The Two Admirals. James Fenimore Cooper
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us all."
"I don't mind signing cheques, in the least; but wills have an irreligious appearance, in my eyes. There are a good many Wychecombes, in England; I wonder some of them are not of our family! They tell me a hundredth cousin is just as good an heir, as a first-born son."
"Failing nearer of kin. But we have no hundredth cousins of the whole blood."
"There are the Wychecombes of Surrey, brother Thomas—?"
"Descended from a bastard of the second baronet, and out of the line of descent, altogether."
"But the Wychecombes of Hertfordshire, I have always heard were of our family, and legitimate."
"True, as regards matrimony—rather too much of it, by the way. They branched off in 1487, long before the creation, and have nothing to do with the entail; the first of their line coming from old Sir Michael Wychecombe, Kt. and Sheriff of Devonshire, by his second wife Margery; while we are derived from the same male ancestor, through Wycherly, the only son by Joan, the first wife. Wycherly, and Michael, the son of Michael and Margery, were of the half-blood, as respects each other, and could not be heirs of blood. What was true of the ancestors is true of the descendants."
"But we came of the same ancestor, and the estate is far older than 1487."
"Quite true, brother; nevertheless, the half-blood can't take; so says the perfection of human reason."
"I never could understand these niceties of the law," said Sir Wycherly, sighing; "but I suppose they are all right. There are so many Wychecombes scattered about England, that I should think some one among them all might be my heir!"
"Every man of them bears a bar in his arms, or is of the half-blood."
"You are quite sure, brother, that Tom is a filius nullus?" for the baronet had forgotten most of the little Latin he ever knew, and translated this legal phrase into "no son."
"Filius nullius, Sir Wycherly, the son of nobody; your reading would literally make Tom nobody; whereas, he is only the son of nobody."
"But, brother, he is your son, and as like you, as two hounds of the same litter."
"I am nullus, in the eye of the law, as regards poor Tom; who, until he marries, and has children of his own, is altogether without legal kindred. Nor do I know that legitimacy would make Tom any better; for he is presuming and confident enough for the heir apparent to the throne, as it is."
"Well, there's this young sailor, who has been so much at the station lately, since he was left ashore for the cure of his wounds. 'Tis a most gallant lad; and the First Lord has sent him a commission, as a reward for his good conduct, in cutting out the Frenchman. I look upon him as a credit to the name; and I make no question, he is, some way or other, of our family."
"Does he claim to be so?" asked the judge, a little quickly, for he distrusted men in general, and thought, from all he had heard, that some attempt might have been made to practise on his brother's simplicity. "I thought you told me that he came from the American colonies?"
"So he does; he's a native of Virginia, as was his father before him."
"A convict, perhaps; or a servant, quite likely, who has found the name of his former master, more to his liking than his own. Such things are common, they tell me, beyond seas."
"Yes, if he were anything but an American, I might wish he were my heir," returned Sir Wycherly, in a melancholy tone; "but it would be worse than to let the lands escheat, as you call it, to place an American in possession of Wychecombe. The manors have always had English owners, down to the present moment, thank God!"
"Should they have any other, it will be your own fault, Wycherly. When I am dead, and that will happen ere many weeks, the human being will not be living, who can take that property, after your demise, in any other manner than by escheat, or by devise. There will then be neither heir of entail, nor heir at law; and you may make whom you please, master of Wychecombe, provided he be not an alien."
"Not an American, I suppose, brother; an American is an alien, of course."
"Humph!—why, not in law, whatever he may be according to our English notions. Harkee, brother Wycherly; I've never asked you, or wished you to leave the estate to Tom, or his younger brothers; for one, and all, are filii nullorum—as I term 'em, though my brother Record will have it, it ought to be filii nullius, as well as filius nullius. Let that be as it may; no bastard should lord it at Wychecombe; and rather than the king; should get the lands, to bestow on some favourite, I would give it to the half-blood."
"Can that be done without making a will, brother Thomas?"
"It cannot, Sir Wycherly; nor with a will, so long as an heir of entail can be found."
"Is there no way of making Tom a filius somebody, so that he can succeed?"
"Not under our laws. By the civil law, such a thing might have been done, and by the Scotch law; but not under the perfection of reason."
"I wish you knew this young Virginian! The lad bears both of my names, Wycherly Wychecombe."
"He is not a filius Wycherly—is he, baronet?"
"Fie upon thee, brother Thomas! Do you think I have less candour than thyself, that I would not acknowledge my own flesh and blood. I never saw the youngster, until within the last six months, when he was landed from the roadstead, and brought to Wychecombe, to be cured of his wounds; nor ever heard of him before. When they told me his name was Wycherly Wychecombe, I could do no less than call and see him. The poor fellow lay at death's door for a fortnight; and it was while we had little or no hope of saving him, that I got the few family anecdotes from him. Now, that would be good evidence in law, I believe, Thomas."
"For certain things, had the lad really died. Surviving, he must be heard on his voire dire, and under oath. But what was his tale?"
"A very short one. He told me his father was a Wycherly Wychecombe, and that his grandfather had been a Virginia planter. This was all he seemed to know of his ancestry."
"And probably all there was of them. My Tom is not the only filius nullius that has been among us, and this grandfather, if he has not actually stolen the name, has got it by these doubtful means. As for the Wycherly, it should pass for nothing. Learning that there is a line of baronets of this name, every pretender to the family would be apt to call a son Wycherly."
"The line will shortly be ended, brother," returned Sir Wycherly, sighing. "I wish you might be mistaken; and, after all, Tom shouldn't prove to be that filius you call him."
Mr. Baron Wychecombe, as much from esprit de corps as from moral principle, was a man of strict integrity, in all things that related to meum and tuum. He was particularly rigid in his notions concerning the transmission of real estate, and the rights of primogeniture. The world had taken little interest in the private history of a lawyer, and his sons having been born before his elevation to the bench, he passed with the public for a widower, with a family of promising boys. Not one in a hundred of his acquaintances even, suspected the fact; and nothing would have been easier for him, than to have imposed on his brother, by inducing him to make a will under some legal mystification or other, and to have caused Tom Wychecombe to succeed to the property in question, by an indisputable title. There would have been no great difficulty even, in his son's assuming and maintaining his right to the baronetcy, inasmuch as there would be no competitor, and the crown officers were not particularly rigid in inquiring into the claims of those who assumed a title that brought with it no political privileges. Still, he was far from indulging in any such project. To him it appeared that the Wychecombe estate ought to go with the principles that usually governed such matters; and, although he submitted to the dictum of the common law, as regarded the provision which excluded the half-blood from inheriting, with the deference of an English common-law lawyer, he saw and felt, that, failing the direct line, Wychecombe ought to revert to the descendants of Sir Michael by his second son, for the plain reason that they were just as much derived from the