Thus the court had granted a "RULE NISI," as it is called, (_i. e._ it
commanded a particular thing to be done--"_unless_" sufficient
"_cause_" could be thereafter shown to the court why it should not be
done,) for either entering a nonsuit, or having a new trial. Now, had
this rule been obtained in the present day, nearly two years must have
elapsed, owing to the immense and perhaps unavoidable arrear of
business, before the other side could have been heard in answer to it.
Now, had such been the state of business at the time when the Rule in
_Doe_ d. _Titmouse_ v. _Jolter_ was moved for, see the practical effect
of it: had Mr. Aubrey, instead of the high-minded and conscientious man
he undoubtedly was, been a rogue, he might have had the opportunity of
getting in nearly twenty thousand pounds, and setting off with it to
spend upon the Continent, as soon as he found that the court had decided
against him: or, if the tenants should have been served with notice not
to pay their rents to any one but Mr. Titmouse--at all events not to Mr.
Aubrey--how were Mr. Aubrey and his family to have subsisted during this
interval?--and with the possibility that, at the end of some two years,
he might be declared to be the true owner of Yatton, and consequently
all the while entitled to those rents, &c., the non-payment of which
might have entailed upon him the most serious embarrassments! During the
same interval, poor Mr. Titmouse, heart-sick with hope deferred, might
have taken to liquor, as a solace under his misery, and drunk himself to
death before the rule was discharged--or brought his valuable life to a
more sudden and abrupt conclusion: which affecting event would have
relieved the court from deciding several troublesome points of law, and
kept the Aubreys in possession of the Yatton estates. Thus much for some
of the incidental effects of the law's delay! At the time, however,
concerning which I am writing, it was otherwise.[4] Shall I be believed
when I inform the reader that within ten or twelve days after the rule
_nisi_, in the present case, had been moved, "cause was shown" against
it, by Mr. Subtle and Mr. Lynx, and very admirably shown against it too.
(Mr. Quicksilver, fortunately for the interests of Mr. Titmouse, was
absent, attending a great meeting in the City, called by himself to
establish a society for the Moral and Intellectual Regeneration of
Mankind on the basis of Pure Reason.) The Attorney-General exerted
himself to the utmost in support of his rule. He felt that the
court--though scarcely at all interfering during his address--was
against him; yet he delivered, perhaps, one of the most masterly
arguments that had ever been heard in the place where he was speaking.
Mr. Sterling and Mr. Crystal, wisely avoiding the ground so admirably
occupied by the Attorney-General, contented themselves with
strengthening those positions which appeared to them less fortified by
Public-domain text, read in full here on John Shaqi.
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