spoils the prospect from the Whoever they might be, it was plain back of the house."
that they were perfect novices on « 'Tis only Waters that puts all horseback, and their horses had every these things into your head, Charles, appearance of having been much and I shall let him know my opinion fretted and worried by their riders. on the subject when I see him! To the surprise of Mr Aubrey and Mamma, haven't you a word to say his sister, these two personages atfor the old"_
tempted to rein in, as they neared, But Mr Aubrey, not deeming it with the evident intention of speaking discreet to await the new force which to them. was being brought against him, started “ Pray--a-sir, will you, sir, tell off to go round and see a newly-pur- us,” commenced Titmouse, with a chased horse, just brought to the desperate attempt to appear at his stables.
ease, as he tried to make his horse Kate, who really became every stand still for a moment—" isn't there thing, looked charming in her blue a place called
- here his riding-habit, sitting on her horse with horse, whose sides were constantly infinite ease and grace - ~a capital being galled by the spurs of its unhorsewoman. The exercise
conscious rider, began to back a brought a rich bloom upon her cheek; little, then to go on one side, and, in and as she cantered along the road by Titmouse's fright, his glass dropped the side of her brother, no one that from his eye, and he seized hold of met them but must have been struck the pummel. Nevertheless, to show with her beauty. Just as they had the lady how completely he was at dropped into an easy walk-
his ease all the while, he levelled a • Charles,” said she, observing two great many oaths and curses at the horsemen approachingthem,“who can eyes and soul of his wayward brute ; these be ? Did you—did you ever see who, however, not in the least moved such figures ? And how they ride !” by them, but infinitely disliking the
“ Why, certainly,” replied her bro- spurs of its rider and the twisting ther, smiling, “they look like a couple round of its month by the reins, of Cockneys."
seemed more and more inclined for “Good gracious, what puppies !" mischief, and backed close up to the exclaimed Miss Aubrey, lowering her edge of the ditch. voice as they neared the persons she “ I'm afraid, sir, you are not much spoke of.
accustomed to riding. Will you per“ They are a most extraordinary mit me"couple. Who can they be?” said “Oh, yes-ye-ye-s, sir, I am Mr Aubrey, a smile forcing itself uncommon_whee-o-uy! wh-uoy !"into his features. One of them was
(then a fresh volley of oaths.) " Oh, dressed in a light blue surtout, with dear-what-what is he going to do ! the tip of a white pocket-handker- Snap! Snap! 'Twas, however, quite
in vain to call on that gentleman for construed ; so that when, a Sunday or assistance; for he had grown as pale as two afterwards, he met her in the death, on finding that his own brute Park, the little fool had the presumpseemed strongly disposed to follow the tion to nod to her-she having not the example of the other, being particular- slightest notion who he was--and of ly inclined to rear up on its hind-legs. course not, on the present occasion, The very first motion of the sort having the least recollection of him. brought Snap's heart(not large enough, The reader will remember that this perhaps, to choke him) into his little incident made a deep impression mouth. Titmouse's beast suddenly on the mind of Mr Titmouse. * inclined the contrary way;
and The coincidence was really not a throwing its hind feet into the air, little singular. To return to Mr Ausent its terrified rider flying, heads brey and his sister. After riding a over heels, into the very middle of mile or two further up the road, they the hedge, from which he dropped leaped over a very low mound or into the wet ditch. Both Mr Aubrey fence, which formed the extreme and his groom dismounted, and secu- boundary of that part of the estate, red the horse, who, having got rid of and having passed through a couple of its ridiculous rider, stood quietly fields, they entered the lower extreenough. Titmouse proved to be mity of that fine avenue of elms, at more frightened than hurt. His hat the higher end of which stood Kate's was crushed flat on his head, and half favourite tree, and also Waters and the left side of his face covered with his under-bailiff-who looked to her mud—as, indeed, were his clothes all like a couple of executioners, only the way down. The groom (almost awaiting the fiat of her brother. The splitting with laughter) helped him sun shone brightly upon the doomed on again ; and as Mr and Miss Au- sycamore-" the axe was laid at its brey were setting off-“ I think, sir," root." As they rode up the avenue, said he, politely, you were enqui. Kate begged very hard for mercy ; but ring for some place ?"
for once her brother seemed obdurate “Yes, sir," quoth Snap. “Isn't - the tree, he said, must come down. there a place called Ya— Yat— Yat • Remember, Charles," said she,
(be quiet, you brute,) – Yatton passionately, as they drew up, “ how about here?”
we've all of us romped and sported un“ Yes, sir-straight on." Miss Au- der it! Poor papa
also brey hastily threw her veil over her " See, Kate, how rotten it is,” said face, to conceal her laughter, spurred her brother; and riding close to it, with her horse, and she and her brother his whip he snapped off two or three were soon out of sight of the strangers. of its feeble silvery-grey branches
“ I say, Snap,” quoth Titmouse, “ its high time for it to come down.” when they had got a little composed, “ It fills the grass al round with see that lovely gal ?"
little branches, sir, whenever there's “ Fine girl-devilish fine !" replied the least breath of wind,” said Waters. Snap.
“ It won't hardly hold a crow's " I'm blessed if I don't think—'pon weight on the topmost branches, sir," my life, I believe we've met before.” said the under-bailiff. ** Didn't seem to know you."
“ Had it any leaves last summer ?” 66 Ah! I don't know-how uncom- enquired Mr Aubrey. mon infernal unfortunate to happen
I don't think,” said. Waters, “it just at the moment when”. Tits had a hundred all over it.” mouse became silent; for all of a sud- “ Really, Kate, 'tis such a melanden he recollected when and where, choly, unsightly object, when seen and under what circumstances he had from any part of the quadrangle,”seen Miss Aubrey before, and which turning round on his horse to look at his vanity would not allow of his telling the rear of the hall, which was at Snap. She had once accompanied her about eighty yards' distance. " It sister-in-law to Messrs Dowlas, Tag looks such an old withered thing rag, and Company's, for some smai amongst the fresh green trees around matter. Titmouse had helped her, it-'tis quite a painful contrast." and his absurdity of manner provoked Kate had gently urged on her horse a smile, which Titmouse a little mis- while her brother was speaking, till
* See No. CCLXXXVIII, p. 506, (October.)
she was close beside him. “ Charles," Why, it seems the old story, sir said she, in a low whisper, “ does not that slip of waste land, sir. Mr it remind you a little of poor old Tonkins is at it again, sir." mamma, with her grey hairs, among “ Well, if he chooses to spend his her children and grandchildren ? She money in that way, I can't help it. is not out of place amongst us—is Let me look at the paper.” He did she?” her eyes filled with tears. So “ Yes, it seems the same kind of did her brother's.
thing as before. Well," handing it
' “ Dearest Kate," said he, with back, “send it to Mr Parkinson, and emotion, affectionately grasping her tell him to look to it; and at all events, little hand, “ you have triumphed! take care that old Jolter comes to no The old tree shall never be cut down trouble by the business. How's the in my time! Waters, let the tree old wife, Jacob?" stand; if any thing be done to it, let 6. She's dreadful bad with rheuma. the greatest care be taken of it.” tis, sir ; but the stuff that Madam Miss Aubrey turned her head aside to sends her does her a wonndy deal of conceal her emotion. Had they been good, sir, in her inside.” alone, she would have flung her arms “ Well, we must try if we can't round her brother's neck.
send you some more ; and, harkee, “ If I were to speak my mind,” said if the goodwife doesn't get better Waters, seeing the turn things were soon, come up to the hall, and we'll taking, “ I should say with our young have the doctor call on her. Now, lady, the old tree's quite a kind of Kate, let us away homeward.” And ornament in this here situation, and it they were soon out of sight. sets off the rest.” [It was he who had I do not intend to deal so uncerebeen worrying Mr Aubrey for these moniously or summarily as Mr Au. last three years to have it cut down.] brey did with the document which
“ Well,” replied MrAubrey, “how- had been brought to his notice by ever that may be, let me hear no more Jolter, then handed over to Waters, of cutting it down. Ah! what does
and by him, according to orders, old Jolter want here?” said he, ob- transmitted the next day to Mr Park. serving an old tenant of that name, inson, Mr Aubrey's attorney. It was almost bent double with age, hobbling what is called a “ DECLARATION IN towards them. He was wrapped up in EJECTMENT;” touching which, in a thick blue coat, and his hair was long order to throw a ray or two of light and white.
upon a document which will make no “ I don't know, sir-I'll go and small figure in this history, I have see,” said Waters.
been to a very renowned sergeant-at“ What's the matter, Jolter?” heen. law, and have gained a little informaquired, stepping forward to meet him. tion on the point.
“ Nothing much, sir,” replied the If Jones claims a debt, or goods, old man, taking off his hat and bowing or damages from Smith, one would very low towards Mr and Miss Au- think that, if he went to law, the acbrey.
tion would be “ Jones versus Smith; " “ Put your hat on, my old friend,” and so it is. But behold, if it be LAND said Mr Aubrey.
which is claimed by Jones from " I only come to bring you this bit Smith, the style and name of the of paper, sir, if you please,” said the cause stands thus:-" Doe, on the old man, addressing Waters. “ You demise of Jones, versus Roe.” Insaid, a while ago, as how I was always stead, therefore, of Jones and Smith to bring you papers that were left fighting out the matter in their own with me; and this”-taking one out of proper names, they set up a couple of his pocket," was left with me only puppets, (called John Doe and Richard about an hour ago. It's seemingly a Roe,) who fall upon one another in a lawyer's paper, and was left by an un- very quaint fashion, after the manner common gay young chap. He asked of Punch and Judy. John Doe pre: me my name, and then he looked at
tends to be the real plaintiff, and the paper, and read it all over, but I Richard Roe the real defendant. John couldn't make any thing of it." Doe says that the land which Rich.
“ What is it?” enquired Mr Au. ard Roe has is his, (the said John brey, as Waters cast his eye over a Doe's,) because Smith (the real plain. sheet of paper, partly printed and tiff) gave him a lease of it; and Smith partly written.
is then called “ the lessor of the plaintiff.” John Doe further says that one to serve on the real defendant (Smith) Richard Roe, (who calls himself by the queer document which I shall prothe very significant and expressive ceed to lay before the reader; and also name of a “ Casual Ejector,”) came to append to it an affectionate note, and turned him out, and so John Doe intimating the serious consequences brings his action against Richard Roe. which will ensue upon inattention or I am informed that whenever land is
The « Declaration,” sought to be recovered in England, then, which had been served upon old this anomalous and farcical proceed. Jolter, was in the words, letters, and ing must be adopted. It is, it seems, figures following—that is to say:the duty of the real plaintiff (Jones)
" IN THE COMMON PLEAS.
“ Michaelmas Term, -th Geo. III. “ Yorkshire, to-wit-- Richard Roe was attached to answer John Doe of a plea wherefore the said Richard Roe, with force and arms, &c., entered into two messuages, two dwelling-houses, two cottages, two stables, two out-houses, two yards, two gardens, two orchards, twenty acres of land covered with water, twenty acres of arable land, twenty acres of pasture land, and twenty acres of other land, with the appurtenances, situated in the parish of Yation, in the County of Yorkshire, which TITTLEBAT TITMOUSE, Esquire, had demised to the said John Doe for a term which is not yet expired, and ejected him from his said farm, and other wrongs to the said John Doe there did, to the great dam. age of the said John Doe, and against the peace of our Lord the King, &c.; and Thereupon the said John Doe, by Oily Gammon, his attorney, complains,
66 That whereas the said TITTLEBAT TITMOUSE, on this “th day of August, in the year of our Lord 1813, at the parish aforesaid, in the county aforesaid, had demised the same tenements, with the appurtenances, to the said John Doe, to have and to hold the same to the said John Doe and his assigns from thenceforth, for and during, and unto the full end and term of twenty years from thence next ensuing, and fully
to be completed and ended : By virtue of which said demise, the said John Doe entered into the said tenements, with the appurtenances, and became and was thereof possessed for the said term, so to him thereof granted as aforesaid. And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day and
afore. said, at the parish aforesaid, in the county aforesaid, with force and arms, &c., entered into the said tenements, with the appurtenances, which the said TITTLE. BAT TITMOUSE had demised to the said John Doe in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm; and other wrongs to the said John Doe then and there did, to the great damage of the said John Doe, and against the peace of our said lord the now King. Wherefore the said John Doe saith that he is injured, and hath sus. tained damages to the value of £50, and therefore he brings his suit,'&c.
56 LEATHERHEAD, for the Plaintiff. Pledges of John Den.
TITTIWITTY, for the Defendant. ) Prosecutor. Richard Fenn. « Mr JACOB JOLTER, “ I am informed that you are in possession of, or claim title to, the premises mentioned ih the Declaration of Ejectment mentioned, or to some part thereof: And I, being sued in this action as a casual ejector only, and having no claim or title to the same, do advise you to appear, next Hilary Term, in His Majesty's Court of Common Pleas at Westminster, by some attorney of that Court; and then and there, by a rule to be made of the same Court, to cause yourself to be made defendant in my stead; otherwise, I shall suffer judgment
1; to be entered against me by default, and you will be turned out of possession. 5. Your loving friend,
« Richard Roe. “ Dated this 8th day of December 18—,"
You may regard the above docu- the innocent, unsuspecting inhabitment in the light of a deadly and de. ants--amongst whom, nevertheless, it structive missile, thrown by an unper presently explodes, and all is terror, ceived enemy into a peaceful citadel, death, and ruin. attracting no particular notice from
7. In all things round one sacred Power would know, From Thee diffused through all thy works below; In every breath of life would hear thy call, And All discern in Each, and Thee in All.
9. Oh! grant the crowds of earth may read thy plan, And strive to reach the hope design'd for man; Though now, shorn, stunted, twisted, wither'd, spent, We dare not dream how high thy love's intent.