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the following communication. He handed to Mr. Aubrey | Messrs. Quirk, Gammon, and Snap in the profession; they this letter: learn a fresh trick from every scoundrel, swindler, and thief, whose case they undertake."

"Gentlemen:

"Saffron Hill, 15th April, 18—..

"I thought that fraud and perjury were never to be presumed, Mr. Runnington! Besides, had we not the advantage of most acute and experienced counsel? How could it escape them?"

"I would only venture to remind you," said Mr. Runnington, firmly but respectfully, " of the observations of the Attorney-General, at our last consultation."

"I thought I was unanswered, Mr. Runnington, though I did not feel at liberty to press the matter," replied Mr. Aubrey, with a melancholy smile.

"Excuse me, but we must take the chance of a second trial," said Mr. Runnington.

"Doe d. Titmouse, v. Jolter. "The rule for a new trial herein having been this day discharged, and the unanimous judgment of the court delivered in favour of the claims to the Yatton estate of the lessor of the plaintiff of the present action, we shall feel obliged by an intimation from you, at your earliest possible convenience, of the course which your client may now think fit to adopt. You are, of course, aware that we are now in a situation to attack, successfully, the entire property at Yatton, at present in the possession of Mr. Aubrey and that, had we thought fit, we might have sought "I have decided upon the course I shall adopt," replied and recovered it all in the action which has just been decided Mr. Aubrey, calmly and determinedly-" I shall instruct in favour of our client. It is now in our power materially you to write this day to the gentlemen upon the other to strengthen the evidence adduced at the late trial, and we beg to be informed whether it is your client's intention to put Mr. Titmouse to the enormous expense, and the delay of a second trial, the issue of which cannot be doubtful; or, with the promptitude and candour which are to be expected from a gentleman of the station and character of your client, at once yield to our client the substantial fruits of his verdict.

side, and inform them that within three weeks I shall be prepared to deliver up possession of Yatton."

My dear sir!-Do I hear aright? Deliver up possession of the estates! and within three weeks!" "That was what I said, Mr. Runnington," replied Mr. Aubrey, rather peremptorily.

"I give you my honour, Mr. Aubrey, that in the whole course of my practice I never heard of such a procedure." "And I shall further request you to state that the last quarter's rents are in my banker's hands, and will be paid over to the order of Mr. Titmouse."

"If his reasonable wishes in this matter be disregarded, we would merely intimate that it will be for your client most seriously to weigh the consequences; to see whether such a line of conduct may not greatly prejudice his interests, and place him in a far worse position than, per-nington, with an air of deep concern. haps, he would otherwise have occupied. As we understand your client to be in town, we trust you will forgive us for requesting you immediately to communicate with him, and at your earliest convenience enable us to announce the result to our client.

"Good gracious, Mr. Aubrey!" interrupted Mr. Run

"We are, gentlemen, your obedient servants, "QUIRK, GAMMON & SNAP. "Messrs. Runnington & Co."

"Well-I own I see nothing to find fault with in this letter," said Mr. Aubrey, calmly, but with a suppressed sigh, as soon as he had read the letter.

"Rather quick work, too-is it not, Mr. Aubrey ?-within hour or two after judgment pronounced in their favour: but, to be sure, it's very excusable, when you consider the line of business, and the sort of clients that Messrs. Quirk, Gammon, and Snap are accustomed to." "I have made up my mind as to the course I shall adopt," said Mr. Aubrey

"I have well considered the position in which I am placed," said Mr. Aubrey, with a serious sir. "It is very painful for me to mention the subject, Mr. Aubrey; but have you adverted to the mesne profits?" "I have. It is, indeed, a very fearful matter: and I frankly own that I see no way open before me, but to trust to the forbearance of"

"Forbearance!—the forbearance of Messrs. Quirk, Gammon, and Snap!! or of any one counselled by them!"

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Why, what can I do? I might as well undertake to pay off the national debt, as this sum of sixty thousand pounds!"

"That's just the very thing," replicd Runnington, with a dismayed air.

"Whatever honourable negotiation can effect, I leave it in your hands to do. With reference to the time that may be obtained for the liquidation of it," Mr. Aubrey changed colour, but spoke with firmness-"I must own that this is a matter that has occasioned me inexpressible anxiety, Mr. Oh, of course, that is quite clear," said Mr. Running. Runnington. I really do not see what length of time will ton, pouring out his coffee-" we shall stand another shot, enable me to discharge so fearful a sum of money, or even and see if there's ammunition enough left for the purpose: to make any sensible impression upon it. I am quite at and we'll tender a bill of exceptions, and carry the case their mercy." Here both maintained a silence of several into the Exchequer chamber, and thence into the House minutes' duration.

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manner.

of Lords-ah! we'll work them, I warrant them!"-and "I am far from thinking it clear that equity would not he rubbed his hands with a little excitement in his interpose to relieve against mesne profits, in such a case as the present a dormant claim set up." "I cannot see, Mr. Runnington, on what principle such an interference could be supported."

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Why, Mr. Runnington," answered Mr. Aubrey, gravely, "would it not be wanton-most unconscientious in me to put them to the expense and anxiety of a second "No more do I, at present," replied Mr. Runnington, trial, when the whole case, on both sides, has been fairly" but I'll lose no time in having the best advice on the brought before both the court and the jury?" subject. Gracious me! when one thinks of it, it deprives "Good Heavens, Mr. Aubrey! who ever heard of an one of"-at this moment a thundering appeal to the estate of ten thousand a-year being surrendered after one knocker of the door announced an arrival; and presently the servant entered and stated that Lord C- had called, "If it were ten thousand times ten thousand a-year, I and was waiting in the library. After repeating two or would submit, after such a trial as ours." three directions to Mr. Runnington, Mr. Aubrey begged "How do we know what fraud and perjury may have been to be excused, and presently entered the library, where resorted to in order to secure the late verdict, and which Lord C- was waiting to receive him. Lord Cwe may have the means of exploding against the next was a middle-aged man, tall, of elegant person, a strikingly trial? Ah, Mr. Aubrey, you don't know the character of handsome countenance, and most winning address; he

assault ?"

was a thorough politician, possessed of eloquence, immense | honour combines to assure me that I should not listen to practical knowledge, and a very commanding intellect. your proposal."

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He was made for eminent office, and got through the most "Good God! what an outrage on common sense!-But complicated and harassing business with singular case has any thing been yet said on the subject of these liaand celerity. He had for several years entertained a sin. bilities-these mesne profits, as I suppose they are called ?" cere regard for Aubrey, whom he considered to be a very Nothing but they follow as a matter of course." rising man in the House of Commons, and who had, on "How is it that you owe only sixty thousand pounds, several occasions, rendered him special service in debate. Aubrey?" He was much shocked to hear of the sudden misfortune which had befallen Mr. Aubrey; and had now come to him with a sincere desire to be of service to him; and also, not without a faint hope of prevailing upon him to come down that evening and support them in a very close division. He was as kind-hearted a man as a keen politician could be.

"I am really shocked beyond all expression to hear all this," said he, after Aubrey had, at his earnest request, explained the position in which he was placed; the dreadful loss he had sustained, the still more dreadful liabilities to which he was subject. "Really who can be safe? It might have happened to me-to any of us! Forgive me, my dear Aubrey," continued Lord C-earnestly," if I venture to express a hope that at all events Mrs. Aubrey and your family are provided for, and your very lovely sister; she, I trust, is out of the reach of inconvenience?" Mr. Aubrey's lip quivered, and he remained silent.

"Allow me a friend's freedom, Aubrey, and let me repeat my question; are your family provided for ?"

“I will be frank, Lord C—,” replied Mr. Aubrey, with a strong effort to preserve his composure. "The little provision that was made for them goes with Yatton but for them-my wife, my children, my sister-I would have submitted to this misfortune with unshrinking fortitude; but they are, alas, involved in my ruin! My wife had nothing when I married her; and of course the settlements I made on her were out of the Yatton property; as also was the little income left my sister by my father. With Yatton all is gone-that is the plain fact; and there is no disguising it."

Lord C-seemed much moved.

"The Duke of, I, and two or three other of your friends, were talking about these matters last night; we wish we could serve you. What is the sort of foreign service you would prefer, Aubrey?"

"Foreign service," echoed Mr. Aubrey, significantly. "Yes; an entire change of scene would be highly serviceable in diverting your thoughts from the distressing subjects which here occupy them, and must continue to occupy them for some time to come."

at

Only sixty thousand!"

"At the rate of ten thousand a-year, you must have had least a hundred thousand pounds."

The statute of limitations prevents more than six years arrears being recoverable."

"But do you intend, Aubrey, to avail yourself of such a protection against the just claims of this poor, unfortu nate, ill-used gentleman? Are not the remaining forty thousand pounds justly due-money of his which you have been making way with? Will you let a mere technical rule of law outweigh the dictates of honour and conscience ?"

"I do not exactly understand your drift, Lord C—." "Your sovereign has a right to command your services; and by obeying him and serving your country, you are enabled to prevent a malignant opponent from ruining you and your family, by extorting a vast sum of money not equitably due: I protest I see no difference in principle, Aubrey, between availing yourself of the statute of limitations and of the call of the king to foreign service ;-but we must talk of this again. By the way, what is the name of your worthy opponent? Tittlemouse, or some such strange name?"

"Titmouse!-By the way, you lose a seat for Yatton," said Aubrey, with a faint smile. Lord C- pricked up his ears.

"Ay, ay! how's that?"

"The gentleman you have named professes, I understand, Liberal principles; probably he will sit for the borough himself: at all events, he will return the member."

"He's a poor ignorant creature, isn't he? What has made him take up with Liberal principles? By taking a little notice of him early, one might-eh ?-influence him;-but you don't intend to vacate this session?"

"I intend this day to apply for the Chiltern Hundreds ; and this evening, if you like, a new writ may be moved for the borough of Yatton."

"You must come down to night, my dear Aubrey, you really must," said Lord C—, with undisguised anxiety -with more than he had shown during the interview. "The numbers will run very close; they are stirring"It is very kindly meant, Lord C; but do you heaven and earth;-good heavens! my dear Aubrey, a really think I can for a single moment entertain the idea vote's invaluable to-night;-Gad, you shan't have the Chilof quitting the country to escape from pecuniary liability ?" tern Hundreds; you musn't really apply for it-at all "That's the point exactly; I decidedly think you ought events, not till to-morrow." to do so; that you must," replied Lord C- -, in a matterof-fact manner.

"Nothing upon earth shall induce me to do so," replied Mr. Aubrey firmly. "The bare idea shocks me. It would be the meanest, most unprincipled conduct-it would reflect disgrace on the King's service."

"I shall sit no more in the House of Commons," said Mr. Aubrey, with a sad, determined air;-" besides, I leave for Yatton by to-night's mail. There are those waiting for me whom you would not have me disappoint, Lord C-!"

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Not for worlds, my dear Aubrey," replied Lord C—, half absently ;-he was intensely disappointed at not obtaining Mr. Aubrey's vote that evening; and rose to go. "Then I direct to Yatton when I have occasion to write

"Poh-this is mere eccentricity-knight-crrantry; I'm sure that when you are in a calmer mood you will think differently. Upon my honour, I never heard of such a thing in my life. Are you to stay at home, to have your to you ?" said he. hands tied behind your back, and be thrust into prisonto court destruction for yourself and your family?" Mr. that period are not yet fixed." Aubrey turned aside his head and remained silent.

"For the next three weeks only. My movements after

"Adieu, Aubrey; and I entreat of you to remember me "I must plead in favour of Mrs. Aubrey-your chil- most sincerely to Mrs. Aubrey and your sister; and when dren-your sweet lovely sister;-good God! it's quite you look at them, remember-remember our conversation shocking to think of what you are bringing them to." to-day." With this, Lord C-took his departure, and

"You torture my feelings, Lord C-," said Mr. left poor Aubrey much depressed. He quickly, however, Aubrey, tremulously and very pale; "but you do not con- roused himself, and occupied the principal part of the day vince my judgment. Every dictate of conscience and in making the necessary and melancholy arrangements for

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From the Edinburgh Review.
SIR WALTER RALEIGH.

1. The Works of Sir Walter Raleigh, Kt. Now
first collected. To which are prefixed the
Lives of the Author by OLDYS and BIRCH. 8
vols. 8vo. Oxford: 1829.

2. Memoirs of the Life of Sir Walter Raleigh; with some Account of the Period in which he lived. By Mrs. A. T. THOMSON. 8vo. London: 1830.

written upon sound principles, and possessing all the attainable information, is still a desideratum; as is an edition of his works, in which the authenticity of every piece has been thoroughly sifted, the objects and character of each adequately explained, and the whole arranged with the requisite care. We are not without the hope of being able, in the course of this article, to furnish some information, calculated to aid the labours of any one who, either as biographer or editor, may be induced to make another attempt to supply desiderata so much to be regretted. If we should be successful in this, we shall 3. The Life of Sir Walter Raleigh; founded on hope to be excused for the length to which we mean authentic and original Documents, some of to extend our observations; especially when it is them never before published. With a vindica- considered, that there are manuscript materials of tion of his Character from the attacks of Hume very considerable value unknown to, or untouched and other Writers. By PATRICK FRASER TYT- by his biographers; that all the more important and LER, Esq., F.R.S. and F.S.A. Second Edition. interesting transactions and occurrences of his life 12mo. Edinburgh: 1833. are involved in obscurity, or perplexed with doubt; that his views, in his greatest undertakings, are liable to question; and that the usual tendency of biographers to easy faith and indiscriminate praise has in his case been carried to the greatest extremes.*

4. Lives of the British Admirals. (Vol. 4th. Sir Walter Raleigh.) By ROBERT SOUTHEY, L.L.D. 12mo. London: 1837.

5. The Court of King James the First. By Dr. GODFREY GOODMAN, Bishop of Gloucester. Now first published from the original Manuscript, by JOHN BREWER, M.A., of Queen's College, Oxford.

2 vols. 8vo. London: 1839.

The early biographical publications of Naunton, Prince, Fuller, Wood, and Aubery, contain some valuable notices of Raleigh; but the first account of his life that was given to the world upon an extended THE name of Sir Walter Raleigh is unquestion- and elaborate plan, was that by Mr. Oldys; origiably one of the most renowned and attractive, and nally published along with a new edition, being the in some respects the most remarkable in English eleventh of his great work, which appeared in 1733. story. He acted a part in all the various functions Prior to this performance, there appeared succesof public life, military, naval, and civil; and was sively two detached lives by two obscure writers, illustrious in all. He was a projector on the grand-named Shirley and Theobalds. Oldys's work has est scale, an improver of naval architecture, a founder not, even at the present day, any thing in the line of of colonies, a promoter of distant commerce. As the biographical writing of superior merit, in as far as introducer or disseminator of two important articles merit can be derived from careful and extensive reof subsistence and luxury,* he in a vast degree con- search. It is rich in curious information; and refers tributed to augment the food, and to modify the to a greater number of rare tracts, than any other habits of all the nations of Europe. His fortunes piece of biography in our language. But with these were alike remarkable for enviable success and piti-recommendations its merits cease. The style is Raised to eminent station through feeble and uncouth, as well as affected; and the the favour of the greatest female sovereign of Eng- author's judgment never once exercises itself in any land, he perished on the scaffold through the dislike rational or independent estimate of the actions and and cowardly policy of the meanest of her kings. conduct he narrates, however questionable or censuTo crown all, his fame in letters, particularly as the rable. Gibbon has truly characterised it when he author of that memorable work with which his describes it, with reference to these defects, as "a prison hours enriched the world," placed his name servile panegyric, or a flat apology." in glorious association with those of Bacon and Hooker, as it otherwise was with those of Essex and Vere, of Hawkins and Drake.

able reverses.

The appearance, within the last ten years, of a uniform edition of his extensive works, and of three different histories of his life, seems to show that the public interest in regard to him has not abated; and, at the same time, to make a call for critical examination which has too long, perhaps, been overlooked. Some recent publications, connected with the same era, and presenting farther information respecting Raleigh, have forcibly recalled our thoughts to the works alluded to; and, if our notice of them comes somewhat late, the delay has at any rate enabled us to survey them from a more commanding point of view than could have been attained at any earlier date. In now proceeding to consider them, we are sorry to be obliged to say, that a life of Raleigh,

* Potatoes and Tobacco.

MUSEUM -JULY & AUG. 1840.

A new biography of Raleigh was one of the early literary projects of this celebrated writer; but which he, after a good deal of inquiry and hesitation, ultimately abandoned, from finding such a want of information, as well regarding some of the most important parts of his public, as regarding the whole of his private life. Details concerning the latter are still nearly as scanty as ever; but some new and valuable materials for the illustration of the former have, from time to time, been brought to light, both from national and private repositories. Dr. Birch availed himself of such additions as had then appeared, particularly of the anecdotes contained in the Sidney and Bacon papers, in the brief account of Raleigh with which he prefaced a collection of his

* Such considerations can but rarely concur to induce us to depart from the practice, favourable to variety, which we have generally followed, and to which we are determined to adhere.

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information by any researches amongst unpublished documents. In one respect Dr. Southey differs materially from all the other biographers of Raleigh— namely, in the freedom of his strictures upon his hero's conduct; but these, though in general substantially just, are expressed in a tone which savours more of the acrid temperament of the censor, than of the judicial dignity of the historian.

miscellaneous writings, published in 1751. In other tributed to an extensive and useful encyclopædical respects, this piece was a mere abridgement of the miscellany; but it is compiled upon a scale of suffivoluminous performance of Oldys, without any cient extent for separate publication. That it would marked superiority either in respect of judgment or have been a far more perfect production, had it been style. These two lives, either from ignorance of prompted by his own selection of the subject, we their literary character and defects, or a singular cannot for a moment doubt; but as it stands, it is a destitution of biographical resources, have been pre- piece of mere task-work, executed by a practised and fixed, without alteration or emendation, to the edition skilful artist no doubt, but with that economy of of Raleigh's works published by the directors of the labour and thought which may be generally expected Clarendon press. to characterise such undertakings. His extensive After the lapse of more than half a century from acquaintance with Spanish literature has, however, Dr. Birch's publication, Mr. Cayley produced a life enabled him, at little cost, to diversify his narrative of Raleigh, which, judging from its bulk, (two vo- with a few illustrations derived from the Spanish lumes octavo,) might well be expected to furnish historians of America; and it is only in that respect some important additions to his history; but its that his work has any pretensions to novelty; for size is found to arise from its being interlarded with he has evidently contented himself with the materepublications of all those pieces, in which either rials nearest at hand, and made no attempt whatever Raleigh himself, or others employed by him, were either to correct or to amplify the existing stock of narrators; -on the ridiculous pretext that they form parts of his history, for which the reader ought not to be sent to any other quarter. The work is not, however, without value; for it contains some original papers of considerable importance as materials for history. His own use of them, and of the other publications connected with his subject that had appeared in the preceding half century, was by no means skilful; and his narrative, in other respects, Raleigh was born in the year 1552, at a place is in no degree superior to those which preceded it. called Hayes, in the parish of Budley, in DevonIt is not, therefore, surprising, that in a period of shire. His father, a gentleman of ancient lineage so much literary activity, a subject so inviting as but small fortune, had been thrice married, and Walthe life of Raleigh should be resumed; but were it ter was the second son of the last of these marriages. not that it also is a period in which books are pro-Of his early life and education, all that we know is, duced, not so much in consequence of any inborn that he was entered a commoner of Oriel college, whisperings of independent ambition, as for the Oxford, where he remained two or three years, and purpose of aiding those literary projects to which greatly distinguished himself; being, according to the ingenuity of publishers so largely gives rise, we Wood, "esteemed a worthy proficient in oratory and certainly should have been greatly surprised to see philosophy." He quitted the university, however, three new lives so executed as to leave the subject on the very first opening that presented itself to an as open as before to farther competition. The de- active life. Queen Elizabeth had authorised the tails into which we propose to enter, will enable our formation of a company of a hundred gentlemen voreaders to judge whether this is a just opinion; but, lunteers, to serve in France, in aid of the Huguenots before proceeding further, we shall make one or two in their memorable struggle for religious liberty; general remarks on these publications; leaving par- and of this distinguished body of British youths ticular observations to the sequel of our inquiries. Raleigh was enrolled a member, and proceeded with The first in the order of time is that of Mrs. Thom- it to France, under its commander, Henry Champerson, a lady honourably distinguished for her love of non, who was his near relation. There he served historical pursuits. All we mean to say of her pre- for five years, and was engaged in some of the sent attempt is, that it is written in a good spirit; greatest battles of that memorable period; upon and that her industry in collecting materials is fa- which he made and treasured up sundry observations, vourably evinced in an appendix, which contains showing his genius for the science of war, and which several letters of importance never before published. were unconsciously destined to be afterwards recordMr. Tytler's work was undertaken mainly, as he ed in his " History of the World," where he recurs, says, to defend Raleigh against the imputations cast wherever he has an opportunity, to his own military upon him by Hume and others; particularly with experiences. He appears, after a short interval, to respect to Guiana, the conspiracy of which he was accused, and his general character; and if extreme unwillingness to see or to allow any blemishes in the conduct of his hero, and an unvarying strain of eulogy, make a consummate biographer, it cannot be denied that the claim to that distinction is by him made good. In point of composition, his narrative is clear and pleasing; but though illustrated with some new information gleaned from the public archives, its merits in this respect are by no means so high as the pretensions put forth in the title-page and preface had led us to expect.

have also served for some time in the Netherlands, under Sir John Norris; but his biographers have not been able to recover any account of his services in that quarter, nor has he himself made any allusions to them, as in the case of his French campaigns.

Raleigh had as yet done nothing to connect his name with the immediate service of his country, when the outbreak of a rebellion in Ireland induced him to resume his sword in that "lost land-that commonwealth of common woe;" as he, in one of his letters, described it. We accordingly find him, in 1580, commanding a company of the royal troops; Dr. Southey's performance forms only one of a and he speedily became distinguished, both for vacollection of "Lives of the British Admirals," con-lour and skill, in those sudden and rapid movements

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