"Videsne quis venit?""Video, et gaudeo."Nathaniel et Holofernes.
"Videsne quis venit?""Video, et gaudeo."
Nathaniel et Holofernes.
Tom Wychecombe had experienced an uneasiness that it is unnecessary to explain, ever since he learned that his reputed uncle had sent a messenger to bring the "half-blood" to the Hall. From the moment he got a clue to the fact, he took sufficient pains to ascertain what was in the wind; and when Sir Reginald Wychecombe entered the house, the first person he met was this spurious supporter of the honours of his name.
"Sir Reginald Wychecombe, I presume, from the arms and the liveries," said Tom, endeavouring to assume the manner of a host. "It is grateful to find that, though we are separated by quite two centuries, all the usages and the bearings of the family are equally preserved and respected, by both its branches."
"I am Sir Reginald Wychecombe, sir, and endeavour not to forget the honourable ancestry from which I am derived. May I ask what kinsman I have the pleasure now to meet?"
"Mr. Thomas Wychecombe, sir, at your command; theeldestson of Sir Wycherly's next brother, the late Mr. Baron Wychecombe. I trust, Sir Reginald, you have not considered us as so far removed in blood, as to have entirely overlooked our births, marriages, and deaths."
"I havenot, sir," returned the baronet, drily, and with an emphasis that disturbed his listener, though the cold jesuitical smile that accompanied the words, had the effect to calm his vivid apprehensions. "Allthat relates to the house of Wychecombe has interest in my eyes; and I have endeavoured, successfully I trust, to ascertainallthat relates to its births,marriages, and deaths. I greatly regret that the second time I enter this venerable dwelling, should be on an occasion as melancholy as this, on which I am now summoned. How is your respectable—how is Sir Wycherly Wychecombe, I wish to say?"
There was sufficient in this answer, taken in connection with the deliberate, guarded, and yet expressive manner of the speaker to make Tom extremely uncomfortable, though there was also sufficient to leave him in doubts as to his namesake's true meaning. The words emphasized by the latter, were touched lightly, though distinctly; and the cold, artificial smile with which they were uttered, completely baffled the sagacity of a rogue, as common-place as the heir-expectant. Then the sudden change in the construction of the last sentence, and the substitution of the name of the person mentioned, for the degree of affinity in which he was supposed to stand to Tom, might be merely a rigid observance of the best tone of society, or it might be equivocal. All these little distinctions gleamed across the mind of Tom Wychecombe; but that was not the moment to pursue the investigation. Courtesy required that he should make an immediate answer, which he succeeded in doing steadily enough as to general appearances, though his sagacious and practised questioner perceived that his words had not failed of producing the impression he intended; for he had looked to their establishing a species of authority over the young man.
"My honoured and beloved uncle has revived a little, they tell me," said Tom; "but I fear these appearances are delusive. After eighty-four, death has a fearful hold upon us, sir! The worst of it is, that my poor, dear uncle's mind is sensibly affected; and it is quite impossible to get at any of his little wishes, in the way of memorials and messages—"
"How then, sir, came Sir Wycherly to honourmewith a request to visit him?" demanded the other, with an extremely awkward pertinency.
"I suppose, sir, he has succeeded in muttering your name, and that a natural construction has been put on its use, at such a moment. His will has been made some time, I understand; though I am ignorant of even the name of the executor, as it is closed in an envelope, and sealed with Sir Wycherly's arms. It cannot be, then, on account of awill, that he has wished to see you. I rather think, as the next of the family,out of the direct line of succession, he may have ventured to name you as the executor of the will in existence, and has thought it proper to notify you of the same."
"Yes, sir," returned Sir Reginald, in his usual cold, wary manner; "though it would have been more in conformity with usage, had the notification taken the form of a request to serve, previously to making the testament. My letter was signed 'Gervaise Oakes,' and, as they tell me a fleet is in the neighbourhood, I have supposed that the celebrated admiral of that name, has done me the honour to write it."
"You are not mistaken, sir; Sir Gervaise Oakes is in the house—ah—here he comes to receive you, accompanied by Rear-Admiral Bluewater, whom the sailors call his mainmast."
The foregoing conversation had taken place in a little parlour that led off from the great hall, whither Tom had conducted his guest, and in which the two admirals now made their appearance. Introductions were scarcely necessary, the uniform and star—for in that age officers usually appeared in their robes—the uniform and star of Sir Gervaise at once proclaiming his rank and name; while, between Sir Reginald and Bluewater there existed a slight personal acquaintance, which had grown out of their covert, but deep, Jacobite sympathies.
"Sir Gervaise Oakes," and "Sir Reginald Wychecombe," passed between the gentlemen, with a hearty shake of the hand from the admiral, which was met by a cold touch of the fingers on the part of the other, that might very well have passed for the great model of the sophisticated manipulation of the modern salute, but which, in fact, was the result of temperament rather than of fashion. As soon as this ceremony was gone through, and a few brief expressions of courtesy were exchanged, the new comer turned to Bluewater, with an air of greater freedom, and continued—
"And you, too, Sir Richard Bluewater! I rejoice to meet an acquaintance in this melancholy scene."
"I am happy to see you, Sir Reginald; though you have conferred on me a title to which I have no proper claim."
"No!—the papers tell us that you have received one of the lately vacant red ribands?"
"I believe some such honour has been in contemplation—"
"Contemplation!—I do assure you, sir, your name is fairly and distinctly gazetted—as, by sending to my carriage, it will be in my power to show you. I am, then, the first to call you Sir Richard."
"Excuse me, Sir Reginald—there is some little misapprehension in this matter; I prefer to remain plain Rear-Admiral Bluewater. In due season, all will be explained."
The parties exchanged looks, which, in times like those in which they lived, were sufficiently intelligible to both; and the conversation was instantly changed. Before Sir Reginald relinquished the hand he held, however, he gave it a cordial squeeze, an intimation that was returned by a warm pressure from Bluewater. The party then began to converse of Sir Wycherly, his actual condition, and his probable motive in desiring to see his distant kinsman. This motive, Sir Gervaise, regardless of the presence of Tom Wychecombe, declared to be a wish to make a will; and, as he believed, the intention of naming Sir Reginald his executor, if not in some still more interesting capacity.
"I understand Sir Wycherly has a considerable sum entirely at his own disposal," continued the vice-admiral; "and I confess I like to see a man remember his friends and servants, generously, in his last moments. The estate is entailed, I hear; and I suppose Mr. Thomas Wychecombe here, will be none the worse for that precaution in his ancestor; let the old gentleman do as he pleases with his savings."
Sir Gervaise was so much accustomed to command, that he did not feel the singularity of his own interference in the affairs of a family of what might be called strangers, though the circumstance struck Sir Reginald, as a little odd. Nevertheless, the last had sufficient penetration to understand the vice-admiral's character at a glance, and the peculiarity made no lasting impression. When the allusion was made to Tom's succession, as a matter of course, however, he cast a cold, but withering look, at the reputed heir, which almost chilled the marrow in the bones of the jealous rogue.
"Might I say a word to you, in your own room, Sir Gervaise?" asked Sir Reginald, in an aside. "These matters ought not to be indecently hurried; and I wish to understand the ground better, before I advance."
This question was overheard by Bluewater; who, begging the gentlemen to remain where they were, withdrew himself, taking Tom Wychecombe with him. As soon as they were alone, Sir Reginald drew from his companion, by questions warily but ingeniously put, a history of all that had occurred within the last twenty-four hours; a knowledge of the really helpless state of Sir Wycherly, and of the manner in which he himself had been summoned, included. When satisfied, he expressed a desire to see the sick man.
"By the way, Sir Reginald," said the vice-admiral, with his hand on the lock of the door, arresting his own movement to put the question; "I see, by your manner of expressing yourself, that the law has not been entirely overlooked in your education. Do you happen to know what 'half-blood' means? it is either a medical or a legal term, and I understand few but nautical."
"You could not apply to any man in England, Sir Gervaise, better qualified to tell you," answered the Hertfordshire baronet, smiling expressively. "I am a barrister of the Middle Temple, having been educated as a younger son, and having since succeeded an elder brother, at the age of twenty-seven; I stand in the unfortunate relation of the 'half-blood' myself, to this very estate, on which we are now conversing."
Sir Reginald then proceeded to explain the law to the other, as we have already pointed it out to the reader; performing the duty succinctly, but quite clearly.
"Bless me!—bless me! Sir Reginald," exclaimed the direct-minded andjust-minded sailor—"here must be some mistake! A fortieth cousin, or the king, take this estate before yourself, though you are directly descended from all the old Wychecombes of the times of the Plantagenets!"
"Such is the common law, Sir Gervaise. Were I Sir Wycherly's half-brother, or a son by a second wife of our common father, I could not take fromhim, although that common father had earned the estate by his own hands, or services."
"This is damnable, sir—damnable—and you'll pardon me, but I can hardly believe we have such a monstrous principle in the good, honest, well-meaning laws, of good, honest, well-meaning old England!"
Sir Reginald was one of the few lawyers of his time, who did not recognize the virtue of this particular provision of the common law; a circumstance that probably arose from his having sosmallan interest now in the mysteries of the profession, and solargean interest in the family estate of Wychecombe, destroyed by itsdictum. He was, consequently, less surprised, and not at all hurt, at the evident manner in which the sailor repudiated his statement, as doing violence equally to reason, justice, and probability.
"Good, honest, well-meaning old England tolerates many grievous things, notwithstanding, Sir Gervaise," he answered; "among others, it tolerates the law of the half-blood. Much depends on the manner in which men view these things; that which seems gold to one, resembling silver in the eyes of another. Now, I dare say,"—this was said as a feeler, and with a smile that might pass for ironical or confiding, as the listener pleased to take it—"Now, I dare say, the clans would tell us that England tolerates an usurper, while her lawful prince was in banishment; thoughyouandImight not feel disposed to allow it."
Sir Gervaise started, and cast a quick, suspicious glance at the speaker; but there the latter stood, with as open and guileless an expression on his handsome features, as was ever seen in the countenance of confiding sixteen.
"Your supposititious case is no parallel," returned the vice-admiral, losing every shade of suspicion, at this appearance of careless frankness; "since men often follow their feelings in their allegiance, while the law is supposed to be governed by reason and justice. But, now we are on the subject, will you tell me. Sir Reginald, if you also know what anullusis?"
"I have no farther knowledge of the subject, Sir Gervaise," returned the other, smiling, this time, quite naturally; "than is to be found in the Latin dictionaries and grammars."
"Ay—you meannullus, nulla, nullum. Even we sailors knowthat; as we all go to school before we go to sea. But, Sir Wycherly, in efforts to make himself understood, called you a 'half-blood.'"
"And quite correctly—I admit such to be the fact; and that I have no morelegalclaim, whatever on this estate, than you have yourself. Mymoralright, however, may be somewhat better."
"It is much to your credit, that you so frankly admit it, Sir Reginald; for, hang me, if I think even the judges would dream of raising such an objection to your succeeding, unless reminded of it."
"Therein you do them injustice, Sir Gervaise; as it is their duty to administer the laws, let them be what they may."
"Perhaps you are right, sir. But the reason for my asking what anullusis, was the circumstance that Sir Wycherly, in the course of his efforts to speak, repeatedly called his nephew and heir, Mr. Thomas Wychecombe, by that epithet."
"Did he, indeed?—Was the epithet, as you well term it,filius nullius?"
"I rather think it wasnullus—though I do believe the wordfiliuswas muttered, once or twice, also."
"Yes, sir, this has been the case; and I am not sorry Sir Wycherly is aware of the fact, as I hear that the young man affects to consider himself in a different point of view. Afilius nulliusis the legal term for a bastard—the 'son of nobody,' as you will at once understand. I am fully aware that such is the unfortunate predicament of Mr. Thomas Wychecombe, whose father, I possess complete evidence to show, was never married to his mother."
"And yet, Sir Reginald, the impudent rascal carries in his pocket even, a certificate, signed by some parish priest in London, to prove the contrary."
The civil baronet seemed surprised at this assertion of his military brother; but Sir Gervaise explaining what had passed between himself and the young man, he could no longer entertain any doubt of the fact.
"Since you have seen the document," resumed Sir Reginald, "it must, indeed, be so; and this misguided boy is prepared to take any desperate step in order to obtain the title and the estate. All that he has said about a will must be fabulous, as no man in his senses would risk his neck to obtain so hollow a distinction as a baronetcy—we are equally members of the class, and may speak frankly, Sir Gervaise—and the will would secure the estate, if there were one. I cannot think, therefore, that there is a will at all."
"If this will were not altogether to the fellow's liking, would not the marriage, beside the hollow honour of which you have spoken, put the whole of the landed property in his possession, under the entail?"
"It would, indeed; and I thank you for the suggestion. If, however, Sir Wycherly is desirous,now, of making anewwill, and has strength and mind sufficient to execute his purpose, theoldone need give us no concern. This is a most delicate affair for one in my situation to engage in, sir; and I greatly rejoice that I find such honourable and distinguished witnesses, in the house, to clear my reputation, should any thing occur to require such exculpation. On the one side, Sir Gervaise, there is the danger of an ancient estate's falling into the hands of the crown, and this, too, while one of nostainof blood, derived from the same honourable ancestors as the last possessor, is in existence; or, on the other, of its becoming the prey of one of base blood, and of but very doubtful character. The circumstance that Sir Wycherly desired my presence, is a great deal; and I trust to you, and to those with you, to vindicate the fairness of my course. If it's your pleasure, sir, we will now go to the sick chamber."
"With all my heart. I think, however, Sir Reginald," said the vice-admiral, as he approached the door; "that even in the event of an escheat, you would find these Brunswick princes sufficiently liberal to restore the property. I could not answer for those wandering Scotchmen; who have so many breechless nobles to enrich; but, I think, with the Hanoverians, you would be safe."
"The last have certainly one recommendation the most," returned the other, smiling courteously, but in a way so equivocal that even Sir Gervaise was momentarily struck by it; "they have fed so well, now, at the crib, that they may not have the same voracity, as those who have been long fasting. It would be, however, more pleasant to take these lands from a Wychecombe—a Wychecombe to a Wychecombe—than to receive them anew from even the Plantagenet who made the first grant."
This terminated the private dialogue, as the colloquists entered the hall, just as the last speaker concluded. Wycherly was conversing, earnestly, with Mrs. Dutton and Mildred, at the far end of the hall, when the baronets appeared; but, catching the eye of the admiral, he said a few words hastily to his companions, and joined the two gentlemen, who were now on their way to the sick man's chamber.
"Here is a namesake, if not a relative, Sir Reginald," observed Sir Gervaise, introducing the lieutenant; "and one, I rejoice to say, of whom all of even your honourable name have reason to be proud."
Sir Reginald's bow was courteous and bland, as the admiral proceeded to complete the introduction; but Wycherly felt that the keen, searching look he bestowed on himself, was disagreeable.
"I am not at all aware, that I have the smallest claim to the honour of being Sir Reginald Wychecombe's relative," he said, with cold reserve. "Indeed, until last evening, I was ignorant of the existence of the Hertfordshire branch of this family; and you will remember, Sir Gervaise, that I am a Virginian."
"A Virginian!" exclaimed his namesake, taken so much by surprise as to lose a little of his self-command, "I did not know, indeed, that any who bear the name had found their way to the colonies."
"And if they had, sir, they would have met with a set of fellows every way fit to be their associates, Sir Reginald. We English are a little clannish—I hate the word, too; it has such a narrow Scotch sound—but weareclannish, although generally provided with garments to our nether limbs; and we sometimes look down upon even a son, whom the love of adventure has led into that part of the world. In my view an Englishman is an Englishman, let him come from what part of the empire he may. That is what I call genuine liberality, Sir Reginald."
"Quite true, Sir Gervaise; and a Scotchman is a Scotchman, even though he come from the north of Tweed."
This was quietly said, but the vice-admiral felt the merited rebuke it contained, and he had the good-nature and the good sense to laugh at it, and to admit his own prejudices. This little encounter brought the party to Sir Wycherly's door, where all three remained until it was ascertained that they might enter.
The next quarter of an hour brought about a great change in the situation of all the principal inmates of Wychecombe Hall. The interdict was taken off the rooms of Sir Wycherly, and in them had collected all the gentlemen, Mrs. Dutton and her daughter, with three or four of the upper servants of the establishment. Even Galleygo contrived to thrust his ungainly person in, among the rest, though he had the discretion to keep in the background among his fellows. In a word, both dressing-room and bed-room had their occupants, though the last was principally filled by the medical men, and those whose rank gave them claims to be near the person of the sick.
It was now past a question known that poor Sir Wycherly was on his death-bed. His mind had sensibly improved, nor was his speech any worse; but his physical system generally had received a shock that rendered recovery hopeless. It was the opinion of the physicians that he might possibly survive several days; or, that he might be carried off, in a moment, by a return of the paralytic affection.
The baronet, himself, appeared to be perfectly conscious of his situation; as was apparent by the anxiety he expressed to get his friends together, and more especially the concern he felt to make a due disposition of his worldly affairs. The medical men had long resisted both wishes, until, convinced that the question was reduced to one of a few hours more or less of life, and that denial was likely to produce worse effects than compliance, they finally and unanimously consented.
"It's no a great concession to mortal infirmity to let a dying man have his way," whispered Magrath to the two admirals, as the latter entered the room. "Sir Wycherly is a hopeless case, and we'll just consent to let him make a few codicils, seeing that he so fairvently desires it; and then there may be fewer hopeless deevils left behind him, when he's gathered to his forefathers."
"Here we are, my dear Sir Wycherly," said the vice-admiral, who never lost an occasion to effect his purpose, by any unnecessary delay; "here we all are anxious to comply with your wishes. Your kinsman, Sir Reginald Wychecombe, is also present, and desirous of doing your pleasure."
It was a painful sight to see a man on his death-bed, so anxious to discharge the forms of the world, as the master of the Hall now appeared to be. There had been an unnecessary alienation between the heads of the two branches of the family; not arising from any quarrel, or positive cause of disagreement, but from a silent conviction in both parties, that each was unsuited to the other. They had met a few times, and always parted without regret. The case was now different; the separation was, in one sense at least, to be eternal; and all minor considerations, all caprices of habits or despotism of tastes, faded before the solemn impressions of the moment. Still, Sir Wycherly could not forget that he was master of Wychecombe, and that his namesake was esteemed a man of refinement; and, in his simple way of thinking he would fain have arisen, in order to do him honour. A little gentle violence, even, was necessary to keep the patient quiet.
"Much honoured, sir—greatly pleased," muttered Sir Wycherly, the words coming from him with difficulty. "Same ancestors—same name—Plantagenets—old house, sir—head go, new one come—none better, than—"
"Do not distress yourself to speak, unnecessarily, my dear sir," interrupted Sir Reginald, with more tenderness for the patient than consideration for his own interest, as the next words promised to relate to the succession. "Sir Gervaise Oakes tells me, he understands your wishes, generally, and that he is now prepared to gratify them. First relieve your mind, in matters of business; and, then, I shall be most happy to exchange with you the feelings of kindred."
"Yes, Sir Wycherly," put in Sir Gervaise, on this hint; "I believe I have now found the clue to all you wish to say. The few words written by you, last night, were the commencement of a will, which it is your strong desire to make. Do not speak, but raise your right hand, if I am not mistaken."
The sick man actually stretched his right arm above the bed-clothes, and his dull eyes lighted with an expression of pleasure, that proved how strongly his feelings were enlisted in the result.
"You see, gentlemen!" said Sir Gervaise, with emphasis. "No one can mistake the meaning of this! Come nearer, doctor—Mr. Rotherham—all who have no probable interest in the affair—I wish it to be seen that Sir Wycherly Wychecombe is desirous of making his will."
The vice-admiral now went through the ceremony of repeating his request, and got the same significant answer.
"So I understood it, Sir Wycherly, and I believe now I also understand all about the 'half,' and the 'whole,' and the 'nullus.' You meant to tell us that your kinsman, Sir Reginald Wychecombe, was of the 'half-blood' as respects yourself, and that Mr. Thomas Wychecombe, your nephew, is what is termed in law—however painful this may be, gentlemen, at such solemn moments the truth must be plainly spoken—that Mr. Thomas Wychecombe is what the law terms a 'filius nullius.' If we have understood you in this, also, have the goodness to give this company the same sign of assent."
The last words were scarcely spoken, before Sir Wycherly again raised his arm, and nodded his head.
"Here there can be no mistake, and no one rejoices in it more than I do myself; for, the unintelligible words gave me a great deal of vexation. Well, my dear sir, understanding your wishes, my secretary, Mr. Atwood, has drawn the commencement of a will, in the usual form, using your own pious and proper language of—'In the name of God, Amen,' as the commencement; and he stands ready to write down your bequests, as you may see fit to name them. We will take them, first, on a separate piece of paper; then read them to you, for your approbation; and afterwards, transcribe them into the will. I believe, Sir Reginald, that mode would withstand the subtleties of all the gentlemen of all the Inns of Court?"
"It is a very proper and prudent mode for executing a will, sir, under the peculiar circumstances," returned he of Hertfordshire. "But, Sir Gervaise, my situation, here, is a little delicate, as may be that of Mr. Thomas Wychecombe—others of the name and family, if any such there be. Would it not be well to inquire if our presence is actually desired by the intended testator?"
"Is it your wish, Sir Wycherly, that your kinsmen and namesakes remain in the room, or shall they retire until the will is executed? I will call over the names of the company, and when you wish any one, in particular, to stay in the room, you will nod your head."
"All—all stay," muttered Sir Wycherly; "Sir Reginald—Tom—Wycherly—all—"
"This seems explicit enough, gentlemen," resumed the vice-admiral. "You areallrequested to stay; and, if I might venture an opinion, our poor friend has named those on whom he intends his bequests to fall—and pretty much, too, in the order in which they will come."
"That will appear more unanswerably when Sir Wycherly has expressed his intentions in words," observed Sir Reginald, very desirous that there should not be the smallest appearance of dictation or persuasion offered to his kinsman, at a moment so grave. "Let me entreat that no leading questions be put."
"Sir Gervaise understands leading in battle, much better than in a cross-examination, Sir Reginald," Bluewater observed, in a tone so low, that none heard him but the person to whom the words were addressed. "I think we shall sooner get at Sir Wycherly's wishes, by allowing him to take his own course."
The other bowed, and appeared disposed to acquiesce. In the mean time preparations were making for the construction of the will. Atwood seated himself at a table near the bed, and commenced nibbing his pens; the medical men administered a cordial; Sir Gervaise caused all the witnesses to range themselves around the room, in a way that each might fairly see, and be seen; taking care, however, so to dispose of Wycherly, as to leave no doubt of his handsome person's coming into the sick man's view. The lieutenant's modesty might have rebelled at this arrangement, had he not found himself immediately at the side of Mildred.
"Yet, all is o'er!—fear, doubt, suspense, are fled,Let brighter thoughts be with the virtuous dead!The final ordeal of the soul is past,And the pale brow is sealed to Heaven at last."Mrs. Hemans.
"Yet, all is o'er!—fear, doubt, suspense, are fled,Let brighter thoughts be with the virtuous dead!The final ordeal of the soul is past,And the pale brow is sealed to Heaven at last."
Mrs. Hemans.
It will be easily supposed that Tom Wychecombe witnessed the proceedings related in the preceding chapter with dismay. The circumstance that he actually possessed abona fidewill of his uncle, which left him heir of all the latter owned, real or personal, had made him audacious, and first induced him to take the bold stand of asserting his legitimacy, and of claiming all its consequences. He had fully determined to assume the title on the demise of Sir Wycherly; plausibly enough supposing that, as there was no heir to the baronetcy, the lands once in his quiet possession, no one would take sufficient interest in the matter to dispute his right to the rank. Here, however, was a blow that menaced death to all his hopes. His illegitimacy seemed to be known to others, and there was every prospect of a new will's supplanting the old one, in its more important provisions, at least. He was at a loss to imagine what had made this sudden change in his uncle's intentions; for he did not sufficiently understand himself, to perceive that the few months of close communion which had succeeded the death of his reputed father, had sufficed to enlighten Sir Wycherly on the subject of his own true character, and to awaken a disgust that had remained passive, until suddenly aroused by the necessity of acting; and, least of all, could he understand how surprisingly the moral vision of men is purified and enlarged, as respects both the past and the future, by the near approach of death. Although symptoms of strong dissatisfaction escaped him, he quieted his feelings as much as possible, cautiously waiting for any occurrence that might be used in setting aside the contemplated instrument, hereafter; or, what would be still better, to defeat its execution, now.
As soon as the necessary preparations were made, Atwood, his pen nibbed, ink at hand, and paper spread, was ready to proceed: and a breathless stillness existing in the chamber, Sir Gervaise resumed the subject on which they were convened.
"Atwood will read to you what he has already written, Sir Wycherly," he said; "should the phraseology be agreeable to you, you will have the goodness to make a sign to that effect. Well, if all is ready, you can now commence—hey! Atwood?"
"'In the name of God, Amen,'" commenced the methodical secretary; "'I, Wycherly Wychecombe, Bart., of Wychecombe-Hall, in the county of Devon, being of sound mind, but of a feeble state of health, and having the view of death before my eyes, revoking all other wills, codicils, or testamentary devises, whatsoever, do make and declare this instrument to be my last will and testament: that is to say, Imprimis, I do hereby constitute and appoint —— —— of ——, the executor of this my said will, with all the powers and authority that the law gives, or may hereafter give to said executor. Secondly, I give and bequeath to ——.' This is all that is yet written, Sir Gervaise, blanks being left for the name or names of the executor or executors, as well for the 's' at the end of 'executor,' should the testator see fit to name more than one."
"There, Sir Reginald," said the vice-admiral, not altogether without exultation; "this is the way we prepare these things on board a man-of-war! A flag-officer's secretary needs have himself qualified to do any thing, short of a knowledge of administering to the cure of souls!"
"And the cure of bodies, ye'll be permitting me to add, Sir Gervaise," observed Magrath, taking an enormous pinch of a strong yellow snuff.
"Our secretary would make but a lubberly fist at turning off a delicate turtle-soup out of pig's-head; such as we puts on our table at sea, so often," muttered Galleygo in the ear of Mrs. Larder.
"I see nothing to object to, Sir Gervaise, if the language is agreeable to Sir Wycherly," answered the barrister by profession, though not by practice. "It would be advisable to get his approbation of even the language."
"That we intend to do, of course, sir. Sir Wycherly, do you find the terms of this will to your liking?"
Sir Wycherly smiled, and very clearly gave the sign of assent.
"I thought as much—for, Atwood has made the wills of two admirals, and of three captains, to my knowledge; and my Lord Chief Justice said that one of the last would have done credit to the best conveyancer in England, and that it was a pity the testator had nothing to bequeath. Now, Sir Wycherly, will you have one executor, or more? Ifone, hold up a single finger; and a finger for each additional executor you wish us to insert in these blanks. One, Atwood—you perceive, gentlemen, that Sir Wycherly raises butonefinger; and so you can give a flourish at the end of the 'r,' as the word will be in the singular;—hey! Atwood?"
The secretary did as directed, and then reported himself ready to proceed.
"It will be necessary for you now tonameyour executor, Sir Wycherly—make as little effort as possible, as we shall understand the name, alone."
Sir Wycherly succeeded in uttering the name of "Sir Reginald Wychecombe," quite audibly.
"This is plain enough," resumed the vice-admiral; "how does the sentence read now, Atwood?"
"'Imprimis:—I do hereby constitute and appoint Sir Reginald Wychecombe of Wychecombe-Regis, in the county of Herts, Baronet, the executor of this my said will, &c.'"
"If that clause is to your liking, Sir Wycherly, have the goodness to give the sign agreed on."
The sick man smiled, nodded his head, raised his hand, and looked anxiously at his kinsman.
"I consent to serve, Sir Wycherly, if such is your desire," observed the nominee, who detected the meaning of his kinsman's look.
"And now, sir," continued the vice-admiral; "it is necessary to ask you a few questions, in order that Atwood may know what next to write. Is it your desire to bequeath any real estate?" Sir Wycherly assented. "Do you wish to bequeathallyour real estate?" The same sign of assent was given. "Do you wish to bequeathallto one person?" The sign of assent was given to this also. "This makes plain sailing, and a short run,—hey! Atwood?"
The secretary wrote as fast as possible, and in two or three minutes he read aloud, as follows—
"'Secondly, I make and declare the following bequests or devises—that is to say, I give and bequeath to —— —— of ———, all the real estate of which I may die seised, together with all the houses, tenements, hereditaments, and appurtenances thereunto belonging, and all my rights to the same, whether in law or equity, to be possessed and enjoyed by the said —— —— of ——— in fee, by —— heirs, executors, administrators, or assigns, for ever.' There are blanks for the name and description, as well as for the sex of the devisee," added the secretary.
"All very proper and legal, I believe, Sir Reginald?—I am glad you think so, sir. Now, Sir Wycherly, we wait for the name of the lucky person you mean thus to favour."
"Sir Reginald Wychecombe," the sick man uttered, painfully; "half-blood—nonullus. Sir Michael's heir—myheir."
"This is plain English!" cried Sir Gervaise, in the way of a man who is not displeased; "put in the name of 'Sir Reginald Wychecombe of Wychecombe-Regis, Herts,' Atwood—ay—that justs fills the blank handsomely—you want 'hisheirs, executors, &c.' in the other blank."
"I beg your pardon, Sir Gervaise; it should read 'byhimself, hisheirs, &c.'"
"Very true—very true, Atwood. Now read it slowly, and Sir Wycherly will assent, if he approve."
This was done, and Sir Wycherly not only approved, but it was apparent to all present, the abashed and confounded Tom himself not excepted, that he approved, with a feeling akin to delight.
"That gives a black eye to all the land,—hey! Atwood?" said Sir Gervaise; who, by this time, had entered into the business in hand, with all the interest of a regular notary—or, rather, with that of one, on whose shoulders rested the responsibility of success or failure. "We come next to the personals. Do you wish to bequeath your furniture, wines, horses, carriages, and other things of that sort, to any particular person, Sir Wycherly?"
"All—Sir Reginald—Wychecombe—half-blood—old Sir Michael's heir," answered the testator.
"Good—clap that down, Atwood, for it is doing the thing, as I like to see family affairs settled. As soon as you are ready, let us hear how it sounds in writing."
"I furthermore bequeath to the said Sir Reginald Wychecombe of Wychecombe-Regis, as aforesaid, baronet, all my personal property, whatsoever,'" read Atwood, as soon as ready; "'including furniture, wines, pictures, books, horses and carriages, and all other goods and chattels, of which I may die possessed, excepting thereout and therefrom, nevertheless, such sums in money, stocks, bonds, notes, or other securities for debts, or such articles as I may in this instrument especially devise to any other person.' We can now go to especial legacies, Sir Gervaise, and then another clause may make Sir Reginald residuary legatee, if such be Sir Wycherly's pleasure."
"If you approve of that clause, my dear sir, make the usual sign of assent."
Sir Wycherly both raised his hand and nodded his head, evidently quite satisfied.
"Now, my good sir, we come to the pounds—no—guineas? You like that better—well, I confess that it sounds better on the ear, and is more in conformity with the habits of gentlemen. Will you now bequeath guineas? Good—first name the legatee—is that right, Sir Reginald?"
"Quite right, Sir Gervaise; and Sir Wycherly will understand that he now names the first person to whom he wishes to bequeath any thing else."
"Milly," muttered the sick man.
"What? Mills!—the mills go with the lands, Sir Reginald?"
"He means Miss Mildred Dutton," eagerly interposed Wycherly, though with sufficient modesty.
"Yes—right—right," added the testator. "Little Milly—Milly Dutton—good little Milly."
Sir Gervaise hesitated, and looked round at Bluewater, as much as to say "this is bringing coals to Newcastle;" but Atwood took the idea, and wrote the bequest, in the usual form.
"'I give and bequeath to Mildred Dutton,'" he read aloud, "'daughter of Francis Dutton of the Royal Navy, the sum of ——' what sum shall I fill the blank with, Sir Wycherly?"
"Three—three—yes, three."
"Hundreds or thousands, my good sir?" asked Sir Gervaise, a little surprised at the amount of the bequest.
"Guineas—three—thousand—guineas—five per cents."
"That's as plain as logarithms. Give the young lady three thousand guineas in the fives, Atwood."
"'I give and bequeath to Mildred Dutton, daughter of Francis Dutton of the Royal Navy, the sum of three thousand guineas in the five per cent. stocks of this kingdom.' Will that do, Sir Wycherly?"
The old man looked at Mildred and smiled benevolently; for, at that moment, he felt he was placing the pure and lovely girl above the ordinary contingencies of her situation, by rendering her independent.
"Whose name shall we next insert, Sir Wycherly?" resumed the vice-admiral. "There must be many more of these guineas left."
"Gregory—and—James—children of my brother Thomas—Baron Wychecombe—five thousand guineas each," added the testator, making a great effort to express his meaning as clearly as possible.
He was understood; and, after a short consultation with the vice-admiral, Atwood wrote out the devise at length.
"'I give and bequeath to my nephews, Gregory and James Wychecombe, the reputed sons of my late brother, Thomas Wychecombe, one of the Barons of His Majesty's Exchequer, the sum of five thousand guineas, each, in the five per cent. funded debt of this kingdom.'"
"Do you approve of the devise, Sir Wycherly? if so, make the usual sign of assent?"
Sir Wycherly complied, as in all the previous cases of his approval.
"Whose name shall we next insert, in readiness for a legacy, Sir Wycherly?" asked the admiral.
Here was a long pause, the baronet evidently turning over in his mind, what he had done, and what yet remained to do.
"Spread yourselves, my friends, in such a way as to permit the testator to see you all," continued the vice-admiral, motioning with his hand to widen the circle around the bed, which had been contracted a little by curiosity and interest; "stand more this way,Lieutenant Wycherly Wychecombe, that the ladies may see and be seen; and you, too, Mr. Thomas Wychecombe, come further in front, where your uncle will observe you."
This speech pretty exactly reflected the workings of the speaker's mind. The idea that Wycherly was a natural child of the baronet's, notwithstanding the Virginian story, was uppermost in his thoughts; and, taking the supposed fact in connection with the young man's merit, he earnestly desired to obtain a legacy for him. As for Tom, he cared little whether his name appeared in the will or not. Justice was now substantially done, and the judge's property being sufficient for his wants, the present situation of the lately reputed heir excited but little sympathy. Nevertheless, Sir Gervaise thought it would be generous, under the circumstances, to remind the testator that such a being as Tom Wychecombe existed.
"Here is your nephew, Mr. Thomas, Sir Wycherly," he said; "is it your wish to let his name appear in your will?"
The sick man smiled coldly; but he moved his head, as much as to imply assent.
"'I give and bequeath to Thomas Wychecombe, the eldest reputed son of my late brother, Thomas, one of the Barons of His Majesty's Exchequer,'" read Atwood, when the clause was duly written; "'the sum of ——, in the five per cent. stocks of this kingdom.'"
"What sum will you have inserted, Sir Wycherly?" asked the vice-admiral.
"Fifty—fifty—pounds" said the testator, in a voice clearer and fuller than he had before used that day.
The necessary words were immediately inserted; the clause, as completed, was read again, and the approval was confirmed by a distinctly pronounced "yes." Tom started, but, as all the others maintained their self-command, the business of the moment did not the less proceed.
"Do you wish any more names introduced into your will, Sir Wycherly?" asked the vice-admiral. "You have bequeathed but—a-a-a—how much—hey! Atwood?—ay, ten and three are thirteen, and fiftypounds, make £13,180; and I hear you have £20,000 funded, besides loose cash, beyond a doubt."
"Ann Larder—Samuel Cork—Richard Bitts—David Brush—Phoebe Keys," said Sir Wycherly, slowly, giving time after each pause, for Atwood to write; naming his cook, butler, groom, valet or body-servant, and housekeeper, in the order they have been laid before the reader.
"How much to each, Sir Wycherly?—I see Atwood has made short work, and put them all in the same clause—that will never do, unless the legacies are the same."
"Good—good—right," muttered the testator; "£200—each—£1000—all—money—money."
This settled the point, and the clause was regularly written, read, and approved.
"This raises the money bequests to £14,180, Sir Wycherly—some 6 or £7000 more must remain to be disposed of. Stand a little further this way, if you please, Mr.WycherlyWychecombe, and allow the ladies more room. Whose name shall we insert next, sir?"
Sir Wycherly, thus directed by the eager desire of the admiral to serve the gallant lieutenant, fastened his eyes on the young man, regarding him quite a minute in silent attention.
"Virginian—same name—American—colonies—good lad—bravelad—£1000," muttered the sick man between his teeth; and, yet so breathless was the quiet of the chamber, at that moment, every syllable was heard by all present. "Yes—£1000—Wycherly Wychecombe—royal navy—"
Atwood's pen was running rapidly over the paper, and had just reached the name of the contemplated legatee, when his hand was arrested by the voice of the young man himself.
"Stop, Mr. Atwood—do not insert any clause in my favour!" cried Wycherly, his face the colour of crimson, and his chest heaving with the emotions he felt it so difficult to repress. "I decline the legacy—it will be useless to write it, as I will not receive a shilling."
"Young sir," said Sir Gervaise, with a little of the severity of a superior, when he rebukes an interior, in his manner; "you speak hastily. It is not the office of an auditor or of a spectator, to repel the kindness of a man about to pass from the face of the earth, into the more immediate presence of his God!"
"I have every sentiment of respect for Sir Wycherly Wychecombe, sir;—every friendly wish for his speedy recovery, and a long evening to his life; but, I will accept of the money of no man who holds my country in such obvious distaste, as, it is apparent, the testator holds mine."
"You are an Englishman, I believe,LieutenantWychecombe; and a servant of King George II.?"
"I amnotan Englishman, Sir Gervaise Oakes—but an American; a Virginian, entitled to all the rights and privileges of a British subject. I am no more an Englishman, than Dr. Magrath may lay claim to the same character."
"This is putting the case strongly,—hey! Atwood?" answered the vice-admiral, smiling in spite of the occasion. "I am far from saying that you are an Englishman, in all senses, sir; but you are one in the sense that gives you national character and national rights. You are asubjectofEngland."
"No, Sir Gervaise; your pardon. I am the subject of George II., but in no manner a subject ofEngland. I am, in one sense, perhaps, a subject of the British empire; but I am not the less a Virginian, and an American. Not a shilling of any man's money will I ever touch, who expresses his contempt for either."
"You forget yourself, young man, and overlook the future. The hundred or two of prize-money, bought at the expense of your blood, in the late affair at Groix, will not last for ever."
"It is gone, already, sir, every shilling of it having been sent to the widow of the boatswain who was killed at my side. I am no beggar, Sir Gervaise Oakes, though only an American. I am the owner of a plantation, which affords me a respectable independence, already; and I do not serve from necessity, but from choice. Perhaps, if Sir Wycherly knew this, he would consent to omit my name. I honour and respect him; would gladly relieve his distress, either of body or mind; but I cannot consent to accept his money when offered on terms I consider humiliating."
This was said modestly, but with a warmth and sincerity which left no doubt that the speaker was in earnest. Sir Gervaise too much respected the feelings of the young man to urge the matter any further, and he turned towards the bed, in expectation of what the sick man might next say. Sir Wycherly heard and understood all that passed, and it did not fail to produce an impression, even in the state to which he was reduced. Kind-hearted, and indisposed to injure even a fly, all the natural feelings of the old man resumed their ascendency, and he would gladly have given every shilling of his funded property to be able freely to express his compunction at having ever uttered a syllable that could offend sensibilities so noble and generous. But this exceeded his powers, and he was fain to do the best he could, in the painful situation in which he was placed.
"Noble fellow!" he stuttered out; "honour to name—come here—Sir Gervaise—bring here—"
"I believe it is the wish of Sir Wycherly, that you would draw near the bed, Mr. Wychecombe ofVirginia," said the vice-admiral, pithily, though he extended a hand to, and smiled kindly on, the youth as the latter passed him in compliance.
The sick man now succeeded, with a good deal of difficulty, in drawing a valuable signet-ring from a finger.—This ring bore the Wychecombe arms, engraved on it. It was without the bloody hand, however; for it was far older than the order of baronets, having, as Wycherly well knew, been given by one of the Plantagenet Dukes to an ancestor of the family, during the French wars of Henry VI., and that, too, in commemoration of some signal act of gallantry in the field.
"Wear this—noble fellow—honour to name," said Sir Wycherly. "Mustbe descended—all Wychecombes descended—him—"
"I thank you, Sir Wycherly, for this present, which I prize as it ought to be prized," said Wycherly, every trace of any other feeling than that of gratitude having vanished from his countenance. "I may have no claims to your honours or money; but this ring I need not be ashamed to wear, since it was bestowed on one who was as muchmyancestor, as he was the ancestor of any Wychecombe in England."
"Legitimate?" cried Tom, a fierce feeling of resentment upsetting his caution and cunning.
"Yes, sir,legitimate," answered Wycherly, turning to his interrogator, with the calmness of one conscious of his own truth, and with a glance of the eye that caused Tom to shrink back again into the circle. "I need nobar, to enable me to use this seal, which, you may perceive, Sir Gervaise Oakes, is afac simileof the one I ordinarily wear, and which was transmitted to me from my direct ancestors."
The vice-admiral compared the seal on Wycherly's watch-chain with that on the ring, and, the bearings being principally griffins, he was enabled to see that one was the exact counterpart of the other. Sir Reginald advanced a step, and when the admiral had satisfied himself, he also took the two seals and compared them. As all the known branches of the Wychecombes of Wychecombe, bore the same arms, viz., griffins for Wychecombe, with three battering-rams quartered, for Wycherly,—he saw, at once, that the young man habitually carried about his person, this proof of a common origin. Sir Reginald knew very well that arms were often assumed, as well as names, and the greater the obscurity of the individual who took these liberties, the greater was his impunity; but the seal was a very ancient one, and innovations on personal rights were far less frequent a century since, than they are to-day. Then the character and appearance of Wycherly put fraud out of the question, so far as the young lieutenant himself was concerned. Although the elder branch of the family, legitimately speaking, was reduced to the helpless old man who was now stretched upon his death-bed, his own had been extensive; and it well might be that some cadet of the Wychecombes of Wychecombe-Regis, had strayed into the colonies and left descendants. Secretly resolving to look more closely into these facts, he gravely returned the seals, and intimated to Sir Gervaise that the more important business before them had better proceed. On this hint, Atwood resumed the pen, and the vice-admiral his duties.
"There want yet some 6 or £7000 to make up £20,000, Sir Wycherly, which I understand is the sum you have in the funds. Whose name or names will you have next inserted?"
"Rotherham—vicar—poor St. James—gone; yes—Mr.—Rotherham—vicar."
The clause was written, the sum of £1000 was inserted, and the whole was read and approved.
"This still leaves us some £5000 more to deal with, my dear sir?"
A long pause succeeded, during which time Sir Wycherly was deliberating what to do with the rest of his ready money. At length his wandering eye rested on the pale features of Mrs. Dutton; and, while he had a sort of liking, that proceeded from habit, for her husband, he remembered that she had many causes for sorrow. With a feeling that was creditable to his own heart, he uttered her name, and the sum of £2000. The clause was written, accordingly, read and approved.
"We have still £3000 certainly, if not £4000," added Sir Gervaise.
"Milly—dear little—Milly—pretty Milly," stammered out the baronet, affectionately.
"This must go into a codicil, Sir Gervaise," interrupted Atwood; "there being already one legacy in the young lady's favour. Shall it be one, two, three, or four thousand pounds, Sir Wycherly, in favour of Miss Mildred, to whom you have already bequeathed £3000."
The sick man muttered the words "three thousand," after a short pause, adding "codicil."
His wishes were complied with, and the whole was read and approved. After this, Sir Gervaise inquired if the testator wished to make any more devises. Sir Wycherly, who had in effect bequeathed, within a few hundred pounds, all he had to bestow, bethought himself, for a few moments, of the state of his affairs, and then he signified his satisfaction with what had been done.
"As it is possible, Sir Wycherly, that you may have overlooked something," said Sir Gervaise, "and it is better that nothing should escheat to the crown, I will suggest the expediency of your making some one residuary legatee."
The poor old man smiled an assent, and then he succeeded in muttering the name of "Sir Reginald Wychecombe."
This clause, like all the others, was written, read, and approved. The will was now completed, and preparations were made to read it carefully over to the intended testator. In order that this might be done with sufficient care for future objections, the two admirals and Atwood, who were selected for the witnesses, each read the testament himself, in order to say that nothing was laid before the testator but that which was fairly contained in the instrument, and that nothing was omitted. When all was ready, the will was audibly and slowly read to Sir Wycherly, by the secretary, from the beginning to the end. The old man listened with great attention; smiled when Mildred's name was mentioned; and clearly expressed, by signs and words, his entire satisfaction when all was ended. It remained only to place a pen in his hand, and to give him such assistance as would enable him to affix his name twice; once to the body of the instrument; and, when this was duly witnessed, then again to the codicil. By this time, Tom Wychecombe thought that the moment for interposing had arrived. He had been on thorns during the whole proceeding, forming desperate resolutions to sustain the bold fraud of his legitimacy, and thus take all the lands and heirlooms of the estate, under the entail; still he well knew that a subordinate but important question might arise, as between the validity of the two wills, in connection with Sir Wycherly's competency to make the last. It was material, therefore, in his view of the case, to enter a protest.
"Gentlemen," he said, advancing to the foot of the bed; "I call on you all to observe the nature of this whole transaction. My poor, beloved, but misled uncle, no longer ago than last night, was struck with a fit of apoplexy, or something so very near it as to disqualify him to judge in these matters; and here he is urged to make a will—"
"By whom, sir?" demanded Sir Gervaise, with a severity of tone that induced the speaker to fall back a step.
"Why, sir, in my judgment, by all in the room. If not with their tongues, at least with their eyes."
"And why should all in the room do this? Am I a legatee?—is Admiral Bluewater to be a gainer by this will?—canwitnesses to a will be legatees?"
"I do not wish to dispute the matter with you, Sir Gervaise Oakes; but I solemnly protest against this irregular and most extraordinary manner of making a will. Let all who hear me, remember this, and be ready to testify to it when called on in a court of justice."
Here Sir Wycherly struggled to rise in the bed, in evident excitement, gesticulating strongly to express his disgust, and his wish for his nephew to withdraw. But the physicians endeavoured to pacify him, while Atwood, with the paper spread on a port-folio, and a pen in readiness, coolly proceeded to obtain the necessary signatures. Sir Wycherly's hand trembled so much when it received the pen, that, for the moment, writing was out of the question, and it became necessary to administer a restorative in order to strengthen his nerves.
"Away—out of sight," muttered the excited baronet, leaving no doubt on all present, that the uppermost feeling of the moment was the strong desire to rid himself of the presence of the offensive object. "Sir Reginald—little Milly—poor servants—brothers—all the rest, stay."
"Just be calming the mind, Sir Wycherly Wychecombe," put in Magrath, "and ye'll be solacing the body by the same effort. When the mind is in a state of exaltation, the nervous system is apt to feel the influence of sympathy. By bringing the two in harmonious co-operation, the testamentary devises will have none the less of validity, either in reality or in appearances."
Sir Wycherly understood the surgeon, and he struggled for self-command. He raised the pen, and succeeded in getting its point on the proper place. Then his dim eye lighted, and shot a reproachful glance at Tom; he smiled in a ghastly manner, looked towards the paper, passed a hand across his brow, closed his eyes, and fell back on the pillow, utterly unconscious of all that belonged to life, its interests, its duties, or its feelings. In ten minutes, he ceased to breathe.
Thus died Sir Wycherly Wychecombe, after a long life, in which general qualities of a very negative nature, had been somewhat relieved, by kindness of feeling, a passive if not an active benevolence, and such a discharge of his responsible duties as is apt to flow from an absence of any qualities that are positively bad; as well as of many of material account, that are affirmatively good.