by Walter Scott
Mr. Protocol accordingly, having required silence, began to read the settlement aloud in a slow, steady, business-like tone. The group around, in whose eyes hope alternately awakened and faded, and who were straining their apprehensions to get at the drift of the testator's meaning through the mist of technical language in which the conveyance had involved it, might have made a study for Hogarth.
The deed was of an unexpected nature. It set forth with conveying and disponing all and whole the estate and lands of Singleside and others, with the lands of Loverless, Liealone, Spinster's Knowe, and heaven knows what beside, 'to and in favours of (here the reader softened his voice to a gentle and modest piano) Peter Protocol, clerk to the signet, having the fullest confidence in his capacity and integrity―these are the very words which my worthy deceased friend insisted upon my inserting―but in TRUST always (here the reader recovered his voice and style, and the visages of several of the hearers, which had attained a longitude that Mr. Mortcloke might have envied, were perceptibly shortened)―in TRUST always, and for the uses, ends, and purposes hereinafter mentioned.'
In these 'uses, ends, and purposes' lay the cream of the affair. The first was introduced by a preamble setting forth that the testatrix was lineally descended from the ancient house of Ellangowan, her respected great-grandfather, Andrew Bertram, first of Singleside, of happy memory, having been second son to Allan Bertram, fifteenth Baron of Ellangowan. It proceeded to state that Henry Bertram, son and heir of Godfrey Bertram, now of Ellangowan, had been stolen from his parents in infancy, but that she, the testatrix, WAS WELL ASSURED THAT HE WAS YET ALIVE IN FOREIGN PARTS, AND BY THE PROVIDENCE OF HEAVEN WOULD BE RESTORED TO THE POSSESSIONS OF HIS ANCESTORS, in which case the said Peter Protocol was bound and obliged, like as he bound and obliged himself, by acceptance of these presents, to denude himself of the said lands of Singleside and others, and of all the other effects thereby conveyed (excepting always a proper gratification for his own trouble), to and in favour of the said Henry Bertram, upon his return to his native country. And during the time of his residing in foreign parts, or in case of his never again returning to Scotland, Mr. Peter Protocol, the trustee, was directed to distribute the rents of the land, and interest of the other funds (deducting always a proper gratification for his trouble in the premises), in equal portions, among four charitable establishments pointed out in the will. The power of management, of letting leases, of raising and lending out money, in short, the full authority of a proprietor, was vested in this confidential trustee, and, in the event of his death, went to certain official persons named in the deed. There were only two legacies; one of a hundred pounds to a favourite waiting-maid, another of the like sum to Janet Gibson (whom the deed stated to have been supported by the charity of the testatrix), for the purpose of binding her an apprentice to some honest trade.
A settlement in mortmain is in Scotland termed a mortification, and in one great borough (Aberdeen, if I remember rightly) there is a municipal officer who takes care of these public endowments, and is thence called the Master of Mortifications. One would almost presume that the term had its origin in the effect which such settlements usually produce upon the kinsmen of those by whom they are executed. Heavy at least was the mortification which befell the audience who, in the late Mrs. Margaret Bertram's parlour, had listened to this unexpected destination of the lands of Singleside. There was a profound silence after the deed had been read over.
Mr. Pleydell was the first to speak. He begged to look at the deed, and, having satisfied himself that it was correctly drawn and executed, he returned it without any observation, only saying aside to Mannering, 'Protocol is not worse than other people, I believe; but this old lady has determined that, if he do not turn rogue, it shall not be for want of temptation.'
'I really think,' said Mr. Mac-Casquil of Drumquag, who, having gulped down one half of his vexation, determined to give vent to the rest―'I really think this is an extraordinary case! I should like now to know from Mr. Protocol, who, being sole and unlimited trustee, must have been consulted upon this occasion―I should like, I say, to know how Mrs. Bertram could possibly believe in the existence of a boy that a' the world kens was murdered many a year since?'
'Really, sir,' said Mr. Protocol, 'I do not conceive it is possible for me to explain her motives more than she has done herself. Our excellent deceased friend was a good woman, sir―a pious woman―and might have grounds for confidence in the boy's safety which are not accessible to us, sir.'
'Hout,' said the tobacconist, 'I ken very weel what were her grounds for confidence. There's Mrs. Rebecca (the maid) sitting there has tell'd me a hundred times in my ain shop, there was nae kenning how her leddy wad settle her affairs, for an auld gipsy witch wife at Gilsland had possessed her with a notion that the callant―Harry Bertram ca's she him?―would come alive again some day after a'. Ye'll no deny that, Mrs. Rebecca? though I dare to say ye forgot to put your mistress in mind of what ye promised to say when I gied ye mony a half-crown. But ye'll no deny what I am saying now, lass?'
'I ken naething at a' about it,' answered Rebecca, doggedly, and looking straight forward with the firm countenance of one not disposed to be compelled to remember more than was agreeable to her.
'Weel said, Rebecca! ye're satisfied wi' your ain share ony way,' rejoined the tobacconist.
The buck of the second-head, for a buck of the first-head he was not, had hitherto been slapping his boots with his switch-whip, and looking like a spoiled child that has lost its supper. His murmurs, however, were all vented inwardly, or at most in a soliloquy such as this―'I am sorry, by G-d, I ever plagued myself about her. I came here, by G-d, one night to drink tea, and I left King and the Duke's rider Will Hack. They were toasting a round of running horses; by G-d, I might have got leave to wear the jacket as well as other folk if I had carried it on with them; and she has not so much as left me that hundred!'
'We'll make the payment of the note quite agreeable,' said Mr. Protocol, who had no wish to increase at that moment the odium attached to his office. 'And now, gentlemen, I fancy we have no more to wait for here, and I shall put the settlement of my excellent and worthy friend on record to-morrow, that every gentleman may examine the contents, and have free access to take an extract; and'―he proceeded to lock up the repositories of the deceased with more speed than he had opened them―'Mrs. Rebecca, ye'll be so kind as to keep all right here until we can let the house; I had an offer from a tenant this morning, if such a thing should be, and if I was to have any management.'
Our friend Dinmont, having had his hopes as well as another, had hitherto sate sulky enough in the armchair formerly appropriated to the deceased, and in which she would have been not a little scandalised to have seen this colossal specimen of the masculine gender lolling at length. His employment had been rolling up into the form of a coiled snake the long lash of his horse-whip, and then by a jerk causing it to unroll itself into the middle of the floor. The first words he said when he had digested the shock contained a magnanimous declaration, which he probably was not conscious of having uttered aloud―'Weel, blude's thicker than water; she's welcome to the cheeses and the hams just the same.' But when the trustee had made the above-mentioned motion for the mourners to depart, and talked of the house being immediately let, honest Dinmont got upon his feet and stunned the company with this blunt question, 'And what's to come o' this poor lassie then, Jenny Gibson? Sae mony o'us as thought oursells sib to the family when the gear was parting, we may do something for her amang us surely.'
This proposal seemed to dispose most of the assembly instantly to evacuate the premises, although upon Mr. Protocol's motion they had lingered as if around the grave of their disappointed hopes. Drumquag said, or rather muttered, something of having a family of his own, and took precedence, in virtue of his gentle blood, to depart as fast as possible. The tobacconist sturdily stood forward and scouted the motion―'A little huzzie like that was weel eneugh provided for already; and Mr.
Protocol at ony rate was the proper person to take direction of her, as he had charge of her legacy'; and after uttering such his opinion in a steady and decisive tone of voice, he also left the place. The buck made a stupid and brutal attempt at a jest upon Mrs. Bertram's recommendation that the poor girl should be taught some honest trade; but encountered a scowl from Colonel Mannering's darkening eye (to whom, in his ignorance of the tone of good society, he had looked for applause) that made him ache to the very backbone. He shuffled downstairs, therefore, as fast as possible.
Protocol, who was really a good sort of man, next expressed his intention to take a temporary charge of the young lady, under protest always that his so doing should be considered as merely eleemosynary; when Dinmont at length got up, and, having shaken his huge dreadnought great-coat, as a Newfoundland dog does his shaggy hide when he comes out of the water, ejaculated, 'Weel, deil hae me then, if ye hae ony fash wi' her, Mr. Protocol, if she likes to gang hame wi' me, that is. Ye see, Ailie and me we're weel to pass, and we would like the lassies to hae a wee bit mair lair than oursells, and to be neighbour-like, that wad we. And ye see Jenny canna miss but to ken manners, and the like o' reading books, and sewing seams, having lived sae lang wi' a grand lady like Lady Singleside; or, if she disna ken ony thing about it, I'm jealous that our bairns will like her a' the better. And I'll take care o' the bits o' claes, and what spending siller she maun hae, so the hundred pound may rin on in your hands, Mr. Protocol, and I'll be adding something till't, till she'll maybe get a Liddesdale joe that wants something to help to buy the hirsel. What d'ye say to that, hinny? I'll take out a ticket for ye in the fly to Jethart; od, but ye maun take a powny after that o'er the Limestane Rig, deil a wheeled carriage ever gaed into Liddesdale. [Footnote: See Note I.] And I'll be very glad if Mrs. Rebecca comes wi' you, hinny, and stays a month or twa while ye're stranger like.'
While Mrs. Rebecca was curtsying, and endeavouring to make the poor orphan girl curtsy instead of crying, and while Dandie, in his rough way, was encouraging them both, old Pleydell had recourse to his snuff-box. 'It's meat and drink to me now, Colonel,' he said, as he recovered himself, 'to see a clown like this. I must gratify him in his own way, must assist him to ruin himself; there's no help for it. Here, you Liddesdale―Dandie―Charlie's Hope―what do they call you?'
The farmer turned, infinitely gratified even by this sort of notice; for in his heart, next to his own landlord, he honoured a lawyer in high practice.
'So you will not be advised against trying that question about your marches?'
'No, no, sir; naebody likes to lose their right, and to be laughed at down the haill water. But since your honour's no agreeable, and is maybe a friend to the other side like, we maun try some other advocate.'
'There, I told you so, Colonel Mannering! Well, sir, if you must needs be a fool, the business is to give you the luxury of a lawsuit at the least possible expense, and to bring you off conqueror if possible. Let Mr. Protocol send me your papers, and I will advise him how to conduct your cause. I don't see, after all, why you should not have your lawsuits too, and your feuds in the Court of Session, as well as your forefathers had their manslaughters and fire-raisings.'
'Very natural, to be sure, sir. We wad just take the auld gate as readily, if it werena for the law. And as the law binds us, the law should loose us. Besides, a man's aye the better thought o' in our country for having been afore the Feifteen.'
'Excellently argued, my friend! Away with you, and send your papers to me. Come, Colonel, we have no more to do here.'
'God, we'll ding Jock o' Dawston Cleugh now after a'!' said Dinmont, slapping his thigh in great exultation.
CHAPTER X
I am going to the parliament;
You understand this bag. If you have any business
Depending there be short, and let me hear it,
And pay your fees.
Little French Lawyer
'Shall you be able to carry this honest fellow's cause for him?' said Mannering.
'Why, I don't know; the battle is not to the strong, but he shall come off triumphant over Jock of Dawston if we can make it out. I owe him something. It is the pest of our profession that we seldom see the best side of human nature. People come to us with every selfish feeling newly pointed and grinded; they turn down the very caulkers of their animosities and prejudices, as smiths do with horses' shoes in a white frost. Many a man has come to my garret yonder that I have at first longed to pitch out at the window, and yet at length have discovered that he was only doing as I might have done in his case, being very angry, and of course very unreasonable. I have now satisfied myself that, if our profession sees more of human folly and human roguery than others, it is because we witness them acting in that channel in which they can most freely vent themselves. In civilised society law is the chimney through which all that smoke discharges itself that used to circulate through the whole house, and put every one's eyes out; no wonder, therefore, that the vent itself should sometimes get a little sooty. But we will take care our Liddesdale man's cause is well conducted and well argued, so all unnecessary expense will be saved: he shall have his pine-apple at wholesale price.'
'Will you do me the pleasure,' said Mannering, as they parted, 'to dine with me at my lodgings? My landlord says he has a bit of red-deer venison and some excellent wine.'
'Venison, eh?' answered the Counsellor alertly, but presently added―'But no! it's impossible; and I can't ask you home neither. Monday's a sacred day; so's Tuesday; and Wednesday we are to be heard in the great teind case in presence, but stay―it's frosty weather, and if you don't leave town, and that venison would keep till Thursday―'
'You will dine with me that day?'
'Under certification.'
'Well, then, I will indulge a thought I had of spending a week here; and if the venison will not keep, why we will see what else our landlord can do for us.'
'O, the venison will keep,' said Pleydell; 'and now good-bye. Look at these two or three notes, and deliver them if you like the addresses. I wrote them for you this morning. Farewell, my clerk has been waiting this hour to begin a d-d information.' And away walked Mr. Pleydell with great activity, diving through closes and ascending covered stairs in order to attain the High Street by an access which, compared to the common route, was what the Straits of Magellan are to the more open but circuitous passage round Cape Horn.
On looking at the notes of introduction which Pleydell had thrust into his hand, Mannering was gratified with seeing that they were addressed to some of the first literary characters of Scotland. 'To David Hume, Esq.'
To John Home, Esq.' 'To Dr. Ferguson.' 'To Dr. Black.' 'To Lord Kaimes.' 'To Mr. Button.' 'To John Clerk, Esq., of Eldin.' 'To Adam Smith, Esq.' 'To Dr. Robertson.'
'Upon my word, my legal friend has a good selection of acquaintances; these are names pretty widely blown indeed. An East-Indian must rub up his facultiesa little, and put his mind in order, before he enters this sort of society.'
Mannering gladly availed himself of these introductions; and we regret deeply it is not in our power to give the reader an account of the pleasure and information which he received in admission to a circle never closed against strangers of sense and information, and which has perhaps at no period been equalled, considering the depth and variety of talent which it embraced and concentrated.
Upon the Thursday appointed Mr. Pleydell made his appearance at the inn where Colonel Mannering lodged. The venison proved in high order, the claret excellent, and the learned counsel, a professed amateur in the affairs of the table, did distinguished honour to both. I am uncertain, however, if even the good cheer gave him more satisfaction than the presence of Dominie Sampson, from whom, in his own juridical style of wit, he contrived to extract great amusement both for himself and one or two friends whom the Colonel regaled on the same occasion. The grave and laconic simplicity of Sampson's answers to the insidious questions of the barrister placed the bonhomie of his character in a more l
uminous point of view than Mannering had yet seen it. Upon the same occasion he drew forth a strange quantity of miscellaneous and abstruse, though, generally speaking, useless learning. The lawyer afterwards compared his mind to the magazine of a pawnbroker, stowed with goods of every description, but so cumbrously piled together, and in such total disorganisation, that the owner can never lay his hands upon any one article at the moment he has occasion for it.
As for the advocate himself, he afforded at least as much exercise to Sampson as he extracted amusement from him. When the man of law began to get into his altitudes, and his wit, naturally shrewd and dry, became more lively and poignant, the Dominie looked upon him with that sort of surprise with which we can conceive a tame bear might regard his future associate, the monkey, on their being first introduced to each other. It was Mr. Pleydell's delight to state in grave and serious argument some position which he knew the Dominie would be inclined to dispute. He then beheld with exquisite pleasure the internal labour with which the honest man arranged his ideas for reply, and tasked his inert and sluggish powers to bring up all the heavy artillery of his learning for demolishing the schismatic or heretical opinion which had been stated, when behold, before the ordnance could be discharged, the foe had quitted the post and appeared in a new position of annoyance on the Dominie's flank or rear. Often did he exclaim 'Prodigious!' when, marching up to the enemy in full confidence of victory, he found the field evacuated, and it may be supposed that it cost him no little labour to attempt a new formation. 'He was like a native Indian army,' the Colonel said, 'formidable by numerical strength and size of ordnance, but liable to be thrown into irreparable confusion by a movement to take them in flank.' On the whole, however, the Dominie, though somewhat fatigued with these mental exertions, made at unusual speed and upon the pressure of the moment, reckoned this one of the white days of his life, and always mentioned Mr. Pleydell as a very erudite and fa-ce-ti-ous person.
