_Former resentments revised: Doubts protracted: Conjectures on the sincerity of a delicate yet firm mind_

Above a fortnight pa.s.sed away, during which I received no word of intelligence concerning Olivia. At some moments I felt great affliction from this suspense: at others I collected myself and determined to pursue my plan with all the vigour in which it had been conceived.

In the interval, I wrote several times to Mr. Evelyn. To this I was prompted from the very nature of my engagements and situation. Beside which I had not forgotten my pamphlet against the Earl and the Bishop, that lay ready for publication; though the acrimony of my feelings was much abated. The propriety of making the world acquainted with this affair was one of the subjects of my correspondence with Mr. Evelyn: to whom I had the candour to state my own opinions and sensations, on one part; and, on the other, the objections that had been urged by Turl.

In the history I had given Mr. Evelyn of myself, I was impelled, as well by inclination as necessity, to delineate the character of Turl, with which he could not but be charmed; and with his arguments and dissuasions on this subject. With these the ideas of Mr. Evelyn entirely coincided. He wrote delightful letters; full of animation, feeling, and friendship; and his persuasion therefore had the greater effect.

Wilmot concurred in the opinion of both; and, being thus pressed by the men whom I most loved and revered, I endeavoured to consign my resentment and its effusions to oblivion, and to dismiss the subject entirely from my mind.

At length, my suspense concerning Olivia found some, though far from a satisfactory, relief.

As she had paid no visit to Miss Wilmot, the latter of course had found no opportunity to deliver my letter. One evening, however, as I was sitting after tea with Miss Wilmot and her brother, a note came of which the following were the contents.

'Miss Mowbray presents her kind and tenderest respects to Miss Wilmot, and informs her that she has been in town for some short time. a.s.sures her that her not having called is far indeed from any decline of former friendship, the sincerity of which is invariable: but that there are motives which prevent her, for the present, from the enjoyment of that satisfaction. She would have been most happy to have communicated her thoughts to Miss Wilmot in person: but she is the slave of circ.u.mstances which, for family reasons and indeed from other motives; she is forbidden to explain; and to which she is obliged to submit. She confides in the goodness and friendship of Miss Wilmot, who she is well a.s.sured will not misinterpret that which is unavoidable; and, cherishing the hope of a more favourable opportunity, wishes her all possible happiness: requesting that, if by any means in her power it can be increased, Miss Wilmot will acquaint her with those means: that she may have the wished-for occasion of proving the ardour and sincerity of her affections.

'Hertford-street, Nov. 17th'

Miss Wilmot gave me this note to read; and the commentary I immediately made was that, finding I was alive, the fear of a rencontre with me was the obstacle to her visits.

They agreed that this was a very probable supposition: but how far the aunt was any way concerned in it was matter of more uncertain conjecture. Miss Wilmot knew that Olivia had informed her aunt of the visits she was before accustomed to make; and, as her ideas concerning sincerity were delicately strict, it was more than probable that she had disdained to conceal any of the circ.u.mstances with which she herself was acquainted. I therefore thought it almost indubitable that she had been no less frank on the present occasion than was habitual to her on others; and time afterward discovered that my conclusions were right.

'With what unequal weapons,' exclaimed I, 'do the lovers of truth and the adherents of hypocrisy contend!'

'They do indeed,' replied Wilmot. 'But, contrary I believe to your supposition, the former have infinitely the advantage: for the latter systematically deceive themselves.'

What was to be done? Was I to pursue some covert mode of conveying my letter? Should I send it openly? Or ought I to let it remain, and patiently wait the course of events, which, by endeavouring to forward, I might but r.e.t.a.r.d? Wilmot, who, though he had too much sympathy to communicate all his fears, had but little expectation, judging from the failure of his own plans of the success of mine, advised me to the latter; and, perplexed as I was with doubt and apprehension, I followed this advice.

END OF VOLUME IV

VOLUME V

CHAPTER I

_A cursory glance at law fictions: Legal suppositions endless: The professional jargon of an attorney: An enquiry into the integrity of barristers and the equity of decisions at law: A. and B. or a case stated: A digression from law to philosophy_

In the mean time, my application to the law was incessant; and consequently my intercourse with lawyers daily increased. I endeavoured to load my brain with technical terms and phrases, to understand technical distinctions, and to acquaint myself with the history of law fictions, and the reasons on which they had been founded.

To these subjects my attention had been turned by Mr. Hilary; who, being a Solicitor, was well acquainted with the value of them, to the man who meant to make himself a thorough lawyer.

The consideration of this branch of law staggered my judgment.

Trottman and Hilary were intimate. The latter had invited us and other friends to dinner; and, as I found the acuteness of Trottman useful to me in my pursuits, I took this and every occasion to put questions: which he was very ready to answer. As it happened, my enquiry on the subject of law fictions brought on the following dialogue: which was supported by Trottman entirely in his own style.

'According to your account then,' said I, in answer to a previous remark, 'in _Banco Regis_ the King is always _supposed_ to be present.'

'No doubt, what question can there be of that? One invisible kind of being can as easily be supposed as another. And I hope you will not dispute the actual presence of that pleasant gentleman called the devil, in any one of our courts?'

'By no means!'

'As for his majesty, he, G.o.d bless him! by the nature of his office is _hic et ubique_: here, there, and every where. He is borne in state before each Corporation Mayor, whether Mr. or My Lord; and reposes peacefully in front of Mr. Speaker, or the Lord High Chancellor: investing them by his sacred presence with all their power.'

'How so?'

'How so! Do you forget the mace upon the table?'

'Authority then has that virtue that, like grace divine into a wafer, it can be transfused into wood.'

'Yes. A lord's white wand, a general's baton; a constable's staff. It is thought necessary, I grant, in some of these cases that the block should be carved and gilded.'

'Well, the position is that, in _Banco Regis_, the King is always present.'

'So says the law.'

'But the law, it appears, tells a lie; and, from all that I have heard, I wish it were the only one that it told.'

'Could the law hear, sir, it would take very grave offence at your language. It only a.s.sumes a fiction.'

'John Doe and Richard Roe, who are the pledges of prosecution, are two more of its _supposes_, or lies. I beg pardon. I should have said fictions.'

'Why, yes: considering that John Doe and Richard Roe never made their personal appearance in any court in the kingdom, were never once met, in house, street, or field, in public, or in private, nay had never yet the good luck to be born, they have really done a deal of business.'

'They resemble Legion, entering the swine: they plunge whole herds into the depths of destruction.'

'Or, if you will, they are a kind of real yet invisible hob-goblins: by whom every human being is liable to be haunted. It must however be allowed of them that they are a pair of very active and convenient persons.'

'To lawyers. But G.o.d help the rest of mankind! Are there many of these fictions?'

'More than I or any man, I believe, can at one time remember.'

'From the little I have read, this appears to be a very puzzling part of the profession.'

'Not at all; if we will take things as we find them, and neither be more curious nor squeamish than wise. I will state the process of a suit to you; and you will then perceive how plain and straight-forward it is. We will suppose A the plaintiff: B the defendant. A brings his action by bill. Action you know means this: '_Actio nihil aliud est quam jus prosequendi injudicium quod sibi debelur_:' or, 'a right of prosecuting to judgment, for what is due to one's self.' B is and was _supposed_ to be in the custody of the Marshal. Observe, _supposed to be_: for very likely B is walking unmolested in his garden; or what not. B we will say happens to live in Surrey, Kent, or any other county, except Middles.e.x; and is _supposed_ to have made his escape, though perhaps he may have broken his leg, and never have been out of his own door. And then the lat.i.tat _supposes_ that a bill had issued, and further _supposes_ that it has been returned _non est inventus_, and moreover _supposes_ it to have been filed. B lives in Kent, you know; and this lat.i.tat is addressed, in _supposition_, to the Sheriff of the county, greeting; though as to the Sheriff he neither sees, hears, nor knows any thing concerning it; and informs him that B (notwithstanding he is confined to his bed by a broken leg) runs up and down, in _supposition_, and secretes himself in the Sheriff's county of Kent: on which--'

'I beg your pardon: I cannot follow you through all this labyrinth of _supposes_.'

'No! Then you will never do for a lawyer: for I have but just begun. I should carry you along an endless chain of them; every link of which is connected.'