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“This is that old Duncombe’s writing—‘Dunder-headed Duncombe,’ as he used to be called in his lifetime, but ‘Long-headed Duncombe’ afterward. None but his wife knew whether he was a wise man, or a wiseacre. Perhaps either, according to the treatment he received. Richard Yordas treated him badly; that may have made him wiser. V. b. c. means ‘vide box C,’ unless I am greatly mistaken. He wrote those letters as plainly and clearly as he could against this power of appointment as recited here. But afterward, with knife and pounce, he scraped them out, as now becomes plain with this magnifying-glass; probably he did so when all these archives, as he used to call them, were rudely ordered over to my predecessor. A nice bit of revenge, if my suspicions are correct; and a pretty confusion will follow it.”
The lawyer’s suspicions proved too correct. He took that box to his private room, and with some trouble unlocked it. A damp and musty smell came forth, as when a man delves a potato-bury; and then appeared layers of parchment yellow and brown, in and out with one another, according to the curing of the sheep-skin, perhaps, or the age of the sheep when he began to die; skins much older than any man’s who handled them, and drier than the brains of any lawyer.
“Anno Jacobi tertio, and Quadragesimo Elisabethae! How nice it sounds!” Mr. Jellicorse exclaimed; “they ought all to go in, and be charged for. People to be satisfied with sixty years’ title! Why, bless the Lord, I am sixty-eight myself, and could buy and sell the grammar school at eight years old. It is no security, no security at all. What did the learned Bacupiston say—‘If a rogue only lives to be a hundred and eleven, he may have been for ninety years disseized, and nobody alive to know it!’”
Older and older grew the documents as the lawyer’s hand travelled downward; any flaw or failure must have been healed by lapse of time long and long ago; dust and grime and mildew thickened, ink became paler, and contractions more contorted; it was rather an antiquary’s business now than a lawyer’s to decipher them.
“What a fool I am!” the solicitor thought. “My cuffs will never wash white again, and all I have found is a mare’s-nest. However, I’ll go to the bottom now. There may be a gold seal—they used to put them in with the deeds three hundred years ago. A charter of Edward the Fourth, I declare! Ah, the Yordases were Yorkists—halloa! what is here? By the Touchstone of Shepherd, I was right after all! Well done, Long-headed Duncombe!”
From the very bottom of the box he took a parchment comparatively fresh and new, indorsed “Appointment by Richard Yordas, Esquire, and Eleanor his wife, of lands and heredits at Scargate and elsewhere in the county of York, dated Nov. 15th, A.D. 1751.” Having glanced at the signatures and seals, Mr. Jellicorse spread the document, which was of moderate compass, and soon convinced himself that his work of the morning had been wholly thrown away. No title could be shown to Whitestone Farm, nor even to Scargate Hall itself, on the part of the present owners.
The appointment was by deed-poll, and strictly in accordance with the powers of the settlement. Duly executed and attested, clearly though clumsily expressed, and beyond all question genuine, it simply nullified (as concerned the better half of the property) the will which had cost Philip Yordas his life. For under this limitation Philip held a mere life-interest, his father and mother giving all men to know by those presents that they did thereby from and after the decease of their said son Philip grant limit and appoint &c. all and singular the said lands &c. to the heirs of his body lawfully begotten &c. &c. in tail general, with remainder over, and final remainder to the right heirs of the said Richard Yordas forever. From all which it followed that while Duncan Yordas, or child, or other descendant of his, remained in the land of the living, or even without that if he having learned it had been enabled to bar the entail and then sell or devise the lands away, the ladies in possession could show no title, except a possessory one, as yet unhallowed by the lapse of time.
Mr. Jellicorse was a very pleasant-looking man, also one who took a pleasant view of other men and things; but he could not help pulling a long and sad face as he thought of the puzzle before him. Duncan Yordas had not been heard of among his own hills and valleys since 1778, when he embarked for India. None of the family ever had cared to write or read long letters, their correspondence (if any) was short, without being sweet by any means. It might be a subject for prayer and hope that Duncan should be gone to a better world, without leaving hostages to fortune here; but sad it is to say that neither prayer nor hope produces any faith in the counsel who prepares “requisitions upon title.”
On the other hand, inquiry as to Duncan’s history since he left his native land would be a delicate and expensive work, and perhaps even dangerous, if he should hear of it, and inquire about the inquirers. For the last thing to be done from a legal point of view—though the first of all from a just one—was to apprise the rightful owner of his unexpected position. Now Mr. Jellicorse was a just man; but his justice was due to his clients first.
After a long brown-study he reaped his crop of meditation thus: “It is a ticklish job; and I will sleep three nights upon it.”
CHAPTER IV
DISQUIETUDE
The ladies of Scargate Hall were uneasy, although the weather was so fine, upon this day of early August, in the year now current. It was a remarkable fact, that in spite of the distance they slept asunder, which could not be less than five-and-thirty yards, both had been visited by a dream, which appeared to be quite the same dream until examined narrowly, and being examined, grew more surprising in its points of difference. They were much above paying any heed to dreams, though instructed by the patriarchs to do so; and they seemed to be quite getting over the effects, when the lesson and the punishment astonished them.
Lately it had been established (although many leading people went against it, and threatened to prosecute the man for trespass) that here in these quiet and reputable places, where no spy could be needed, a man should come twice every week with letters, and in the name of the king be paid for them. Such things were required in towns, perhaps, as corporations and gutters were; but to bring them where people could mind their own business, and charge them two groats for some fool who knew their names, was like putting a tax upon their christening. So it was the hope of many, as well as every one’s belief, that the postman, being of Lancastrian race, would very soon be bogged, or famished, or get lost in a fog, or swept off by a flood, or go and break his own neck from a precipice.
The postman, however, was a wiry fellow, and as tough as any native, and he rode a pony even tougher than himself, whose cradle was a marsh, and whose mother a mountain, his first breath a fog, and his weaning meat wire-grass, and his form a combination of sole-leather and corundum. He wore no shoes for fear of not making sparks at night, to know the road by, and although his bit had been a blacksmith’s rasp, he would yield to it only when it suited him. The postman, whose name was George King (which confounded him with King George, in the money to pay), carried a sword and blunderbuss, and would use them sooner than argue.
Now this man and horse had come slowly along, without meaning any mischief, to deliver a large sealed packet, with sixteen pence to pay put upon it, “to Mistress Philippa Yordas, etc., her own hands, and speed, speed, speed;” which they carried out duly by stop, stop, stop, whensoever they were hungry, or saw any thing to look at. None the less for that, though with certainty much later, they arrived in good trim, by the middle of the day, and ready for the comfort which they both deserved.
As yet it was not considered safe to trust any tidings of importance to the post in such a world as this was; and even were it safe, it would be bad manners from a man of business. Therefore Mr. Jellicorse had sealed up little, except his respectful consideration and request to be allowed to wait upon his honored clients, concerning a matter of great moment, upon the afternoon of Thursday then next ensuing. And the post had gone so far, to give good distance for the money, that the Thursday of the future came to be that very day.
The present century opened with a chilly and dark year, following three bad seasons of severity and scarcity. And in the northwest of Yorkshire, though the summer was now so far advanced, there had been very little sunshine. For the last day or two, the sun had labored to sweep up the mist and cloud, and was beginning to prevail so far that the mists drew their skirts up and retired into haze, while the clouds fell away to the ring of the sky, and there lay down to abide their time. Wherefore it happened that “Yordas House” (as the ancient building was in old time called) had a clearer view than usual of the valley, and the river that ran away, and the road that tried to run up to it. Now this was considered a wonderful road, and in fair truth it was wonderful, withstanding all efforts of even the Royal Mail pony to knock it to pieces. In its rapidity down hill it surpassed altogether the river, which galloped along by the side of it, and it stood out so boldly with stones of no shame that even by moonlight nobody could lose it, until it abruptly lost itself. But it never did that, until the house it came from was two miles away, and no other to be seen; and so why should it go any further?
At the head of this road stood the old gray house, facing toward the south of east, to claim whatever might come up the valley, sun, or storm, or columned fog. In the days of the past it had claimed much more—goods, and cattle, and tribute of the traffic going northward—as the loop-holed quadrangle for impounded stock, and the deeply embrasured tower, showed. At the back of the house rose a mountain spine, blocking out the westering sun, but cut with one deep portal where a pass ran into Westmoreland—the scaur-gate whence the house was named; and through this gate of mountain often, when the day was waning, a bar of slanting sunset entered, like a plume of golden dust, and hovered on a broad black patch of weather-beaten fir-trees. The day was waning now, and every steep ascent looked steeper, while down the valley light and shade made longer cast of shuttle, and the margin of the west began to glow with a deep wine-color, as the sun came down—the tinge of many mountains and the distant sea—until the sun himself settled quietly into it, and there grew richer and more ripe (as old bottled wine is fed by the crust), and bowed his rubicund farewell, through the postern of the scaur-gate, to the old Hall, and the valley, and the face of Mr. Jellicorse.
That gentleman’s countenance did not, however, reply with its usual brightness to the mellow salute of evening. Wearied and shaken by the long, rough ride, and depressed by the heavy solitude, he hated and almost feared the task which every step brought nearer. As the house rose higher and higher against the red sky, and grew darker, and as the sullen roar of blood-hounds (terrors of the neighborhood) roused the slow echoes of the crags, the lawyer was almost fain to turn his horse’s head, and face the risks of wandering over the moor by night. But the hoisting of a flag, the well-known token (confirmed by large letters on a rock) that strangers might safely approach, inasmuch as the savage dogs were kennelled—this, and the thought of such an entry for his day-book, kept Mr. Jellicorse from ignominious flight. He was in for it now, and must carry it through.
In a deep embayed window of leaded glass Mistress Yordas and her widowed sister sat for an hour, without many words, watching the zigzag of shale and rock which formed their chief communication with the peopled world. They did not care to improve their access, or increase their traffic; not through cold morosity, or even proud indifference, but because they had been so brought up, and so confirmed by circumstance. For the Yordas blood, however hot and wild and savage in the gentlemen, was generally calm and good, though steadfast, in the weaker vessels. For the main part, however, a family takes it character more from the sword than the spindle; and their sword hand had been like Esau’s.
Little as they meddled with the doings of the world, of one thing at least these stately Madams—as the baffled squires of the Riding called them—were by no means heedless. They dressed themselves according to their rank, or perhaps above it. Many a nobleman’s wife in Yorkshire had not such apparel; and even of those so richly gifted, few could have come up to the purpose better. Nobody, unless of their own sex, thought of their dresses when looking at them.
“He rides very badly,” Philippa said; “the people from the lowlands always do. He may not have courage to go home tonight. But he ought to have thought of that before.”
“Poor man! We must offer him a bed, of course,” Mrs. Carnaby answered; “but he should have come earlier in the day. What shall we do with him, when he has done his business?”
“It is not our place to amuse our lawyer. He might go and smoke in the Justice-room, and then Welldrum could play bagatelle with him.”
“Philippa, you forget that the Jellicorses are of a good old county stock. His wife is a stupid, pretentious thing; but we need not treat him as we must treat her. And it may be as well to make much of him, perhaps, if there really is any trouble coming.”
“You are thinking of Pet. By-the-bye, are you certain that Pet can not get at Saracen? You know how he let him loose last Easter, when the flag was flying, and the poor man has been in his bed ever since.”
“Jordas will see to that. He can be trusted to mind the dogs well, ever since you fined him in a fortnight’s wages. That was an excellent thought of yours.”
Jordas might have been called the keeper, or the hind, or the henchman, or the ranger, or the porter, or the bailiff, or the reeve, or some other of some fifty names of office, in a place of more civilization, so many and so various were his tasks. But here his professional name was the “dogman;” and he held that office according to an ancient custom of the Scargate race, whence also his surname (if such it were) arose. For of old time and in outlandish parts a finer humanity prevailed, and a richer practical wisdom upon certain questions. Irregular offsets of the stock, instead of being cast upon the world as waifs and strays, were allowed a place in the kitchen-garden or stable-yard, and flourished there without disgrace, while useful and obedient. Thus for generations here the legitimate son was Yordas, and took the house and manors; the illegitimate became Jordas, and took to the gate, and the minding of the dogs, and any other office of fidelity.
The present Jordas was, however, of less immediate kin to the owners, being only the son of a former Jordas, and in the enjoyment of a Christian name, which never was provided for a first-hand Jordas; and now as his mistress looked out on the terrace, his burly figure came duly forth, and his keen eyes ranged the walks and courts, in search of Master Lancelot, who gave him more trouble in a day, sometimes, than all the dogs cost in a twelvemonth. With a fine sense of mischief, this boy delighted to watch the road for visitors, and then (if barbarously denied his proper enjoyment and that of the dogs) he still had goodly devices of his own for producing little tragedies.
Mr. Jellicorse knew Jordas well, and felt some pity for him, because, if his grandmother had been wiser, he might have been the master now; and the lawyer, having much good feeling, liked not to make a groom of him. Jordas, however, knew his place, and touched his hat respectfully, then helped the solicitor to dismount, the which was sorely needed.
“You came not by the way of the ford, Sir?” the dogman asked, while considering the leathers. “The water is down; you might have saved three miles.”
“Better lose thirty than my life. Will any of your men, Master Jordas, show me a room, where I may prepare to wait upon your ladies?”
Mr. Jellicorse walked through the old arched gate of the reever’s court, and was shown to a room, where he unpacked his valise, and changed his riding clothes, and refreshed himself. A jug of Scargate ale was brought to him, and a bottle of foreign wine, with the cork drawn, lest he should hesitate; also a cold pie, bread and butter, and a small case-bottle of some liqueur. He was not hungry, for his wife had cared to victual him well for the journey; but for fear of offense he ate a morsel, found it good, and ate some more. Then after a sip or two of the liqueur, and a glance or two at his black silk stockings, buckled shoes, and best small-clothes, he felt himself fit to go before a duchess, as once upon a time he had actually done, and expressed himself very well indeed, according to the dialogue delivered whenever he told the story about it every day.
Welldrum, the butler, was waiting for him—a man who had his own ideas, and was going to be put upon by nobody. “If my father could only come to life for one minute, he would spend it in kicking that man,” Mrs. Carnaby had exclaimed, about him, after carefully shutting the door; but he never showed airs before Miss Yordas.
“Come along, Sir,” Welldrum said, after one professional glance at the tray, to ascertain his residue. “My ladies have been waiting this half hour; and for sure, Sir, you looks wonderful! This way, Sir, and have a care of them oak fagots. My ladies, Lawyer Jellicorse!”
CHAPTER V
DECISION
The sun was well down and away behind the great fell at the back of the house, and the large and heavily furnished room was feebly lit by four wax candles, and the glow of the west reflected as a gleam into eastern windows. The lawyer was pleased to have it so, and to speak with a dimly lighted face. The ladies looked beautiful; that was all that Mr. Jellicorse could say, when cross-examined by his wife next day concerning their lace and velvet. Whether they wore lace or net was almost more than he could say, for he did not heed such trifles; but velvet was within his knowledge (though not the color or the shape), because he thought it hot for summer, until he remembered what the climate was. Really he could say nothing more, except that they looked beautiful; and when Mrs. Jellicorse jerked her head, he said that he only meant, of course, considering their time of life.
The ladies saw his admiration, and felt that it was but natural. Mrs. Carnaby came forward kindly, and offered him a nice warm hand; while the elder sister was content to bow, and thank him for coming, and hope that he was well. As yet it had not become proper for a gentleman, visiting ladies, to yawn, and throw himself into the nearest chair, and cross his legs, and dance one foot, and ask how much the toy-terrier cost. Mr. Jellicorse made a fine series of bows, not without a scrape or two, which showed his goodly calf; and after that he waited for the gracious invitation to sit down.
“If I understood your letter clearly,” Mistress Yordas began, when these little rites were duly accomplished, “you have something important to tell us concerning our poor property here. A small property, Mr. Jellicorse, compared with that of the Duke of Lunedale, but perhaps a little longer in one family.”
“The duke is a new-fangled interloper,” replied hypocritical Jellicorse, though no other duke was the husband of the duchess of whom he indited daily; “properties of that sort come and go, and only tradesmen notice it. Your estates have been longer in the seisin of one family, madam, than any other in the Riding, or perhaps in Yorkshire.”
“We never seized them!” cried Mrs. Carnaby, being sensitive as to ancestral thefts, through tales about cattle-lifting. “You must be aware that they came to us by grant from the Crown, or even before there was any Crown to grant them.”
“I beg your pardon for using a technical word, without explaining it. Seisin is a legal word, which simply means possession, or rather the bodily holding of a thing, and is used especially of corporeal hereditaments. You ladies have seisin of this house and lands, although you never seized them.”
“The last thing we would think of doing,” answered Mrs. Carnaby, who was more impulsive than her sister, also less straightforward. “How often we have wished that our poor lost brother had not been deprived of them! But our father’s will was sacred, and you told us we were helpless. We struggled, as you know; but we could do nothing.”
“That is the question which brought me here,” the lawyer said, very quietly, at the same time producing a small roll of parchment sealed in cartridge paper. “Last week I discovered a document which I am forced to submit to your judgment. Shall I read it to you, or tell its purport briefly?”
“Whatever it may be, it can not in any way alter our conclusions. Our conclusions have never varied, however deeply they may have grieved us. We were bound to do justice to our dear father.”
“Certainly, madam; and you did it. Also, as I know, you did it as kindly as possible toward other relatives, and you only met with perversity. I had the honor of preparing your respected father’s will, a model of clearness and precision, considering—considering the time afforded, and other disturbing influences. I know for a fact that a copy was laid before the finest draftsman in London, by—by those who were displeased with it, and his words were: ‘Beautiful! beautiful! Every word of it holds water.’ Now that, madam, can not be said of many; indeed, of not one in—”
“Pardon, me for interrupting you, but I have always understood you to speak highly of it. And in such a case, what can be the matter?”
“The matter of all matters, madam, is that the testator should have disposing power.”
“He could dispose of his own property as he was disposed, you mean.”
“You misapprehend me.” Mr. Jellicorse now was in his element, for he loved to lecture—an absurdity just coming into vogue. “Indulge me one moment. I take this silver dish, for instance; it is in my hands, I have the use of it; but can I give it to either of you ladies?”
“Not very well, because it belongs to us already.”
“You misapprehend me. I can not give it because it is not mine to give.” Mrs. Carnaby looked puzzled.
“Eliza, allow me,” said Mistress Yordas, in her stiffer manner, and now for the first time interfering. “Mr. Jellicorse assures us that his language is a model of clearness and precision; perhaps he will prove it by telling us now, in plain words, what his meaning is.”
“What I mean, madam, is that your respected father could devise you a part only of this property, because the rest was not his to devise. He only had a life-interest in it.”
“His will, therefore, fails as to some part of the property? How much, and what part, if you please?”
“The larger and better part of the estates, including this house and grounds, and the home-farm.”
Mrs. Carnaby started and began to speak; but her sister moved only to stop her, and showed no signs of dismay or anger.
“For fear of putting too many questions at once,” she said, with a slight bow and a smile, “let me beg you to explain, as shortly as possible, this very surprising matter.”
Mr. Jellicorse watched her with some suspicion, because she called it so surprising, yet showed so little surprise herself. For a moment he thought that she must have heard of the document now in his hands; but he very soon saw that it could not be so. It was only the ancient Yordas pride, perversity, and stiffneckedness. And even Mrs. Carnaby, strengthened by the strength of her sister, managed to look as if nothing more than a tale of some tenant were pending. But this, or ten times this, availed not to deceive Mr. Jellicorse. That gentleman, having seen much of the world, whispered to himself that this was all “high jinks,” felt himself placed on the stool of authority, and even ventured upon a pinch of snuff. This was unwise, and cost him dear, for the ladies would not have been true to their birth if they had not stored it against him.
He, however, with a friendly mind, and a tap now and then upon his document, to give emphasis to his story, recounted the whole of it, and set forth how much was come of it already, and how much it might lead to. To Scargate Hall, and the better part of the property always enjoyed therewith, Philippa Yordas and Eliza Carnaby had no claim whatever, except on the score of possession, until it could be shown that their brother Duncan was dead, without any heirs or assignment (which might have come to pass through a son adult), and even so, his widow might come forward and give trouble. Concerning all that, there was time enough to think; but something must be done at once to cancel the bargain with Sir Walter Carnaby, without letting his man of law get scent of the fatal defect in title. And now that the ladies knew all, what did they say?