The Entail

CHAPTER LII

‘I hope and trust,’ said Leddy Grippy, as George returned from conducting the lawyer to the door, ‘that ye’ll hae mair compassion for your mother than to be sway’t by the crooked counsels o’ yon quirkie bodie. I could see vera weel that he has a because o’ his ain for keeping his thumb on Watty’s unnaturality. But Geordie, he’s no surely the only lawyer in the town? I wat there are scores baith able and willing to tak the business by the hand; and if there shou’d be nane o’ a sufficient capacity in Glasgow, just tak a step in til Embro’, where, I hae often heard my honest father say, there are legions o’ a capacity to contest wi’ Belzebub himsel.’

‘I am very anxious, mother, to do every thing to promote your happiness,’ was the reply; ‘but the world will be apt to accuse me of being actuated by some sinister and selfish motive. It would be most disgraceful to me were I to fail.’

‘It will be a black burning shame to alloo a daft man any longer to rule and govern us like a tyrant wi’ a rod o’ iron, pooking and rooking me, his mother, o’ my ain lawful jointure and honest hainings, forbye skailing and scattering his inheritance in a manner as if ten pound notes were tree-leaves at Hallowe’en.’

‘I am quite sensible of the truth and justice of all you say; but you know the uncertainty of the law,’ said George, ‘and the consequences would be fatal to me were we not to succeed.’

‘And what will be the consequences if he were taking it in his head to marry again? He would mak nae scruple of sending me off frae Grippy at an hour’s warning.’

This touched the keenest nerve of her son’s anxieties; and he was immediately alarmed by a long visionary vista of unborn sons, rising between him and the succession to the estate; – but he only appeared to sympathize with his mother.

‘It’s not possible,’ said he, ‘even were he to marry again, that he could be so harsh. You have lived ever since your marriage with my father at Grippy. It’s your home, and endeared to you by many pleasing recollections. It would be extreme cruelty now, in your declining years, to force you to live in the close air, and up the dirty turnpike stairs o’ Glasgow.’

‘It would soon be the death o’ me,’ exclaimed the Leddy, with a sigh, wiping one of her eyes with the corner of her apron. ‘In short, Geordie, if ye dinna step out and get him put past the power o’ marrying, I’ll regard you as little better than art and part in his idiocety. But it’s time I were taking the road, for they’ll a’ be marvelling what keeps me. There’s, however, ae thing I would advise you, and that is, to take gude care and no mint what we hae been speaking o’ to living creature, for nobody can tell what detriment the born idiot might do to us baith, were he to get an inkling before a’s ready to put the strait waistcoat o’ the law on him; so I redde you set about it in a wary and wily manner, that he may hae nae cause to jealouse your intent.’

There was, however, no great occasion for the latter part of this speech, George being perfectly aware of all the difficulties and delicacies of the case; but he said, —

‘Did he ever attempt actually to strike you?’

‘Oh, no,’ replied his mother; ‘to do the fool thing justice, it’s kindly enough in its manner; only it will neither be governed nor guided by me as it used to be; which is a sore trial.’

‘Because,’ rejoined George, ‘had he ever dared to do so, there would then have been less trouble or scruple in instituting proceedings against him.’

‘Na; an it’s ony way to commode the business, we might soon provoke him to lift his hand; but it’s a powerful creature, and I’m fear’t. However, Geordie, ye might lay yoursel out for a bit slaik o’ its paw; so just come o’er the morn’s morning and try; for it’ll no do to stand shilly-shallying, if we hope to mak a right legality o’t.’

Cowardice is the best auxiliary to the police, and George had discretion enough not to risk the danger of rousing the sleeping lion of his brother’s Herculean sinews. But, in other respects, he took his mother’s advice; and, avoiding the guilt of causing an offence, in order that he might be able to prosecute the offender, he applied to Gabriel Pitwinnoch, the writer, from whose character he expected to encounter fewer scruples and less scrutiny than with Mr. Keelevin.

In the meantime, the Leddy, who had returned home to Grippy, preserved the most entire reserve upon the subject to all the inmates of the family, and acted her part so well, that even a much more suspicious observer than her daughter-in-law would never have suspected her of double dealing. Indeed, any change that could be perceived in her manner was calculated to lull every suspicion, – for she appeared more than usually considerate and attentive towards Walter, and even condescended to wheedle and coax him on different occasions, when it would have been more consonant to her wonted behaviour had she employed commands and reproaches.

In the course of a week after the interview with Mr. Keelevin, George went to Edinburgh, and he was accompanied in his journey by the wary Gabriel Pitwinnoch. What passed between them on the road, and who they saw, and what advice they received in the intellectual city, we need not be particular in relating; but the result was, that, about a week after their return, Gabriel came to Grippy, accompanied by a stranger, of whose consequence and rank it would appear the Leddy had some previous knowledge, as she deported herself towards him with a degree of ceremonious deference very unusual to her habits. The stranger, indeed, was no less a personage than Mr. Threeper the advocate, a gentleman of long standing and great practice in the Parliament House, and much celebrated for his shrewd perception of technical flaws, and clever discrimination of those nicer points of the law that are so often at variance with justice.

It happened, that, when this learned doctor of the Caledonian Padua arrived with his worthy associate, Mrs. Charles Walkinshaw was in the fields; but, the moment her son James saw him, he was so struck with his appearance, that he ran to tell her. Walter also followed him, under the influence of the same feeling, and said, —

‘Come in, Bell Fatherlans, and see what a warld’s won’er Pitwinnoch the writer has brought to our house. My mother says it’s a haudthecat, and that it gangs about the town o’ Embro’, walking afore the Lords, in a black gown, wi’ a wig on’ts head. I marvel what the creature’s come here for. It has a silver snuffbox, that it’s ay pat-patting; and ye would think, to hear it speak, that King Solomon, wi’ a’ his hundreds o’ wives and concubines, was but a fool to him.’

Mrs. Charles was alarmed at hearing of such a visitor; for the journey of George and Pitwinnoch to Edinburgh immediately occurred to her, and a feeling of compassion, mingled with gratitude for the kindness which Walter had lately shown to herself and her children, suggested that she ought to put him on his guard.

‘Walter,’ said she, ‘I would not advise you to go near the house while the two lawyers are there, – for who knows what they may do to you? But go as fast as ye can to Glasgow, and tell Mr. Keelevin what has happened; and say that I have some reason to fear it’s a visit that bodes you no good, and therefore ye’ll stand in need of his advice and assistance.’

The natural, who had an instinctive horror of the law, made no reply, but, with a strong expression of terror in his countenance, immediately left her, and went straight to Glasgow.

CHAPTER LIII

During the journey of George and Pitwinnoch to Edinburgh, a Brief of Chancery had been quietly obtained, directing the Sheriff of the county to summon a jury, to examine into the alleged fatuity of Walter; and the visit of the latter with Mr. Threeper, the advocate, to Grippy, was to meet George, for the purpose of determining with respect to the evidence that it might be requisite to adduce before the inquest. All this was conducted, as it was intended to appear, in a spirit of the greatest delicacy towards the unfortunate fatuus, consistent with the administration of public justice.

‘I can assure you,’ said our friend Gabriel to Mr. Threeper, as they walked towards the house – the advocate perusing the ground as he poked his way along with his cane, and occasionally taking snuff; ‘I can assure you, that nothing but the most imperious necessity could have induced Mr. George Walkinshaw to institute these proceedings; for he is a gentleman of the utmost respectability; and to my knowledge has been long and often urged in vain to get his brother cognost; but, until the idiot’s conduct became so intolerable, that his mother could no longer endure it, he was quite inexorable.’

‘Is Mr. George in affluent circumstances?’ said the advocate, dryly.

‘He is but a young man; the house, however, in which he is a partner is one of the most flourishing in Glasgow,’ was the answer.

‘He has, perhaps, a large family?’

‘O dear no; only one daughter; and his wife,’ said Gabriel, ‘is, I understand, not likely to have any more.’

‘She may, however, have sons, Pitwinnoch,’ rejoined the advocate, wittily – at the same time taking snuff. ‘But you say it is the mother that has chiefly incited Mr. Walkinshaw to this action.’

‘So he told me,’ replied the writer.

‘Her evidence will be most important; for it is not natural that a mother would urge a process of such a nature, without very strong grounds indeed, unless she has some immediate or distinct prospective interest in the result. Have you any idea that such is the case?’

‘I should think not,’ said Gabriel.

‘Do you imagine that such allowance as the Court might grant for the custody of the fatuus would have any influence with her?’ inquired Mr. Threeper, without raising his eyes from the road.

‘I have always understood,’ was the reply, ‘that she is in the possession, not only of a handsome jointure, but of a considerable provision, specially disponed to her by the will of old Plealands, her father.’

‘Ah! was she the daughter of old Plealands?’ said the advocate. ‘It was in a cause of his that I was first retained. He had the spirit of litigation in a very zealous degree.’

In this manner the two redressers of wrongs chattingly proceeded towards Grippy, by appointment, to meet George; and they arrived, as we have related in the foregoing chapter, a few minutes before he made his appearance.

In the meantime, Watty hastened with rapid steps, goaded by a mysterious apprehension of some impending danger, to the counting-house of Mr. Keelevin, whom he found at his desk.

‘Weel, Mr. Walter,’ said the honest writer, looking up from a deed he was perusing, somewhat surprised at seeing him – ‘What’s the best o’ your news the day, and what’s brought you frae Grippy?’

‘Mr. Keelevin,’ replied Walter, going towards him on tiptoe, and whispering audibly in his ear, ‘I’ll tell you something, Mr. Keelevin: – twa gleds o’ the law hae lighted yonder; and ye ken, by your ain ways, that the likes o’ them dinna flee afield for naething.’

‘No possible!’ exclaimed Mr. Keelevin; and the recollection of his interview with George and the Leddy flashing upon him at the moment, he at once divined the object of their visit; and added, ‘It’s most abominable; – but ken ye what they’re seeking, Mr. Walter?’

‘No,’ said he. ‘But Bell Fatherlans bade me come and tell you; for she thought I might need your counsel.’

‘She has acted a true friend’s part; and I’m glad ye’re come,’ replied the lawyer; ‘and for her and her bairns’ sake, I hope we’ll be able to defeat their plots and devices. But I would advise you, Mr. Walter, to keep out o’ harm’s way, and no gang in the gate o’ the gleds, as ye ca’ them.’

‘Hae ye ony ark or amrie, Mr. Keelevin, where a body might den himsel till they’re out o’ the gate and away?’ cried Walter timidly, and looking anxiously round the room.

‘Ye should na speak sic havers, Mr. Walter, but conduct yourself mair like a man,’ said his legal friend grievedly. ‘Indeed, Mr. Walter, as I hae some notion that they’re come to tak down your words – may be to spy your conduct, and mak nae gude report thereon to their superiors – tak my advice, and speak as little as possible.’

‘I’ll no say ae word – I’ll be a dumbie – I’ll sit as quiet as ony ane o’ the images afore Bailie Glasford’s house at the head o’ the Stockwell. King William himsel, on his bell-metal horse at the Cross, is a popular preacher, Mr. Keelevin, compared to what I’ll be.’

The simplicity and sincerity with which this was said moved the kind-hearted lawyer at once to smile and sigh.

‘There will, I hope, Mr. Walter,’ said he, ‘be no occasion to put any restraint like that upon yoursel; only it’s my advice to you as a friend, to enter into no conversation with any one you do not well know, and to dress in your best clothes, and shave yoursel, – and in a’ things demean and deport yoursel, like the laird o’ Kittlestonheugh, and the representative of an ancient and respected family.’

‘Oh, I can easily do that,’ replied the natural; ‘and I’ll tak my father’s ivory-headed cane, with the golden virl, and the silver e’e for a tassel, frae ahint the scrutoire, where it has ay stood since his death, and walk up and down the front of the house like a Glasgow magistrate.’

‘For the love o’ Heaven, Mr. Walter,’ exclaimed the lawyer, ‘do nae sic mad-like action! The like o’ that is a’ they want.’

‘In whatna other way, then,’ said Walter helplessly, ‘can I behave like a gentleman, or a laird o’ yird and stane, wi’ the retinue o’ an ancient pedigree like my father’s Walkinshaws o’ Kittlestonheugh?’

‘’Deed,’ said Mr. Keelevin compassionately, ‘I’m wae to say’t – but I doot, I doot, it’s past the compass o’ my power to advise you.’

‘I’m sure,’ exclaimed Walter despairingly, ‘that the Maker was ill aff for a turn when he took to the creating o’ lawyers. The deils are but prentice work compared to them. I dinna ken what to do, Mr. Keelevin – I wish that I was dead, but I’m no like to dee, as Jenny says in her wally-wae about her father’s cow and auld Robin Gray.’

‘Mr. Walter,’ said his friend, after a pause of several minutes, ‘go you to Mrs. Hypel, your grandmother, for the present, and I’ll out to Grippy, and sift the meaning o’ this visitation. When I have gathered what it means, we’ll hae the better notion in what way we ought to fight with the foe.’

‘I’ll smash them like a forehammer,’ exclaimed Walter, proudly. ‘I’ll stand ahint a dike, and gie them a belter wi’ stanes, till I hae na left the souls in their bodies – that’s what I will, – if ye approve o’t, Mr. Keelevin.’

‘Weel, weel, Mr. Walter,’ was the chagrined and grieved reply, ‘we’ll see to that when I return; but it’s a terrible thing to think o’ proving a man non compos mentis for the only sensible action he ever did in all his life. Nevertheless, I will not let myself despond; and I have only for the present to exhort you to get yoursel in an order and fitness to appear as ye ought to be; – for really, Mr. Walter, ye alloo yoursel to gang sae like a divor, that I dinna wonder ye hae been ta’en notice o’. So I counsel you to mak yoursel trig, and no to play ony antics.’

Walter assured him, that his advice would in every respect be followed; and, leaving the office, he went straight to the residence of his grandmother, while Mr. Keelevin, actuated at once by his humanity and professional duty, ordered his horse, and reached Grippy just as the advocate, Mr. Pitwinnoch, and George, were on the point of coming away, after waiting in vain for the return of Walter, whom Mr. Threeper was desirous of conversing with personally.

CHAPTER LIV

The triumvirate and Leddy Grippy were disconcerted at the appearance of Mr. Keelevin – for, at that moment, the result of Mr. Threeper’s inquiries among the servants had put them all in the most agreeable and unanimous opinion with respect to the undoubted certainty of poor Watty’s fatuity. – ‘We have just to walk over the course,’ the advocate was saying; when George, happening to glance his eye towards the window, beheld the benevolent lawyer coming up the avenue.

‘Good Heavens!’ said he, ‘what can that old pest, Keelevin, want here?’

‘Keelevin!’ exclaimed the Leddy, – ‘that’s a miracle to me. I think, gentlemen,’ she added, ‘ye had as weel gang away by the back door – for ye would na like, maybe, to be fashed wi’ his confabbles. He’s no a man, or I’m far mista’en, that kens muckle about the prejinketties o’ the law, though he got the poor daft creature harl’t through the difficulties o’ the plea wi’ my cousin Gilhaise, the Mauchlin maltster. I’m very sure, Mr. Threeper, he’s no an acquaintance ye would like to cultivate, for he has na the talons o’ an advocate versed in the devices o’ the courts, but is a quirkie bodie, capable o’ making law no law at a’, according to the best o’ my discernment, which, to be sure, in matters o’ locutories and decreets, is but that o’ a hamely household woman, so I would advise you to eschew his company at this present time.’

Mr. Threeper, however, saw further into the lady’s bosom than she suspected; and as it is never contrary, either to the interest of advocate or agent, to avoid having causes contested, especially when there is, as was in this case, substance enough to support a long and zealous litigation, that gentleman said, —

‘Then Mr. Keelevin is the agent who was employed in the former action?’

‘Just sae,’ resumed the Leddy, ‘and ye ken he could na, wi’ ony regard to himsel, be art and part on this occasion.’

‘Ah, but, madam,’ replied the advocate, earnestly, ‘he may be agent for the fatuus. It is, therefore, highly proper we should set out with a right understanding respecting that point; for, if the allegations are to be controverted, it is impossible to foresee what obstacles may be raised, although, in my opinion, from the evidence I have heard, there is no doubt that the fatuity of your son is a fact which cannot fail to be in the end substantiated. Don’t you think, Mr. Pitwinnoch, that we had as well see Mr. Keelevin?’

‘Certainly,’ said Gabriel. ‘And, indeed, considering that, by the brief to the Sheriff, the Laird is a party, perhaps even though Mr. Keelevin should not have been employed, it would be but fair, and look well towards the world, were he instructed to take up this case on behalf of the fatuus. What say you, Mr. Walkinshaw?’

George did not well know what to say, but he replied, that, for many reasons, he was desirous the whole affair should be managed as privately as possible. ‘If, however, the forms of the procedure require that an agent should act for Walter, I have no objection; at the same time, I do not think Mr. Keelevin the fittest person.’

‘Heavens and earth!’ exclaimed the Leddy, ‘here’s a respondenting and a hearing, and the Lord Ordinary and a’ the fifteen Lords frae Embro’ come to herry us out o’ house and hall. Gentlemen, an ye’ll tak my advice, who, in my worthy father’s time, had some inkling o’ what the cost o’ law pleas are, ye’ll hae naething to do wi’ either Keelevin, Gardevine, or ony other Vines in the shape o’ pro forma agents; but settle the business wi’ the Sheriff in a douce and discreet manner.’

Mr. Threeper, looking towards Mr. Pitwinnoch and George, rapped his ivory snuff-box, rimmed and garnished with gold, and smiling, took a pinch as Mr. Keelevin was shown into the room.

‘Mr. George,’ said Mr. Keelevin, sedately, after being seated; ‘I am not come here to ask needless questions, but as Man of Business for your brother, it will be necessary to serve me with the proper notices as to what you intend.’

Mr. Threeper again had recourse to his box, and Gabriel looked inquiringly at his client – who could with difficulty conceal his confusion, while the old lady, who had much more presence of mind, said, —

‘May I be sae bold, Mr. Keelevin, as to speer wha sent you here, at this time?’

‘I came at Mr. Walter’s own particular and personal request,’ was the reply; and he turned at the same time towards the advocate, and added, ‘That does not look very like fatuity.’

‘He never could hae done that o’ his own free will. I should na wonder if the interloper, Bell Fatherlans, sent him – but I’ll soon get to the bottom o’t,’ exclaimed the Leddy, and she immediately left the room in quest of Mrs. Charles, to inquire. During her absence, Mr. Keelevin resumed, —

‘It is not to be contested, Mr. Threeper,’ for he knew the person of the advocate, ‘that the Laird is a man o’ singularities and oddities – we a’ hae our foibles; but he got a gude education, and his schoolmaster bore testimony on a former occasion to his capacity; and if it can be shown that he does not manage his estate so advantageously as he might do, surely that can never be objected against him, when we every day see so many o’ the wisest o’ our lairds, and lords, and country gentry, falling to pigs and whistles, frae even-doun inattention or prodigality. I think it will be no easy thing to prove Mr. Walter incapable o’ managing his own affairs, with his mother’s assistance.’

‘Ah! Mr. Keelevin, with his mother’s assistance!’ exclaimed the acute Mr. Threeper. ‘It’s time that he were out of leading-strings, and able to take care of himself, without his mother’s assistance – if he’s ever likely to do so.’

At this crisis, the Leddy returned into the room flushed with anger. ‘It’s just as I jealoused,’ cried she; ‘it’s a’ the wark o’ my gude-dochter – it was her that sent him; black was the day she e’er came to stay here; many a sore heart in the watches o’ the night hae I had sin syne, for my poor weak misled lad; for if he were left to the freedom o’ his own will, he would na stand on stepping stanes, but, without scrupulosity, would send me, his mother, to crack sand, or mak my leaving where I could, after wastering a’ my jointure.’

This speech made a strong impression on the minds of all the lawyers present. Mr. Keelevin treasured it up, and said nothing. Our friend Gabriel glanced the tail of his eye at the advocate, who, without affecting to have noticed the interested motive which the Leddy had betrayed, said to Mr. Keelevin, —

‘The case, sir, cannot but go before a jury; for, although the fatuus be of a capacity to repeat any injunction which he may have received, and which is not inconsistent with a high degree of fatuity – it does not therefore follow that he is able to originate such motions or volitions of the mind as are requisite to constitute what may be denominated a legal modicum of understanding, the possession of which in Mr. Walter Walkinshaw is the object of the proposed inquiry to determine.’

‘Very well, gentlemen, since such is the case,’ replied Mr. Keelevin, rising, ‘as I have undertaken the cause, it is unnecessary for us to hold any further conversation on the subject. I shall be prepared to protect my client.’

With these words he left the room, in some hope that possibly they might induce George still to stay proceedings. But the cupidity of George’s own breast, the views and arguments of his counsel, and the animosity of his mother, all co-operated to weaken their effect; so that, in the course of as short a time as the forms of the judicature permitted, a jury was empannelled before the Sheriff, according to the tenor of the special brief of Chancery which had been procured for the purpose, and evidence as to the state of poor Watty’s understanding and capacity regularly examined; – some account of which we shall proceed to lay before our readers, premising that Mr. Threeper opened the business in a speech replete with eloquence and ingenuity, and all that metaphysical refinement for which the Scottish bar was then, as at present, so justly celebrated. Nothing, indeed, could be more subtile, or less applicable to the coarse and daily tear and wear of human concerns, than his definition of what constituted ‘the minimum of understanding, or of reason, or of mental faculty in general, which the law, in its wisdom, required to be enjoyed by every individual claiming to exercise the functions that belong to man, as a subject, a citizen, a husband, a father, a master, a servant, – in one word, to enable him to execute those different essential duties, which every gentleman of the jury so well knew, and so laudably, so respectably, and so meritoriously performed.’ – But we regret that our limits do not allow us to enter upon the subject; and the more so, as it could not fail to prove highly interesting to our fair readers, in whose opinion the eloquence of the Parliament House of Edinburgh, no doubt, possesses many charming touches of sentiment, and amiable pathetic graces.