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BLACKWOOD'S
Edinburgh
MAGAZINE
VOL. LIX.
JANUARY-JUNE, 1846.
[Illustration]
WILLIAM BLACKWOOD & SONS, EDINBURGH;
AND
37, PATERNOSTER ROW, LONDON.
1846.
BLACKWOOD'S
EDINBURGH MAGAZINE.
No. CCCLXIII. JANUARY, 1846. VOL. LIX.
CONTENTS.
SIR WILLIAM FOLLETT, 1
LET NEVER CRUELTY DISHONOUR BEAUTY, 16
THE LAST HOURS OF A REIGN. CONCLUSION, 17
A CAMPAIGN IN TEXAS, 37
THE MOTHER AND HER DEAD CHILD, 53
THE GREEK AND ROMANTIC DRAMA, 54
MY COLLEGE FRIENDS. NO. III., 73
THE STUDENT OF SALAMANCA. PART III., 85
SICILIAN SKETCHES. SYRACUSIANA, 103
ÆSTHETICS OF DRESS. MILITARY COSTUME, 114
FROM GOETHE, 120
CHRISTMAS CAROL. 1845, 122
THE CRISIS, 124
* * * * *
EDINBURGH:
WILLIAM BLACKWOOD AND SONS, 45, GEORGE STREET;
AND 37, PATERNOSTER ROW, LONDON.
_To whom all Communications (post paid) must be addressed._
SOLD BY ALL THE BOOKSELLERS IN THE UNITED KINGDOM.
* * * * *
PRINTED BY BALLANTYNE AND HUGHES, EDINBURGH.
SIR WILLIAM FOLLETT.
The disappearance from the legal hemisphere of so bright a star as the
late Sir William Follett, cast a gloom, not yet dissipated, over the
legal profession, and all classes of society capable of appreciating
great intellectual eminence. He died in his forty-seventh year; filling
the great office of her Majesty's Attorney-general; the head and pride
of the British Bar; a bright ornament of the senate; in the prime of
manhood, and the plenitude of his extraordinary intellectual vigour; in
the full noontide of success, just as he had reached the dazzling
pinnacle of professional and official distinction. The tones of his low
mellow voice were echoing sadly in the ears, his dignified and graceful
figure and gesture were present to the eyes, of the bench and bar--when,
at the commencement of last Michaelmas term, they re-assembled, with
recruited energies, in the ancient inns of court, for the purpose of
resuming their laborious and responsible professional exertions in
Westminster Hall. It was impossible not to think, at such a time, of Sir
William Follett, without being conscious of having sustained a grievous,
if not an irreparable, loss. Where was he whose name was so lately a
tower of strength to suitors; whose consummate logical skill--whose
wonderful resources--taxed to the uttermost those of judicial intellect,
and baffled and overthrew the strongest who could be opposed to him in
forensic warfare? Where, alas, was Sir William Follett? His eloquent
lips were stilled in death, his remains were mouldering in the
tomb--yes, almost within the very walls of that sacred structure,
hallowed with the recollections and associations of centuries, in which
his surviving brethren were assembled for worship on Sunday the 2d day
of November 1845--the commencement of the present legal year--at that
period of it when _his_ was erewhile ever the most conspicuous and
shining figure, _his_ exertions were the most interesting, the most
important, _his_ success was at once the most easy, decisive, and
dazzling. Yes, there were assembled his brethren, who, with saddened
faces and beating hearts, had attended his solemn obsequies in that very
temple where was "committed his body to the ground, earth to earth,
ashes to ashes, dust to dust," where all, including the greatest and
noblest in the land, acknowledged, humbly and mournfully, at the mouth
of his grave, _that man walketh in a vain shadow, and disquieteth
himself in vain; he heapeth up riches, and cannot tell who shall gather
them_! Surely these are solemnizing and instructive reflections; and
many a heart will acknowledge them to be such, amidst all the din, and
glare, and bustle of worldly affairs, in the awful presence of Him _who
turneth man to destruction, and sayeth, Come again, ye children of men_!
Sir William Follett has now lain in his grave for six months. During
this interval, the excitement which his death created amongst those who
had been in constant intercourse with him for years, has subsided;
leaving them better able to take a calm and candid view of his
character, acquirements, and position, and form a sober estimate of the
nature and extent of his reputation while living, and the probability of
its permanently surviving him.
When summoned from the scene of his splendid and successful exertions,
he was unquestionably the brightest ornament of the British bar.
Immediately afterwards the press teemed with tributes to his memory:
some of them characterised by great acuteness and discrimination,
several by exaggerated eulogy, and one or two by a harsh
disingenuousness amounting to misrepresentation and malevolence. Nothing
excited more astonishment among those who had thoroughly known Sir
William Follett, than the appearance of these attacks upon his memory,
and the bad taste and feeling which alone could have prompted the
perpetration of them, at a moment when the hearts of his surviving
relatives and friends were quivering with the first agonies of their
severe bereavement; when they had just lost one who had been the pride
of their family, the pillar of their hopes,--and who was universally
supposed to have left behind him not a single enemy--who had been
distinguished for his courteous, mild, and inoffensive character, and
its unblemished purity in all the relations of private life. Certain of
the strictures here alluded to, were petty, coarse, and uncandid; and
with this observation they are dismissed from further notice. Sir
William Follett had undoubtedly his shortcomings, in common with every
one of his fellow men; and, as a small set-off against his many
excellences of temper and character, one or two must be glanced at by
any one essaying to present to the public, however imperfectly, a just
account of this very eminent person. The failing in question formed the
chief subject of vituperation--_vituperation of the dead!_--by the
ungracious parties to whom brief reference has just been made; and
consists, in short, in the excessive eagerness to accumulate money, by
which it was alleged that the late Sir William Follett was
characterised. This charge is certainly not without foundation; but
while this frank admission is made, an important consideration ought to
accompany it in guiding the judgment of every person of just and
generous feeling; and will relieve the memory of the departed from much
of the discredit sought to be attached to it.
The life of Sir William Follett appears to have been, from the first, of
frail tenure. Could he have foreseen the terrible tax upon his scanty
physical resources which would be exacted by the profession which he was
about to adopt, he would probably have abandoned his intentions, justly
conscious though he might have been of his superior mental fitness for
the Bar, and would have betaken himself to some more tranquil walk of
life, which he might have been at this moment brightly adorning. He
devoted himself, however, to the law, with intense and undivided energy;
and, at a very early period of his professional career, was compelled to
retire for a time from practice, by one of the most serious mischances
which can befall humanity--it is believed, the bursting of a bloodvessel
in the lungs. Was not this a very fearful occurrence--was it not almost
conclusive evidence of the unwise choice which he had made of a
profession requiring special strength in that organ--was it not justly
calculated to alarm him for his future safety? And yet, what was he to
have done? To have abandoned a profession for which alone he had
qualified himself by years of profound and exclusive thought and labour?
What Office would, under such circumstances, have insured the life of
young Mr Follett, who, with such a fatal flaw in his constitution, was
nevertheless following a profession which would hourly attack his most
vulnerable part? Poor Follett! who can tell the apprehensions and
agonies concerning his safety, to which he was doomed, from the moment
of his first solemn summons to the grave, on the occasion alluded to?
What had happened, he too well knew, might happen again at any moment,
and hurry him out of life, leaving, in that case, comparatively
destitute those whom he tenderly loved--for whom he was bound to
provide--his widow and children. And for the widow and children of such
a man as he knew that he had become, he felt that he ought to make a
suitable provision: that those who, after he was gone, were to bear his
distinguished name, might be enabled to occupy the position in which he
had placed them with dignity and comfort. Was such an illegitimate
source of anxiety to one so circumstanced, and capable of Sir William
Follett's superior aspirations? Was it not abundantly justified by his
splendid qualifications and expectations? Why, then, should he not toil
severely--exert himself even desperately--to provide against the direful
contingency to which his life was subject? Alas! how many ambitious,
honourable, high-minded, and fond husbands and fathers are echoing such
questions with a sigh of agony! Poor Follett! 'twas for such reasons
that he lived with an honourable economy, eschewing that extravagance
and ostentation which too often, to men in his dazzling position, prove
irresistible; it was for such reasons that he _rose up early, and went
to bed late, and ate the bread of carefulness_. Had he been alone in the
world--had he had none to provide for but himself, and yet had
manifested the same feverish eagerness to acquire and accumulate
money--had he loved money for money's sake, and accumulated it from the
love of accumulation, the case would have been totally different. He
might then have been justly despised, and characterized as being _of the
earth, earthy_--incapable of high and generous sentiments and
aspirations--sordid, grovelling, and utterly despicable. Sir William
Follett had, during twenty years of intense and self-denying toil,
succeeded in acquiring an ample fortune, which he disposed of, at his
death, justly and generously; and how many hours of exhaustion, both of
mind and body, must have been cheered, from time to time, by reflecting
upon the satisfactory provision which he was making--which he was daily
augmenting--for those who were to survive him! Who can tell how much of
the bitterness of death was assuaged by such considerations! When his
fading eyes bent their aching glances upon those who wept around his
death-bed, the retrospect of a life of labour and privation spent in
providing for their comfort, must indeed have been sweet and
consolatory! Surely this is but fair towards the distinguished dead. It
is but just towards the memory of the departed, to believe his conduct
to have been principally influenced by such considerations. All men have
many faults--most men have grave faults. Is parsimony intrinsically more
culpable than prodigality? Have not most of mankind a tendency towards
one or the other? for how few are ennobled by the ability to steer
evenly between the two! And even granting that Sir William Follett had a
_tendency_ towards the former failing, it was surely exhibited under
circumstances which warrant us in saying, that "even his failings leaned
to virtue's side."
Connected with and immediately dependent upon this imputation upon the
late Sir William Follett, is another which cannot be overlooked. He is
charged with having made a profit of his prodigious popularity and
reputation, by discreditably and unconscientiously receiving fees from
clients for services which he well knew at the time that he could not
possibly render to them; in short, with taking briefs in cases to which
he had no reasonable hope of being able to attend. This is a very grave
accusation, and requires a deliberate and honest examination. It is a
long-established rule of English law, that barristers have no legal
means of recovering their fees, even in cases of most arduous and
successful exertion, except in the very few instances where a barrister
may consider it consistent with the dignity of his position to enter
beforehand into an express agreement with his client for the payment of
his fees[A]. A barrister's fee is regarded, in the eye of the law, as
_quiddam honorarium_; and is usually--and ought to be invariably--paid
beforehand, on the brief being delivered. A fee thus paid, a rule at the
bar forbids being returned, except under very special circumstances; and
the rule in question is a very reasonable one. As counsel have no legal
title to remuneration, however laborious their exertions, what would be
their position if they were expected or required to return their fees at
the instance of unreasonable and disappointed clients? Where ought the
line to be drawn? Who is to be the judge in such a case? A client may
have derived little or no benefit from his counsel's exertions, which
may yet have been very great; an accident, an oversight may have
intervened, and prevented his completing those exertions by attending at
the trial either at all, or during the whole of the trial; he may have
become unable to provide an efficient substitute; through the sudden
pressure of other engagements, he may be unable to bestow upon the case
the deliberate and thorough consideration which it requires--an
unexpected and formidable difficulty may prove too great for his means
of overcoming it, as might have been the case with men of superior skill
and experience;--in these and many other instances which might be put,
an angry and defeated client would rarely be without some pretext for
requiring the return of his fees, and counsel would be subject to a
pressure perfectly intolerable, most unreasonable, most unfair to
themselves, leading to results seriously prejudicial to the interests of
their clients; and a practice would be introduced entailing great evils
and inconveniences, affecting the credit and honour of both branches of
the legal profession. The rule in question rests upon the above, among
many other valid reasons, and is generally acted upon. No one, however,
can have any practical knowledge of the bar, without being aware of very
many instances of counsel disregarding that rule, and evincing a noble
disinterestedness in the matter of fees, either returning or declining
to accept them, at a severe sacrifice of time and labour, after great
anxiety and exertion have been bestowed, and successfully bestowed. The
rule in question is rigidly adhered to, subject to these exceptions by
eminent counsel, on another ground; viz. for the protection of junior
counsel, who would be subject to incessant importunities if confronted
by the examples of their seniors. Take, now, the case of a counsel who
has eclipsed most, if not every one, of his competitors, in reputation,
for the skill and success of his advocacy--who is acute, ready,
dexterous, sagacious, eloquent, and of accurate and profound legal
knowledge: that is the man whose name instantly occurs to any one
involved, or likely to be involved, in litigation--such an one must be
instantly secured--_at all events, taken from the enemy_--at any cost.
The pressure upon such a counsel's time and energies then becomes really
enormous, and all but insupportable. As it is of the last importance
either to secure his splendid services, or deprive the enemy of them,
such a counsel--and such, it need hardly be said, was Sir William
Follett--is continually made the subject of mere speculation by clients
who are content to take the _chance_ of obtaining his attendance, with
the _certainty_ of securing his absence as an opponent. When, however,
the hour of battle has arrived, and, with a compact array visible upon
the opposite side, the great captain is _not_ where it had been
hoped--or thought possible that he might have been--when, moreover, no
adequate provision has been made against such a serious
contingency--when the battle has been fought and lost, and great
interests are seriously compromised, or for ever sacrificed--_then_ the
client is apt, in the first smarting agony of defeat, to forget the
_chance_ which he had been content to run, and to persuade himself that
he had from the first calculated as a matter of _certainty_ on the great
man's attendance--and intense is that client's chagrin, and loud are his
complaints. Can it be supposed that this eminent counsel is not
sufficiently aware of the true state of the case? It is but fair to
give him credit for being under the impression, that all which is
expected from him, in many cases, is his best exertions to attend the
trial or hearing--to provide an effective substitute, if unable to
attend--and give due attention to the case at consultation. For counsel
to act otherwise, deliberately to receive a brief and fee, in a case
which he _knows_ that he cannot possibly attend, without in the first
instance fairly intimating as much to the client--to do so, in cases of
importance, and habitually--is surely most foully dishonourable,
dishonest, and cruel; and conduct which there is no pretence for
imputing to the members of the bar. It cannot, however, be denied, that
very serious misunderstandings occasionally arise on such occasions; but
there are many ways of accounting for them, without having recourse to a
supposition involving such serious imputations upon the honour of
counsel--arising out of _bonâ fide_ accident and mistake--the
unavoidable hurry and sudden emergencies of business--misunderstandings
between a counsel and his clerks;[B] between either or both, and the
client--and the perplexity and confusion almost necessarily attending
the movements of very eminent counsel. On such occasions every thing is
usually done which can be dictated by liberality and honour, and fees
are returned without hesitation. If, however, the case can be looked at
from another point of view--if the eager client be fairly apprised by
the clerk, that Sir ---- or Mr ---- "may not be able to attend"--or,
"there is a _chance_ of his attending"--or "he is very likely to be
elsewhere"--and, aware of the multifarious and conflicting calls upon
the time of Sir ---- or Mr ----, will be content to take his "chance,"
and deliver his brief, and pay his fee; in such a case the client will
have had all which he had a right to expect,--viz. the chance, not the
certainty; there will be no pretence for alleging careless
misunderstanding or deception.
If ever there were a member of the English bar who may be said to have
been overwhelmed by the distracting importunities of clients to secure
his services, at all hazards and at any cost, it was the late Sir
William Follett; and how he contrived to satisfy the calls upon him, to
the extent which he did, is truly wonderful. How can one head, and one
tongue, do so much, so admirably? is a question which has a thousand
times occurred to those of his brethren at the bar, who knew most of his
movements, and were least likely to form an exaggerated estimate of his
exertions. The litigant public seemed to feel that every moment of this
accomplished and distinguished advocate's waking hours was their own,
and they were restricting his sleeping hours within the very narrowest
limits. Every one would have had Sir William every where, in every
thing, at once! Whenever, during the last fifteen years of his life,
there was a cause of magnitude and difficulty, there was Sir William
Follett. What vast interests have been by turns perilled and protected,
according as Sir William Follett acted upon the offensive or defensive!
Misty and intricate claims to dormant peerages, before committees of
privileges, in the House of Lords; appeals to the High Court of
Parliament, from all the superior courts, both of law and equity, in the
United Kingdom, involving questions of the greatest possible nicety and
complexity--and that, too, in the law of Scotland, both mercantile and
conveyancing, so dissimilar to that prevailing in other parts of the
kingdom; appeals before the Privy Council, from the judicial decisions
of courts in every quarter of the globe where British possessions exist,
and administering varying systems of law, all different from that of
England; the most important cases in the courts of equity, in courts of
error, and the common law courts in _banc_; all the great cases
depending before parliamentary committees, till he entered the House of
Commons; every special jury cause of consequence in London and
Middlesex, and in any of the other counties in England, whither he went
upon special retainers; compensation cases, involving property to a very
large amount;--in all these cases, the first point was--to secure Sir
William Follett; and, for that purpose, run a desperate race with an
opponent. Every morning that Sir William Follett rose from his bed, he
had to contemplate a long series of important and pressing engagements
filling up almost every minute of his time--not knowing where or before
what tribunal he might be at any given moment of the day--and often
wholly ignorant of what might be the nature of the case he would have to
conduct, against the most able and astute opponents who could be pitted
against him, and before the greatest judicial intellects of the kingdom:
aware of the boundless confidence in his powers reposed by his clients,
the great interests entrusted to him, and the heavy pecuniary sacrifices
by which his exertions had been secured. Relying with a just confidence
on his extraordinary rapidity in mastering all kinds of cases almost as
soon as they could be brought under his notice, and also on the desire
universally manifested by both the bench and the bar to consult the
convenience and facilitate the business arrangements of one, himself so
courteous and obliging to all, and whom they knew to be entrusted at a
heavy expense to his clients, with the greatest interests involved in
litigation; relying upon these considerations, and also upon those
others which have been already alluded to, Sir William Follett
undoubtedly permitted briefs to be delivered to him, _all_ of which he
must have suspected himself to be incapable of personally attending to.
It must be owned that on many such occasions he may not--distracted with
the multiplicity of his exhausting labours--have given that full
consideration to those matters which it was his bounden duty to have
given to them; and his conduct in this respect has been justly censured
by both branches of the high and honourable profession to whom the
public entrusts such mighty interests. Still he turned away business
from his chambers which would have made the fortunes of two or three
even eminent barristers, and has been known to act with spirit and
liberality in cases where his imprudence on the score alluded to had
been attended with inconvenience and loss to his clients. Nor was he
_always_ so fortunate, as latterly, with respect to his clerks; who had,
equally with himself, a direct pecuniary interest[C] on every brief
which he accepted, and consequently a strong motive for listening with a
too favourable ear to the importunities of clients. The necessary
consequence of all this was occasionally the bitter upbraiding of Sir
William Follett's desperately disappointed and defeated clients. Still,
however, he did make most extraordinary efforts to satisfy all the
claims upon his time and energies, and at length sacrificed himself in
doing so; to a very great extent foregoing domestic and social
enjoyments--sparing himself neither by night nor by day, neither in mind
nor body. Crowded with consultations as was almost every hour of the
day not actually spent in open business in court--from the earliest
period in the morning till the latest at night--it was really amazing
that he contrived to obtain that perfect mastery of his ponderous and
intricate briefs, which secured him his repeated and splendid triumphs
in court. Till within even the last eighteen months, or two years, if
you had gone down one morning at half-past nine to Westminster, you
might have heard him opening with masterly ease, clearness, and skill, a
patent case, or some other important matter, before a special jury; and
immediately after resuming his seat, you would see him go perhaps into
an adjoining court of Nisi Prius, in which also he was engaged as
leading counsel, and where he would quickly ascertain the exact position
of the case--and effectively cross-examine or re-examine a witness, or
object to or support the admissibility of evidence;--then if you
followed his footsteps, you would find him in the Lord Chancellor's
Court, engaged in some equity case of great magnitude and difficulty.
Some time afterwards be might be seen hastening to the Privy
Council--and by about two or three o'clock at the bar of the House of
Lords, in the midst of an admirable reply in some great appeal or
peerage case. When the House broke up, Sir William Follett would doff
the full-bottomed wig in which alone Queen's counsel are allowed to
appear before the House of Lords, and, resuming his short wig, reappear
in either--or by turns in both--the Courts of Nisi Prius, where he had
left trials pending, having directed himself to be sent for if there
should arise any necessity for it. Then he would in a very few moments
calmly possess himself of the exact state of the cause, and resume his
personal conduct of it, as effectively as if he had never quitted the
Court. If he could be spared for a quarter of an hour, he would glide
out, followed by one or two counsel and attorneys, to hold one, or
perhaps two consultations, in cases fixed for the next day. On the
court's rising--perhaps about six or seven o'clock, he would go home to
swallow a hasty dinner; then hold one, two, or even three consultations
at his own house; read over--as none but he could read--some briefs; and
about eleven or twelve o'clock make his appearance in the House of
Commons, and perhaps take a leading part in some very critical
debate--listened to with uninterrupted silence, and with the admiration
of both friends and foes. The above, with the exception of taking part
in the debate of the House of Commons, was an average day's work of the
late Sir William Follett! And was it not the life of a galley-slave
chained to the oar? He had, however, chosen it, and would not quit his
seat but at the icy touch of death. Such appears to be a fair and
temperate account of the real state of the case, with reference to Sir
William Follett's great anxiety to acquire money, and his over-eagerness
in accepting briefs. Great allowances ought undoubtedly to be made for
him, on the grounds above suggested; and, with reference to the former
case, another consideration occurs, which ought to have been already
more distinctly adverted to. Sir William Follett had a right to regard
his elevation to the peerage as a matter almost of course. Had he lived
possibly only a few months longer, he would, in all probability, have
become a peer of the realm; and he ought to be given credit for an
honourable ambition to avoid the imputation of having inflicted a pauper
peerage upon the country. Frail he knew his health to be; and
doubtlessly contemplated the necessity of providing suitably for the
family whom he was to leave behind him, and which he had ennobled. But
what was involved in providing, under such circumstances, "_suitably_"
for a noble family? What ample means would have to be secured by one who
had inherited no fortune himself, but was, on the contrary, the sole
architect of his fortunes? What prodigious efforts are necessary for a
lawyer to realise, by his own individual exertions, an amount which
would produce an income of five, four, or even three thousand a-year?
And let any one of common sense, and ordinary knowledge of the world,
ask himself--whether the highest of those amounts is more than barely
sufficient, without undue economy, to provide for a dowager peeress and
a young family! That such considerations were not lost sight of by Sir
William Follett, but, on the contrary, were stimulants to his intense,
unremitting, and exhausting labours, it is easy to understand; and they
sprang out of a high, and honourable, and a legitimate ambition. But
whatever weight may be attached to these considerations--and generosity
and forbearance towards the dead will attach great weight to them--they
are no answer to much of the charge brought against the late Sir William
Follett, and which ought not to be glossed over and explained
away--that, in his excessive eagerness to accomplish his object, he was
hurried into an occasional forgetfulness of that nice and high sense of
moral principle which ought to regulate every one's conduct--especially
those in eminent positions--for the sake of illustrious example, and, in
a man's own case, with reference to the awful realities of HEREAFTER:
for a man should strive so to pass through things temporal, as not to
lose sight of things eternal.
Let us now, however, endeavour to point out some of the excellences of
Sir William Follett's character; and perhaps the most prominent of them
was his admirable temper. Continually in collision with others, on
behalf of important interests entrusted to him, and exposed to a
thousand trials and provocations--that temper, nevertheless, scarce ever
failed him. Serene and unruffled on the most exciting occasions, his
manners were perfectly fascinating to all those who came in contact with
him. A rude or unkind expression may be said never to have fallen from
his lips towards an opponent--or, indeed, any one; towards juniors and
inferiors he was always good-natured and considerate; and towards the
judicial bench he exhibited uniformly a demeanour of dignified courtesy
and deference. He was very tenacious of his own opinions--confident in
the propriety of his view of a case--_apparently so, always_, for he
could assume a confidence though he had it not--and would persevere in
his efforts to overcome the adverse humour of judges and juries, to an
extent never exceeded; yet withal so blandly, so unassumingly, so
mildly, that he never irritated or provoked any one. His temper and
self-possession were unequalled, and approached, as nearly as possible,
to perfection. Amidst all the distracting multiplicity of his
engagements--the sudden and harassing emergencies arising incessantly
out of his prodigious practice--he preserved an urbane tranquillity
which gave him on all occasions the full possession of his extraordinary
faculties, enabled him to concentrate them instantly upon whatever was
submitted to his attention, however suddenly--and to conquer without
irritating or mortifying even the most eager and sensitive opponent. He
never suffered himself to be in a _hurry_, or _fidgeted_; however sudden
and serious the emergency which frighted others from their propriety, he
retained and exhibited complete composure; surveying his position with
lightning rapidity, and taking his measures with consummate
caution--with prompt and bold decision. His guiding energies kept
frequently half a dozen important causes all going on at once in their
proper course. He would glide in at a critical moment--paying, in his
agitated client's view, "an angel's visit"--and with smiling ease seize
advantages seen by none but himself, repair disasters appearing to
others irreparable, and with a single blow demolish the entire fabric
which in his absence had been laboriously and skilfully raised by his
opponent. No impetuosity or irritability, on the part of others, could
provoke him to retaliate, or sufficed to disturb that marvellous
equanimity of his, which enabled him the rather good-naturedly to
convert impetuosity and loss of temper in others, into an instrument of
victory for himself. When others, not similarly blessed, would, in like
manner, essay to rush to the rescue, their hurried and confused
movements served only to place them more completely prostrate before
him. The instant after the issue had been--perhaps suddenly--decided in
Sir William's favour--through some unexpected masterstroke of his--he
would turn with an arch smile to his opponent, and whisper--"How did
you come to let me do it?" If his advance were met sulkily, he would
add, with unaffected good humour, "Come, don't be angry; I dare say you
will serve me in the same way to-morrow!" Towards adverse and frequently
interrupting judges--towards petulant counsel--towards impudent,
equivocating, dishonest witnesses, Sir William Follett exhibited
unwavering calmness and self-possession; and withal a dignity of
demeanour by which he was remarkably distinguished, and which lent
importance to even the most trivial cases which could be intrusted to
his advocacy. Perhaps no man ever defeated a greater number of important
cases, by unexpected objections of the very extremest technical
character, than Sir William Follett; but he would do it with an air and
manner so courteous and imposing, as to lead the uninitiated into the
belief that there were doubtless good reasons by which such a course
having been reluctantly adopted, was morally justified. This topic
naturally leads to some observations upon the consummate skill, the
wonderful rapidity of perception, precision of movement, and unfaltering
vigilance, which characterized Sir William Follett's conduct of
business. Doubtless his own consciousness of possessing powers and
resources far beyond those of the majority of counsel opposed to him, as
evidenced in his extraordinary successes, contributed, in no small
degree, to his maintenance of that composed self-reliance, and
forbearance towards others, by which he was so peculiarly distinguished,
and which was aided by a naturally tranquil temperament. What advantage
could escape one so uniformly and surprisingly calm, vigilant, and
guarded as Sir William Follett? It might have been supposed that a man
so overwhelmed with all but incompatible professional engagements, could
not give to each case that full and undivided attention which were
requisite to secure success, especially against the ablest members of
the bar, who were constantly opposed to him. It was, however, very far
otherwise. No one ever ventured to calculate upon Sir William Follett's
overlooking a slip or failing to seize an advantage. _Totus teres atque
rotundus_ must indeed have been the case which was to withstand his
onslaughts. So accurate and extensive was his legal knowledge, so acute
his discrimination, so dexterous were all his movements, so lynx-eyed
was his vigilant attention to what was going on, that the most learned
and able of his opponents were never at their ease till after victory
had been definitively announced from the bench--from a Court of
Error--or even the House of Lords. They were necessarily on the _qui
vive_ to the very latest moment. Some short time before he was compelled
to relinquish practice, a certain counsel was engaged with him as junior
in a case before the Privy Council, which it was deemed of great moment
that Sir William Follett should be able to attend to.
"I don't exactly know how I stand in the Queen's Bench to-morrow
morning," said he, at the consultation late over-night--"but I fear that
that long troublesome case of the ---- Railway will be brought on by
---- at the sitting of the court. I'm afraid I can't get him to put it
off--but I'll try; and if he won't, I may yet be able to _settle_ the
case before he has got far into it--for it will be very strange if all
their proceedings are right."
On this slender chance rested the likelihood of Sir William's attendance
at the Privy Council. The next morning at ten o'clock, beheld all the
counsel on both sides ready for action.
"You're not going to bring on the ---- case this morning, are you?"
whispered Sir William Follett, as soon as he had taken his seat, to his
opponent who was arranging his papers.
"I am indeed, and no mistake whatever about it."
"Can't we bring it on to-morrow, or some day next week? It would greatly
oblige me--I really have scarcely read my papers, and, besides, want to
be elsewhere."
"I'll see what my clients say,"--and then he consulted them, and
resumed--"No--my people are peremptory."
"Very well. Then keep your eyes wide open. I must bring you down as soon
as possible, for I want to be elsewhere."
"Ah--I must take my chance about that"--then, turning round to an
experienced and learned junior, he whispered--"You hear what Follett
says?--Are we really all right?"
"Oh, pho! never mind him--we are as right as possible."
A few moments afterwards, up rose ----, and soon got into his case, and
very soon, also, to the end of it. The case had not been heard more than
half an hour, Sir William Follett at once attentively listening to his
opponent, and hastily glancing over his own papers, when he rose very
quietly, and said--"If my learned friend will pardon me, I think, my
Lord, I can save the court a very long and useless enquiry--for there is
clearly a fatal objection _in limine_ to these proceedings."
"Let us hear what it is," said the court.
Sir William had completely checkmated his opponent! A statutory
requisition had not been complied with; and in less than ten minutes'
time the enemy were all prostrate--their expensive and elaborate
proceedings all defeated--and that, too, permanently, unless on acceding
to the terms which Sir William Follett dictated to them, and which, it
need hardly be observed, were somewhat advantageous to his own client!
"Really this is too bad, Follett," might have been heard whispered by
his opponent, as the next case was called in.
"Not at all--why didn't you let it stand over as I asked you?"
"Oh--you would have done just the same then as you have now."
"I don't know that," replied Sir William Follett with a significant
smile. "But why won't your people be more careful?" And then turning to
his junior, said--"Now for the Privy Council!" And all this with such
provoking, easy, smiling _nonchalance_!
Heaven forbid that any thing here said should favour the attempt to
defeat justice by technical objections; but there is, at the same time,
much vulgar error on that subject, grounded on reasons which would tend
to subvert all rules of law and legal procedure whatever. In the case
above mentioned, the legislature had thought fit to impose on applicants
for redress under the statute in question, a duty, which through haste
or negligence had been overlooked, and which Sir William Follett's
clients had a perfect right to take advantage of, as soon as his
acuteness had detected it. To return, however. No member of the bar, let
his experience and skill have been what they might, was ever opposed to
Sir William Follett without feeling, as has been already intimated, the
necessity of the greatest possible vigilance and research to encounter
his boundless resources; his dangerous subtlety and acuteness in
detecting flaws, and raising objections; his matchless art in concealing
defects in his own case; and building up, with easy grace, a
superstructure equally unsubstantial and imposing, and defeating all
attempts to assail or overthrow it. Even very strong heads would be
often at fault, conscious that they were the victim of some subtle
fallacy, which yet they could not _then and there_ detect and expose;
and by their hazy and inconsistent efforts to do so, only supplied
additional materials for the use of their astute and skilful enemy, to
whom nothing ever seemed to come amiss; who converted every thing into
ingredients of success; whom scarce any surprise or mischance could
defeat or overthrow. A very short time before he withdrew from practice,
he was engaged at Liverpool, whither he had gone upon a special
retainer, in a very intricate and important ejectment case.
Unexpectedly he discovered, when about half-way through the case, that
his client (the plaintiff) had omitted to serve a notice upon the
defendant's attorney to produce a certain critical document, at the
contents of which it was necessary to get, in order to make out the
plaintiff's case. The objection was promptly taken by his opponent--and
to the dismay of Sir William's clients. Not so with him, however.
"You have not given a notice to produce them, eh?" he calmly whispered
to his client, and was answered with a disturbed air in the negative;
and all the court saw that Sir William was in the very jaws of a
non-suit.
"You ought to have done so, but it does not much signify," said he, very
quietly--"what's the name of the defendant's attorney?" and, on being
told it, that gentleman, doubtless chuckling with delight in his
anticipated triumph, was somewhat astounded by being suddenly called as
a witness by Sir William Follett; who coolly asked him to produce the
document in question--and on his refusal, with one or two artful
questions, which completely concealed his real object, elicited the fact
that he had no such document, had searched every where for it, both in
his own office, and among his clients' papers, and elsewhere, but in
vain.
"Now, then, my lord," said Sir William Follett, "I am entitled to give
secondary evidence of its contents!"
The Judge assented.
Sir William extracted from his own witness all that was necessary--and
out of the nettle danger plucking the flower _safety_, won the verdict.
Every one, however, who has had opportunities of observing, can give
many instances of Sir William Follett's extraordinary tact and readiness
in encountering unexpected difficulty, and defeating an opponent by
interposing successive unthought-of obstacles. In the most desperate
emergencies, when the full tide of success was arrested by some totally
unlooked-for impediment, Sir William Follett's vast practical knowledge,
quickness of perception, unerring sagacity, and immoveable
self-possession, enabled him, without any apparent effort or uneasiness,
to remove that impediment almost as soon as it was discovered, and
conduct his case to a triumphant issue. He was, indeed, the very
perfection of a practical lawyer. Whatever he did, he did as well as
even his most exacting client could have wished--he won the battle, won
it with little apparent effort, and won it with grace and dignity of
demeanour. A gentleman felt proud of being represented by such an
advocate--who never descended into any thing approaching even the
confines of vulgarity, coarseness, or personality--who lent even to the
flimsiest case a semblance of substance and strength--whose consummate
and watchful adroitness placed weak places quite out of the sight and
reach of the shrewdest opponent, and never perilled a good case by a
single act of incaution, negligence, rashness, or supererogation. When
necessary, he would prove a case barely up to the point which would
suffice to secure a decision in his favour, and then leave it--equally
before the court, and a jury--the result afterwards showing with what
consummate judgment he had acted in running the risk--the latent
difficulties to have been afterwards encountered which he had avoided,
the collateral interests which he had shielded from danger. He possessed
that sort of intuitive sagacity which enabled him to see _safety_ at the
first instant of its existence--to be confident of having the judgment
of the court, or the verdict of the jury, when others deeply interested
and concerned in the cause imagined that they were making no way
whatever. "Now, I've knocked him," his opponent, "down"--he would say at
such a moment to his junior--"don't let him get up again! I must go off
to the House of Lords--and will come back if you want me! But mind, if
he attempt to do so or so--to put in such and such a paper, on no
account allow it; send for me, and fight till I come." He possessed, to
an extraordinary degree, the power of rapidly transferring his undivided
and undisturbed attention to every thing, great and small, which could
be brought before it. A single glance of his eye penetrated the most
obscure and perplexing parts of a case--a touch of his master-hand
disentangled apparently inextricable complexities. He could apply, with
beautiful promptitude and precision, some maxim or principle which had
not occurred to those who had devoted long and anxious attention to the
case, and which at once dissolved the difficulty. Whether acting on the
offensive or defensive, he was equally characterised by the great
qualities essential to successful advocacy; but perhaps, when acting on
the offensive, he displayed more formidable powers. He tripped up the
heels of the most wary and experienced antagonists, just when they
imagined themselves in the very act of throwing him. It was almost
useless to quote a "_case_" against him. Though the party doing so
deemed it precisely in point in his favour, and on that ground was
stopped by the court from proceeding further, Sir William Follett would
ask for the case; and rising up, after a momentary glance at it, show
that it was perfectly distinguishable from that before the court, and,
in a few minutes' time, would be interrupted by the court, with--"We
think, Mr ----, that you had better resume your argument!" If, on such
occasions, Sir William's opponent were not a ready and dextrous legal
logician, his client would wish that he had secured Sir William Follett.
His power of drawing distinctions and detecting analogies--and that,
too, on the spur of the moment--was almost unequalled. It was in vain
for an opponent to _feel_ that the suggested distinction was without a
difference--he could not _prove_ it to be so--he could not demonstrate
the fallacy which had been imposed on even a strong court by that
exquisite astuteness which, however sinister, was carried off by a
charming air of frankness and confidence in the validity of the
distinction. On such an occasion, directly the cause was over he would
turn round and say, laughingly, to his discomfited opponent, "You
haven't your wits about you this morning--why didn't you quote such and
such case?" or "say so and so?" Such things were never said in an
unpleasant manner--never truculently--never triumphantly--but simply
with a good-humoured, cheerful air of _badinage_, which, so far from
irritating you, took off the edge of vexation, and set you almost
laughing at yourself for having suffered yourself to be so completely
circumvented.
While thus paying a just tribute to the skill and wonderful resources of
this eminent advocate, another of his great merits, which shall be
noticed, will afford an opportunity for doing justice to the junior bar,
with reference to the invaluable, and--to the public--often totally
unperceived, assistance which they afford to their leaders. Sir William
Follett was pre-eminently characterised by the rapidity with which he
availed himself of the suggestions and labours of others. A whisper--a
line or two--would suffice to suggest to him a truly admirable and
conclusive argument, which he instantly elaborated as if he had prepared
it deliberately beforehand in his chamber; and he would put the point
with infinitely greater cogency than could have been exhibited by him
who suggested it, and defend it from the assaults of his opponents and
the bench with truly admirable readiness and ingenuity. He exhibited
great judgment and discrimination, however, on these occasions. A false
or doubtful point he quietly rejected _in limine_, and would afterwards
point out to him who had suggested it, the impolicy of adopting it. Sir
William Follett, as is the case with all eminent leaders, was under very
great obligations, in his successful displays, to the learning and skill
of his juniors, and of the gentlemen who practise under the bar as
special pleaders. It is to them that is intrusted the responsible and
critical duty of preparing and advising upon pleadings, and shaping them
in the way in which they ought to be presented in court. Their
"opinions" and "arguments" are often of the greatest possible
value--often very masterly; and no one more highly estimated, or was
more frequently and largely indebted to them, than Sir William Follett;
but who could do such complete justice to them and so suddenly--as he? A
hasty glance over, in court, such an analysis of pleadings, or
affidavits, or legal documents of any kind, as has been spoken of--in a
cause to which he had been, up to that moment, entirely a
stranger--would suffice to put him in full possession of the true
bearings of the most complicated case; and his own great learning,
surpassing power of arrangement, and masterly argumentation, would do
the rest. If he were taken quite unawares in such a case, and could not
possibly procure its postponement, an instant's whisper with a junior--a
moment's glance at his papers--would make him apparently master of the
case; and, by some unexpected adroit manoeuvre, he would often
contrive to throw the labouring oar upon his opponent--and then, _from
him_, would acquire that knowledge of the facts of the case which Sir
William Follett rarely failed to turn to his own advantage, so as to
secure him success. Great as were his natural endowments, how could
incessant exercise, during twenty years' hourly conflict with the ablest
of his brethren and of the bench, fail of developing his splendid
energies to the uttermost, even up to a point of which we may conceive
as little short of perfection? The strength of his reasoning faculties
was equalled, if not exceeded, by that of his memory, which was equally
susceptible, tenacious, and ready; qualities these, which, as Dugald
Stewart has observed, are rarely united in the same person,[D] and
which, in the case of an advocate, give him immense advantages; while he
possessed that accurate practical knowledge which enabled him to detect
the minutest errors in the conduct of a cause, his comprehensive grasp
of mind enabled him to take in the whole of the greatest cause, with all
its dependencies; and while he fixed his own eye, with unwavering
steadfastness, on the object which he had in view, he could lead his
opponent and keep him far away from _his_; and address himself to every
passing humour of the judicial mind, supporting favourable, and
repelling adverse intimations, with reasons so plausible as to appear
absolutely conclusive. Whoever might forget facts, or lose the drift of
the argument, Sir William Follett never did; and when he had _the last
word_, he was almost always irresistible. He required, for the purposes
of justice, to be followed by a watchful and strong-headed judge, who
could detect the cunning fallacy, or series of fallacies, which had led
the jury quite astray from the real points--the true merits of the case;
and even such a person was often unable to remove the impression which
had been produced by the subtle and persuasive advocate whose voice had
preceded his. That voice was one indeed lovely to listen to. It was not
loud, but low and mellow, insinuating its faintest tones into the ear,
and filling it with gentle harmony. His utterance was very distinct--a
capital requisite in a speaker--and he had the art of varying his tones,
so as to sustain the attention of both judges and juries for almost any
length of time. His person and attitudes, also, were most prepossessing.
Their chief characteristics were a calmness and dignity which never
disappeared in even the most exciting moments of contest, and of
irritability, and provoking interruption. Woe, indeed, to one who
ventured to _interrupt_ him! However plausible, cogent, or even just,
might be the suggestion thrown in by his adversary, Sir William Follett
contrived to make it tell terribly against him, either harmonising it
with his own case, or showing it to be utterly inconsistent with that of
the interrupting party.--Sir William Follett, who was above the middle
size, always stood straight upright, as every one ought to do while
addressing either judge or juries. He seldom used his left hand in
speaking, but the play of his right hand was very graceful, easy, and
natural. His countenance was by no means handsome, yet of very striking
expression--decisively indicative of great intellectual power,
particularly about the forehead, which was very strongly developed. His
eyes were grey, rather small, and deep-set; but they had a power of
riveting the attention of any one whom he was addressing, particularly
in public. You felt him to be a man whom you could neither neglect nor
trifle with; who was addressing your intellect in weighty words,
fathoming your intentions, and detecting your inclinations and
prepossessions, and leading you in some given direction with gentle but
irresistible force. He would often startle you with the boldness of his
propositions, but never till he had contrived, somehow or other, to
predispose you in favour of that view of the case which he was
presenting. He had a most seductive smile; truth, candour, and
gentleness seemed to beam from it upon you; and you were convinced that
he felt perfect confidence in the goodness of his cause. He evinced a
sort of intuitive sagacity, in adapting himself to the character and
mode of thinking of those whom he addressed. If he were standing before
four judges, all of different but decided characters--and all
continually interrupting him with questions and suggestions, a close
experienced observer could detect, in full play, in this wily advocate,
the quality which has just been mentioned. He was never irritable, or
disrespectful to the bench, however trying their interruptions; but calm
determination was always accompanied with courteous deference for
judicial authority. It is believed that no one ever heard a sharp
expression fall on Sir William Follett from the bench. Foreigners coming
to our courts, have frequently expressed admiration at his tone and
bearing, as calm, graceful, and dignified, even though what he said
could not be understood by them. His language was chaste, simple, and
vigorous, but never ornate. He always came direct to the point; and the
severest critics could find no fault in his diction. If he had read
extensively, his speeches never bore witness of that fact; for he was,
perhaps, never heard to use a quotation, either in verse or
prose--except, of course, in the latter instance, books of legal
authority, treatises, and reports of cases. Of fancy, of imagination, he
appeared quite destitute. If originally possessed of any, it must for
many years have been overpowered and extinguished, by the incessant and
exclusive exercise of his memory and reasoning powers, for the purposes
of business. Yet was he capable, on great and interesting occasions,
when addressing either the full court or a jury, of riveting the
attention and exciting the emotions of his hearers. Trickery, however
compact and strong its meshes, he tore to pieces contemptuously, and
with scarce an effort; nothing could escape his penetrating eye; it
detected those faint vanishing traces of fraud, which were invisible to
all other eyes. If there be genius in advocacy, Sir William Follett was
undoubtedly a man of genius; and genius may perhaps be taken to signify
great natural powers, accidentally directed--or, a disposition of
nature, by which any one is qualified for some peculiar employment. What
intellectual qualifications and resources are not requisite to
constitute a first-rate advocate? If the Duke of Wellington has a genius
for military affairs, so had Sir William Follett for advocacy--and
genius of a very high order, as will be testified by all those before
whom, or on whose behalf, he exhibited it--alike by clients or
judges--as by opponents. If he were a very subtle sophist himself, he
was himself one on whom no sophistry could impose. It fled before the
penetrating glance of his aquiline eye. Faculties such as his must have
secured him eminence in any pursuit or walk in life to which he might
have devoted himself; particularly to the military profession, to which
it is believed he always had a strong inclination. Who can doubt that if
his lot had been placed from the first in political life, he would
quickly have become pre-eminent in the senate, and as a statesman? Who
that knew him, but would pronounce him to have been pre-eminently fit
for political life, to govern men of intellect, to deal with great
affairs and mighty interests--to detect and discomfit the adversaries of
peace and order, to vindicate the laws, and uphold the best interests of
society? All this he might have been; _sed dîs aliter visum_--he devoted
himself, heart and soul, throughout life, to the labours of the bar, and
the acquisition by them of a rapid and large fortune, and official
distinction. In all these aims he must have succeeded to his heart's
content; for he was for many years the most distinguished and popular of
advocates; he became the Queen's Attorney-general, and died in the prime
of life, leaving behind him a fortune of some two hundred thousand
pounds. That great class of persons who constituted his clients, will
always remember his brilliant and successful exertions with gratitude.
His brethren who were opposed to him, heartily acknowledge the
pre-eminence of his abilities and professional acquirements; and they,
as well as the junior bar, who for years watched his brilliant
exertions, must acknowledge that the one in struggling with him, and the
other in witnessing those struggles, have witnessed an instructive
exhibition of forensic excellence--a model of advocacy. To prepare for a
contest with Sir William Follett, and to contend with him, called forth
all a man's energies, and formed a severe and salutary discipline for
the strongest. "Their antagonist was their helper: they that wrestled
with him, strengthened their nerves, and sharpened their skill: that
conflict with difficulty obliged them to an intimate acquaintance with
their object, and compelled them to consider it in all its relations,
and would not suffer them to be superficial."[E] In him they saw daily
in exercise, many of the greatest qualities of advocacy--and beheld it
triumphing over every imaginable kind end degree of obstacle end
difficulty. He showed them how to maintain the bearing of gentlemen, in
the moments of hottest exasperation and provocation which can arise in
forensic warfare. He taught them how to look on success undazzled--to
bear it with modesty of demeanour, and subordination of spirit. He
exhibited to them the inestimable value of early acquiring accurate and
extensive local knowledge--of being thoroughly imbued with the
_principles_ of jurisprudence, and habituating the mind to close and
correct reasoning. The traces of his surpassing excellence in these
matters, are now to be found nowhere but in the volumes of Law Reports,
where the essence of his innumerable masterly arguments will be found
collected and preserved by gentlemen of patient attention and learning
competent for the task, and on whose modest but valuable labours will
hereafter depend all that posterity will know of Sir William Follett.
These are the legitimate records of his intellectual triumph; as are the
prosperous circumstances in which he has left his family, _to them_ a
solid and noble testimonial of his affectionate devotion to their
interests. Their fortune was the purchase of his life's blood. The
acquisition of that fortune absorbed the whole of his time, and of his
energies; it deprived him of thousands of opportunities for relaxation
and enjoyment, and also--it must be added--for the exercise of virtues
which probably he possessed, but gave himself little or no time for
calling into action--of those virtues which elevate and adorn the
individual, while they benefit our fellow-creatures and society--for
performing the duties which God Almighty has imposed upon his creatures,
proportionately to their endowments and opportunities, himself telling
us, that _to whom much is given, of him shall much be required_. To the
young, eager, and ambitious lawyer, the contemplation of Sir William
Follett's career is fraught with instruction. It will teach him the
necessity of _moderation_, in the pursuit of the distinctions and
emoluments of his profession. By grasping at too much often every thing
is lost. Was not Sir William Follett's life one uninterrupted scene of
splendid slavery, the pressure of which at length broke him down in the
meridian of his days? Had he been able to resist the very strong
temptations by which he was assailed--temptations, too, appealing
powerfully to his love of family and offspring--a long life's evening of
tranquillity, of unspeakable enjoyment, might have rewarded a day of
great, yet not excessive, labour. He might also have devoted his
powerful talents to the public benefit, in such a way as to secure the
lasting gratitude and admiration of posterity, by remedying some great
existing defect in his country's jurisprudence, by making some solid
contribution to the safeguards of the constitution. But did he ever do
so? All his great experience, talents, and learning, might never have
existed, for any trace of them remaining in the records of his country's
constitution. What page in the statute-book attests his handiwork? And
what did he ever do to advance the interests of the profession to which
he belonged? These are questions asked with sorrowful sincerity and
reluctance, and with every disposition to make the amplest allowances
for those failings of Sir William Follett, which undoubtedly detracted
somewhat from his excellence and eminence. He was a man of modest, mild,
inoffensive character, who spoke ill of, and did harm to, no one; but,
at the same time, was not distinguished by that active and energetic
benevolence, liberality, and generosity, which secure for the memory of
their exhibitant, ardent, enduring gratitude and reverence. His
excellence was of a negative, rather than a positive kind. He did harm
to no one, when he might have done so with impunity, and was possibly
sometimes tempted to do so; but then he did not do good, at all events,
to the extent which might have been expected from him. He was, however,
by no means of a mean or selfish nature; but in his excessive, and to a
certain extent pardonable, eagerness to make what he deemed a suitable
provision for himself and his family, gave himself the appearance of
being comparatively indifferent to the interests or welfare of others.
It is, however, only fair to his memory to acknowledge, that legal
eminence is too often liable to the same imputations--that professional
pursuits have certainly a strong tendency to warp amiable and generous
natures--to keep the eye of ambition, amidst the intense fires of
rivalry and opposition, fixed exclusively upon one object--the interest
and advancement of the individual. Nothing can effectually control or
counteract this tendency, but a lively and constant sense of religious
principle; which enlarges the heart till it can _love our neighbour as
ourself_, which brightens the present with the hopes of the future,
which purifies our corrupt nature, and elevates its grovelling earthward
tendencies by the contemplation of an eternal state of being dependent
upon our conduct in this transient state of trial. Who can tell the
extent to which these and similar considerations are present to the
minds of the dying great ones of the earth, who, suddenly plucked from
amidst the dazzling scenes of successful ambition, are laid prostrate
upon the bed of death--their _pale faces turned to the wall_, with
HEREAFTER alone in view, and under an aspect equally _new_ and awful?
Let us, therefore, be wise, and be wise in time, nor haughtily disregard
the earnest voice of warning, however humble and obscure may be the
quarter whence it comes.
Sir William Follett belonged to a respectable family in Devonshire, and
was born on the 2d December 1798. In 1814 he went to Trinity College,
Cambridge, and took the degree of B.A. in 1818, without any attempt to
obtain _honours_; quitting college in this latter year, and entering the
Inner Temple, he prosecuted the study of the law in the chambers of
eminent practitioners, where he continued for three years--and then
practised for about three years as a special pleader. He was called to
the bar in 1824, and went the western circuit, but for one or two years
was much disheartened by his want of success. He expressed, on one
occasion, his readiness to accept of the place of police magistrate, if
it were offered! His progress was, soon afterwards, signal, and all but
unprecedentedly rapid. He was appointed Solicitor-general in 1834, while
yet behind the bar, and in 1835 was returned for Exeter, for which place
he sate till his death. He quitted office with Sir Robert Peel in 1835,
but returned with him to it in 1841, and became Attorney-general in
1844, on the promotion of Sir Frederick Pollock to the chief seat in the
Court of Exchequer. For several years before Sir William Follett's
decease, his constitution, never of the strongest, was broken by his
incessant and severe labours; and in 1844, having been obliged to give
up practice altogether, he went to Italy at the close of the
session--having attended at the bar of the House of Lords, to lead for
the Crown in the O'Connell case. He was, however, quite unfit for the
task. His spine was then so seriously affected, that he was obliged to
sit upon a raised chair while addressing the House, the Chancellor and
the other Lords, out of great consideration for the distinguished and
enfeebled speaker, moving down to the lower end of the House, close to
the bar, in order to occasion him as little exertion and fatigue as
possible. He did not speak long, and the effort greatly exhausted him;
and it was not without difficulty, owing to something like partial
paralysis of the lower extremities, that he could walk from the House.
He returned from the Continent in March 1845, a little better than when
he had gone, and endeavoured to resume the discharge of such of his
less onerous, professional, and official duties as admitted of their
being attended to at his own house. He continued to listen to patent
cases, attended by counsel, till within a short period of his being
finally disabled; but every one saw with pain the total exhaustion under
which he was suffering. Finding himself rapidly declining, in May 1845,
he wrote a letter to the Prime Minister, proffering the resignation of
his office of Attorney-general.
He soon afterwards retired, for the advantage of some little change of
air, to the house of a relative in the Regent's Park, where he enjoyed
the soothing attentions of his family, and reverently received the
consolations of religion. The public manifested great anxiety to have
the state of his health, and the morning and evening newspapers
contained regular announcements on the subject, as in the case of
persons of the highest distinction. Her Majesty, Prince Albert, also,
with numbers of the nobility, sent daily to enquire concerning him. For
the last day, or possibly two days of his life, he became unconscious,
and slightly delirious--and expired, without apparent pain, on Saturday
afternoon, the 28th June 1845. For a long series of years, the death of
no member of the legal profession had excited a tithe of the public
concern which followed that of Sir William Follett, the
Attorney-general. The bar felt that its brightest light had been almost
suddenly extinguished. Its most gifted members, and those of the
judicial bench, heartily acknowledged the transcendence of his
professional qualifications, and the unassuming peacefulness with which
he had passed through life. Had he lived to occupy the highest judicial
seat--the woolsack--few doubted that, when relieved from the crushing
pressure of private practice, he would have displayed qualities
befitting so splendid a station, and earned a name worthy of ranking
with those of his great predecessors.
His funeral took place on Friday, the 4th of July, at the Temple church.
He was a bencher of the Inner Temple, and his remains repose in the
vault at the south-eastern extremity of the church. For nearly two hours
before the funeral took place, the church--a chaste and splendid
structure--had been filled with members of the bar, and a few others,
all in mourning, and awaiting, in solemn silence, the commencement of
the mournful ceremony. At length the pealing of the organ announced the
arrival of the affecting moment when the body of Sir William
Follett--himself having been not very long before a worshipper in the
church--was being borne within its walls, preceded by the surpliced
choir, chanting the service, in tones which still echo in the ears of
those who heard them. All rose silently, with moistened eyes, and
beating hearts, as they beheld, slowly borne through the aisle, the
coffin which contained the prematurely dead--him whose figure, erect and
graceful in forensic robes, and dignified in gesture, had so recently
stood among them, their cheerful and gifted associate in the anxious
business of life--from whose lips, now closed for ever, had but lately
issued that rich, harmonious voice, whose tones had scarce, even then,
died away! They were bearing him to his long home, with all the solemn
pomp and circumstance which testify the reverence paid to departed
eminence: and when the coffin was placed beside the altar, at the mouth
of the vault, no language can adequately describe the affecting and
imposing scene which presented itself. The pall had been borne by the
Prime Minister, (Sir Robert Peel,) the Lord Chancellor, one of the
Secretaries of State, (Sir James Graham,) and the Vice-Chancellor of
England; and amongst those who followed, were Lord Brougham, Lord
Langdale, the Chief-Justice of the Common Pleas, and many of the judges,
(almost all the courts, both of law and equity, having suspended their
sittings on account of the funeral;) while in the body of the church
were to be seen nearly all the distinguished members of the bar, who had
been, up to a very recent period, opposed to, or associated with, him
whose dust was now on the point of being committed to its kindred dust.
Nearest to the body sat the three great ministers of the Crown, who had
come to pay their tribute of respect to the remains of their gifted and
confidential adviser; and their solemn countenances told the deep
impression which the scene was making upon them, so illustrative of the
fleeting shadowiness of earthly greatness! and their reflections must
have been akin to those which--as may have occurred to them--their
own obsequies might, at some future period, excite in the
spectators--reflections such as those with which a great one,
departed,[F] closed his grandest labours.
"Oh, eloquent, just, and mighty death! whom none could advise, thou hast
persuaded; what none hath dared, thou hast done: and whom all the world
hath flattered, thou only hast cast out of the world and despised. Thou
hast drawn together all the far-stretched greatness, all the pride,
cruelty, and ambition of man, and covered it all over with these two
narrow words--HIC JACET!"
FOOTNOTES:
[A] This has been recently the subject of a decision of the Court of
Queen's Bench, in the case of _Egan_ v. _The Guardians of the Kensington
Union_, 3 Queen's Bench Reports, p. 935, note (_a_). The same rule
applies to physicians. _Veitch_ v. _Russell_, _ib._ 928.
[B] Leading counsel, indeed all counsel much engaged in business,
necessarily place their time almost altogether at the disposal of their
clerks, whose duty it is to keep an exact record of their employer's
engagements, and see that no incompatible ones are made for him. Counsel
find quite enough to do, in adequately attending to the matters actually
put before them by their clerks, without being harassed by adjusting the
very troublesome arrangements and appointments, for time and place,
where their duties are to be performed or, at all events, doing more
than keeping a general superintendence over their arrangements thus
made. To all this must be added those innumerable contingencies in the
arrangements of the courts, and the course of business, which no one can
possibly foresee; and which often derange a whole series of
arrangements, however cautiously and prudently made, and render counsel
unable, after having carefully mastered their cases, to attend at the
trial or argument.
[C] The clerk of a barrister has a fee on every fee of his employer, in
a long-settled proportion of 2s. 6d. on all fees under five guineas;
from, and inclusive of five guineas, up to ten guineas, 5s.; from ten
guineas, 10s., and so on for higher fees.
[D] _Phil._ c. vi. sec. 7.
[E] Adapted from Edmund Burke.
[F] Sir Walter Raleigh--_History of the World_, last paragraph.
LET NEVER CRUELTY DISHONOUR BEAUTY.
The words chosen as the subject of the following verses, form the first
line of an antiquated song, of which the remainder seems not to have
been preserved.--See Mr Dauney's "_Ancient Scotish Melodies_," p. 227.
"Let never Cruelty dishonour Beauty"--
Be no such war between thy face and mind.
Heaven with each blessing sends an answering duty:
It made thee fair, and meant thee to be kind.
Resemble not the panther's treacherous seeming,
That looks so lovely to beguile its prey;
Seek not to match the basilisk's false gleaming,
That charms the fancy only to betray.
See the great Sun! God's best and brightest creature--
Alike on good and ill his gifts he showers:
Look at the Earth, whose large and liberal nature
To all who court her offers fruits or flowers.
Then, lady, lay aside that haughty scorning--
A robe unmeet to deck a mortal frame;
Mild be thy light, and innocent as morning,
And shine on high and humble still the same.
Bid thy good-will, in bright abundance flowing,
To all around its kindly stream impart;
Thy love the while on One alone bestowing,
The fittest found, the husband of thy heart!
THE LAST HOURS OF A REIGN.
A TALE IN TWO PARTS.--PART II.
CHAPTER III.
"A deep and mighty shadow
Across my heart is thrown,
Like a cloud on a summer meadow,
Where the thunder wind hath blown!"
BARRY CORNWALL.
At this period of French history, and even up to a period much later,
the bridges which crossed the Seine, and connected the two separate
parts of the city of Paris, were built over with houses, and formed
narrow streets across the stream. These houses, constructed almost
entirely of wood, the beams of which were disposed in various
directions, so as to form a sort of pattern, and ornamented with carved
window-sills and main-beams, were jammed together like figs in a cask,
and presented one gable to the confined gangway, the other to the water,
which, in many cases, their upper story overhung with a seemingly
hazardous spring outward. Towards the river, also, many were adorned
with wooden balconies, sheltered by the far-advancing angles of the
roofs; whilst beneath, upon the water, the piles of the bridge were
encumbered by many water-mills, to the incessant noise of which, habit
probably reconciled the inhabitants of the houses above.
In an upper room in one of the houses which, after this fashion, lined
the _Pont au Change_, sat, on the evening of the day on which Philip de
la Mole had escaped from the Louvre, three persons, the listlessness of
whose attitudes showed that they were all more or less pre-occupied by
painful reflections.
The principal personage of this group--a woman between fifty and sixty
years of age--lay back on a large wooden chair, her eyes fixed on
vacancy. Her dress was of simple dark stuff, very full upon the sleeves
and below the waist, and relieved by a small white standing collar; a
dark coif, of the fashion of the period, covered the grizzled hair,
which was drawn back from the forehead and temples, leaving fully
exposed a face, the rude features and heavy eyebrows of which gave it a
stern character. But in spite of this severity of aspect, there
naturally lurked an expression of goodness about the mouth and eyes,
which spoke of a kindliness of disposition and tenderness of heart,
combined with firmness and almost obstinacy of character. Those eyes,
however, were now vacant and haggard in expression; and that mouth was
contracted as if by some painful thought.
By her side, upon a low stool, was seated a fair girl, whose attire was
as plain as that of the more aged woman; but that lovely form needed no
aids of the toilet to enhance its beauty. The fair brown hair brushed
off from the white brow, in the graceless mode of the day, hid nothing
of a face which had all the purity of some beautiful Madonna; although
the cheek was pale, and the lines of the physiognomy were already more
sharpened than is usual at years so young. Her head, however, was now
bent down over a large book which lay upon her knees, and from which she
appeared to have been reading aloud to the elder woman; and, as she sat,
a tear dropped into its pages, which she hastily brushed away with her
fair hand.
The third person, who completed the group, was a young man scarcely
beyond the years of boyhood. His good-looking round face was bronzed and
ruddy with fresh colour, and his dark eyes and full mouth were
expressive of natural gaiety and vivacity. But he, too, sat leaning his
elbows upon his knees, and gazing intently, and with a look of anxiety,
upon the fair girl before him; until, as he saw the tear fall from her
eye, he turned impatiently upon his stool, and proceeded to polish, with
an animation which was not that of industry, the barrel of a gun which
lay between his knees.
The room which formed the groundwork to the picture composed of these
three personages, was dark and gloomy, as was generally the interior of
the houses of the time; a large wardrobe of black carved wood filled a
great space of one of the walls; presses and chests of the same dark and
heavy workmanship occupied considerable portions of the rest of the
room. The low casement window, left open to admit the air of a bright
May evening, looked out upon the course of the rapid Seine, and gave a
cheering relief to the dark scene. The hazy rays from the setting sun
streamed into the room; and from below rose up the sound of the rushing
waters, and the wheels of the mills, mixed with occasional cries of men
upon the river, and the more distant murmur of the city. The scene was
one of calmness; and yet the calmness of those within that room was not
the calmness of repose and peace.
It was the youth who first spoke.
"Jocelyne," he said in a low tone, approaching his stool nearer to that
of the fair girl, and then continuing to polish his gun-barrel without
looking her in the face--"if you knew how it grieves me to see you thus!
You sit and droop like a bird upon the wintry branch, when I would fain
see you lift your head and chirp, as in days gone by, now that summer
begins to gladden around us."
The maiden thus addressed looked at him with a languid smile, and then
faintly shook her head.
"How would you have me gay, Alayn," she said softly, "when our
grandmother continues thus?"
Alayn made a gesture of doubt, as if he would have said, that solicitude
for her grandmother was not the only cause of Jocelyne's sadness; but he
made no observation to that effect, and, nodding his head towards the
older woman, asked in a low tone--
"How is Dame Perrotte to-day? She did not answer my greeting on my
entrance; and during your reading from that forbidden book of Scripture,
she has uttered not a word."
"You may speak aloud," replied Jocelyne. "When she is in this state, she
does not hear us. She is fully absorbed in her sad thoughts. I have
seldom seen her more troubled than she has been for some few days past.
One would suppose that the return of sunny summer days recalls more
fearfully to her mind that epoch of carnage and destruction at the fête
of St Bartholomew, when the heavens above were so joyous and bright,
whilst below the earth was reeking with blood, and your poor father
perished, Alayn, for his religion's sake. I have ever remarked, when the
sun shines the cheeriest, her spirit is the darkest."
"Will she not speak to me?" enquired Alayn.
"No," replied his cousin. "When in these deepest moods of melancholy,
she will not speak but upon the subject of those fatal days, or if her
attention be aroused by the mention of her slaughtered kindred; and
Heaven forbid that an unguarded word from me should excite so terrible a
crisis as would ensue!"
"And she remains always thus now?" asked the youth.
"Not always," answered Jocelyne. "There are times when she is as of old,
and speaks to me with calmness. But at these better hours she makes no
mention of the past."
"She never talks, then, of returning to the palace?" continued Alayn,
with an evident air of satisfaction upon his round ruddy face.
"Never," replied the girl, with an involuntary sigh.
"And yet her foster-son, the king, has often sent for her."
"Hush!" interrupted Jocelyne. "Let not that name strike upon her ear.
Although she hears us not, the very word might, perchance, call up
within her recollections I would were banished from her mind for ever.
The name of her nursling, whom she once loved as were she his own
mother, and he had not worn a crown, is now a sound of horror to her.
Often has she cursed him in the bitterness of her heart," she continued
in a low tone of mystery, as if fearful lest the very walls should hear
her confidence, "as the slayer of the righteous. She never can forgive
him the treacherous order given for that murderous deed of slaughter and
destruction."
"But he protected her from all harm in that general massacre of our
party in religion, from which so few of us escaped," said Alayn.
"She would rather have died, I verily believe," pursued the fair girl
shuddering, "than have lived to see her own son fall, so cruelly
murdered by the son of her fostering care."
"And she never will return to him again?" enquired the young man with
another gleam of satisfaction.
Jocelyne shook her head.
"So much the better. So much the better," pursued Alayn stoutly. "For
then I can see you when I will, fair cousin Jocelyne, and come and sit
by your side as I do now, to continue my work with the permission of my
master the armourer, who, whatever he may say, is as good a Calvinist at
heart as ourselves, I am sure. And you will return no more with my
grandmother among those villanous popinjays about the court, who are
ever for telling you soft tales of love, and swearing that your eyes are
the brightest in creation--as, to be sure, they are; and that never such
an angel walked the earth--as, to be sure, there never did; but who mean
it not well with you, cousin Jocelyne, and would but have their will to
desert you and leave you to sorrow, and who, with all their gilded
finery, are not worth one inch of the coarse stuff of a stout-hearted
honest artisan who loves you, and would see you happy; although I say
it, who should not say it."
Jocelyne drew up her head proudly as if about to speak; but, as her
melancholy pale hazel eyes met those of her cousin, sparkling with
animation and good-humour, she only turned herself away, whilst a bright
flush of colour overspread that cheek but a moment before so pale.
"Why, look ye, cousin Jocelyne," continued the youth once more, after a
moment's pause; "it will out, in spite of me, all that I have got to
say. I cannot see your pale cheek and tearful eye, and hear the sigh
that ever and anon breaks so painfully from your bosom, but that, all
simple as I be, I can tell it is not only for our poor grandmother you
sorrow. Mayhap I have heard what I have heard, and seen what I have seen
besides; but never mind that. Believe me, you sorrow for those who love
you not truly as there are others who love you--you pain your heart
until you will break it, for those who play you false."
"Alayn, I can hear no more of this! You know not what you say!" cried
the fair girl hastily; and, laying down upon the table her book, she
arose and walked away from him to lean out of the window.
"Nay, pardon me, cousin Jocelyne," exclaimed the youth in a pained tone,
also rising and advancing towards the window. "I do but speak as I
should and must speak, being your well-wisher--I mean you well, God
knows. And the time will come when you too will know _how_ well!"
Jocelyne turned her eyes, which were moist with tears, to her cousin;
and, stretching out her hand to him, she said, with all that romantic
fervour of the ingenuous girl which almost wears the semblance of
inspiration--
"Alayn, I know you love me, and that you mean it well with me. You are a
kind and sincere brother to me. But, oh! you cannot read the deep deep
feelings of the heart, or judge how little words have the power, like
the charms we read of, to heal its wounds and wrench asunder the chains
that bind it for ever and ever! The ivy, when torn from the stem to
which it clings, may wither and die, but it cannot be attached to
another trunk, however skilful the hand of the gardener who would attach
it."
The youth took her hand, and, as she again turned to the window to hide
her increasing emotion, shook his head sadly and doubtfully; then,
returning to his stool, he took the gun-barrel between his knees with a
movement of impatience, and continued his occupation of polishing it,
although his eyes were constantly fixed askance upon the graceful form
of the girl as she leant upon the window sill.
Presently the old woman moved uneasily in her chair, and, placing her
hands firmly upon its arms, as if about to rise from her seat, she
exclaimed aloud--
"Vengeance is mine, saith the Lord, and I will avenge the blood of the
righteous!"
Both Jocelyne and Alayn turned; but, before the fair girl could hurry
to her grandmother's side, she had sunk down again into her chair,
murmuring--
"No, no! enough of blood! enough of vengeance! God pardon him, and turn
the hearts of those who counseled him to this deed."
"Give me my Bible, Jocelyne my girl," said again the old woman after a
pause. "It seems I have not read it for many a long hour. God forgive
me! But my poor head wanders strangely. Ah! is it you Alayn? Good-day to
you," she continued, as if she had then first become aware of the
presence of her grandson.
Jocelyne hastily gave her grandmother the volume which she had laid down
upon the table; and whispering in her cousin's ear, as she passed, "She
has spoken, she will be better now," sat down once more by her side.
A silence again pervaded that still room, when suddenly a noise of steps
resounded upon a wooden stair. They approached the door, upon which a
hurried knocking was now heard. Before Jocelyne, who, at the sound of
these steps, had clasped her hands before her, with an expression of
surprise and almost of alarm, had fully risen from her seat, the door
was flung open, and a man enveloped in a cloak, and with a jewelled hat
sunk low upon his brow, entered hastily.
He closed the door, and then gazed with a rapid glance around him.
Jocelyne had sprung up with a suppressed cry.
"Ah! I am not mistaken," said the man advancing, and removing his hat.
"Jocelyne! Dame Perrotte! I am a fugitive, and I seek a shelter at your
hands. I could not trust myself to those who call themselves my friends;
others who might have protected me, I know not where to find, but I
bethought myself of you--of you, Jocelyne--and"----
"Philip! Monseigneur," stammered the astonished girl. "You--here--and a
fugitive!"
"Do you not know me?" said the fugitive to Dame Perrotte, who had risen
from her chair, and stood staring at him as if with a return of troubled
intellect.
"Not know you?" exclaimed the old woman rising. "I know you well, Philip
de la Mole! And is it you, the Catholic, who seek a shelter beneath the
roof of the proscribed and outlawed Huguenot?"
"But it is in the cause of your religion that I have conspired, my good
woman, and that I am now compelled to fly," replied La Mole; "it was for
one, who, as chief of your party, would have espoused your quarrel, and
re-established your influence in the land."
"Ay, for your master, the shallow Duke of Alençon," responded Perrotte
coldly. "False, hollow ambition all! And ye call that the cause of
religion--Mockery! Yes, I know you well, Philip de la Mole, who in the
hour of bloodshed," she continued, growing more and more excited, "could
approve the hellish deed, and who now can babble of sacrifice and
self-offering in the cause of our religion."
"You belie me, woman," said La Mole proudly.
"Yes, I know you, Philip de la Mole," pursued the old woman with knitted
brows and flashing eyes; "you, who, to amuse your hours of idleness,
could talk of love to a poor trusting girl, heedless how you destroyed
her peace of mind, had you but your pastime and your jest of it."
"Grandmother!" cried Jocelyne in the bitterest distress.
"It was he, then!" exclaimed Alayn, advancing upon the fugitive
nobleman, with the gun-barrel raised in his arm.
"If you love me, forbear!" screamed his cousin, flinging herself before
him.
"I had hoped to have found shelter among honest hearts, whom misfortune
should have taught pity," said the fugitive proudly, and unmoved; "and I
have erred--unjust hate, prejudice, inhospitality, are the only virtues
practised beneath this roof. I will again brave the danger, and seek
elsewhere that kindly feeling I find not here. Jocelyne, my sweet pretty
Jocelyne, farewell!"
With these words La Mole moved towards the door. The old woman regarded
him motionless, and with the same cloud of irritation on her brow. Alayn
seemed equally inclined to prosecute his first hostile intention; but
Jocelyne sprang after the retreating nobleman and caught him by the arm.
"Grandmother," she said, drawing herself up to her full height, and
leaning fondly against La Mole--"if any one have erred, it is I, and I
alone. It was I chose him _forth_ as the noblest, the brightest, the
best among those who glittered about the court, in which we humbly
lived. I had given him my heart ere he had deigned to cast a look upon
me. If I have loved him--if I love him still--it is because I alone have
sought it should be so."
"Jocelyne! be still, sweet girl," said La Mole, affected, and moving
towards the door.
"And were he our bitterest enemy," continued the excited girl, still
clinging to his arm, "he is now a proscribed fugitive--no matter
why--God sends him to us--and it is ours to save, not to condemn him."
"But it is said, that the enemy of the righteous shall perish from the
earth," said her grandmother sternly; "it is not I condemn or kill him.
If it be the will of God that his cause of error cease, let him go forth
and die."
"If he die, mother," exclaimed Jocelyne with energy, "I shall die too. I
have given him my heart, my life, my soul--punish me as you
will--trample me at your feet. But I love him, mother; and, if you drive
him forth to be hunted by his enemies to the death, your child will not
survive it."
Alayn had turned away in bitterness of heart, and the old Huguenot
woman, although giving way more and more to that excitement, which, at
times, fully troubled her reason, only wrung her hands, as if moved by
the address of the agitated girl.
"Stay! stay, Monseigneur," continued Jocelyne, as La Mole again pressed
her hand and turned to depart. "She relents--she has a kind heart; and
she would not, surely, deliver up the guest who begs shelter at her
threshold, into the hands of those who seek to capture and to kill him."
"Let me go forth, Jocelyne! farewell!" repeated La Mole.
"Mother!" again commenced the unhappy girl, throwing herself down to
clasp the knees of her grandmother, who, overcome by the violence of her
feelings, had sunk back again into her chair. "Mother! would your
husband, or your son, have driven even their deadliest enemy from their
door?"
"Speak not of my son, girl; or you will drive me mad!" cried Perrotte,
clasping her hands before her face.
Jocelyne sprang up with a look of despair, and returned to detain once
more La Mole.
As they thus stood, and before the old woman had again stirred, or Alayn
interfered, a rumour from the street formed by the bridge, caught the
ear of the excited girl.
"What is that?" she exclaimed, starting in alarm.
"The agents of the Queen-mother sent in my pursuit, probably," replied
La Mole coolly, and disengaging himself from the convulsive embrace of
Jocelyne. "How they have tracked me, I know not. So be it, then. I had
hoped for the sake of others to avoid their hands; but I am prepared to
meet my fate."
"No, no," screamed Jocelyne. "It cannot be! Mother--mother, would you
see him made a prisoner in your own house--murdered, perhaps, before
your very face!"
Alayn moved towards the door; and the girl sprang to intercept him.
"Would you be so base? Would you have me hate you?" cried the poor girl
in despair, to her cousin.
Many steps were now heard ascending the lower stair. The old woman, who
trembled in every limb, stirred not from her chair; but, removing one
hand from her face, she stretched it out towards a corner of the room.
"Ah! I understand you, mother," exclaimed Jocelyne. "That secret closet
where our books of religion are deposited, where our old priest, during
the massacre, was hid!"
"Whilst my son perished--a victim--a martyr!" groaned the old woman,
fearfully agitated.
"Come, come, Monseigneur," pursued the excited girl; and, in spite of
the unwillingness of La Mole to profit by a hospitality thus bestowed,
she dragged him to one corner of the room, and pushing back the spring
of one of those secret recesses then so commonly constructed in all
houses, as well of the bourgeois as the nobles, on account of the
troubles and dangers of the times, she compelled him by her entreaties
to enter a dark nook--then hastily closing the aperture, she exclaimed,
"God shield him!" and sank down into the stool by her grandmother's
side.
"Alayn!" she said, in a low hurried tone, as the heavy steps still
mounted the stairs, "you will be silent, will you not? You will not
betray him, and see the poor girl, whom you profess to love, die at your
feet!"
The youth shook his head with a gesture of resignation, although the
frown upon his brow showed how painful were the feelings that he
suppressed.
"Mother!" whispered Jocelyne once more to the old woman. "Calm your
agitation--oh! let not a word, a gesture, betray our secret! Stay! I
will read to you!" And she seized the Bible, then a dangerous book to
produce thus openly before Catholic agents of the court, and took it on
her lap.
Perrotte answered not a word, but continued to rock herself with much
agitation from side to side in her chair.
The noise of the arquebuses of soldiery was now, in truth, heard on the
landing-place. A heavy blow was given on the panels of the door; and,
without waiting for permission to enter, a man in the military
accoutrements of the period, whose head was crowned with a high hat,
adorned with a short red feather, advanced into the room with an air
which betrayed at once a strange mixture of effrontery and hypocrisy.
"Landry!" exclaimed together both Jocelyne and Alayn.
"Captain Landry, at your service," said the man; "or, if you will, at
the service of her majesty the Queen-mother. Good-day, my gentle cousins
both. Good-day to you, my good aunt Perrotte. How goes it with her now?
Her head was somewhat ailing as I heard, since she had left the court."
And he touched his forehead significantly with his finger.
"She is well!" answered Jocelyne hastily, trembling in spite of her
efforts to be calm.
"But this is no visit of ceremony, my good friends," continued Captain
Landry, with some haughtiness of manner. "I come upon state affairs. A
criminal of rank, who has conspired against the life and person of the
king, has escaped; and we are sent in his pursuit. We have contrived to
track him of a surety to this neighbourhood; and, as I bethought me that
this same delinquent was a friend of my fair cousin Jocelyne, who,
although she has received my offers of affection with disdain, could
look upon another with more favour, I doubted not that I should find
news of him in her company. Know you of none such here, sweet cousin?"
"I know not of whom you speak," said Jocelyne, her colour varying from
the flush of emotion to the deadly paleness of fear.
"And you, Alayn, boy, since our fair cousin's memory is so short, can
doubtless tell me. Has no one entered here within the last half hour?"
"No one!" answered Alayn sturdily; but he then turned and moved to the
window to hide his confusion.
The Queen's agent shrugged his shoulders.
"And my good aunt has had no visitors?" he resumed, advancing towards
the old woman.
Perrotte lifted her head, and regarded the captain fixedly, and with a
look of scorn, but said not a word.
"Search!" said the officer, turning to the soldiers, who had waited
without.
The men entered; and in a few instants the scanty and small rooms
attached to the principal apartment were examined. The captain was
informed that no one could be found. For a moment he looked
disappointed, and paused to reflect.
"Their trouble is evident," he murmured to himself. "He may still be
here. The reward for his capture is too great to be given up lightly;
and, besides, I hate the fellow for the love she bears him--I will leave
no stone unturned."
"Dame Perrotte!" he said returning to the old woman, and speaking to her
in a low tone of voice--"A criminal of state has escaped from the king's
justice. In spite of the protestations of your grandchildren, I cannot
doubt that he is concealed hereabouts; and you must know where. You
will not fail, I am sure, to indicate the place of his retreat, when you
know that, as the friend of those who have proved the bitterest enemies
of your religion, he must also be your deadly enemy."
"And is it Landry, the recreant, the apostate, the only seceder of our
family from the just cause, who speaks thus?" said the old woman lifting
her head with a haggard expression.
"The necessary policy of the times," whispered the captain, sitting down
on the stool by her side, and approaching himself confidentially nearer,
"has compelled me, like many others, to be that in seeming which we are
not in heart. Has not our chief, Henry of Navarre, yielded also to the
pressure of the circumstances in which he lives? Judge me not so
harshly, good aunt. But this criminal--he is one of those who have
hunted and destroyed, who have cried--'Down with them; down with the
Huguenots--pursue and kill;' and you would withdraw him from the
punishment he merits?"
"He! he! Was it, so?" muttered Perrotte, with eyes staring at the
vacancy before her.
"Do you not fear to pass for the accomplice of his crimes?" continued
Captain Landry in her ear. "Know you not that he has attainted the life
of your nursling by deeds of sorcery, and that Charles IX., our king,
now lies upon his death-bed."
"Who speaks of Charles?" exclaimed the old woman with increasing
wildness and excitement. "Charles and death! Yes, they go hand in hand!"
"Landry! You shall not torture our poor mother thus," cried Jocelyne
springing towards them, in order to interrupt a conversation which she
had been witnessing in agony, although she could not hear it, and the
effect of which upon her grandmother's unsettled mind became every
moment more visible.
"Fair cousin, with your leave!" replied the captain. "I am bound to do
the duties of my office. I shall be grieved to use constraint." And,
waving his hand to her to withdraw, he made a sign to the soldiers to
approach both Jocelyne and Alayn, and prevent their interference.
Jocelyne wrung her hands.
"Do you not fear the reproaches of your murdered son?" continued Captain
Landry, turning to Perrotte, with an expression of perfidious hypocrisy
in his eyes, and again pouring his words lowly, but distinctly, into her
ear. "Do you not fear that he should rise from his tomb, and, showing
the bloody wounds of that fatal night, cry for vengeance on his
murderers, and curse the weakness of that mother who would screen and
shelter them? Do you not fear that Heaven should condemn you as a friend
to the destroyers of the righteous? Think on your slaughtered kindred,
woman!"
"Mercy! mercy! my son!" cried the old woman, springing up with her hands
outstretched, as if to repel a spectre. "Oh! hide that streaming blood!
Look not so angry on me! Blood shall have blood, thou say'st; so be it.
Vengeance is the Lord's! and He shall avenge his people!"
"Where is he?" enquired Landry, also rising, and watching her every
movement.
"There! there!" exclaimed the excited woman, pointing to the corner of
the room.
In spite of the attempt of Jocelyne, who was now restrained by the
soldiers, to interrupt him, Captain Landry walked to the corner
indicated, and after a few attempts succeeded in discovering the secret
of the concealed recess.
"Count Philip de la Mole, you are my prisoner, under warrant of his
majesty the King, and by order of the Queen-mother," he said, as the
young nobleman appeared to view.
Jocelyne uttered a cry of despair.
"Conduct me where you are bidden, sir," said La Mole, offering his
sword. "My sweet Jocelyne, farewell!--your kindly interest in my fate I
shall never forget. But we shall meet again. Fear nothing for me; I will
prove my innocence."
The unhappy girl fell at the feet of the captured nobleman, and wetted
his outstretched hand with her tears, as she pressed it to her lips.
"My strict orders," said Captain Landry, "were to arrest all those who
should be convicted of harbouring the criminal. Forget not, then,
cousin Jocelyne, that I spare you so hard a lot. But my duty compels me
to adopt other measures. Come, sir!"
When Philip de la Mole had been conducted from the room by the agents of
the Queen-mother, Jocelyne turned to her grandmother, without rising
from the ground, and exclaimed in the bitterest despair--
"Mother--mother--you have killed me!"
"Who spoke of Charles? Who said he lay upon his death-bed?" cried
Perrotte, walking up and down with the uncertain step of the deranged of
mind, and unheeding her unhappy grandchild; "Charles dying! and I shall
see him no more--shall he die without a warning word from her who loved
and cherished him so long--die without repentance? What was that voice
that tortured my very soul? Who said he was about to die, and that I
should see him no more?"
Jocelyne sprung up from the ground, as if a sudden thought had crossed
her mind.
"Yes, mother, yes," she cried, "the king is dying. Come to him. See him
once more. He will hear your words upon his death-bed, and extend his
pardon to the innocent--for Philip de la Mole is innocent, my mother. He
will save him who is unjustly condemned; and you will save his repentant
soul. Come, mother, come--come," she continued, as if speaking to a
child, "the king is waiting for you!"
"Charlot--my nursling--dying!" murmured the old woman--"Yes--let us go."
"Alayn will accompany us," said Jocelyne, turning to the youth, who
stood at the window unhappy and confused.
Without waiting for any addition to their dress, the eager girl seized
her grandmother's hand, and led her to the door.
When it was opened, two soldiers appeared upon the threshold, stationed
to prevent all egress of the inhabitants; and one of them, placing his
arquebuse across the door-stall, cried, in a rude voice--
"_On ne passe pas._"
The two women drew back in alarm.