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Office, both members of Parliament, William Brathwait, for the city of Bath, and Thomas Jervois, for Southampton; that the two jurors deciphered and attested the contents of the flask, and signed the necessary affidavit conjointly with me; that I made my report to her Majesty, and by order of the queen all necessary and legal formalities were carried out with the discretion necessary in a matter so delicate; that the last form, the confrontation, has just been carried out; that you have £40,000 a year; that you are a peer of the United Kingdom of Great Britain, a legislator and a judge, a supreme judge, a sovereign legislator, dressed in purple and ermine, equal to princes, like unto emperors; that you have on your brow the coronet of a peer, and that you are about to wed a duchess, the daughter of a king."

Under this transfiguration, overwhelming him like a series of thunderbolts, Gwynplaine fainted.

 

 

 

CHAPTER II. THE WAIF KNOWS ITS OWN COURSE.

 

All this had occurred owing to the circumstance of a soldier having found a bottle on the beach. We will relate the facts. In all facts there are wheels within wheels.

One day one of the four gunners composing the garrison of Castle Calshor picked up on the sand at low water a flask covered with wicker, which had been cast up by the tide. This flask, covered with mould, was corked by a tarred bung. The soldier carried the waif to the colonel of the castle, and the colonel sent it to the High Admiral of England. The Admiral meant the Admiralty; with waifs, the Admiralty meant Barkilphedro.

Barkilphedro, having uncorked and emptied the bottle, carried it to the queen. The queen immediately took the matter into consideration.

Two weighty counsellors were instructed and consulted—namely, the Lord Chancellor, who is by law the guardian of the king's conscience; and the Lord Marshal, who is referee in Heraldry and in the pedigrees of the nobility. Thomas Howard, Duke of Norfolk, a Catholic peer, who is hereditary Earl Marshal of England, had sent word by his deputy Earl Marshal, Henry Howard, Earl Bindon, that he would agree with the Lord Chancellor. The Lord Chancellor was William Cowper. We must not confound this chancellor with his namesake and contemporary William Cowper, the anatomist and commentator on Bidloo, who published a treatise on muscles, in England, at the very time that Etienne Abeille published a history of bones, in France. A surgeon is a very different thing from a lord. Lord William Cowper is celebrated for having, with reference to the affair of Talbot Yelverton, Viscount Longueville, propounded this opinion: That in the English constitution the restoration of a peer is more important than the restoration of a king. The flask found at Calshor had awakened his interest in the highest degree. The author of a maxim delights in opportunities to which it may be applied. Here was a case of the restoration of a peer. Search was made. Gwynplaine, by the inscription over his door, was soon found. Neither was Hardquanonne dead. A prison rots a man, but preserves him—if to keep is to preserve. People placed in Bastiles were rarely removed. There is little more change in the dungeon than in the tomb. Hardquanonne was still in prison at Chatham. They had only to put their hands on him. He was transferred from Chatham to London. In the meantime information was sought in Switzerland. The facts were found to be correct. They obtained from the local archives at Vevey, at Lausanne, the certificate of Lord Linnæus's marriage in exile, the certificate of his child's birth, the certificate of the decease of the father and mother; and they had duplicates, duly authenticated, made to answer all necessary requirements.

All this was done with the most rigid secrecy, with what is called royal promptitude, and with that mole-like silence recommended and practised by Bacon, and later on made law by Blackstone, for affairs connected with the Chancellorship and the state, and in matters termed parliamentary. The jussu regis and the signature Jeffreys were authenticated. To those who have studied pathologically the cases of caprice called "our good will and pleasure," this jussu regis is very simple. Why should James II., whose credit required the concealment of such acts, have allowed that to be written which endangered their success? The answer is, cynicism—haughty indifference. Oh! you believe that effrontery is confined to abandoned women? The raison d'état is equally abandoned. Et se cupit ante videri. To commit a crime and emblazon it, there is the sum total of history. The king tattooes himself like the convict. Often when it would be to a man's greatest advantage to escape from the hands of the police or the records of history, he would seem to regret the escape so great is the love of notoriety. Look at my arm! Observe the design! I am Lacenaire! See, a temple of love and a burning heart pierced through with an arrow! Jussu regis. It is I, James the Second. A man commits a bad action, and places his mark upon it. To fill up the measure of crime by effrontery, to denounce himself, to cling to his misdeeds, is the insolent bravado of the criminal. Christina seized Monaldeschi, had him confessed and assassinated, and said,—

"I am the Queen of Sweden, in the palace of the King of France."

There is the tyrant who conceals himself, like Tiberius; and the tyrant who displays himself, like Philip II. One has the attributes of the scorpion, the other those rather of the leopard. James II. was of this latter variety. He had, we know, a gay and open countenance, differing so far from Philip. Philip was sullen, James jovial. Both were equally ferocious. James II. was an easy-minded tiger; like Philip II., his crimes lay light upon his conscience. He was a monster by the grace of God. Therefore he had nothing to dissimulate nor to extenuate, and his assassinations were by divine right. He, too, would not have minded leaving behind him those archives of Simancas, with all his misdeeds dated, classified, labelled, and put in order, each in its compartment, like poisons in the cabinet of a chemist. To set the sign-manual to crimes is right royal.

Every deed done is a draft drawn on the great invisible paymaster. A bill had just come due with the ominous endorsement, Jussu regis.

Queen Anne, in one particular unfeminine, seeing that she could keep a secret, demanded a confidential report of so grave a matter from the Lord Chancellor—one of the kind specified as "report to the royal ear." Reports of this kind have been common in all monarchies. At Vienna there was "a counsellor of the ear"—an aulic dignitary. It was an ancient Carlovingian office—the auricularius of the old palatine deeds. He who whispers to the emperor.

William, Baron Cowper, Chancellor of England, whom the queen believed in because he was short-sighted like herself, or even more so, had committed to writing a memorandum commencing thus: "Two birds were subject to Solomon—a lapwing, the hudbud, who could speak all languages; and an eagle, the simourganka, who covered with the shadow of his wings a caravan of twenty thousand men. Thus, under another form, Providence," etc. The Lord Chancellor proved the fact that the heir to a peerage had been carried off, mutilated, and then restored. He did not blame James II., who was, after all, the queen's father. He even went so far as to justify him. First, there are ancient monarchical maxims. E senioratu eripimus. In roturagio cadat. Secondly, there is a royal right of mutilation. Chamberlayne asserts the fact.[19] Corpora et bona nostrorum subjectorum nostra sunt, said James I., of glorious and learned memory. The eyes of dukes of the blood royal have been plucked out for the good of the kingdom. Certain princes, too near to the throne, have been conveniently stifled between mattresses, the cause of death being given out as apoplexy. Now to stifle is worse than to mutilate. The King of Tunis tore out the eyes of his father, Muley Assem, and his ambassadors have not been the less favourably received by the emperor. Hence the king may order the suppression of a limb like the suppression of a state, etc. It is legal. But one law does not destroy another. "If a drowned man is cast up by the water, and is not dead, it is an act of God readjusting one of the king. If the heir be found, let the coronet be given back to him. Thus was it done for Lord Alla, King of Northumberland, who was also a mountebank. Thus should be done to Gwynplaine, who is also a king, seeing that he is a peer. The lowness of the occupation which he has been obliged to follow, under constraint of superior power, does not tarnish the blazon: as in the case of Abdolmumen, who was a king, although he had been a gardener; that of Joseph, who was a saint, although he had been a carpenter; that of Apollo, who was a god, although he had been a shepherd."

In short, the learned chancellor concluded by advising the reinstatement, in all his estates and dignities, of Lord Fermain Clancharlie, miscalled Gwynplaine, on the sole condition that he should be confronted with the criminal Hardquanonne, and identified by the same. And on this point the chancellor, as constitutional keeper of the royal conscience, based the royal decision. The Lord Chancellor added in a postscript that if Hardquanonne refused to answer he should be subjected to the peine forte et dure, until the period called the frodmortell, according to the statute of King Athelstane, which orders the confrontation to take place on the fourth day. In this there is a certain inconvenience, for if the prisoner dies on the second or third day the confrontation becomes difficult; still the law must be obeyed. The inconvenience of the law makes part and parcel of it. In the mind of the Lord Chancellor, however, the recognition of Gwynplaine by Hardquanonne was indubitable.

Anne, having been made aware of the deformity of Gwynplaine, and not wishing to wrong her sister, on whom had been bestowed the estates of Clancharlie, graciously decided that the Duchess Josiana should be espoused by the new lord—that is to say, by Gwynplaine.

The reinstatement of Lord Fermain Clancharlie was, moreover, a very simple affair, the heir being legitimate, and in the direct line.

In cases of doubtful descent, and of peerages in abeyance claimed by collaterals, the House of Lords must be consulted. This (to go no further back) was done in 1782, in the case of the barony of Sydney, claimed by Elizabeth Perry; in 1798, in that of the barony of Beaumont, claimed by Thomas Stapleton; in 1803, in that of the barony of Stapleton; in 1803, in that of the barony of Chandos, claimed by the Reverend Tymewell Brydges; in 1813, in that of the earldom of Banbury, claimed by General Knollys, etc., etc. But the present was no similar case. Here there was no pretence for litigation; the legitimacy was undoubted, the right clear and certain. There was no point to submit to the House, and the Queen, assisted by the Lord Chancellor, had power to recognize and admit the new peer.

Barkilphedro managed everything.

The affair, thanks to him, was kept so close, the secret was so hermetically sealed, that neither Josiana nor Lord David caught sight of the fearful abyss which was being dug under them. It was easy to deceive Josiana, entrenched as she was behind a rampart of pride. She was self-isolated. As to Lord David, they sent him to sea, off the coast of Flanders. He was going to lose his peerage, and had no suspicion of it. One circumstance is noteworthy.

It happened that at six leagues from the anchorage of the naval station commanded by Lord David, a captain called Halyburton broke through

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