CHAPTER XXXVIII.

Die and endow a college or a cat

Pope

There is a fable told by Lucian, that while a troop of monkeys,

well drilled by an intelligent manager, were performing a tragedy

with great applause, the decorum of the whole scene was at once

destroyed, and the natural passions of the actors called forth into

very indecent and active emulation, by a wag who threw a handful of

nuts upon the stage. In like manner, the approaching crisis

stirred up among the expectants feelings of a nature very different

from those, of which, under the superintendence of Mr. Mortcloke,

they had but now been endeavouring to imitate the expression. Those

eyes which were lately devoutly cast up to heaven, or with greater

humility bent solemnly upon earth, were now sharply and alertly

darting their glances through shuttles, and trunks, and drawers,

and cabinets, and all the odd corners of an old maiden lady's

repositories. Nor was their search without interest, though they

did not find the will of which they were in quest.

Here was a promissory note for 20L by the minister of the nonjuring

chapel. interest marked as paid to Martinmas last, carefully

folded up in a new set of words to the old tune of "Over the Water

to Charlie".--there, was a curious love correspondence between the

deceased and a certain Lieutenant O'Kean of a marching regiment of

foot; and tied up with the letters was a document, which at once

explained to the relatives why a connection that boded them little

good had been suddenly broken off, being the Lieutenant's bond for

two hundred pounds upon which no interest whatever appeared to have

been paid. Other bills and bonds to a larger amount, and signed by

better names (I mean commercially) than those of the worthy divine

and gallant soldier, also occurred in the course of their

researches, besides a hoard of coins of every size and

denomination, and scraps of broken gold and silver, old earrings,

hinges of cracked snuff-boxes, mounting of spectacles, etc., etc.,

etc. Still no will made its appearance, and Colonel Mannering

began full well to hope that the settlement which he had obtained

from Glossin contained the ultimate arrangement of the old lady's

affairs. But his friend Pleydell, who now came into the room,

cautioned him against entertaining this belief.

"I am well acquainted with the gentleman," he said, "who is

conducting the search, and I guess from his manner that he knows

something more of the matter than any of us." Meantime, while the

search proceeds, let us take a brief glance at one or two of the

company, who seem most interested.

Of Dinmont, who, with his large hunting-whip under his arm, stood

poking his great round face over the shoulder of the homme

d'affaires, it is unnecessary to say anything. That thin-looking

oldish person, in a most correct and gentleman-like suit of

mourning is Mac-Casquil, formerly of Drumquag, who was ruined by

having a legacy bequeathed to him of two shares in the Ayr bank.

His hopes on the present occasion are founded on a very distant

relationship, upon his sitting in the same pew with the deceased

every Sunday, and upon his playing at cribbage with her regularly

on the Saturday evenings--taking great care never to come off a

winner. That other coarse-looking man, wearing his own greasy hair

tied in a leathern cue more greasy still, is a tobacconist, a

relation of Mrs. Bertram's mother, who, having a good stock in

trade when the colonial war broke out, trebled the price of his

commodity to all the world, Mrs. Bertram alone excepted, whose

tortoiseshell snuff-box was weekly filled with the best rappee at

the old prices, because the maid brought it to the shop with Mrs.

Bertram's respects to her cousin Mr. Quid. That young fellow, who

has not had the decency to put off his boots and buckskins, might

have stood as forward as most of them in the graces of the old

lady, who loved to look upon a comely young man; but it is thought

he has forfeited the moment of fortune, by sometimes neglecting her

tea-table when solemnly invited; sometimes appearing there, when he

had been dining with blither company; twice treading upon her cat's

tail, and once affronting her parrot.

To Mannering, the most interesting of the group was the poor girl,

who had been a sort of humble companion of the deceased, as a

subject upon whom she could at all times expectorate her bad

humour. She was for form's sake dragged into the room by the

deceased's favourite female attendant, where, shrinking into a

corner as soon as possible, she saw with wonder and affright the

intrusive researches of the strangers amongst those recesses to

which from childhood she had looked with awful veneration. This

girl was regarded with an unfavourable eye by, all the competitors,

honest Dinmont only excepted; the rest conceived they should find

in her a formidable competitor, whose claims might at least

encumber and diminish their chance of succession. Yet she was the

only person present who seemed really to feel sorrow for the

deceased. Mrs. Bertram had been her protectress, although from

selfish motives, and her capricious tyranny was forgotten at the

moment while the tears followed each other fast down the cheeks of

her frightened and friendless dependant. "There's ower muckle saut

water there, Drumquag," said the tobacconist to the ex-proprietor,

"to bode ither folk muckle gude. Folk seldom greet that gate but

they ken what it's for. Mr. MacCasquil only replied with a nod,

feeling the propriety of asserting his superior gentry in presence

of Mr. Pleydell and Colonel Mannering.

"Very queer if there suld be nae will after a', friend," said

Dinmont, who began to grow impatient, to the man of business.

"A moment's patience, it you please--she was a good and prudent

woman, Mrs. Margaret Bertram--a good, and prudent and well-judging

woman, and knew how to choose friends and depositories--she may

have put her last will and testament, or rather her mortis causa

settlement, as it relates to heritage, into the hands of some safe

friend."

"I'll bet a rump and dozen," said Pleydell, whispering to the

Colonel, "he has got it in his own pocket;"--then addressing the

man of law, "Come, sir, we'll cut this short if you please-here is

a settlement of the estate of Singleside, executed several years

ago, in favour of Miss Lucy Bertram of Ellangowan--"The company

stared fearfully wild. "You, I presume, Mr. Protocol, can inform

us if there is a later deed?"

"Please to favour me, Mr. Pleydell;"--and so saying, he took the

deed out of the learned counsel's hand, and glanced his eve over

the contents.

"Too cool," said Pleydell, "too cool by half--he has another deed

in his pocket still."

"Why does he not show it then, and be d-d to him!" said the

military gentleman, whose patience began to wax threadbare.

"Why, how should I know?" answered the barrister,--"why does a cat

not kill a mouse when she takes him?--the consciousness of power

and the love of teasing, I suppose. --Well, Mr. Protocol, what

say you to that deed?"

"Why, Mr. Pleydell, the deed is a well-drawn deed, properly

authenticated and tested in forms of the statute."

"But recalled or superseded by another of posterior date in your

possession, eh?" said the counsellor.

"Something of the sort, I confess, Mr. Pleydell," rejoined the man

of business, producing a bundle tied with tape, and sealed at each

fold and ligation with black wax. "That deed, Mr. Pleydell, which

you produce and found upon, is dated 1st June 17--; but

this"--breaking the seals and unfolding the document slowly--"is

dated the 20th--no, I see it is the 21st, of April of this present

year, being ten years posterior."

"Marry, hang her, brock!" said the counsellor, borrowing an

exclamation from Sir Toby Belch, "just the month in which

Ellangowan's distresses became generally public. But let us hear

what she has done."

Mr. Protocol accordingly, having required silence, began to read

the settlement aloud in a slow, steady, business--like tone. The

group around, in whose eyes hope alternately awakened and faded,

and who were straining their apprehensions to get at the drift of

the testator's meaning through the mist of technical language in

which the conveyance had involved it, might have made a study for

Hogarth.

The deed was of an unexpected nature. It set forth with conveying

and disposing all and whole the estate and lands of Singleside and

others, with the lands of Loverless, Liealone, Spinster's Knowe,

and heaven knows what beside, "to and in favours of (here the

reader softened his voice to a gentle and modest piano) Peter

Protocol, clerk to the signet, having the fullest confidence in his

capacity and integrity--(these are the very words which my worthy

deceased friend insisted upon my inserting)--But in TRUST always"

(here the reader recovered his voice and style, and the visages of

several of the bearers, which had attained a longitude that Mr.

Mortcloke might have envied, were perceptibly shortened), "in TRUST

always, and for the uses, ends, and purposes herein

after-mentioned."

In these "uses, ends, and purposes," lay the cream of the affair.

The first was introduced by a preamble setting forth, that the

testatrix was lineally descended from the ancient house of

Ellangowan, her respected great-grandfather, Andrew Bertram, first

of Singleside, of happy memory, having been second son to Allan

Bertram, fifteenth Baron of Ellangowan. It proceeded to state,

that Henry Bertram, son and heir of Godfrey Bertram, now of

Ellangowan, had been stolen from his parents in infancy, but that

she, the testatrix, was well assured that he was yet alive in

foreign parts, and by the providence of heaven would be restored to

the possessions of his ancestors--in which case the said Peter

Protocol was bound and obliged, like as he bound and obliged

himself, by acceptance of these presents, to denude himself of the

said lands of Singleside and others, and of all the other effects

thereby conveyed (excepting always a proper gratification for his

own trouble) to and in favour of the said Henry Bertram upon his

return to his native country. And during the time of his residing

in foreign parts, or in case of his never again returning to

Scotland, Mr. Peter Protocol, the trustee, was directed to

distribute the rents of the land, and the interest of the other

funds (deducting always a proper gratification for his trouble in

the premises), in equal portions, among four charitable

establishments pointed out in the will. The power of management,

of letting leases, of raising and lending out money, in short, the

full authority of a proprietor, was vested in this confidential

trustee, and, in the event of, his death, went to certain official

persons named in the deed. There were only two legacies; one of a

hundred pounds to a favourite waiting-maid, another of the like sum

to Janet Gibson (whom the deed stated to have been supported by the

charity of the testatrix) for the purpose of binding her an

apprentice to some honest trade.

A settlement in mortmain is in Scotland termed a mortification, and

in one great borough (Aberdeen, if I remember rightly) there is a

municipal officer who takes care of these public endowments, and is

thence called the Master of Mortifications. One would almost

presume that the term had its origin in the effect which such

settlements usually produce upon the kinsmen of those by whom they

are executed. Heavy at least was the mortification which befell

the audience, who, in the late Mrs. Margaret Bertram's parlour, had

listened to this unexpected destination of the lands of

Singleside. There was a profound silence after the deed had been

read over.

Mr. Pleydell was the first to speak. He begged to look at the

deed, and having satisfied himself that it was correctly drawn and

executed, he returned it without any observation, only saying aside

to Mannering, "Protocol is not worse than other people, I believe;

but this old lady has determined that, if he do not turn rogue, it

shall not be for want of temptation."

"I really think," said Mr. Mac-Casquil of Drumquag, who, having

gulped down one half of his vexation, determined to give vent to

the rest, "I really think this is an extraordinary case! I should

like now to know from Mr. Protocol, who, being sole and unlimited

trustee, must have been consulted upon this occasion; I should

like, I say, to know, how Mrs. Bertram could possibly believe in

the existence of a boy, that a' the world kens was murdered many a

year since?"

"Really, sir," said Mr. Protocol, "I do not conceive it is possible

for me to explain her motives more than she has done herself. Our

excellent deceased friend was a good woman, sir--a pious woman--and

might have grounds for confidence in the boy's safety which are not

accessible to us, sir."

"Hout," said the tobacconist, "I ken very weel what were her

grounds for confidence. There's Mrs. Rebecca (the maid) sitting

there, has tell'd me a hundred times in my ain shop, there was nae

kenning how her leddy wad settle her affairs, for an auld gipsy

witch wife at Gilsland had possessed her with a notion, that the

callant--Harry Bertram ca's she him?--would come alive again some

day after a'--ye'll no deny that, Mrs. Rebecca?--though I dare to

say ye forgot to put your mistress in mind of what ye promised to

say when I gied ye mony a half-crown--But ye'll no deny what I am

saying now, lass?"

"I ken naething at a' about it," answered Rebecca doggedly, and

looking straight forward with the firm countenance of one not

disposed to be compelled to remember more than was agreeable to

her.

"Weel said, Rebecca! ye're satisfied wi' your ain share ony way,"

rejoined the tobacconist.

The buck of the second-head, for a buck of the first-head he was

not, had hitherto been slapping his boots with his switch-whip, and

looking like a spoiled child that has lost its supper. His

murmurs, however, were all vented inwardly, or at most in a

soliloquy such as this--"I am sorry, by G-d, I ever plagued myself

about her--I came here, by G-d, one night to drink tea, and I left

King, and the Duke's rider, Will Hack. They were toasting a round

of running horses; by G-d, I might have got leave to wear the

jacket as well as other folk, if I had carried it on with them--

and she has not so much as left me that hundred!"

"We'll make the payment of the note quite agreeable," said Mr.

Protocol, who had no wish to increase at that moment the odium

attached to his office--"and now, gentlemen, I fancy we have no

more to wait for here, and--I shall put the settlement of my

excellent and worthy friend on record to-morrow, that every

gentleman may examine the contents, and have free access to take an

extract; and"--he proceeded to lock up the repositories of the

deceased with more speed than he had opened them--"Mrs. Rebecca,

ye'll be so kind as to keep all right here until we can let the

house--I had an offer from a tenant this morning, if such a thing

should be, and if I was to have any management."

Our friend Dinmont, having had his hopes as well as another, had

hitherto sat sulky enough in the armchair formerly appropriated to

the deceased, and in which she would have been not a little

scandalised to have seen this colossal specimen of the masculine

gender lolling at length. His employment had been rolling up, into

the form of a coiled snake, the long lash of his horsewhip, and

then by a jerk causing it to unroll itself into the middle of the

floor. The first words he said when he had digested the shock,

contained a magnanimous declaration, which he probably was not

conscious of having uttered aloud--"Weel-blude's thicker than

water--she's welcome to the cheeses and the hams just the same."

But when the trustee had made the above-mentioned motion for the

mourners to depart, and talked of the house being immediately let,

honest Dinmont got upon his feet, and stunned the company with this

blunt question, "And what's to come o' this poor lassie then, Jenny

Gibson? Sae mony o' us as thought oursells sib to the family when

the gear was parting, we may do something for her amang us surely."

This proposal seemed to dispose most of the assembly instantly to

evacuate the premises, although upon Mr. Protcol's motion they had

lingered as if around the grave of their disappointed hopes.

Drumquag said, or rather muttered, something of having a family of

his own, and took precedence, in virtue of his gentle blood, to

depart as fast as possible. The tobacconist sturdily stood

forward, and scouted the motion--"A little huzzie, like that, was

weel eneugh provided for already; and Mr. Protocol at ony rate was

the proper person to take direction of her, as he had charge of her

legacy;" and after uttering such his opinion in a steady and

decisive tone of voice, he also left the place. The buck made a

stupid and brutal attempt at a jest upon Mrs. Bertram's

recommendation that the poor girl should be taught some honest

trade; but encountered a scowl from Colonel Mannering's darkening

eye (to whom, in his ignorance of the tone of good society, he had

looked for applause) that made him ache to the very backbone. He

shuffled downstairs, therefore, as fast as possible.

Protocol, who was really a good sort of man, next expressed his

intention to take a temporary charge of the young lady, under

protest always, that his so doing should be considered as merely

eleemosynary; when Dinmont at length got up, and, having shaken his

huge dreadnought greatcoat, as a Newfoundland dog does his shaggy

hide when he comes out of the water, ejaculated, "Weel, deil hae me

then, if ye hae ony fash [*Trouble] wi' her, Mr. Protocol, if she

likes to gang hame wi' me, that is. Ye see, Ailie and me we're

weel to pass, and we would like the lassies to hae a wee bit mair

lair than oursells, and to be neighbour-like--that wad we. --And

ye see Jenny canna miss but to ken manners, and the like o' reading

books, and sewing seams--having lived sae lang wi' a grand lady

like Lady Singleside; or if she disna ken onything about it, I'm

jealous that our bairns will like her a' the better. And I'll take

care o' the bits o' claes, and what spending siller she maun hae,

so the--hundred pound may rin on in your hands, Mr. Protocol, and

I'll be adding something till't, till she'll maybe get a Liddesdale

joe that wants something to help to buy the hirsel. [*The stock

of sheep]--What d'ye say to that, hinny? I'll take out a ticket for

ye in the fly to Jethart--odd, but ye maun take a powny after that

o'er the Limestane-rig--deil a wheeled carriage ever gaed into

Liddesdale. [*The roads of Liddesdale, in Dandie Dinmont's days,

could not he said to exist, and the district was only accessible

through a succession of tremendous morasses. About thirty years

ago, the author himself was the first person who ever drove a

little open carriage into these wilds: the excellent roads by which

they are now traversed being then in some progress. The people

stared with no small wonder at a sight which many of them had never

witnessed in their lives before. ]--And I'll be very glad if Mrs.

Rebecca comes wi' you, hinny, and stays a month or twa while ye're

stranger like."

While Mrs. Rebecca was curtseying, and endeavouring to make the

poor orphan girl curtsey instead of crying, and while Dandie, in

his rough way, was encouraging them both, old Pleydell had recourse

to his snuff-box. It's meat and drink to me, now, Colonel," he

said, as he recovered himself, "to see a clown like this--I must

gratify him in his own way,--must assist him to ruin

himself--there's no help for it. Here, you

Liddesdale--Dandie--Charlies-hope-what do they call you?"

The farmer turned, infinitely gratified even by this sort of

notice; for in his heart, next to his own landlord, he honoured a

lawyer in high practice.

"So you will not be advised against trying that question about your

marches?"

"No--no, sir--naebody likes to lose their right, and to be laughed

at down the haill water. But since your honour's no agreeable, and

is maybe a friend to the other side like, we maun try some other

advocate."

"There--I told you so, Colonel Mannering!--Well, sir, if you must

needs be a fool, the business is to give you the luxury of a

lawsuit at the least possible expense, and to bring you off

conqueror if possible. Let Mr. Protocol send me your papers, and I

will advise him how to conduct your cause. I don't see, after all,

why you should not have your lawsuits too, and your feuds in the

Court of Session, as well as your forefathers had their

manslaughters and fire-raisings."

"Very natural, to be sure, sir. We wad just take the auld gate as

readily, if it werena for the law. And as the law binds us, the

law should loose us. Besides, a, man's aye the better thought o'

in out country for having been afore the Feifteen."

"Excellently argued, my friend! Away with you, and send your papers

to me.--Come, Colonel, we have no more to do here."

"God, we'll ding [*Defeat] Jock o' Dawston Cleugh now after a'!"

said Dinmont, slapping his thigh in great exultation.

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