Pearls and jewels, even though only worn on state occasions, may go to the widow as paraphernalia, — but with a limit. In the case of Lady Douglas, she being the daughter of an Irish Earl and widow of the King’s Sergeant (temp. Car. I.), it was held that £370 was not too much, and she was allowed a diamond and a pearl chain to that value.
In 1674, Lord Keeper Finch declared that he would never allow paraphernalia, except to the widow of a nobleman.
But in 1721 Lord Macclesfield gave Mistress Tipping paraphernalia to the value of £200, — whether so persuaded by law and precedent, or otherwise, may be uncertain.
Lord Talbot allowed a gold watch as paraphernalia.
Lord Hardwicke went much further, and decided that Mrs. Northey was entitled to wear jewels to the value of £3000, — saying that value made no difference; but seems to have limited the nature of her possession in the jewels by declaring her to be entitled to wear them only when full-dressed.
It is, I think, clear that the Eustace estate cannot claim the jewels as an heirloom. They are last mentioned, and, as far as I know, only mentioned as an heirloom in the will of the great-grandfather of the present baronet, — if these be the diamonds then named by him. As such, he could not have devised them to the present claimant, as he died in 1820, and the present claimant is not yet two years old.
Whether the widow could claim them as paraphernalia is more doubtful. I do not know that Lord Hardwicke’s ruling would decide the case; but, if so, she would, I think, be debarred from selling, as he limits the use of jewels of lesser value than these to the wearing of them when full-dressed. The use being limited, possession with power of alienation cannot be intended.
The lady’s claim to them as a gift from her husband amounts to nothing. If they are not hers by will, — and it seems that they are not so, — she can only hold them as paraphernalia belonging to her station.
I presume it to be capable of proof that the diamonds were not in Scotland when Sir Florian made his will or when he died. The former fact might be used as tending to show his intention when the will was made. I understand that he did leave to his widow by will all the chattels in Portray Castle.
J. D.
15 August, 18––.
When Mr. Camperdown had thrice read this opinion, he sat in his chair an unhappy old man. It was undoubtedly the case that he had been a lawyer for upwards of forty years, and had always believed that any gentleman could make any article of value an heirloom in his family. The title-deeds of vast estates had been confided to his keeping, and he had had much to do with property of every kind; and now he was told that, in reference to property of a certain description, — property which, by its nature, could only belong to such as they who were his clients, — he had been long without any knowledge whatsoever. He had called this necklace an heirloom to John Eustace above a score of times; and now he was told by Mr. Dove not only that the necklace was not an heirloom, but that it couldn’t have been an heirloom. He was a man who trusted much in a barrister, — as was natural with an attorney; but he was now almost inclined to doubt Mr. Dove. And he was hardly more at ease in regard to the other clauses of the opinion. Not only could not the estate claim the necklace as an heirloom, but that greedy siren, that heartless snake, that harpy of a widow, — for it was thus that Mr. Camperdown in his solitude spoke to himself of poor Lizzie, perhaps throwing in a harder word or two, — that female swindler could claim it as — paraphernalia!
There was a crumb of comfort for him in the thought that he could force her to claim that privilege from a decision of the Court of Queen’s Bench, and that her greed would be exposed should she do so. And she could be prevented from selling the diamonds. Mr. Dove seemed to make that quite clear. But then there came that other question, as to the inheritance of the property under the husband’s will. That Sir Florian had not intended that she should inherit the necklace, Mr. Camperdown was quite certain. On that point he suffered no doubt. But would he be able to prove that the diamonds had never been in Scotland since Sir Florian’s marriage? He had traced their history from that date with all the diligence he could use, and he thought that he knew it. But it might be doubtful whether he could prove it. Lady Eustace had first stated, — had so stated before she had learned the importance of any other statement, — that Sir Florian had given her the diamonds in London, as they passed through London from Scotland to Italy, and that she had carried them thence to Naples, where Sir Florian had died. If this were so, they could not have been at Portray Castle till she took them there as a widow, and they would undoubtedly be regarded as a portion of that property which Sir Florian habitually kept in London. That this was so Mr. Camperdown entertained no doubt. But now the widow alleged that Sir Florian had given the necklace to her in Scotland, whither they had gone immediately after their marriage, and that she herself had brought them up to London. They had been married on the 5th of September; and by the jewellers’ books it was hard to tell whether the trinket had been given up to Sir Florian on the 4th or 24th of September. On the 24th Sir Florian and his young bride had undoubtedly been in London. Mr. Camperdown anathematised the carelessness of everybody connected with Messrs. Garnett’s establishment. “Those sort of people have no more idea of accuracy than — than — ” than he had had of heirlooms, his conscience whispered to him, filling up the blank.
Nevertheless he thought he could prove that the necklace was first put into Lizzie’s hands in London. The middle-aged and very discreet man at Messrs. Garnett’s, who had given up the jewel-case to Sir Florian, was sure that he had known Sir Florian to be a married man when he did so. The lady’s maid who had been in Scotland with Lady Eustace, and who was now living in Turin, having married a courier, had given evidence before an Italian man of law, stating that she had never seen the necklace till she came to London. There were, moreover, the probabilities of the case. Was it likely that Sir Florian should take such a thing down in his pocket to Scotland? And there was the statement as first made by Lady Eustace herself to her cousin Frank, repeated by him to John Eustace, and not to be denied by any one. It was all very well for her now to say that she had forgotten; but would any one believe that on such a subject she could forget?
But still the whole thing was very uncomfortable. Mr. Dove’s opinion, if seen by Lady Eustace and her friends, would rather fortify them than frighten them. Were she once to get hold of that word paraphernalia, it would be as a tower of strength to her. Mr. Camperdown specially felt this, — that whereas he had hitherto believed that no respectable attorney would take up such a case as that of Lady Eustace, he could not now but confess to himself that any lawyer seeing Mr. Dove’s opinion would be justified in taking it up. And yet he was as certain as ever that the woman was robbing the estate which it was his duty to guard, and that should he cease to be active in the matter, the necklace would be broken up and the property sold and scattered before a year was out, and then the woman would have got the better of him! “She shall find that we have not done with her yet,” he said to himself, as he wrote a line to John Eustace.
But John Eustace was out of town, as a matter of course; — and on the next day Mr. Camperdown himself went down and joined his wife and family at a little cottage which he had at Dawlish. The necklace, however, interfered much with his holiday.
CHAPTER XXVI
Mr. Gowran Is Very Funny
Frank Greystock certainly went over to Portray too often, — so often that the pony was proved to be quite necessary. Miss Macnulty held her tongue and was gloomy, — believing that Lady Eustace was still engaged to Lord Fawn, and feeling that in that case there should not be so many visits to the rocks. Mr. Gowran was very attentive, and could tell on any day, to five minutes, how long the two cousins were sitting together on the sea-shore. Arthur Herriot, who cared nothing for Lady Eustace, but who knew that his friend had promised to marry Lucy Morris, was inclined to be serious on the subject; but, — as is always the case with men, — was not willing to speak about it.
Once, and once only, the two men dined together at the castle, — for the doing of which it was necessary that a gig should be hired all the way from Prestwick. Herriot had not been anxious to go over, alleging various excuses, — the absence of dress clothes, the calls of Stone and Toddy, his bashfulness, and the absurdity of paying fifteen shillings for a gig. But he went at last, constrained by his friend, and a very dull evening he passed. Lizzie was quite unlike her usual self, — was silent, grave, and solemnly courteous; Miss Macnulty had not a word to say for herself; and even Frank was dull. Arthur Herriot had not tried to exert himself, and the dinner had been a failure.
“You don’t think much of my cousin, I daresay,” said Frank, as they were driving back.
“She is a very pretty woman.”
“And I should say that she does not think much of you.”
“Probably not.”
“Why on earth wouldn’t you speak to her? I went on making speeches to Miss Macnulty on purpose to give you a chance. Lizzie generally talks about as well as any young woman I know; but you had not a word to say to her, nor she to you.”
“Because you devoted yourself to Miss Mac — whatever her name is.”
“That’s nonsense,” said Frank; “Lizzie and I are more like brother and sister than anything else. She has no one else belonging to her, and she has to come to me for advice, and all that sort of thing. I wanted you to like her.”
“I never like people, and people never like me. There is an old saying that you should know a man seven years before you poke his fire. I want to know persons seven years before I can ask them how they do. To take me out to dine in this way was of all things the most hopeless.”
“But you do dine out, — in London.”
“That’s different. There’s a certain routine of conversation going, and one falls into it. At such affairs as that this evening one has to be intimate, or it is a bore. I don’t mean to say anything against Lady Eustace. Her beauty is undeniable, and I don’t doubt her cleverness.”
“She is sometimes too clever,” said Frank.
“I hope she is not becoming too clever for you. You’ve got to remember that you’re due elsewhere; — eh, old fellow?” This was the first word that Herriot had said on the subject, and to that word Frank Greystock made no answer. But it had its effect, as also did the gloomy looks of Miss Macnulty, and the not unobserved presence of Mr. Andy Gowran on various occasions.
Between them they shot more grouse, — so the keeper swore, — than had ever been shot on these mountains before. Herriot absolutely killed one or two himself, to his own great delight, and Frank, who was fairly skilful, would get four or five in a day. There were excursions to be made, and the air of the hills was in itself a treat to both of them. Though Greystock was so often away at the castle, Herriot did not find the time hang heavily on his hands, and was sorry when his fortnight was over. “I think I shall stay a couple of days longer,” Frank said, when Herriot spoke of their return. “The truth is I must see Lizzie again. She is bothered by business, and I have to see her about a letter that came this morning. You needn’t pull such a long face. There’s nothing of the kind you’re thinking of.”
“I thought so much of what you once said to me about another girl that I hope she at any rate may never be in trouble.”
“I hope she never may, — on my account,” said Frank. “And what troubles she may have, — as life will be troublesome, I trust that I may share and lessen.”
On that evening Herriot went, and on the next morning Frank Greystock again rode over to Portray Castle; but when he was alone after Herriot’s departure, he wrote a letter to Lucy Morris. He had expressed a hope that he might never be a cause of trouble to Lucy Morris, and he knew that his silence would trouble her. There could be no human being less inclined to be suspicious than Lucy Morris. Of that Frank was sure. But there had been an express stipulation with Lady Fawn that she should be allowed to receive letters from him, and she would naturally be vexed when he did not write to her. So he wrote.
Portray Cottage, 3 Sept., 18––.
Dearest Lucy,
We have been here for a fortnight, shooting grouse, wandering about the mountains, and going to sleep on the hill-sides. You will say that there never was a time so fit for the writing of letters, but that will be because you have not learned yet that the idler people are, the more inclined they are to be idle. We hear of Lord Chancellors writing letters to their mothers every day of their lives; but men who have nothing on earth to do cannot bring themselves to face a sheet of paper. I would promise that when I am Lord Chancellor I would write to you every day, were it not that when that time comes I shall hope to be always with you.
And, in truth, I have had to pay constant visits to my cousin, who lives in a big castle on the sea-side, ten miles from here, over the mountains, and who is in a peck of troubles; — in spite of her prosperity one of the unhappiest women, I should say, that you could meet anywhere. You know so much of her affairs that, without breach of trust, I may say so much. I wish she had a father or a brother to manage her matters for her; but she has none, and I cannot desert her. Your Lord Fawn is behaving badly to her; and so, as far as I can see, are the people who manage the Eustace property. Lizzie, as you know, is not the most tractable of women, and altogether I have more to do in the matter than I like. Riding ten miles backwards and forwards so often over the same route on a little pony is not good fun, but I am almost glad the distance is not less. Otherwise I might have been always there. I know you don’t quite like Lizzie, but she is to be pitied.
I go up to London on Friday, but shall only be there for one or two days, — that is, for one night. I go almost entirely on her business, and must, I fear, be here again, or at the castle, before I can settle myself either for work or happiness. On Sunday night I go down to Bobsborough, — where, indeed, I ought to have been earlier. I fear I cannot go to Richmond on the Saturday, and on the Sunday Lady Fawn would hardly make me welcome. I shall be at Bobsborough for about three weeks, and there, if you have commands to give, I will obey them.
I may, however, tell you the truth at once, — though it is a truth you must keep very much to yourself. In the position in which I now stand as to Lord Fawn, — being absolutely forced to quarrel with him on Lizzie’s behalf, — Lady Fawn could hardly receive me with comfort to herself. She is the best of women; and, as she is your dear friend, nothing is further from me than any idea of quarrelling with her; but of course she takes her son’s part, and I hardly know how all allusion to the subject could be avoided.
This, however, dearest, need ruffle no feather between you and me, who love each other better than we love either the Fawns or the Lizzies. Let me find a line at my chambers to say that it is so, and always shall be so.
God bless my own darling,
Ever and always your own,
F. G.
On the following day he rode over to the castle. He had received a letter from John Eustace, who had found himself forced to run up to London to meet Mr. Camperdown. The lawyer had thought to postpone further consideration of the whole matter till he and everybody else would be naturally in London, — till November that might be, or, perhaps, even till after Christmas. But his mind was ill at ease; and he knew that so much might be done with the diamonds in four months! They might even now be in the hands of some Benjamin or of some Harter, and it might soon be beyond the power either of lawyers or of policemen to trace them. He therefore went up from Dawlish and persuaded John Eustace to come from Yorkshire. It was a great nuisance, and Eustace freely anathematised the necklace. “If only some one would steal it, so that we might hear no more of the thing!” he said. But, as Mr. Camperdown had frequently remarked, the value was too great for trifling, and Eustace went up to London. Mr. Camperdown put into his hands the Turtle Dove’s opinion, explaining that it was by no means expedient that it should be shown to the other party. Eustace thought that the opinion should be common to them all. “
We pay for it,” said Mr. Camperdown, “and they can get their opinion from any other barrister if they please.” But what was to be done? Eustace declared that as to the present whereabouts of the necklace, he did not in the least doubt that he could get the truth from Frank Greystock. He therefore wrote to Greystock, and with that letter in his pocket, Frank rode over to the castle for the last time.
He, too, was heartily sick of the necklace; — but unfortunately he was not equally sick of her who held it in possession. And he was, too, better alive to the importance of the value of the trinket than John Eustace, though not so keenly as was Mr. Camperdown. Lady Eustace was out somewhere among the cliffs, the servant said. He regretted this as he followed her, but he was obliged to follow her. Half way down to the sea-shore, much below the knob on which she had attempted to sit with her Shelley, but yet not below the need of assistance, he found her seated in a little ravine. “I knew you would come,” she said. Of course she had known that he would come. She did not rise, or even give him her hand, but there was a spot close beside her on which it was to be presumed that he would seat himself. She had a volume of Byron in her hand, — the Corsair, Lara, and the Giaour, — a kind of poetry which was in truth more intelligible to her than Queen Mab. “You go to-morrow?”
“Yes; — I go to-morrow.”
“And Lubin has gone?” Arthur Herriot was Lubin.
“Lubin has gone. Though why Lubin, I cannot guess. The normal Lubin to me is a stupid fellow always in love. Herriot is not stupid and is never in love.”
“Nevertheless, he is Lubin if I choose to call him so. Why did he twiddle his thumbs instead of talking? Have you heard anything of Lord Fawn?”
“I have had a letter from your brother-in-law.”
“And what is John the Just pleased to say?”
“John the Just, which is a better name for the man than the other, has been called up to London, much against his will, by Mr. Camperdown.”
The Palliser Novels Page 192
