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detained in with his letters, and one or two other little matters of business in his library, till luncheon time. "What say you, Kate, to a ride round the estate?" said he, on taking his seat. Miss Aubrey was delighted; and forthwith the horses were ordered to be got ready as soon as possible.

"You must not mind a little rough riding, Kate, for we've got to go over some ugly places. I'm going to meet Waters at the end of the avenue, about that old sycamore-we must have it down at last."

"Oh no, Charles, no; I thought we had settled that last year."

"Pho! if it had not been for you, Kate, it would have been down two years ago at least. Its hour is come at last; 'tis indeed, so no pouting! It is injuring the other trees; and, besides, it spoils the prospect from the back of the house."

"'Tis only Waters that puts all these things into your head, Charles, and I shall let him know my opinion on the subject when I see him! Mamma, haven't you a word to say for the old"_

But Mr Aubrey, not deeming it discreet to await the new force which was being brought against him, started off to go round and see a newly-purchased horse, just brought to the stables.

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Kate, who really became every thing, looked charming in her blue riding-habit, sitting on her horse with infinite ease and grace horsewoman. The exercise brought a rich bloom upon her cheek; and as she cantered along the road by the side of her brother, no one that met them but must have been struck with her beauty. Just as they had dropped into an easy walk

"Charles," said she, observing two horsemen approaching them, "who can these be? Did you did you ever see such figures? And how they ride!" "Why, certainly," replied her brother, smiling, "they look like a couple of Cockneys."

"Good gracious, what puppies!" exclaimed Miss Aubrey, lowering her voice as they neared the persons she spoke of.

"They are a most extraordinary couple. Who can they be?" said Mr Aubrey, a smile forcing itself into his features. One of them was dressed in a light blue surtout, with the tip of a white pocket-handker

chief seen peeping out of a pocket in the front of it. His hat, with scarce any brim to it, was stuck aslant on the top of a bushy head of hair. His shirt-collars were turned down completely over his stock, displaying a great quantity of dirt-coloured hair under his chin; while a pair of moustaches, of the same colour, were sprouting upon his lip. A quizzingglass was stuck in his right eye, and in his hand he carried a whip with a shining silver head. The other was nearly as much distinguished by the elegance of his appearance. He had a glossy hat, a purple-coloured velvet waistcoat, two pins connected by little chains in his stock, a bottlegreen surtout, sky-blue trousers. In short, who should these be but our old friends Titmouse and Snap? Whoever they might be, it was plain that they were perfect novices on horseback, and their horses had every appearance of having been much fretted and worried by their riders. To the surprise of Mr Aubrey and his sister, these two personages attempted to rein in, as they neared, with the evident intention of speaking to them.

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"Pray-a-sir, will you, sir, tell us," commenced Titmouse, with a desperate attempt to appear at his ease, as he tried to make his horse stand still for a moment" isn't there a place called - called "- here his horse, whose sides were constantly being galled by the spurs of its unconscious rider, began to back little, then to go on one side, and, in Titmouse's fright, his glass dropped from his eye, and he seized hold of the pummel. Nevertheless, to show the lady how completely he was at his ease all the while, he levelled a great many oaths and curses at the eyes and soul of his wayward brute; who, however, not in the least moved by them, but infinitely disliking the spurs of its rider and the twisting round of its mouth by the reins, seemed more and more inclined for mischief, and backed close up to the edge of the ditch.

"I'm afraid, sir, you are not much accustomed to riding. Will you permit me"

"Oh, yes-ye-ye-s, sir, I am uncommon_whee-o-uy! wh-uoy!"(then a fresh volley of oaths.) "Oh, dear-what-what is he going to do! Snap! Snap! 'Twas, however, quite in vain to call on that gentleman for assistance; for he had grown as pale as death, on finding that his own brute seemed strongly disposed to follow the example of the other, being particularly inclined to rear up on its hind-legs. The very first motion of the sort brought Snap's heart (not large enough, perhaps, to choke him) into his mouth. Titmouse's beast suddenly inclined the contrary way; and throwing its hind feet into the air, sent its terrified rider flying, heads over heels, into the very middle of the hedge, from which he dropped into the wet ditch. Both Mr Aubrey and his groom dismounted, and secured the horse, who, having got rid of its ridiculous rider, stood quietly enough. Titmouse proved to be more frightened than hurt. His hat was crushed flat on his head, and half the left side of his face covered with mud-as, indeed, were his clothes all the way down. The groom (almost splitting with laughter) helped him on again; and as Mr and Miss Aubrey were setting off" I think, sir," said he, politely, you were enquiring for some place?"

"Yes, sir," quoth Snap. "Isn't there a place called Ya-Yat-Yat -(be quiet, you brute,) - Yatton about here?"

"Yes, sir-straight on." Miss Aubrey hastily threw her veil over her face, to conceal her laughter, spurred her horse, and she and her brother were soon out of sight of the strangers. "I say, Snap," quoth Titmouse, when they had got a little composed, "see that lovely gal?"

"Fine girl-devilish fine!" replied Snap. "I'm blessed if I don't think 'pon my life, I believe we've met before." "Didn't seem to know you."

"Ah! I don't know-how uncommon infernal unfortunate to happen just at the moment when" - Titmouse became silent; for all of a sudden he recollected when and where, and under what circumstances he had seen Miss Aubrey before, and which his vanity would not allow of his telling Snap. She had once accompanied her sister-in-law to Messrs Dowlas, Tag rag, and Company's, for some small matter. Titmouse had helped her, and his absurdity of manner provoked a smile, which Titmouse a little mis

construed; so that when, a Sunday or two afterwards, he met her in the Park, the little fool had the presumption to nod to her-she having not the slightest notion who he was--and of course not, on the present occasion, having the least recollection of him. The reader will remember that this little incident made a deep impression on the mind of Mr Titmouse.*

The coincidence was really not a little singular. To return to Mr Aubrey and his sister. After riding a mile or two further up the road, they leaped over a very low mound or fence, which formed the extreme boundary of that part of the estate, and having passed through a couple of fields, they entered the lower extremity of that fine avenue of elms, at the higher end of which stood Kate's favourite tree, and also Waters and his under-bailiff-who looked to her like a couple of executioners, only awaiting the fiat of her brother. The sun shone brightly upon the doomed sycamore" the axe was laid at its root." As they rode up the avenue, Kate begged very hard for mercy; but for once her brother seemed obdurate

the tree, he said, must come down. "Remember, Charles," said she, passionately, as they drew up, "how we've all of us romped and sported under it! Poor papa also ".

"See, Kate, how rotten it is," said her brother; and riding close to it, with his whip he snapped off two or three of its feeble silvery-grey branches"its high time for it to come down."

"It fills the grass all round with little branches, sir, whenever there's the least breath of wind," said Waters. "It won't hardly hold a crow's weight on the topmost branches, sir," said the under-bailiff.

"Had it any leaves last summer?" enquired Mr Aubrey.

"I don't think," said Waters, "it had a hundred all over it."

"Really, Kate, 'tis such a melancholy, unsightly object, when seen from any part of the quadrangle," turning round on his horse to look at the rear of the hall, which was at about eighty yards' distance. "It looks such an old withered thing amongst the fresh green trees around it-'tis quite a painful contrast." Kate had gently urged on her horse while her brother was speaking, till she was close beside him. "Charles," said she, in a low whisper, " does not it remind you a little of poor old mamma, with her grey hairs, among her children and grandchildren? She is not out of place amongst us-is she?" her eyes filled with tears. did her brother's.

* See No. CCLXXXVIII, p. 506, (October.)

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"Dearest Kate," said he, with emotion, affectionately grasping her little hand, you have triumphed! The old tree shall never be cut down in my time! Waters, let the tree stand; if any thing be done to it, let the greatest care be taken of it." Miss Aubrey turned her head aside to conceal her emotion. Had they been alone, she would have flung her arms round her brother's neck.

"If I were to speak my mind," said Waters, seeing the turn things were taking, "I should say with our young lady, the old tree's quite a kind of ornament in this here situation, and it sets off the rest." [It was he who had been worrying Mr Aubrey for these last three years to have it cut down.] "Well," replied MrAubrey, "however that may be, let me hear no more of cutting it down. Ah! what does old Jolter want here?" said he, observing an old tenant of that name, almost bent double with age, hobbling towards them. He was wrapped up in a thick blue coat, and his hair was long and white.

"I don't know, sir-I'll go and see," said Waters.

"What's the matter, Jolter?" heenquired, stepping forward to meet him. "Nothing much, sir," replied the old man, taking off his hat and bowing very low towards Mr and Miss Aubrey.

"Put your hat on, my old friend," said Mr Aubrey.

" I only come to bring you this bit of paper, sir, if you please," said the old man, addressing Waters. "You said, a while ago, as how I was always to bring you papers that were left with me; and this"-taking one out of his pocket," was left with me only about an hour ago. It's seemingly a lawyer's paper, and was left by an uncommon gay young chap. He asked me my name, and then he looked at the paper, and read it all over, but I couldn't make any thing of it."

"What is it?" enquired Mr Aubrey, as Waters cast his eye over a sheet of paper, partly printed and partly written.

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"Why, it seems the old story, sir that slip of waste land, sir. Tomkins is at it again, sir."

"Well, if he chooses to spend his money in that way, I can't help it. Let me look at the paper." He did

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"Yes, it seems the same kind of thing as before. Well," handing it back, "send it to Mr Parkinson, and tell him to look to it; and at all events, take care that old Jolter comes to no trouble by the business. How's the old wife, Jacob?"

"She's dreadful bad with rheumatis, sir; but the stuff that Madam sends her does her a wonndy deal of good, sir, in her inside."

"Well, we must try if we can't send you some more; and, harkee, if the goodwife doesn't get better soon, come up to the hall, and we'll have the doctor call on her. Now, Kate, let us away homeward." And they were soon out of sight.

I do not intend to deal so unceremoniously or summarily as Mr Aubrey did with the document which had been brought to his notice by Jolter, then handed over to Waters, and by him, according to orders, transmitted the next day to Mr Parkinson, Mr Aubrey's attorney. It was what is called a "DECLARATION IN EJECTMENT;" touching which, in order to throw a ray or two of light upon a document which will make no small figure in this history, I have been to a very renowned sergeant-atlaw, and have gained a little information on the point.

If Jones claims a debt, or goods, or damages from Smith, one would think that, if he went to law, the action would be "Jones versus Smith;" and so it is. But behold, if it be LAND which is claimed by Jones from Smith, the style and name of the cause stands thus: -" Doe, on the demise of Jones, versus Roe." Instead, therefore, of Jones and Smith fighting out the matter in their own proper names, they set up a couple of puppets, (called John Doe and Richard Roe,) who fall upon one another in a very quaint fashion, after the manner of Punch and Judy. John Doe pretends to be the real plaintiff, and Richard Roe the real defendant. John Doe says that the land which Richard Roe has is his, (the said John Doe's,) because Smith (the real plaintiff) gave him a lease of it; and Smith is then called "the lessor of the plain

tiff." John Doe further says that one Richard Roe, (who calls himself by the very significant and expressive name of a "Casual Ejector,") came and turned him out, and so John Doe brings his action against Richard Roe. I am informed that whenever land is sought to be recovered in England, this anomalous and farcical proceed ing must be adopted. It is, it seems, the duty of the real plaintiff (Jones)

to serve on the real defendant (Smith) the queer document which I shall proceed to lay before the reader; and also to append to it an affectionate note, intimating the serious consequences which will ensue upon inattention or contumacy. The "Declaration," then, which had been served upon old Jolter, was in the words, letters, and figures following that is to say:

"IN THE COMMON PLEAS.

"Michaelmas Term, -th Geo. III.

"YORKSHIRE, to-wit-Richard Roe was attached to answer John Doe of a plea wherefore the said Richard Roe, with force and arms, &c., entered into two messuages, two dwelling-houses, two cottages, two stables, two out-houses, two yards, two gardens, two orchards, twenty acres of land covered with water, twenty acres of arable land, twenty acres of pasture land, and twenty acres of other land, with the appurtenances, situated in the parish of Yatton, in the County of Yorkshire, which TITTLEBAT TITMOUSE, Esquire, had demised to the said John Doe for a term which is not yet expired, and ejected him from his said farm, and other wrongs to the said John Doe there did, to the great damage of the said John Doe, and against the peace of our Lord the King, &c.; and Thereupon the said John Doe, by OILY GAMMON, his attorney, complains,

"That whereas the said TITTLEBAT TITMOUSE, on this -th day of August, in the year of our Lord 1813, at the parish aforesaid, in the county aforesaid, had demised the same tenements, with the appurtenances, to the said John Doe, to have and to hold the same to the said John Doe and his assigns from thenceforth, for and during, and unto the full end and term of twenty years from thence next ensuing, and fully to be completed and ended: By virtue of which said demise, the said John Doe entered into the said tenements, with the appurtenances, and became and was thereof possessed for the said term, so to him thereof granted as aforesaid. And the said John Doe being so thereof possessed, the said Richard Roe afterwards, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, with force and arms, &c., entered into the said tenements, with the appurtenances, which the said TITTLE. BAT TITMOUSE had demised to the said John Doe in manner and for the term aforesaid, which is not yet expired, and ejected the said John Doe from his said farm; and other wrongs to the said John Doe then and there did, to the great damage of the said John Doe, and against the peace of our said lord the now King. Wherefore the said John Doe saith that he is injured, and hath sus tained damages to the value of £50, and therefore he brings his suit, &c. John Den.

"LEATHERHEAD, for the Plaintiff. Pledges of

TITTIWITTY, for the Defendant. ( Prosecutor. ( Richard Fenn.

"MR JACOB JOLTER,

" I am informed that you are in possession of, or claim title to, the premises mentioned in the Declaration of Ejectment mentioned, or to some part thereof: And I, being sued in this action as a casual ejector only, and having no claim or title to the same, do advise you to appear, next Hilary Term, in His Majesty's Court of Common Pleas at Westminster, by some attorney of that Court; and then and there, by a rule to be made of the same Court, to cause yourself to be made defendant in my stead; otherwise, I shall suffer judgment to be entered against me by default, and you will be turned out of possession. "Richard Roe.

"Your loving friend,

" Dated this 8th day of December 18-."

You may regard the above document in the light of a deadly and destructive missile, thrown by an unperceived enemy into a peaceful citadel, attracting no particular notice from

the innocent, unsuspecting inhabitants-amongst whom, nevertheless, it presently explodes, and all is terror, death, and ruin.

HYMNS OF A HERMIT.

BY ARCHÆUS.

HYMN XII.

1.

O'ER throngs of men around I cast mine eyes,
While each to separate work his hand applies;
The mean who toil for food, the proud for fame,
And crowds by custom led, with scarce an aim.

2.

Here busy dwarfs gigantic shadows chase,
As if they thus could grow a giant race;
Unknowing what they are, they fain would be
Such empty dreams as in their sleep they see.

3.

There lives, like glittering bubbles mount the sky,
Contemning earth, from whence they rose on high,
A moment catch the stars' eternal rays,

And burst and vanish in the moon's clear gaze:

4.

Or torn by passion, swoln with falsest pride,
Betray'd by doubt that mocks each surer guide,
The rebel heart, in self-enthroned disdain,
Its lawless weakness boasts, and penal pain.

5.

Alone it loves to bleed and groan apart,

And scorn the crowd who stir the seething mart,
Who each will own, befool'd by ease and pelf,
Nor earth nor heaven beyond his shrivell'd self.

6.

And yet, O God! within each darken'd soul
Is life akin to thy creation's whole,

That needs but will to see, and straight would find
The world one frame for one pervading Mind,

7.

In all things round one sacred Power would know,
From Thee diffused through all thy works below;
In every breath of life would hear thy call,
And All discern in Each, and Thee in All.

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A truth too vast for spirits lost in sloth,
By self-indulgence marr'd of nobler growth,
Who bear about, in impotence and shame,
Their human reason's visionary name.

9.

Oh! grant the crowds of earth may read thy plan, And strive to reach the hope design'd for man; Though now, shorn, stunted, twisted, wither'd, spent, We dare not dream how high thy love's intent.

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