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

"I have no doubt that, had it been known that I was in existence, I should still have been thrust aside in order to reward his adhesion to the cause of William, but that would have made his position intolerable. As one who has changed his religion and his politics, he is regarded as a traitor by the people of the barony, and avoided by all the gentry round; but the feeling would have been infinitely stronger, if it had been known that he was keeping his own nephew out of his inheritance. My father was, as I understand, immensely popular, and I doubt whether his brother would have dared to show his face within fifty miles of Kilkargan, had it been known that not only was he a traitor, but a usurper."

The lord lieutenant smiled.

"I am not surprised at your warmth, Mr. O'Carroll; but, unfortunately, your case is not a solitary one. There are thousands of men in Ireland who have suffered for the deeds of their fathers. However, I shall understand the case better when I have read your statement."

It was evident to Gerald that the lord chief justice, who had taken a leading part in the prosecution and punishment of persons known to be favourable to the Jacobite cause, was not altogether pleased with Lord Godolphin's letter.

"A strange affair," he said. "A strange and, as it appears to me, an unfortunate business.

"However, sir," he went on, with a changed tone; "I shall certainly do my best to see justice done, in accordance with his lordship's request. I will read carefully through this statement of your claim, and, after considering it, place it in the hands of the crown lawyers.

"But it seems to me that your own position here is a strange one, and that you yourself are liable to arrest, as a member of a family whose head was one of the late king's strongest adherents."

"My own position, sir, is regulated by this document, bearing the signature of the queen and her chief minister;" and he laid the official paper before Cox.

"That certainly settles that question," the latter said, after perusing it. "Of course I shall, for my own satisfaction, read your statement; but I do not wish to see any documents or proofs you may possess in the matter. These you must, of course, lay before your counsel. I think I can't do better than give you a letter to Mr. Counsellor Fergusson, with whom you can go into all particulars, and who will advise you as to the course that you had best take."

Mr. Fergusson, although one of the crown lawyers, enjoyed a wide reputation, even among the Jacobite party, for the moderation and the fairness with which he conducted the crown cases placed in his hands. He had less employment than his colleagues, for only cases in which the evidence of acts of hostility to the crown were indisputable were committed to him, it having been found that he was unwilling to be a party to calling doubtful witnesses, or to using the means that were, in the majority of cases, employed to obtain convictions.

The lord chief justice's letter to him was as follows:

Dear Mr. Counsellor Fergusson:

I have been requested, by Lord Godolphin, to place the case of the bearer of this letter in good hands, and cannot better carry out his request than by asking you to act in the matter. Lord Godolphin has expressed himself most strongly as to the justness of his claim. The bearer's father was, he states, James O'Carroll, a noted rebel who was killed at the siege of Limerick. This alone would, it might have been thought, have proved a bar to any action on his part against the present possessor of the property; but he is the bearer of a document, signed by the queen herself, reinstating him in all rights he may possess, notwithstanding the actions of his father or of himself. It is not for me to make any comment upon the royal document, though I may say that I fear it may give rise to other suits, and alarm many loyal subjects who have become possessed of confiscated estates. However, we must hope that this will not be so, as it is expressly stated that, in this instance, the pardon and restoration of rights are given in consideration of services rendered by this young gentleman to Lord Godolphin himself, and to the Earl of Galway. What the nature of these services may have been does not concern me.

Gerald carried this letter to the address indicated, and on saying that he was the bearer of a letter from the lord chief justice, he was at once shown into the counsellor's room. The latter, a man of some fifty-five years old, with features that told of his Scottish extraction, with keen eyes and a kindly face, took the letter which Gerald presented to him, and begged him to be seated while he read it. As he glanced through it, a look of surprise came across his face, and he read the letter carefully, and then looked at Gerald keenly.

"You are fortunate in having such good friends, Mr. O'Carroll," he said. "Before I go into the case, will you let me know something about yourself? You are, I take it, some twenty years of age?"

"I am but a few months past nineteen."

"By your figure, I should have put you as three years older; by your face, two years. You must have been fortunate, indeed, to have gained the protection both of Lord Godolphin and the Earl of Galway. No less than this would have sufficed to gain for you this rescript of Her Majesty.

"And now, sir, please to give me an outline of your case, as to the nature of which I am, at present, entirely ignorant."

"I have put it down in writing, sir," Gerald said, handing him the third copy of his statement.

"It will take me some time to read this, Mr. O'Carroll, and I would rather do so alone, and ask you any question that may occur to me afterwards. Will you therefore call upon me again, in an hour's time?"

Upon Gerald's return, the counsellor said:

"It is a strange story, Mr. O'Carroll, and a very disgraceful one. You allude, I see, to testimonies of Irish officers in the French service as to your likeness to the late Mr. James O'Carroll. Will you please let me see them?"

"Here they are, sir, together with a sworn statement by my nurse."

The lawyer read the documents through carefully.

"The testimony of the Duke of Berwick, and of the other honourable and well-known Irish gentlemen, as to the striking likeness between yourself and Mr. James O'Carroll, cannot but carry immense weight in the minds of all unprejudiced persons. They prove too, conclusively, that James O'Carroll left an infant boy behind him, and the statement of the nurse goes a long way to prove you are that son; and I think that this is substantiated by the conduct of John O'Carroll; first in receiving you and undertaking your care; secondly, in the neglect, and I should almost say the dislike, he manifested towards the child he had sheltered; and thirdly, in the extraordinary step that he, a professedly loyal subject of Her Majesty, took in sending you off to enlist in the brigade composed of the devoted adherents of the son of James the Second.

"No doubt, at any rate, can arise that you are the child brought by this Mrs. Rooney to Kilkargan. That can be proved beyond all question; and the fact that your nurse was sent off without having any conversation save with John O'Carroll himself, would show how anxious he was that no one but himself should know her errand.

"I must say that you have shown great acumen in mustering evidence, of all kinds, that would bear upon the question. I say frankly that, without this royal rescript, and the influence of these two noblemen, your chance, as James O'Carroll's son, of wresting your patrimony from the hands of your uncle would be small indeed. Politics have, much more than facts, to do with decisions here; but with such powerful credentials, and with the chief minister of England interfering on your behalf, I think that there is no great doubt that you will secure a judgment in your favour. When the facts are known, the feeling of the greater portion of the population will run strongly with you, and against this unnatural uncle of yours."

"I should be desirous, if possible, sir, of avoiding a public trial that would bring discredit upon the name of my family, and would, in the eyes of the supporters of the present Government, act prejudicially to myself."

"You are quite right. How do you propose to proceed?"

"I was thinking, sir, of sending a statement to my uncle, similar to that which I laid before you, going somewhat further into details, and promising that, if he would surrender the property to me and publicly acknowledge me as his nephew, giving what reason he chose for having so long concealed his knowledge of the fact, I would take no proceedings against him, and would do my best to prevent any discredit falling upon him."

"That would do very well," the lawyer said, "but I should abstain from making any allusion to the protectors you have gained. He will learn that soon enough, and it will be well to see what his first impulse is. Do not mention the names of the Duke of Berwick and the others, who have testified to your likeness to your late father. Simply say that many of his comrades have recognized your likeness to him. It is of no use showing him all the cards we have to play. I should not send the letter by post, but by hand. If you like, I will despatch one of my own messengers down with it, with instructions to bring back an answer, but not to say anything, if questioned, as to his being in my employment."

The next morning, the messenger started by coach for Kilkargan. He returned four days later, bearing John O'Carroll's answer. It read as follows:

Sir:

I have received your audacious letter, and proclaim you to be an impostor, worthy of the severest punishment for attempting to personate a son of my late brother. However, for the sake of my friendship for Mr. Kennedy, your father, I give you twenty-four hours to leave the country, before laying any information against you, both as an impostor and as a rebel who has served against the armies of Her Majesty. I shall, however, at once apply for a writ ordering your arrest, which will be served upon you within twenty-four hours of your receipt of this communication. I shall also have this woman, your pretended nurse, arrested for perjury and conspiracy.

Gerald took this letter to the counsellor.

"That is exactly what I expected," he said, after reading it. "It shows the man in his true colours. We shall see what he says when he learns who are employed against him, and what protection you have obtained. My opinion is that, before many hours have passed, you will receive a letter in a different strain. I consider it by no means improbable that the lord chief justice will have written to him privately, warning him that you have received a full pardon, and are restored to all your rights, and that you are strongly supported by Lord Godolphin, who has written to him and the lord lieutenant in your favour; that you have also the protection of the Earl of Galway, an officer who possesses the confidence of Her Majesty; and that the Duke of Berwick, and many of the best-known Irish officers in the service of France, have all given their testimony, in the most positive manner, of your likeness to James O'Carroll, whom they knew intimately; and will say that, at the request of Lord Godolphin that the matter should be placed in the hands of one of the crown lawyers, it has been submitted to me; and that in my opinion, which I wrote him after our interview, a decision in your favour is inevitable; and strongly advising him to make the best compromise with you in his power."

The same evening, indeed, a mounted messenger, who had ridden posthaste from Kilkargan, arrived with another letter from John O'Carroll. It began:

My Dear Nephew:

I wrote yesterday in haste, on the receipt of your communication. It seemed to me that you were rushing on destruction, by avowing yourself to be the son of my brother James; and that you would be liable to be arrested as a Jacobite agent in the service of France. Therefore, I wrote the letter that I did in hopes that you would leave the country, for the time had not yet arrived when you could safely be recognized by me as the rightful owner of Kilkargan. I have heard, however, that you have received a full pardon for past offences, and a restitution of your rights, and I am only too glad to be able to retire from the false position in which I was placed, and by which I incurred the hostility and dislike of my neighbours and tenants. As you know, I have lived an almost solitary life here, and have spent far less than the income of the estate. I am well aware that, acting as I have done as your trustee, you have a right to demand from me an account of the rents I have received; but I trust that you will not press this matter, as you'll at once come in for the receipt of the rents; and I shall be enabled to live in comfort, in Dublin, upon the savings I have effected, and a small property I received as a younger brother's portion.

You will, of course, understand why, during your stay here, I refrained from any outward demonstrations of affection for you. I felt that suspicions might have arisen, had I not done so, that you were my brother's son, in which case the estate would surely have been confiscated. Seeing that the bent of your inclinations was for an active and stirring life, and as the English army was barred to you, I thought it best that you should go abroad, and so be out of the way until the time should come when matters would so quieten down, in Ireland, that my influence might avail to secure an indemnity for you for serving in France, and enable me to hand over your estate to you.

Your affectionate uncle, John O'Carroll.

Gerald laughed aloud as he read the letter.

"Is it good news, your honour?" Mike, who happened to be busy in the room, asked.

"Nothing could be better. My dear uncle has heard that Lord Godolphin and the Earl of Galway have become my patrons, that the queen has restored to me my rights, and Mr. Counsellor Fergusson has taken up my case. He therefore declares that, as it was always his intention to restore the estate to me, as soon as I could safely return, he is now ready to do so, and only hopes that I will not insist upon his handing over the back rents; which, indeed, I question whether I could do, as the estate was granted to him, personally, by the Government.

"However, of course I shall not press that. I shall be only too glad to obtain possession without the scandal of having to show, in the public courts, that my father's brother was a villain."

"The ould fox!" Mike exclaimed indignantly. "I felt sure, when you told me what the counsellor had said, that he would wriggle out of it somehow. I would give all the gold pieces I have in my belt for half an hour's talk with him, with a good shillelah!"

"Well, we can afford to let bygones be bygones, Mike. And after all, he did me a service, unwittingly, in sending me over to France. In the first place, I had three years of stirring life; in the next, I have made many good friends, and have gained the patronage of two powerful noblemen, without which I should have assuredly never come in for Kilkargan at all."

"That is true for you, your honour. And without it, I might be still a private in O'Brien's regiment, instead of being your honour's body servant."

"And friend, Mike."

"Yes, sir, as you are good enough to say so."