Meantime we waited expectant, and in uncertainty. It was possible that the pretended husband would withdraw his claims and that nothing more would be heard of him. It was possible, I say, if we supposed the pretender capable of honour, shame, or of pride, that he would say, in so many words: "You deny the marriage; very well, I will not claim a wife who says that she is no wife." It was, however, far more probable that he would claim his wife and exercise his rights over her property. What should then be done? The subject exercised the "Society" greatly; every evening the situation was considered from all possible points of view, and always as to the best manner of protecting Molly. It was at this time that the vicar wrote out the statement which he afterwards laid before counsel in London in order to obtain an opinion on its legal aspect. The case drawn up by him was as follows: 1. There was a betrothal between the two parties A. (standing for Lord Fylingdale) and B. (standing for Molly). 2. It is not denied that a private marriage had been agreed upon by both parties. 3. The marriage was to take place on a certain morning at the time of six at a certain church. B. undertook to wear a certain pink silk cloak with a hood drawn over her head, and a domino to conceal her face, so that the people of the town should not recognise her and crowd into the church. 4. At the appointed hour of six A. presented himself at the church. 5. At the same hour a woman also presented herself dressed as had been arranged, wearing a domino to prevent recognition in the street, and a cloak of pink silk with a hood. 6. The marriage ceremony was performed by a clergyman in due form and on the production of a licence by A. 7. The marriage was duly entered in the register and signed, the woman signing in the name of B. 8. There was present at the wedding, besides the clergyman, the parish clerk, who gave away the bride, read the responses, and signed as witness. 9. Part of the ceremony, including the essential words, was witnessed by one John Pentecrosse, mate of The Lady of Lynn. 10. Since A. had no reason to suppose that B. would not keep her promise, it would seem impossible for him to have found at the last moment some other woman to personate B. This was the case for A., put as strongly and as plainly as possible. I confess that when I read it I was staggered by the case—especially that of the last clause. Certainly, as I had not delivered Molly's letter, A. had no reason for supposing that B. would fail to keep her promise, and therefore no reason for suborning some other woman into a conspiracy. However, then followed Molly's case. 1. She had accepted A.'s offer of marriage. 2. She had promised to meet A. at 6 A.M. 3. She had received the evening before this promise was to be kept information which represented A. in a light that made it impossible for a virtuous woman to marry him. 4. This information was embodied in three letters addressed respectively to the vicar, to the schoolmaster and to Captain Crowle. They can be produced on evidence. 5. On receipt of this information she wrote a letter to A. stating that she must have full explanation as to the charges brought against him before proceeding further in the business. 6. This letter was not delivered, the bearer having his mind full of other points connected with the affair. 7. At half-past five B. left her room and joined her mother in certain household work. Nor did she leave her mother during the morning. This fact is attested by the mother and a certain black woman, B.'s servant. 8. The only way out of the house into the street is by the garden. Captain Crowle was walking in the garden from half-past five till seven and saw no one leave the house. 9. At seven or thereabouts the musicians, with the butchers, arrived to congratulate the bride, and were sent away by Captain Crowle. 10. Later on, A.'s secretary arrived with a message from A. He was informed by B. that no marriage had taken place. 11. Captain Crowle then waited on A. and demanded explanation. He received answer that having married the lady, A. was not called upon to give any explanations. 12. In the evening, before the whole company at the assembly, the vicar charged A. with many acts unworthy of a man of honour, and, among other things, with having conspired with a woman unknown to personate B., and to set up the pretence of a marriage. Opinion was asked as to the position of B. Would she be considered in the eyes of the law as a married woman? Had A. any rights over her or over her property? Could she marry another man? What steps should she take to protect herself and her property? Observe, that unless B. could be declared not to be the wife of A. she could not alienate, give away, or part with any of her property; she could not marry; she was doomed to be a wife at the mercy of a man more pitiless than a tiger, yet not a wife, for she would die rather than marry him. She must wait until heaven should take pity upon her and despatch this man. Such men, it is observed, do never live long, but they may live long enough to inflict irreparable mischief upon their unfortunate victims. Molly read the case thus drawn up very carefully. "My only trust," she said, "is in the evidence of mother and Nigra. I confess that I cannot understand how, without knowing that I should fail, he could possibly procure that woman to personate me. Has he the power of working miracles?" "There is no miracle here," I said, "except the miracle of wickedness greater than would be thought possible. Patience, Molly! Sooner or later we shall find it out." "It will be later, I fear." "There are three at least in the plot. The clerk has been deceived; Sam Semple has not been consulted. These are the three—Lord Fylingdale, the parson, who is, doubtless, well paid for his villainy, and the woman, whoever she may be. We shall find out the truth through the woman." "Since his marriage would give him the command of my property, Jack, and since he was ruined, why does he make no sign?" This was a week or two after the event. I suppose that Lord Fylingdale was making himself assured as to the strength of his position and his rights. However, we were not to wait very long. "I am of opinion," said the vicar, after many discussions on the case thus drawn out, "that we should lay the facts before some counsel learned in the law, and ascertain our position. If we are to contest the claim in court, we have, at least, the money to spend upon it." "We will spend," said the captain, "our last penny upon it." He meant the last penny of his ward's fortune, in which, as you will hear, he was quite wrong, because he had now no power to spend any of it. It was, therefore, determined that the vicar should undertake the journey to London; that my father should accompany him; that they should not only obtain the advice and opinion of a lawyer, but that they should ascertain, through the bookseller, my father's cousin, or any other person, what they could concerning the private life of his lordship. "There is no saying what we may discover," said the vicar. "How, if there is another wife still living? Even a noble lord cannot have two wives at the same time." It seems strange that one must make greater preparations for a journey to London by land than a voyage to Lisbon by sea. As regards the latter, my kit is put together in an hour or two, and I am then ready to embark. But as regards the former, these two travellers first considered the easiest way; then the cost of the journey, and that of their stay in London; then the departure of others, so as to form a company against highway robbers; they then arranged for the halting and resting-places; hired their horses, for they were to ride all the way; engaged a servant; made their wills, and so at last were ready to begin the journey. Their company consisted of two or three riders to merchants of London, who travel all over the country visiting the shop-keepers in the interests of their masters. They are excellent fellow-travellers, being accustomed to the road, having no fear of highwaymen, knowing the proper charges that should be made at the roadside inns, and knowing, as well, what each house can be best trusted to provide, the home brewed ale being good at one house, and the wine at another—and so forth. They reckoned five days for the journey if the weather continued fine—it was then July, and the height of summer. The vicar thought that perhaps a week or ten days would suffice for their business in town, and therefore we might expect them back in three weeks. Captain Crowle would have gone with them, but was fearful of losing his ward. For the first time in his life he barred and bolted his doors at night, and if he went abroad he left his house in the custody of his gardener, a stout country lad who would make a sturdy fight in case of any attempt at violence. But violence was not a weapon which was in favour with his lordship. And if it had been, the whole town would have risen in defence of Molly. For three weeks, therefore, we waited. I, for my part, in greater anxiety than the rest, because my ship had now received her cargo, and I feared that we should have to weigh anchor and slip down the river before the return of our messengers. And at this time when we knew not what would happen or what we should do many wild schemes came into my head. We would carry the girl away; we would foreclose her mortgages, sell her lands, and carry her fortune with her; we would sail in one of her own ships across the Atlantic and make a new home for her in the American colonies. However, in the end we had, as you shall learn, to accept misfortune and to resign ourselves to what promised to be a lifelong penalty inflicted for no sins of Molly's—who was as free from sin as any woman, not a saint, can hope to be—but by the wickedness of a man whose life and ways were far removed from Molly, and might have been supposed to be incapable of afflicting her in any way. Our friends, therefore, started on their journey, arriving in due time at London, when they began their business without delay. Briefly, they were recommended to a very learned counsel, old, and in great practice, whose opinions were more highly valued than those perhaps of any other lawyer. He was avaricious, and it was necessary to pay him a very handsome fee before he would consider the case. When he accepted the fee he gave it his most careful consideration. His opinion was as follows: "The fact that there was a marriage between A. and some woman—B. or another—is undoubted. The evidence of the parish clerk may be set aside except to prove this fact, because it does not appear that the bride removed her domino. It might, however, become a part of B.'s case that the clergyman did not witness the removal of the domino. What the clerk saw was a woman dressed in a pink silk cloak with a hood over her head, and a domino concealing her face, who signed the name of Mary Miller. For the same reason the evidence of John Pentecrosse rests only on the dress of the bride, and may therefore be taken as worth that and no more. "At the same time the dress of the bride is important. A. had no intimation of B.'s refusal to keep her promise. At six o'clock, as is allowed, he presented himself. If B. was not there, how should he be able, at a moment's notice, to procure a woman to personate her, wearing a cloak of the same colour as B.'s, and ready to sign her name falsely? The theory is impossible, for it demands a whole chain of fortuitous occurrences and coincidences, as that A. should find a woman of abandoned character accidentally near the church, ready to commit this crime, dressed as B. was expected to dress, and considered worthy of trust with so great a secret. On the other hand we have evidences of an apparently conclusive kind. B.'s guardian, who was taking the morning air in his garden, says positively that no one left the house. B.'s mother and her black servant declare that B. was in the kitchen with them all the morning. This, I say, seems at first conclusive. But the court would probably hold that a mother's evidence is likely to be in the supposed interests of her child, while a negress would be expected, if she were attached to her mistress, to give any evidence that she thought likely to be of service or was directed to give. "The case is remarkable, and, so far as I know, without precedent. It is supported on either side by flat assertions which are either true or deliberate perjuries. As regards the bad character of A., I think it would have very little weight. Setting aside, that is, his evil reputation, which might perhaps taint his evidence, and also setting aside the partiality of a mother, which might also, perhaps, taint her evidence, we have the broad and simple facts that A. had no warning of B.'s intention to keep away; that he presented himself according to arrangement; that he was met by a woman dressed exactly as had been arranged with B.; that they were married; and that the register was signed by the woman in the name of B. "I am of opinion, therefore, that if this case is brought into court there will be pleadings on either side of great interest, and that the court will decide in favour of A.; that if the case goes up for appeal it will again be decided in favour of A.; and that if the case were taken up to the lords that court would also decide in favour of A. "If action is taken it must be at the cost and charge of the guardian, because the lady's property, in default of settlements, would, in the event which I think probable, fall into the hands of A. thus adjudged to be her husband. "I advise, therefore, that submission be made to A.; that even though B. continues to deny the marriage, A. shall be invited to make her a suitable provision and shall undertake not to molest her or to compel her to leave her guardian and to live with him." With this opinion to guide him, the vicar wrote to Lord Fylingdale asking for an interview. He was received with a show of cold politeness. "You have given me reason, sir, to remember your face. However, I pass over the injuries which you allowed yourself to utter. You are come, I presume, in the name of my unfortunate wife, who, for some reason unknown to me, denies her own marriage. Well, sir, your message?" "My message, my lord, is briefly this. We have taken counsel's opinion on this business." "So have I." "It is, on the whole, to the effect that if we dispute your lordship's claims we shall probably lose." "My own counsel is also of that opinion." "For my own part I shall advise my friends to accept what seems impossible to deny." "You will do well. I shall be pleased, I confess, to see the business settled without taking it into court." "I should like, if possible, to carry home with me some concessions of your lordship in response to this submission." "What concessions? It seems to me that the countess has no right to insist upon any concession. The whole of her property, as you know, is my own." "I fear that is the case." "I shall probably make certain changes in the administration of the property, now my property. I shall relieve the worthy captain of its control. As regards any other point you must acknowledge that you have treated me with insults intolerable; you are not in a position to make terms. But what do you ask?" "First, freedom from personal molestation." "That is granted at once. You may tell the countess that on no consideration will I see her, nor shall I exercise any marital rights. When she consents to confess her falsehood, and to ask pardon for her offences, I may perhaps extend my personal protection, not otherwise." "As for her allowance—her maintenance?" "Your reverence is not serious. She says that she is not my wife. The law says, or, is prepared to say, that she is. By the law I am compelled to maintain her. Let her, therefore, invoke the intervention of the law. To procure this she will have to confess her many perjuries. Till then, nothing. Do you understand, sir? Nothing." |