полная версия

Tobias Smollett
The Adventures of Peregrine Pickle

“It would be almost an endless task to enumerate the particular steps that were taken by one side to promote, and by the other to delay, the trial. The young gentleman’s adversaries finding that they could not, by all the subterfuges and arts they had used, evade it, repeated attempts were made to assassinate him and his protector; and every obstruction thrown in the way of his cause which craft could invent, villainy execute, and undue influence confirm. But all these difficulties were surmounted by the vigilance, constancy, courage, and sagacity of M—; and, at last, the affair was brought to a very solemn trial at bar, which being continued, by several adjournments, from the eleventh to the twenty-fifth day of November, a verdict was found for the claimant by a jury of gentlemen, which, in point of reputation and property, cannot be easily paralleled in the annals of that or any other country; a jury, that could by no means be suspected of prepossessions in favour of Mr. A—, to whose person they were absolute strangers; especially if we consider, that a gentleman in their neighbourhood, who was nephew to the foreman, and nearly related to some of the rest of their number, forfeited a considerable estate by their decision.

“This verdict,” said the parson, “gave the highest satisfaction to all impartial persons that were within reach of being duly informed of their proceedings, and of the different genius and conduct of the parties engaged in the contest, but more especially to such as were in court, as I was, at the trial, and had an opportunity of observing the characters and behaviour of the persons who appeared there to give evidence. To such it was very apparent, that all the witnesses produced there on the part of the uncle, were either his tenants, dependents, pot-companions, or persons some way or other interested in the issue of the suit, and remarkable for a low kind of cunning; that many of them were persons of profligate lives, who deserved no credit; that, independent of the levity of their characters, those of them who went under the denomination of colonels, Colonel L— alone excepted, who had nothing to say, and was only brought there in order to give credit to that party, made so ridiculous a figure, and gave so absurd, contradictory, and inconsistent an evidence, as no court or jury could give the least degree of credit to. On the other hand, it was observed, that the nephew and Mr. M—, his chief manager, being absolute strangers in that country, and unacquainted with the characters of the persons they had to deal with, were obliged to lay before the court and jury such evidence as came to their hand, some of whom plainly appeared to have been put upon them by their adversaries with a design to hurt. It was also manifest, that the witnesses produced for Mr. A—, were such as could have no manner of connection with him, nor any dependence whatsoever upon him, to influence their evidence; for the far greatest part of them had never seen him from his infancy till the trial began; and many of them, though poor, and undignified with the title of colonels, were people of unblemished character, of great simplicity, and such as no man in his senses would pitch upon to support a bad cause. It is plain that the jury, whose well-known honour, impartiality, and penetration, must be revered by all who are acquainted with them, were not under the least difficulty about their verdict; for they were not enclosed above half an hour, when they returned with it. These gentlemen could not help observing the great inequality of the parties engaged, the great advantages that the uncle had in every other respect, except the truth and justice of his case, over the nephew, by means of his vast possessions, and of his power and influence all round the place of his birth; nor could the contrast between the different geniuses of the two parties escape their observation. They could not but see and conclude, that a person who had confessedly transported and sold his orphan nephew into slavery,—who, on his return, had carried on so unwarrantable and cruel a prosecution to take away his life under colour of law,—and who had also given such glaring proofs of his skill and dexterity in the management of witnesses for that cruel purpose,—was in like manner capable of exerting the same happy talent on this occasion, when his all was at stake; more especially, as he had so many others who were equally interested with himself, and whose abilities in that respect fell nothing short of his own, to second him in it. The gentlemen of the jury had also a near view of the manner in which the witnesses delivered their testimonies, and had from thence an opportunity of observing many circumstances, and distinguishing characteristics of truth and falsehood, from which a great deal could be gathered, that could not be adequately conveyed by any printed account, how exact soever; consequently, they must have been much better judges of the evidence on which they founded their verdict than any person who had not the same opportunity, can possibly be.

“These, Mr. Pickle, were my reflections on what I had occasion to observe concerning that famous trial; and, on my return to England two years after, I could not help pitying the self-sufficiency of some people, who, at this distance, pretended to pass their judgment on that verdict with as great positiveness as if they had been in the secrets of the cause, or upon the jury who tried it; and that from no better authority than the declamations of Lord A—‘s emissaries, and some falsified printed accounts, artfully cooked up on purpose to mislead and deceive.

“But to return from this digression. Lord A—, the defendant in that cause, was so conscious of the strength and merits of his injured nephew’s case, and that a verdict would go against him, that he ordered a writ of error to be made out before the trial was ended; and the verdict was no sooner given, than he immediately lodged it, though he well knew he had no manner of error to assign. This expedient was practised merely for vexation and delay, in order to keep Mr. A— from the possession of the small estate he had recovered by the verdict, that, his slender funds being exhausted, he might be deprived of other means to prosecute his right; and by the most oppressive contrivances and scandalous chicanery, it has been kept up to this day, without his being able to assign the least shadow of any error.

“Lord A— was not the only antagonist that Mr. A— had to deal with; all the different branches of the A— family, who had been worrying one another at law ever since the death of the late earl of A—, about the partition of his great estate, were now firmly united in an association against this unfortunate gentleman; mutual deeds were executed among them, by which many great lordships and estates were given up by the uncle to persons who had no right to possess them, in order to engage them to side with him against his nephew, in withholding the unjust possession of the remainder.

“These confederates having held several consultations against their common enemy, and finding that his cause gathered daily strength since the trial, by the accession of many witnesses of figure and reputation, who had not been heard of before, and that the only chance they had to prevent the speedy establishment of his right, and their own destruction, was by stripping Mr. M— of the little money that yet remained, and by stopping all further resources whereby he might be enabled to proceed; they therefore came to a determined resolution to carry that hopeful scheme into execution; and, in pursuance thereof, they have left no expedient or stratagem, how extraordinary or scandalous soever, unpractised, to distress Mr. A— and that gentleman. For that end, all the oppressive arts and dilatory expensive contrivances that the fertile invention of the lowest pettifoggers of the law could possibly devise, have with dexterity been played off against them, in fruitless quibbling, and malicious suits, entirely foreign to the merits of the cause. Not to mention numberless other acts of oppression, the most extraordinary and unprecedented proceeding, by means whereof this sham writ of error hath been kept on foot ever since November, 1743, is to me,” said the doctor, “a most flagrant instance not only of the prevalency of power and money, when employed, as in the present case, against an unfortunate helpless man, disabled, as he is, of the means of ascertaining his right, but of the badness of a cause that hath recourse to so many iniquitous expedients to support it.

“In a word, the whole conduct of Lord A— and his party, from the beginning to this time, hath been such as sufficiently manifests that it could proceed from no other motives than a consciousness of Mr. A—‘s right, and of their own illegal usurpations, and from a terror of trusting the merits of their case to a fair discussion by the laws of their country; and that the intention and main drift of all their proceedings plainly tends to stifle and smother the merits of the case from the knowledge of the world, by oppressive arts and ingenious delays, rather than trust it to the candid determination of an honest jury. What else could be the motives of kidnapping the claimant, and transporting him when an infant? of the various attempts made upon his life since his return? of the attempts to divest him of all assistance to ascertain his right, by endeavouring so solicitously to prevail on Mr. M— to abandon him in the beginning? of retaining an army of counsel before any suit had been commenced? of the many sinister attempts to prevent the trial at bar? of the various arts made use of to terrify any one from appearing as witness for the claimant, and to seduce those who had appeared? of the shameless, unprecedented, low tricks now practised, to keep him out of the possession of that estate for which he had obtained the verdict, thereby to disable him from bringing his cause to a further hearing; and of the attempts made to buy up Mr. M—‘s debts, and to spirit up suits against him? Is it not obvious from all these circumstances, as well as from the obstruction they have given to the attorney-general’s proceeding to make a report to his majesty on the claimant’s petition to the king for the peerage, which was referred by his majesty to that gentleman, so far back as 1743, that all their efforts are bent to that one point, of stifling, rather than suffering the merits of this cause to come to a fair and candid hearing; and that the sole consideration at present between them and this unfortunate man is not whether he is right or wrong, but whether he shall or shall not find money to bring this cause to a final determination?

“Lord A— and his confederates, not thinking themselves safe with all these expedients, while there was a possibility of their antagonist’s obtaining any assistance from such as humanity, compassion, generosity, or a love of justice, might induce to lay open their purses to his assistance in ascertaining his right, have, by themselves and their numerous emissaries, employed all the arts of calumny, slander, and detraction against him, by traducing his cause, vilifying his person, and most basely and cruelly tearing his character to pieces, by a thousand misrepresentations, purposely invented and industriously propagated in all places of resort, which is a kind of cowardly assassination that there is no guarding against; yet, in spite of all these machinations, and the shameful indifference of mankind, who stand aloof unconcerned, and see this unhappy gentleman most inhumanly oppressed by the weight of lawless power and faction, M—, far from suffering himself to be dejected by the multiplying difficulties that crowd upon him, still exerts himself with amazing fortitude and assiduity, and will, I doubt not, bring the affair he began and carried on with so much spirit, while his finances lasted, to a happy conclusion.

“It would exceed the bounds of my intention, and, perhaps, trespass too much upon your time, were I to enumerate the low artifices and shameful quibbles by which the usurper has found means to procrastinate the decision of the contest between him and his hapless nephew, or to give a detail of the damage and perplexity which Mr. M— has sustained, and been involved in, by the treachery and ingratitude of some who listed themselves under him in the prosecution of this affair; and by the villainy of others, who, under various pretences of material discoveries they had to make, etc., had fastened themselves upon him, and continued to do all the mischief in their power, until the cloven foot was detected.

“One instance, however, is so flagrantly flagitious, that I cannot resist the inclination I feel to relate it, as an example of the most infernal perfidy that perhaps ever entered the human heart. I have already mentioned the part which H—n acted in the beginning of M—‘s connection with the unfortunate stranger, and hinted that the said H— lay under many obligations to that gentleman before Mr. A—‘s arrival in England. He had been chief agent to Lord A—, and, as it afterwards appeared, received several payments of a secret pension which that lord enjoyed, for which he either could not or would not account. His lordship, therefore, in order to compel him to it, took out writs against him, and his house was continually surrounded with catchpoles for the space of two whole years.

“Mr. M— believing, from H—‘s own account of the matter, that the poor man was greatly injured, and prosecuted on account of his attachment to the unhappy young gentleman, did him all the good offices in his power, and became security for him on several occasions; nay, such was his opinion of his integrity, that, after Mr. A— was cleared of the prosecution carried on against him by his uncle, his person was entrusted to the care of this hypocrite, who desired that the young gentleman might lodge at his house for the convenience of air, M—‘s own occasions calling him often into the country.

“Having thus, by his consummate dissimulation, acquired such a valuable charge, he wrote a letter to one of Lord A—‘s attorneys, offering to betray Mr. A—, provided his lordship would settle his account, and give him a discharge for eight hundred pounds of the pension which he had received and not accounted for. Mr. M—, informed of this treacherous proposal, immediately removed his lodger from his house into his own, without assigning his reasons for so doing, until he was obliged to declare it, in order to free himself from the importunities of H—, who earnestly solicited his return. This miscreant finding himself detected and disappointed in his villainous design, was so much enraged at his miscarriage, that, forgetting all the benefits he had received from M— for a series of years, he practised all the mischief that his malice could contrive against him; and at length entered into a confederacy with one G—, and several other abandoned wretches, who, as before said, under various pretences of being able to make material discoveries, and otherwise to serve the cause, had found means to be employed in some extra business relating to it, though their real intention was to betray the claimant.

“These confederates, in conjunction with some other auxiliaries of infamous character, being informed that Mr. M— was on the point of securing a considerable sum, to enable him to prosecute Mr. A—‘s right, and to bring it to a happy conclusion, contrived a deep-laid scheme to disappoint him in it, and at once to ruin the cause. And, previous measures being taken for that wicked purpose, they imposed upon the young gentleman’s inexperience and credulity by insinuations equally false, plausible, and malicious; to which they at length gained his belief, by the mention of some circumstances that gave what they alleged an air of probability, and even of truth. They swore that Mr. M— had taken out an action against him for a very large sum of money; that they had actually seen the writ; that the intention of it was to throw him into prison for life, and ruin his cause, in consequence of an agreement made by him with Lord A—, and his other enemies, to retrieve the money that he had laid out in the cause.

“This plausible tale was enforced with such an air of truth, candour, and earnest concern for his safety, and was strengthened by so many imprecations and corroborating circumstances of their invention, as would have staggered one of much greater experience and knowledge of mankind than Mr. A— could be supposed at that time to possess. The notion of perpetual imprisonment, and the certain ruin they made him believe his cause was threatened with, worked upon his imagination to such a degree, that he suffered himself to be led like a lamb to the slaughter by this artful band of villains, who secreted him at the lodgings of one P—, an intimate of G—‘s, for several days, under colour of his being hunted by bailiffs employed by Mr. M—, where he was not only obliged by them to change his name, but even his wife was not suffered to have access to him.

“Their design was to have sold him, or drawn him into a ruinous compromise with his adversaries, for a valuable consideration to themselves. But as no ties are binding among such a knot of villains, the rest of the conspirators were jockeyed by G—, who, in order to monopolize the advantage to himself, hurried his prize into the country, and secreted him even from his confederates, in a place of concealment one hundred miles from London, under the same ridiculous pretence of M—‘s having taken out a writ against him, and of bailiffs being in pursuit of him everywhere round London.

“He was no sooner there, than G—, as a previous step to the other villainy he intended, tricked him out of a bond for six thousand pounds, under colour of his having a person ready to advance the like sum upon it, as an immediate fund for carrying on his cause; assuring him, at the same time, that he had a set of gentlemen ready, who were willing to advance twenty-five thousand pounds more for the same purpose, and to allow him five hundred pounds a year for his maintenance, till his cause should be made an end of, provided that Mr. M— should have no further concern with him and his cause.

“Mr. A—, having by this time received some intimations of the deceit that had been put upon him, made answer, that he should look upon himself as a very ungrateful monster indeed, if he deserted a person who had saved his life, and so generously ventured his own, together with his fortune, in his cause, until he should first be certain of the truth of what was alleged of him, and absolutely rejected the proposal. G—, who had no other view in making it, than to cover the secret villainy he meditated against him, and to facilitate the execution thereof, easily receded from it, when he found Mr. A— so averse to it, and undertook nevertheless to raise the money, adding, that he might, if he pleased, return to Mr. M— whenever it was secured. The whole drift of this pretended undertaking to raise the twenty-five thousand pounds, was only to lay a foundation for a dexterous contrivance to draw Mr. A— unwarily into the execution of a deed, relinquishing all his right and title, under a notion of its being a deed to secure the repayment of that sum.

“G— having, as he imagined, so far paved the way for the execution of such a deed, enters into an agreement with an agent, employed for that purpose by Mr. A—‘s adversaries, purporting that in consideration of the payment of a bond for six thousand pounds, which he, G—, had, as he pretended, laid out in Mr. A—‘s cause, and of an annuity of seven hundred pounds a year, he was to procure for them from Mr. A— a deed ready executed, relinquishing all right and title to the A— estate and honours. Everything being prepared for the execution of this infernal scheme, unknown to Mr. A—, G— then thought proper to send for him to town from his retirement, in order, as he pretended, to execute a security of twenty-five thousand pounds.

“This intended victim to that villain’s avarice no sooner arrived in town, full of hopes of money to carry on his cause, and of agreeably surprising his friend and protector Mr. M—, with so seasonable and unexpected a reinforcement, than an unforeseen difficulty arose, concerning the payment of G—‘s six-thousand-pound bond. That money was to have been raised out of the estate of a lunatic, which could not be done without the leave of the Court of Chancery, to whom an account must have been given of the intended application of it. While preparations were making to rectify this omission, G— immediately carried Mr. A— again into the country, lest he should happen to be undeceived by some means or other.

“In the meantime, this wicked machination was providentially discovered by Mr. M—, before it could be carried into execution, by means of the jealousies that arose among the conspirators themselves; and was, at the same time, confirmed to him by a person whom the very agent for the A— party had entrusted with the secret. M— no sooner detected it, than he communicated his discovery to one of Mr. A—‘s counsel, a man of great worth, and immediately thereupon took proper measures to defeat it. He then found means to lay open to Mr. A— himself the treacherous scheme that was laid for his destruction. He was highly sensible of it, and could never afterwards reflect on the snare that he had so unwarily been drawn into, and had so narrowly escaped, without a mixture of horror, shame, and gratitude to his deliverer.

“The consummate assurance of the monsters who were engaged in this plot, after they had been detected, and upbraided with their treachery, is scarce to be paralleled; for they not only owned the fact of spiriting Mr. A— away in the manner above mentioned, but justified their doing it as tending to his service. They also maintained, that they had actually secured the twenty-five thousand pounds for him, though they never could name any one person who was to have advanced the money. No man was more active in this scheme than H—, nor any man more solicitous to keep Mr. A— up in the false impressions he had received, or in projecting methods to ruin his protector, than he.

“Among many other expedients for that purpose, a most malicious attempt was made to lodge an information against him, for treasonable practices, with the secretary of state, notwithstanding the repeated proofs he had given of his loyalty; and, as a preparatory step to his accusation, a letter, which this traitor dictated, was copied by another person, and actually sent to the earl of C—, importing, that the person who copied the letter had an affair of consequence to communicate to his lordship, if he would appoint a time of receiving the information. But that person, upon full conviction of the villainy of the scheme, absolutely refused to proceed further in it; so that his malice once more proved abortive; and before he had time to execute any other contrivance of the same nature, he was imprisoned in this very jail for debt.

“Here, finding his creditors inexorable, and himself destitute of all other resource, he made application to the very man whom he had injured in such an outrageous manner, set forth his deplorable case in the most pathetic terms, and entreated him, with the most abject humility, to use his influence in his behalf. The distress of this varlet immediately disarmed M— of his resentment, and even excited his compassion. Without sending any answer to his remonstrances, he interceded for him with his creditors; and the person to whom he was chiefly indebted, refusing to release him without security, this unwearied benefactor joined with the prisoner in a bond for above two hundred and forty pounds, for which he obtained his release.

“He was no sooner discharged, however, than he entered into fresh combinations with G— and others, in order to thwart his deliverer in his schemes of raising money, and otherwise to distress and deprive him of liberty; for which purpose, no art or industry, perjury not excepted, hath been spared. And, what is still more extraordinary, this perfidious monster having found money to take up the bond, in consequence of which he regained his freedom, hath procured a writ against M—, upon that very obligation; and taken assignments to some other debts of that gentleman, with the same Christian intention. But hitherto he hath, by surprising sagacity and unshaken resolution, baffled all their infernal contrivances, and retorted some of their machinations on their own heads. At this time, when he is supposed by some, and represented by others, as under the circumstances of oblivion and despondence, he proceeds in his design with the utmost calmness and intrepidity, meditating schemes, and ripening measures, that will one day confound his enemies, and attract the notice and admiration of mankind.”

Peregrine, having thanked the priest for his obliging information, expressed his surprise at the scandalous inattention of the world to an affair of such importance; observing, that, by such inhuman neglect, this unfortunate young gentleman, Mr. A—, was absolutely deprived of all the benefit of society; the sole end of which is, to protect the rights, redress the grievances, and promote the happiness of individuals. As for the character of M—, he said, it was so romantically singular in all its circumstances, that, though other motives were wanting, curiosity alone would induce him to seek his acquaintance. But he did not at all wonder at the ungrateful returns which had been made to his generosity by H— and many others, whom he had served in a manner that few, besides himself, would have done; for he had been long convinced of the truth conveyed in these lines of a celebrated Italian author:—

Li beneficii che, per la loro grandezza, non ponno esser guiderdonati, con la scelerata moneta dell’ ingratitudine sono pagati.

“The story which you have related of that young gentleman,” said he, “bears a very strong resemblance to the fate of a Spanish nobleman, as it was communicated to me by one of his own intimate friends at Paris. The Countess d’Alvarez died immediately after the birth of a son, and the husband surviving her but three years, the child was left sole heir to the honours and estate, under the guardianship of his uncle, who had a small fortune and a great many children. This inhuman relation, coveting the wealth of his infant ward, formed a design against the life of the helpless orphan, and trusted the execution of it to his valet-de-chambre, who was tempted to undertake the murder by the promise of a considerable reward. He accordingly stabbed the boy with a knife in three different places, on the right side of his neck; but, as he was not used to such barbarous attempts, his hand failed in the performance; and he was seized with such remorse, that, perceiving the wounds were not mortal, he carried the hapless victim to the house of a surgeon, by whose care they were healed; and, in the meantime, that he might not forfeit his recompense, found means to persuade his employer, that his orders were performed. A bundle being made up for the purpose, was publicly interred as the body of the child, who was said to have been suddenly carried off by a convulsion; and the uncle, without opposition, succeeded to his honours and estate. The boy being cured of his hurts, was, about the age of six, delivered, with a small sum of money, to a merchant just embarking for Turkey; who was given to understand, that he was the bastard of a man of quality and that for family reasons, it was necessary to conceal his birth.

“While the unfortunate orphan remained in this deplorable state of bondage, all the children of the usurper died one after another; and he himself being taken dangerously ill, attributed all his afflictions to the just judgment of God, and communicated his anxiety on that subject to the valet-de-chambre, who had been employed in the murder of his nephew. That domestic, in order to quiet his master’s conscience, and calm the perturbation of his spirits, confessed what he had done, and gave him hopes of still finding the boy by dint of industry and expense. The unhappy child being the only hope of the family of Alvarez, the uncle immediately ordered a minute inquiry to be set on foot; in consequence of which he was informed, that the orphan had been sold to a Turk, who had afterwards transferred him to an English merchant, by whom he was conveyed to London.

“An express was immediately despatched to this capital, where he understood that the unhappy exile had, in consideration of his faithful services, been bound apprentice to a French barber-surgeon; and, after he had sufficiently qualified himself in that profession, been received into the family of the Count de Gallas, at that time the emperor’s ambassador at the court of London. From the house of this nobleman he was traced into the service of Count d’Oberstorf, where he had married his lady’s chambermaid, and then gone to settle as a surgeon in Bohemia.

“In the course of these inquiries, several years elapsed: his uncle, who was very much attached to the house of Austria, lived at Barcelona when the father of this empress-queen resided in that city, and lent him a very considerable sum of money in the most pressing emergency of his affairs; and when that prince was on the point of returning to Germany, the old count, finding his end approaching, sent his father confessor to his majesty, with a circumstantial account of the barbarity he had practised against his nephew, for which he implored forgiveness, and begged he would give orders, that the orphan, when found, should inherit the dignities and fortune which he had unjustly usurped.

“His majesty assured the old man, that he might make himself easy on that score, and ordered the confessor to follow him to Vienna, immediately after the count’s death, in order to assist his endeavours in finding out the injured heir. The priest did not fail to yield obedience to this command. He informed himself of certain natural marks on the young count’s body, which were known to the nurse and women who attended him in his infancy; and, with a gentleman whom the emperor ordered to accompany him, set out for Bohemia, where he soon found the object of his inquiry, in the capacity of major-domo to a nobleman of that country, he having quitted his profession of surgery for that office.