In the Irish Brigade: A Tale of War in Flanders and Spain

"And so, you are his son! By what miracle have you discovered your relationship to him?"

Desmond, or as he should now be called, Gerald, related as briefly as possible the manner in which he had discovered his parentage.

"Your uncle must be a thorough villain," the duke said, hotly. "That he was a traitor we all knew, but that he should thus rob his brother's son of his inheritance is monstrous and unnatural."

"I am glad, indeed, sir, that you have thus recognized me. Your testimony will go for much, even in an English court, and I hope to receive a similar recognition from the officers who were intimate with my father in the second siege, and whose names I have here."

The duke glanced down the list.

"Well-nigh half of them are still alive," he said, "and all of them are men of rank and repute, whose word would be taken even by an enemy. How do you mean to proceed? Because I am afraid that, even if we could spare them, there would be some difficulty about their making their appearance in a court, in either England or Ireland."

"I quite see that that is out of the question. All I can hope for is, that such of them as recognize my likeness to my father will draw up a paper saying so, and will attest it before a notary, having as witnesses men of weight and honour equal to their own. The production of such certificates could not but have a strong influence in my favour."

"I will most willingly sign such a document," the duke said, "and four of my best-known generals can sign as witnesses to my signature."

"I thank you most heartily, sir. Such a document should, in itself, be considered as ample proof of my strong resemblance to my father."

"That may or may not be," the duke said, "but do not be content with that. Get as many of the others as possible to make similar declarations. One man may see a likeness where another does not, but if a dozen men agree in recognizing it, their declarations must have a great weight. Certainly no Irish judge would doubt the testimony of so many men, whose families and whose deeds are so well known to them."

From Dauphiny, Gerald travelled first into Spain, and the three Irish officers there whose names were on his list all recognized the likeness, even before he told them his name. He put the question to them in a general way.

"I have learned, sir, that the name I bear is not my own, that I am the son of an officer who was killed in the siege of Limerick. May I ask you if you can recognize any likeness between myself and any officer with whom you were well acquainted there?"

In each case, after a little consideration, they declared that he must be the son of James O'Carroll. All remembered that their comrade's wife had borne a son, shortly before the end of the siege. They remembered her death, but none had heard what became of the child, for in the excitement of the closing scenes, and of the preparation for the march immediately afterwards, they had had little time on their hands, and it was hitherto supposed that it had, like so many other infants, perished miserably. They willingly signed documents, similar to that which he had received from Berwick.

He met with almost equal success on the northern frontier, only two out of eight officers failing to identify him by his likeness; until he mentioned his name, when they, too, acknowledged that, now they recalled James O'Carroll's face, they saw that the likeness was a striking one.

Having obtained these documents, he resumed civilian attire, and, riding by crossroads, passed through Flanders to Sluys, without coming in contact with any body of the allied troops. There he had no difficulty in obtaining a passage to London, and on his arrival called upon Lord Godolphin, who received him cordially.

"So you have utilized your safe conduct, Captain Kennedy. I am glad to see my former captor, and I am as grateful as ever to you for the silence you maintained as to that affair. If it had been known to my enemies, I should never have heard the last of it. They would have made me such a laughingstock that I could scarcely have retained office.

"Now, what can I do for you?"

"It is a long story, my lord."

"Then I cannot listen to it now; but if you will sup with me here, at nine o'clock this evening, I shall be glad to hear it. I am so harassed by the backstair intrigues of my enemies, that it would be a relief to me to have something else to think of."

Gerald returned at the appointed time. Nothing was said as to his affairs while supper was served, but after the table had been cleared, decanters of port placed on the table, and the servants had retired, Godolphin said:

"Now, Captain Kennedy, let us hear all about it."

Gerald related the history of his younger days, and of the manner in which he had discovered his real parentage, producing the certificate of his baptism, a statement which had been drawn up at Cork and signed by Norah Rooney, and the testimony of the Duke of Berwick and the other Irish officers.

"There can be no doubt whatever, in the mind of any fair man," Lord Godolphin said, after listening attentively to the whole story, and examining the documents, "that your uncle, John O'Carroll, is a villain, and that you have been most unjustly deprived of your rights. I know him by name, and from the reports of our agents in Ireland, as one of the men who turned his coat and changed his religion to save his estates. Those men I heartily despise; while those who gave up all, and went into exile in order, as they believed, there to serve the cause of their rightful sovereign, are men to be admired and respected. Be assured that justice shall be done you. Of course, you will take action in the courts?"

"I shall first summon him to give up the estate, shall let him know that I have indisputable evidence to prove that I am the son of his elder brother, and shall say that, if he will give up possession peaceably, I will take no further steps in the matter, for the sake of the family name. If he refuses, as I fear is probable, I must then employ a lawyer."

"Yes, and a good one. I will furnish you with letters to the lord lieutenant, and to Lord Chief Justice Cox, strongly recommending you to them, and requesting the latter to appoint one of the law officers of the crown to take up your case. I should say that, when this John O'Carroll sees that you have such powerful friends, he will perceive that it is hopeless for him to struggle in so bad a cause, and will very speedily accept your terms, though methinks it is hard that so great a villain should go unpunished.

"Now, it will be as well that you should have something stronger than the safe conduct that I sent you. I will therefore draw out a document for Her Majesty to sign, granting you a full and free pardon for any offences that you may have committed against her and the realm, and also settling upon you the estates to which you are the rightful heir, in and about the barony of Kilkargan; being influenced in so doing by the great services rendered by you, both to Her Majesty's well-beloved and faithful minister and counsellor, myself, and to her trusty general, the Earl of Galway.

"The queen is not very likely to ask the nature of the service. Unless it be something that concerns herself, she asks but few questions, and signs readily enough the documents laid before her. If she asks what are the offences for which she grants her pardon, I shall say, when but a boy you were maliciously sent abroad to join the Irish Brigade by your uncle, who wished thus to rid himself of you altogether, and who had foully wronged you by withholding your name, from you and all others. I shall also add that you have distinguished yourself much, and have gained the friendship of her half brother, the Duke of Berwick; and you know that the queen, in her heart of hearts, would rather that her brother, whom you Jacobites call James the Third, should succeed her than the Elector of Hanover, for whom she has no love."

"I thank you greatly, indeed, my lord. Never was a man so amply rewarded for merely holding his tongue."

"It was not only that, sir. It was your conduct in general to me. You might have left me tied up in that house, to be found in the morning, and to be made the jest of the town; instead of which, you yourself conducted and guarded me hither, and so contrived it that no whisper spread abroad that I had been carried off between Saint James's and my own house. You trusted to my honour, in not causing a pursuit of you to be set on foot, and behaved in all ways as a gallant young gentleman, and certainly gained my high esteem, both for the daring and ingenuity with which you carried out your plans for obtaining a passage to France, and for your personal conduct towards myself.

"Where are you lodging?"

"At the Eagle, hard by the Abbey."

"Remain there, until you hear from me. Do not be impatient. I must choose my time, when either the queen is in a good temper, or is in such a hurry to get rid of me, in order to plot and gossip with Mistress Harley, who is now her prime favourite, that she is ready to sign any document I may lay before her."

Feeling that his cause was as good as won, Gerald returned in high spirits to his inn, where he delighted Mike by relating how the great minister had promised to forward his suit.

"Ah, your honour, it will be a grand day when you take possession of Kilkargan–bonfires and rejoicing of all sorts, and lashings of drink. Won't all the boys in the barony be glad to be free from the traitor, and to have the true heir come to be their master. None the less glad will be my sister."

"You must fetch her from Cork, Mike. It is owing to her that I am alive, and it will be owing to her if I recover the estate. She shall have the place of honour on the occasion, though all the gentry in the neighbourhood are there. When I tell them what she has done for me, they will say that she well deserves the honour!"

"And you will go no more to the wars, Captain O'Carroll?"

"No, Mike. I have been but three years in the French army, but I have seen enough of fighting, and, worse still, of fighting against men of our own nation. Besides, if the queen grants me the estates of my father, I shall consider myself bound in honour not to draw my sword against her, or to mix myself up in any plot or conspiracy, but to remain strictly neutral whatever may be going on. Indeed, the more I think of it, the more I doubt whether it would be for the good of Ireland did the Stuarts return to the throne. It could only be done at a further cost of blood and misery. The old religious quarrels would break out more fiercely than ever, there would be risings and civil wars, confiscations and massacres, whichever side happened to get the upper hand. That James the Third is the lawful sovereign of the three kingdoms, I shall always uphold, but there are cases when it is to the benefit of the country, at large, that there should be a change in the succession."

"Sure that may be so, your honour; and yet, it is hard that a man should be kept out of his own."

"No doubt it is hard; but it is far harder that thousands of people should be killed, and tens of thousands ruined, for the sake of one man."

"So it is, sir. So it is, sure enough, when one comes to think of it. Ireland has suffered mightily in the cause of the Stuarts, and I don't suppose that, if King James succeeded to the throne, his English ministers would let him turn out all the men who have taken the places and lands of the old families."

"That they certainly would not, Mike. When Charles the Second returned from exile, all those who had fought and suffered for him thought that they would recover their estates, and turn out Cromwell's men, to whom they had been granted. But they were disappointed. The king found that he could not make so great a change, without upsetting the whole country, and that an attempt to do so would cost him his crown; and you may be sure that James would find an equal difficulty, were he to come to the throne."

"Well, well, your honour, you know more of such matters than I do; but I have no doubt that you are right. I am sure we don't want the bad times to come over again, in Ireland."

Three days later, Gerald received a message from Lord Godolphin, saying that he wished to see him; and, on going to his house, the minister handed to him the paper with the full pardon, and the confirmation of his ownership in his father's estates; together with a letter to the lord lieutenant, and the Lord Chief Justice Cox.

The next day, he took ship for Dublin, and on arriving there presented his letters, and was well received by those to whom they were directed.

The lord lieutenant said:

"It is enough for me, Mr. O'Carroll, that Lord Godolphin speaks of you in such high terms, and I question not that he has thoroughly satisfied himself as to your right to these estates. At the same time, I should be glad if you will give me a brief outline of how it is that you never claimed them before, though perhaps it is as well that you did not do so, for, until the passions excited by the war had somewhat subsided, a friend of the Government would hardly have interposed for the benefit of the son of one who had died fighting for James."

Gerald had drawn up three copies of a statement containing a precis of the case, and he handed one of these to the lord lieutenant, saying:

"As the story is a somewhat long one, my lord, I have written it down, in order that you might read it at your leisure."

"I will certainly do so, Mr. O'Carroll. I should like to be personally acquainted with the details of the matter. It will doubtless excite a considerable stir. It is, I believe, the first time that a supporter of the Government has had to defend his title against one of the family that fought on the other side."

"It is hardly a case of royalist and rebel, sir, but the deliberate action of a man suppressing all knowledge of the existence of his own nephew, in order that he might himself obtain the property of his dead brother.