Read the book: «The Entail», page 31

CHAPTER XCI

The same gale which proved so fatal on the coast of Caithness, carried the Glasgow party briskly home.

Before their arrival the news of the loss of Mr. Walkinshaw had reached the city, and Dirdumwhamle and his son were as busy, as heirs and executors could well be, in taking possession of his fortune, which, besides the estate of Kittlestonheugh, greatly exceeded their most sanguine expectations. They were, however, smitten with no little concern when, on applying to Mr. Pitwinnoch, the lawyer, to receive infeftment of the lands, they heard from him, after he had perused the deed of entail, that Robina had no right to the inheritance; but that our friend Walkinshaw was the lawful heir.

It was, however, agreed, as the world, as well as themselves, had uniformly understood and believed that old Grippy had disinherited his eldest son, to say nothing about this important discovery. Walky and Robina accordingly took possession in due form of her father’s mansion. Their succession was unquestioned, and they mourned in all the most fashionable pomp of woe for the loss they had sustained, receiving the congratulatory condolence of their friends with the most befitting decorum. To do the lady, however, justice, the tears which she shed were immediate from the heart; for, with all his hereditary propensity to gather and hold, her father had many respectable domestic virtues, and was accounted by the world a fair and honourable man. It is also due to her likewise to mention, that she was not informed, either by her husband or father-in-law, of the mistake they had been all in with regard to the entail; so that, whatever blame did attach to them for the part they played, she was innocent of the fraud.

To Walkinshaw’s mother the loss of her brother-in-law was a severe misfortune, for with him perished her annuity of fifty pounds a year. She entertained, however, a hope that Robina would still continue it; but the feelings arising from the consciousness of an unjust possession of the estate, operated on the mind of Milrookit in such a way, as to make him suddenly become wholly under the influence of avarice. Every necessary expense was grudged; his wife, notwithstanding the wealth she had brought him, was not allowed to enjoy a guinea; in a word, from the day in which Pitwinnoch informed him that she had no right to the property, he was devoured, in the most singular manner, with the most miserly passions and fears.

The old Leddy, for some time after the shock she had met with in the sudden death of her son, mourned with more unaffected sorrow than might have been expected from her character; and having, during that period, invited Mrs. Charles to spend a few weeks with her, the loss of the annuity, and conjectures respecting the continuance of it, frequently formed the subject of their conversation.

‘It’s my notion,’ the Leddy would say, ‘that Beenie will see to a continuality o’ the ’nuity – but Walky’s sic a Nabal, that nae doot it maun be a task o’ dexterity on her side to get him to agree. Howsever, when they’re a’ settled, I’ll no be mealy-mouthed wi’ them. My word! a bein bargain he has gotten wi’ her, and I’m wae to think it did nae fa’ to your Jamie’s luck, who is a laddie o’ a winsome temper – just as like his grandfather, my friend that was, as a kittling’s like a cat – the only difference being a wee thought mair o’ daffing and playrifety.’

Nor was it long after these observations that the Leddy had an opportunity of speaking to her grandchildren on the subject. One day soon after, when they happened to call, she took occasion to remind them how kind she had been at the time of their marriage, and also that, but for her agency, it might never have taken place.

‘Noo,’ said she, ‘there is ae thing I would speak to you anent, though I was in the hope ye would hae spar’t me the obligation, by making me a reasonable gratis gift for the cost and outlay I was at, forbye trouble on your account. But the compliment is like the chariot-wheels o’ Pharaoh, sae dreigh o’ drawing, that I canna afford to be blate wi’ you ony langer. Howsever, Walky and Beenie, I hae a projection in my head, the whilk is a thought o’ wisdom for you to consider, and it’s o’ the nature o’ a solemn league and covenant. If ye’ll consent to alloo Bell Fatherlans her ’nuity of fifty pounds per annus, as it is called according to law, I’ll score you out o’ my books for the bed, board, and washing due to me, and a heavy soom it is.’

‘Where do you think we are to get fifty pounds a year?’ exclaimed Milrookit. ‘Fifty pounds a year!’

‘Just in the same neuk, Walky, where ye found the Kittlestonheugh estate and the three and twenty thousand pounds o’ lying siller, Beenie’s braw tocher,’ replied the Leddy; ‘and I think ye’re a very crunkly character, though your name’s no Habakkuk, to gi’e me sic a constipation o’ an answer.’

‘I can assure you, Leddy,’ said he, ‘if it was a thing within the compass of my power, I would na need to be told to be liberal to Mrs. Charles; but the burden o’ a family’s coming upon us, and it’s necessary, nay, it’s a duty, to consider that charity begins at hame.’

‘And what’s to become o’ her and her dochter? Gude guide us! would the hard nigger let her gang on the session? for I canna help her.’

‘All I can say at present,’ was his reply, ‘is that we are in no circumstances to spare any thing like fifty pounds a year.’

‘Then I can tell thee, Walky, I will this very day mak out my count, and every farthing I can extortionate frae thee, meeserable penure pig that thou art, shall be pay’t o’er to her to the last fraction, just to wring thy heart o’ niggerality.’

‘If you have any lawful claim against me, of course I am obliged to pay you.’

‘If I hae ony lawful claim? – ye Goliah o’ cheatrie – if I hae ony lawful claim? – But I’ll say nothing – I’ll mak out an account – and there’s nae law in Christendom to stop me for charging what I like – my goose shall lay gouden eggs, if the life bide in my bodie. – Ye unicorn of oppression, to speak to me o’ law, that was so kind to you – but law ye shall get, and law ye shall hae – and be made as lawful as it’s possible for caption and horning, wi’ clerk and signet to implement.’

‘If you will make your little favours a debt, nobody can prevent you; but I will pay no more than is justly due.’

The Leddy made no reply, but her eyes looked unutterable things; and after sitting for some time in that energetic posture of displeasure, she turned round to Robina, and said, with an accent of the most touching sympathy, —

‘Hegh, Beenie! poor lassie! but thou hast ta’en thy sheep to a silly market. A skelp-the-dub creature to upbraid me wi’ his justly dues! But crocodile or croakin-deil, as I should ca’ him, he’ll get his ain justly dues. – Mr. Milrookit o’ Kittlestonheugh, as it’s no the fashion when folk hae recourse to the civil war o’ a law-plea, to stand on a ceremony, maybe ye’ll find some mair pleasant place than this room, an ye were to tak the pains to gang to the outside o’ my door; and I’ll send, through the instrumentality o’ a man o’ business, twa lines anent that bit sma’ matter for bed, board, and washing due to me for and frae that time, when, ye ken, Mr. Milrookit, ye had na ae stiver to keep yourself and your wife frae starvation. – So out o’ my house, and daur no longer to pollute my presence, ye partan-handit, grip-and-haud smiddy-vice Mammon o’ unrighteousness.’

After this gentle hint, as the Leddy afterwards called it, Milrookit and Robina hastily obeyed her commands, and returned to their carriage; but before driving home, he thought it necessary, under the menace he had received, to take the advice of his lawyer, Mr. Pitwinnoch. Some trifling affairs, however, prevented him from driving immediately to his office, and the consequence was, that the Leddy, who never allowed the grass to grow in her path, was there before him.

CHAPTER XCII

‘Mr. Pitwinnoch,’ said the Leddy, on being shown into what she called ‘the bottomless pit o’ his consulting-room,’ where he wrote alone, – ‘ye’ll be surprised to see me, and troth ye may think it’s no sma’ instancy that has brought me sae far afield the day; for I hae been sic a lamiter with the rheumateese, that, for a’ the last week, I was little better than a nymph o’ anguish; my banes were as sair as if I had been brayed in a mortar, and shot into Spain. But ye maun know and understand, that I hae a notion to try my luck and fortune in the rowley-powley o’ a law-plea.’

‘Indeed!’ said the lawyer. ‘What has happened?’

‘Aye! Mr. Pitwinnoch, ye may weel speer; but my twa ungrateful grandchildren, that I did sae muckle for at their marriage, hae used me waur than I were a Papistical Jew o’ Jericho. I just, in my civil and discreet manner, was gi’en them a delicate memento mori concerning their unsettled count for bed, board, and washing; when up got Milrookit, as if he would hae flown out at the broad side o’ the house, and threepit that he didna owe me the tenth part o’ half a farthing; and threatened to tak me afore the Lords for a Canaanitish woman, and an extortioner. – Noo, don’t you think that’s a nice point, as my worthy father used to say, and music to the ears of a’ the Fifteen at Embrough?’

‘Mr. Milrookit, surely,’ said the lawyer, ‘can never resist so just a demand. How much is it?’

‘But, first and forwards,’ replied the Leddy, ‘before we come to the condescendence, I should state the case; and, Mr. Pitwinnoch, ye maun understand that I hae some knowledge o’ what pertains to law, for my father was most extraordinare at it; and so I need not tell you, that it’s weel for me the day to know what I know. For Milrookit, as I was saying, having refused, point-blank, Mr. Pitwinnoch, to implement the ’nuity of fifty pounds per annus, that your client – (that’s a legal word, Mr. Pitwinnoch) – that your client settled on my gude-dochter, I told him he would – then and there refusing – be bound over to pay me for the bed, board, and washing. And what would ye think, Mr. Pitwinnoch? he responded, with a justly due, – but I’ll due him; and though, had he been calm and well-bred, I might have put up with ten pounds; yet, seeing what a ramping lion he made himsel, I’ll no faik a farthing o’ a thousand, which, at merchants’ interest, will enable me to pay the ’nuity. So, when we get it, ye’ll hae to find me somebody willing to borrow on an heritable bond.’

‘I think you can hardly expect so much as a thousand pounds. If I recollect rightly, Mr. and Mrs. Milrookit stayed but six weeks with you,’ said the lawyer.

‘Time,’ replied the Leddy, ‘ye ken, as I hae often heard my father say, was no item in law; and unless there’s a statute of vagrancy in the Decisions, or the Raging Magistratom, there can be no doot that I hae’t in my power to put what value I please on my house, servitude, and expense, which is the strong ground of the case. Therefore, you will write a letter forthwith to Mr. Milrookit of Kittlestonheugh, charging him with a lawful debt, and a’ justly due to me, of one thousand pounds, without condescending on particulars at present, as the damages can be afterwards assessed, when we hae gotten payment of the principal, which everybody must allow is a most liberal offer on my part.’

It was with some difficulty that Mr. Pitwinnoch could preserve himself in a proper state of solemnity to listen to the instructions of his client; but what lawyer would laugh, even in his own ‘bottomless pit’? However, he said, —

‘Undoubtedly, Mrs. Walkinshaw, you have a good ground of action; but, perhaps, I may be able to effect an amicable arrangement, if you would submit the business to arbitration.’

‘Arbitration, Mr. Pitwinnoch!’ exclaimed the Leddy; ‘never propound such a thing to me; for often hae I heard my father say, that arbitration was the greatest cut-throat of legal proceedings that had been devised since the discovery of justice at Amalphi. Na, na – I hae mair sense than to virdict my case wi’ any sic pannelling as arbitration. So, law being my only remeid, I hope ye’ll leave no stone unturned till you hae brought Mr. Milrookit’s nose to the grindstone; and to help you to haud it there, I hae brought a five pound note as hansel for good luck, – this being the first traffic in legalities that I hae had on my own bottom; for, in the concos mentos o’ Watty, my son, ye ken I was keepit back, in order to be brought forward as a witness; but there is no need o’ ony decreet o’ court for such an interlocutor on the present occasion.’

The Leddy having, in this clear and learned manner, delivered her instructions, she left the office, and soon after Milrookit was also shown into ‘the bottomless pit,’ where he gave an account of the transaction, somewhat different, but, perhaps, no nearer the truth. He was, however, not a little surprised to find the pursuer had been there before him, and that she had instructed proceedings. But what struck him with the greatest consternation was a suggestion from Mr. Pitwinnoch to compromise the matter.

‘Take my advice, Mr. Milrookit,’ said he, ‘and settle this quietly – there is no saying what a law-suit may lead to; and, considering the circumstances under which you hold the estate, don’t stir, lest the sleeping dog awake. Let us pacify the old Leddy with two or three hundred pounds.’

‘Two or three hundred pounds, for six weeks of starvation! The thing, Mr. Pitwinnoch, is ridiculous.’

‘True, sir,’ replied the lawyer; ‘but then the state of the Entail – you should consider that. Be thankful if she will take a couple of hundreds.’

‘Nay, if you counsel me to do that, I have no alternative, and must submit.’

‘You will do wisely in at once agreeing,’ said Pitwinnoch; and, after some further conversation to the same effect, Milrookit gave a cheque for two hundred pounds, and retired grumbling.

The lawyer, rejoicing in so speedy and fortunate a settlement, as soon as he left the office, went to the Leddy, exulting in his address.

‘Twa hundred pounds!’ said she, – ‘but the fifth part o’ my thousand! I’ll ne’er tak ony sic payment. Ye’ll carry it back to Mr. Milrookit, and tell him I’ll no faik a plack o’ my just debt; and what’s mair, if he does na pay me the whole tot down at once, he shall be put to the horn without a moment’s delay.’

‘I assure you,’ replied the lawyer, ‘that this is a result far beyond hope – you ought not for a moment to make a word about it; for you must be quite aware that he owes you no such sum as this. You said yourself that ten pounds would have satisfied you.’

‘And so it would – but that was before I gaed to law wi’ him,’ cried the Leddy; ‘but seeing now how I hae the rights o’ the plea, I’ll hae my thousand pounds if the hide be on his snout. Whatna better proof could ye hae o’ the justice o’ my demand, than that he should hae come down in terror at once wi’ two hundred pounds? I hae known my father law for seven years, and even when he won, he had money to pay out of his own pocket – so, wi’ sic eres o’ victory as ye hae gotten, I would be waur than mad no to stand out. Just gang till him, and come na back to me without the thousand pound – every farthing, Mr. Pitwinnoch – and your own costs besides; or, if ye dinna, maybe I’ll get another man o’ business that will do my turn better – for, in an extremity like a lawsuit, folk maunna stand on friendships. Had Mr. Keelevin been noo to the fore, I wouldna needed to be put to my peremptors; but, honest man, he’s gone. Howsever, there’s one Thomas Whitteret, that was his clerk when my friend that’s awa’ made his deed o’ settlement – and I hae heard he has a nerve o’ ability; so, if ye bring na me the thousand pounds this very afternoon, I’ll apply to him to be my agent.’

Mr. Pitwinnoch said not a word to this, but left the house, and, running to the Black Bull Inn, ordered a post-chaise, and was at Kittlestonheugh almost as soon as his client. A short conversation settled the business – the very name of Thomas Whitteret, an old clerk of Keelevin, and probably acquainted with the whole affair, was worth five thousand pounds, and, in consequence, in much less time than the Leddy expected, she did receive full payment of her thousand pounds; but, instead of expressing any pleasure at her success, she regretted that she should have made a charge of such moderation, being persuaded, that, had she stood out, the law would have given her double the money.

CHAPTER XCIII

Mr. Pitwinnoch was instructed to lay out the money at five per cent. interest to pay Mrs. Charles the annuity; and one of his clerks mentioned the circumstance to a companion in Mr. Whitteret’s office. This led to an application from him for the loan, on account of a country gentleman in the neighbourhood, who, having obtained a considerable increase of his rental, was intending to enlarge his mansion, and extend his style of living, – a very common thing at that period, the effects of which are beginning to show themselves, – but, as the Leddy said on another occasion, that’s none of our concern at present.

The security offered being unexceptionable, an arrangement was speedily concluded, and an heritable bond for the amount prepared. As the party borrowing the money lived at some distance from the town, Mr. Whitteret sent one of his young men to get it signed, and to deliver it to the Leddy. It happened that the youth employed in this business was a little acquainted with the Leddy, and knowing her whimsical humour, when he carried it home he stopped, and fell into conversation with her about Walkinshaw, whom he knew.

‘I maun gar his mother write to him,’ said the Leddy, ‘to tell him what a victory I hae gotten; – for ye maun ken, Willy Keckle, that I hae overcome principalities and powers in this controversy. – Wha ever heard o’ thousands o’ pounds gotten for sax weeks’ bed, board, and washing, like mine? But it was a rightous judgement on the Nabal Milrookit, – whom I’ll never speak to again in this world, and no in the next either, I doot, unless he mends his manners. He made an absolute refuse to gie a continuality o’ Jamie’s mother’s ’nuity, which was the because o’ my going to law with him for a thousand pounds, value received in bed, board, and washing, for six weeks. – And the case, Willy, – you that’s breeding for a limb o’ the law, – ye should ken, was sic an absolute fact, that he was obligated by a judicature to pay me down the money.’

Willy Keckle was so amused with her account of the speedy justice which she had obtained, as she said, by instructing Mr. Pitwinnoch herself of the ‘nice point,’ and ‘the strong ground,’ that he could not refrain from relating the conversation to his master.

Mr. Whitteret was diverted with the story; but it seemed so strange and unaccountable, that the amount of the demand, and the readiness with which it was paid, dwelt on his mind as extraordinary circumstances; and he having occasion next day to go into Edinburgh, where Mr. Frazer had returned from Glengael, to attend his professional duties, he happened to be invited to dine with a party where that gentleman was, and the company consisting chiefly of lawyers, – as dinner parties unfortunately are in the modern Athens, – he amused them with the story of the Leddy’s legal knowledge.

Glengael, from the interest which he took in his young friend, Walkinshaw, whom he had left at the castle, was led to inquire somewhat particularly into the history of the Kittlestonheugh family, expressing his surprise and suspicion, in common with the rest of the company, as to the motives which could have influenced a person of Milrookit’s character to comply so readily with a demand so preposterous.

One thing led on to another, and Mr. Whitteret recollected something of the deed which had been prepared when he was in Mr. Keelevin’s office, and how old Grippy died before it was executed. The object of this deed was then discussed, and the idea presenting itself to the mind of Glengael, that, possibly, it might have some connection with the Entail, inquired more particularly respecting the terms of that very extraordinary settlement, expressing his astonishment that it should not have contained a clause to oblige the person marrying the heiress to take the name of Walkinshaw, to which the old man, by all accounts, had been so much attached. The whole affair, the more it was considered, seemed the more mysterious; and the conclusion in the penetrating mind of Mr. Frazer was, that Milrookit had undoubtedly some strong reason for so quietly hushing the old Leddy’s claim.

His opinion at the moment was, that Robina’s father had left a will, making some liberal provision for his sister-in-law’s family; and that Milrookit was anxious to stand on such terms with his connections, as would prevent any of them, now that Walkinshaw had left Glasgow, from inquiring too anxiously into the state of his father-in-law’s affairs. But, without expressing what was passing in his mind, he so managed the conversation as to draw out the several opinions of his legal brethren. Some of them coincided with his own. There was, however, one old pawkie and shrewd writer to the signet present, who remained silent, but whom Mr. Frazer observed attending with an uncommon degree of earnest and eager watchfulness to what was said, practising, in fact, nearly the same sort of policy which prompted himself to lead the conversation.

Mr. Pilledge, – for so this W. S. was called – had acquired a considerable fortune and reputation in the Parliament House, by the address with which he discovered dormant rights and legal heirs; and Mr. Frazer had no doubt, from the evident interest which he had taken in the Kittlestonheugh story, that he would soon take some steps to ascertain the real motives which had led Milrookit to act in the Leddy’s case so inconsistently with his general character. In so far he was, therefore, not displeased to observe his earnestness; but he had often heard it said, that Mr. Pilledge was in the practice of making bargains with those clients whose dormant rights he undertook to establish, by which it was insinuated that he had chiefly built up his fortune – his general practice being very limited; and Mr. Frazer resolved to watch his movements, in order to protect his young friend.

This opinion of Pilledge was not unfounded; for the same evening, after the party broke up, he accompanied Whitteret to the hotel where he stayed, and, in the course of the walk, renewed the conversation respecting the singular entail of old Grippy. The Glasgow lawyer was shrewd enough to perceive, that such unusual interest in a case where he had no concern could not be dictated by the mere wonder and curiosity which the Writer to the Signet affected to express; but, being unacquainted with the general character of Pilledge, he ascribed his questions and conjectures to the effect of professional feelings perplexed by a remarkable case.

But it happened next morning that he had occasion to attend a consultation with Mr. Frazer, who, taking an opportunity to revert to the subject, which had so occupied their attention on the preceding afternoon, gave him a hint to be on his guard with respect to Pilledge, suggesting, on Walkinshaw’s account, that Whitteret might find it of advantage to himself, could he really ascertain the secret reasons and motives by which the possessor of the Kittlestonheugh estate was actuated.

‘It would not give you much trouble,’ said he, ‘were you to step into the Register Office, and look at the terms of the original deed of entail; for although the disinheritance of the eldest son, as I have always understood, was final, there may be some flaw in the succession with respect to the daughter.’

This extrajudicial advice was not lost. As soon as the consultation was over, Whitteret went to the Register Office, where, not a little to his surprise, he found Pilledge, as Frazer had suspected, already in the act of reading the registered deed of the entail. A short conversation then ensued, in which Whitteret intimated that he had also come for the same purpose.

‘Then,’ said Pilledge, ‘let us go together, for it appears to me that the heirs-female of the sons do not succeed before the heirs whatsoever of the daughters; and Milrookit’s right would be preferable to that of his wife, if the eldest son has not left a son.’

‘But the eldest son has left a son,’ replied Whitteret.

‘In that case,’ said Pilledge, ‘we may make a good thing of it with him. I’ll propose to him to undertake his claim upon an agreement for half the rent, in the event of success, and we can divide the bakes.’

‘You may save yourself the trouble,’ replied Whitteret coolly; ‘for I shall write to him by the first post – in the meantime, Mr. Frazer has authorized me to act.’

‘Frazer! how can he authorize you?’ said Pilledge, discontentedly.

‘He knows that best himself; but the right of the son of the eldest son is so clear, that there will be no room for any proceedings.’

‘You are mistaken there,’ replied Pilledge, eagerly. ‘I never saw a deed yet that I could not drive a horse and cart through, and I should think that Milrookit is not such a fool as to part with the estate without a struggle. But since you are agent for the heir of entail, I will offer to conduct the respondent’s case. I think you said he is rich, independent of the heritable subject.’

This conscientious conversation was abruptly terminated on the part of Whitteret, who immediately went to Mr. Frazer, and communicated the important discovery which had been made, with respect to Walkinshaw being the heir of entail. He also mentioned something of what had passed with Mr. Pilledge, expressing his apprehensions, from what he knew of Pitwinnoch, Milrookit’s man of business, in Glasgow, that Pilledge, with his assistance, might involve the heir in expensive litigation.

Mr. Frazer knew enough of the metaphysical ingenuity of the Parliament House, to be aware that, however clear and evident any right might be, it was never beyond the possibility of dispute there, and he immediately suggested that some steps should be taken, to induce Milrookit at once to resign the possession of the property; but, while they were thus speaking Pilledge was already on the road to Glasgow, to apprise Milrookit of what was impending, and to counsel him to resist.