le 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 forma 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
prepared for his admiring clients, had been held "totally ineffectual
and void both at law and in equity." I say, Mr. Frankpledge's note was
to that effect; for so ingeniously had he framed it--so effectually
concealed his retreat beneath a little cloud of contradictory
authorities, like as the ink-fish, they say, eludeth its pursuers--that
his clients cursed the law, not their draftsman; and, moreover, by
prudently withholding the _name_ of the "late case," he, at all events
for a while, had prevented their observing that it was _senior_ to some
eight or ten cases which (indefatigable man!) he had culled for them out
of the legal garden, and arrayed on the back of his draft. Slightly
disconcerted were Messrs. Quirk and Gammon, it may be believed, at this
new view of the "result of the authorities." "Mortmain is always right!"
said Quirk, looking hard at Gammon; who observed simply that one day
Frankpledge would be as old as Mortmain then was--by which time (thought
he) I also know where--please God--_you_ will be, my old friend, if
there's any truth in the Scriptures! In this pleasant frame of mind were
the partners, when the impudent ap