"She's dreadful bad with rheumatis, sir; but the stuff that Madam sends her does her a woundy 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, send us up word 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 shall try to give the reader a little information on the point; and hope that a little attention to what now follows, will be repaid in due time. Here beginneth a little lecture on law.
If Jones claim a debt, or goods, or damages, from Smith, one should think that, if he went to law, the action would be entitled "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 stand 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 Jones (the real plaintiff) gave him a lease of it; and Jones is then called "the lessor of the plaintiff." 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. 'Tis a fact, that whenever land is sought to be recovered in England, this anomalous and farcical proceeding must be adopted.[[15]] It is the duty of the real plaintiff (Jones) to serve on the real defendant (Smith) a copy of 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 King's Bench.
"Michaelmas Term, the—— of King——.
"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 Yatton, in the county of York, 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 the —th day of August, in the year of our Lord 18—, at Yatton 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 thenceforth, for and during, and unto the full end and term of twenty years 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, that is to say with swords, staves, and knives, &c., entered into the said tenements, with the appurtenances, which the said Tittlebat 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 out of 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 sustained damage to the value of £50, and therefore he brings his suit, &c.
| "Squeal, for the Plaintiff. | { | Pledges of | } | John Den. |
| Growl, for the Defendant. | Prosecution. | Richard Fenn. |
"Mr. Jacob Jolter,