it proved Quirk's policy to be somewhat inferior in point of discretion
and long-sightedness to that of Gammon, still it must be owned that the
latter had cause to admire the rapid generalship with which Mr. Quirk
had obviated the consequences of his false move--not ill seconded by
Snap. What could have been more judicious than his reception of
Titmouse, on the occasion of his being led in again by the subtle
Gammon?
The next and greatest matter was, how to obtain any hold upon such a
person as Titmouse had shown himself, so as to secure to themselves, in
the event of success, the remuneration to which they considered
themselves entitled. Was it so perfectly clear that, if he felt disposed
to resist it, they could compel him to pay the mere amount of their bill
of costs?
Suppose he should turn round upon them, and have their BILL TAXED--Mr.
Quirk grunted with fright at the bare thought. Then there was a slapping
_quiddam honorarium_ extra--undoubtedly for _that_ they must, they
feared, trust to the honor and gratitude of Mr. Titmouse; and a pretty
taste of the quality of that animal they had already experienced! Such a
disposition as _his_, to have to rely upon for the prompt settlement of
a bill of thousands of pounds of costs! and, besides that, to have it to
look to for the payment of at least some five or perhaps ten thousand
pounds _douceur_--nay, and this was not all. Mr. Quirk had, as well as
Mr. Gammon, cast many an anxious eye on the following passages from
_Blackstone's Commentaries_:--
"MAINTENANCE is an officious intermeddling in a suit that no way
belongs to one, by 'maintaining' or assisting either party with
money, or otherwise, to prosecute or defend it.... It is an offence
against public justice, as it keeps alive strife and contention,
and perverts the remedial process of the law into an engine of
oppression.... The punishment by common law is fine and
imprisonment, and by statute 32 Hen. VIII. c. 9, a forfeiture of
£10!
"CHAMPERTY--(_campi partitio_)--is a species of Maintenance, and
punished in the same manner; being a bargain with a plaintiff or
defendant '_campum partiri_,' to divide the land, or other matter
sued for, between them, if they prevail at law; whereupon the
champertor is to carry on the suit at his own expense.... These
pests of civil society, that are perpetually endeavoring to disturb
the repose of their neighbors, and officiously interfering in other
men's quarrels, even at the hazard of their own fortunes, were
severely animadverted on by the Roman law; and they were punished
by the forfeiture of a third part of their goods, and perpetual
infamy."[4]
These were pleasant passages surely!----
Public-domain text, read in full here on John Shaqi.
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