The Two Admirals
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J. Fenimore Cooper >> The Two Admirals
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"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 from _him_, 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 so _small_ an interest
now in the mysteries of the profession, and so _large_ an interest in
the family estate of Wychecombe, destroyed by its _dictum_. 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;
though _you_ and _I_ might 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 a _nullus_ is?"
"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 mean _nullus, nulla, nullum_. Even we sailors know _that_;
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
more _legal_ claim, whatever on this estate, than you have yourself. My
_moral_ right, 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 a
_nullus_ is, 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 was _nullus_--though I do believe the word _filius_
was 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. A _filius nullius_ is 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 a _new_ will, and has strength
and mind sufficient to execute his purpose, the _old_ one 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 no _stain_ of 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
we _are_ clannish, 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
are _all_ requested 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.
CHAPTER XIV.
"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 a _bona fide_ will 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? If _one_, 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 but _one_ finger; 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 to _name_ your 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 bequeath _all_ your real estate?" The same sign of assent was
given. "Do you wish to bequeath _all_ to 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--no _nullus_. Sir Michael's heir--_my_ heir."
"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 '_his_ heirs, executors, &c.' in the other blank."
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