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, said Mr. Frankpledge, 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
favorite 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 at liberty to take up the cause of the oppressed,
encouraged by the prospect of an ample recompense? It might be said,
perhaps--let the claimant sue _in formâ 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 formâ pauperis_,) if he should happen to be
nonsuited--to be "put to his election, whether to be whipped or pay the
costs."[5] 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." To the
best of my recollection, it was a BOND, conditioned to pay the sum of
ten thousand pounds to Messrs. Quirk, Gammon, and Snap, within two
months of Titmouse's being put into possession of the rents and profits
of the estate in question. 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
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